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HomeMy WebLinkAbout2006 07-18 CC CDC AGENDA PKTAgenda 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 — July 18, 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 concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager/Executive Director any matter that you desire the City Council or Community Development Commission Board to consider. We thank you for your presence and wish you to know that we appreciate your involvement. 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 interpretation en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. I/� Council Requests That All Cell 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 CITY COUNCIL PROCLAMATION COUNCIL AGENDA 7/18/06 Page 2 Proclaiming May 2006 as: "CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD MONTH" 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. 1. Approval of the minutes of the Regular City Council/Community Development Commission meetings of April 18, 2006 and May 2, 2006. (City Clerk) 2. Approval of a motion to waive reading of the text of all Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 3. Resolution of the City Council of the City of National City reciting the fact of the Special Election held on Tuesday, June 6, 2006, declaring the result and such other matters as provided by law. (City Clerk) 4. Resolution of the City Council authorizing the Mayor to execute a Mills Act historic preservation contract for 910 A Avenue. (Applicant: Janice Martinelli) (Case File M-2006-1) (Planning) 5. Resolution of the City Council authorizing the Mayor to execute a Mills Act historic preservation contract for 934 A Avenue. (Applicant: Janice Martinelli) (Case File M-2006-2) (Planning) COUNCIL AGENDA 7/18/06 Page 3 CONSENT CALENDAR (Cont.) Resolution authorizing the City Engineer to establish red "No Parking" zones adjacent to the driveway at 1515 Wilson Avenue. (M. LaRue, TSC Item No. 2006-11). (Engineering) 7. Resolution authorizing the City Engineer to establish "One Hour Parking" and a loading and unloading zone in front of 35 E. 3`d Street. (G. Rael, TSC Item No. 2006-12) (Engineering) 8. Resolution of the City council of the City of National City accepting a dedication of real property from David G. Hargrove for street purposes on "K" Avenue, north of 13th street, and dedicating and naming the parcel of land (LS-2001-4). (Engineering) 9. Resolution of the City Council to approve, accept and record Bayview Condominiums Subdivision Map located at 801 National City Boulevard (S- 2003-5, CUP-2003-22) (Engineering) 10. Resolution of the City Council of the City of National City approving a contract agreement between the City and Harris & Associates for the not to exceed amount of $48,000 for one year period to provide engineering services to repair and monitor the City's automated traffic signal control system at the City Hall and maintain the communication system in the field, and authorizing the City Engineer to execute the agreement (funding through gas tax). (Engineering) 11. Resolution of the City Council of the City of National City approving Change Order Number One to Portillo Concrete, Inc. for Highland Avenue Medians Phase I - E. 8th Street to E. 16th Street, Spec. No. 05-05, in the amount of $63,112 for additional work on various items and additional four (4) new pedestrian ramps and authorizing the City Engineer to approve and sign the change order. Funding for this project is provided by the Community Development Commission. (Engineering) COUNCIL AGENDA 7/18/06 Page 4 CONSENT CALENDAR (Cont.) 12. Resolution authorizing the Mayor to execute an amendment to the "City Makeover Program Grant Fund Agreement" between the Metropolitan Water District of Southern California (MWD) and the City of National City to extend the termination date of the contract from January 31, 2006 to March 15, 2007 and extends the milestone dates for grant funds in the amount of $75,000 for landscape, planting and irrigation features at Paradise Creek Educational Park. (Community Services) 13. Resolution of the City Council of the City of National City adopting regulations for candidates for elective office pertaining to candidates' statements submitted to the voters at an election to be held on Tuesday, November 7, 2006. (City Clerk) 14. Resolution of the City Council of the City of National City calling and giving notice of the holding of a general municipal election to be held on Tuesday, November 7, 2006, for the election of certain officers as required by the provisions of the laws of the State of California relating to General Law Cities. (City Attorney) 15. Resolution of the City Council of the City of National City requesting the Board of Supervisors of the County of San Diego to consolidate a general municipal election to be held on November 7, 2006, with the statewide general election to be held on the same date pursuant to Section 10403 of the election code. (City Attorney) 16. Resolution of the City Council of the City of National City authorizing the Mayor to execute agreements with the State Board of Equalization for implementation of a local transactions and use tax. (City Attorney) 17. Resolution of the City Council of the City of National City reducing the property tax rate for bonded indebtedness for Fiscal Year 2006-2007 from 17.7 cents per $100 of assessed valuation to 15.7 cents per $100 of assessed valuation. (Finance) 18. Resolution declaring City Council's intention to provide for an annual levy and collection of assessments in a special maintenance district and setting a time and place for a Public Hearing thereon. (Landscape Maintenance District No. 1 — Mile of Cars) (City Manager) COUNCIL AGENDA 7/18/06 Page 5 CONSENT CALENDAR (Cont.) 19. Resolution approving the assessment Engineer's Report for proceedings for the annual levy of assessments within a special maintenance district. (Landscape Maintenance District No. 1 — Mile of Cars) (City Manager) 20. Resolution declaring City Council's intention to provide for an annual levy and collection of assessments in the Downtown National City Property Business Improvement District, and setting a time and place for a Public Hearing Thereon. (Morgan Square) (City Manager) 21. Resolution approving the assessment Engineer's Report as outlined in -the Downtown National City Property Business Improvement District Management District Plan for proceedings for the annual levy of assessments within the Downtown Property Business Improvement District. (Morgan Square) (City Manager) 22. Resolution amending the agreement between San Diego Unified Port District and the City of National City for Police, Fire and Emergency Medical Services, extending the existing agreement for one year or until the negotiations for the new contract are complete. (Agreement No. 31-2003) (City Manager) 23. Temporary Use Permit — National Night Out Kimball Park on August 1, 2006 from 5 p.m. to .8 p.m. with no waiver of fees. (Building & Safety) 24. Notice of Decision — Conditional Use Permit for the expansion of an existing Charter School with an exception for reduced rear yard setback on a church property at 125 Palm Avenue. (Applicant: Alex Saucedo for Apostolic Assembly of the Faith in Christ Jesus, Inc.) (Case File No. CUP-2006-9) (Planning) 25. WARRANT REGISTER # 48 (Finance) Ratification of Demands in the amount of $1,395,088.28. 26. WARRANT REGISTER # 49 (Finance) Ratification of Demands in the amount of $166,173.82. COUNCIL AGENDA 7/18/06 Page 6 CONSENT CALENDAR (Cont.) 27. WARRANT REGISTER # 50 (Finance) Ratification of Demands in the amount $3,872,101.74. 28. WARRANT REGISTER # 51 (Finance) Ratification of Demands in the amount $313,065.24 PUBLIC HEARINGS 29. Public Hearing — Introducing an Ordinance which amends Chapter 18.108 of Title 18 (Zoning) of the National City Municipal Code by adding Section 18.108.230 which would allow the termination of nonconforming uses through amortization, exempting residential uses (Applicability). (Applicant: City initiated) (Case File No. A-2006-2) (City Attorney/Planning) 30. Public Hearing — 2005-2006 Weed Abatement Public Hearing. (Continued from June 20, 2006 City Council Meeting) (Fire) 31. Public Hearing to consider adoption of the 2006 Regional Transportation Improvement Program (RTIP) for National City. (Engineering) 32. Public Hearing — Street Vacation for the closing of that portion of 7th Street, west of Arcadia Avenue and east of Burden Drive. (Applicant: Michael Parich, Generations, LLC) (Case File No. SC-2006-1) (Planning) 33. Public Hearing to consider the report required by Health and Safety Code Section 5473, Et Seq. pertaining to the collection of sewer charges on the tax roll, directing the City Clerk to file said report with the San Diego County Auditor and directing the Finance Director to certify with the San Diego County Auditor the "Sewer Service Charge Fund" with no increase in rates from 2005-06 to 2006-07. (Public Works) COUNCIL AGENDA 7/18/06 Page 7 ORDINANCE FOR INTRODUCTION 34. Introducing an Ordinance which amends Chapter 18.108 of Title 18 (Zoning) of the National City Municipal Code by adding Section 18.108.230 which would allow the termination of nonconforming uses through amortization, exempting residential uses (Applicability). (Applicant: City initiated) (Case File No. A-2006-2). (City Attorney/Planning Department) ORDINANCE FOR ADOPTION 35. An Ordinance of the City Council of the City of National City amending Sections 15.16.010, 15.16.015, 15.16.035, 15.16.040, 15.16.045, 7.24.020, 15.08.025, 15.10.010, 15.14.010, 15.20.010 and 15.24.025 of the National City Municipal Code pertaining to housing inspections and permits. (Building & Safety) NON CONSENT RESOLUTIONS 36. Resolution of the City Council of the City of National City approving the proposed plans for the National City Boulevard Streetscape and Fountain Plaza Improvements Project and authorizing the City Engineer to advertise and obtain bids. (Funding for this project is provided by a SANDAG Smart Growth Grant and the Redevelopment Agency) (Engineering) 37. Resolution of the City Council of the City of National City adopting the report by Health and Safety Code Section 5473, Et Seq. pertaining to the collection of sewer charges on the tax roll, directing the City Clerk to file said report with the San Diego County Auditor and directing the Finance Director to certify with the San Diego County Auditor the "Sewer Service Charge Fund" with no increases in rates from 2005-06 to 2006-07. (Public Works) 38. Resolution of the City Council of the City of National City authorizing the approval of the 2005 — 2006 Weed Abatement Public Hearing Findings, (Continuance from June 20, 2006 City Council Meeting) (Fire) 39. Resolution of the City of National City adopting the 2006 Regional Transportation Program (RTIP) for National City. (Engineering) COUNCIL AGENDA 7/18/06 Page 8 NON CONSENT RESOLUTIONS 40. Resolution to partner with Supervisor Cox to provide Automated External Defibrillators (AED's) in each of the schools in National City by matching contribution of $500 per school for a total match of $6,500. (This expenditure will come from the new contract with American Medical Response Ambulance Service, Inc.) (City Manager) NEW BUSINESS 41. Notice of Decision — Planning Commission approval of a Conditional Use Permit for the modification of CUP-2004-11 to allow the sale of distilled spirits at Ben's 1615 Restaurant at 1615 Sweetwater Road. (Applicant: Benjamin O. Camacho) (Case File M1-CUP-2004-11) (Planning) 42. Report on National City Municipal Golf Course audit conducted by MBIA MuniServices Company (MBIA). (Community Services) NON CONSENT RESOLUTION 43. Resolution authorizing the Mayor to execute an Amendment to the Agreement between the City of National City and American Golf Corporation pertaining to fees at the National City Golf Course. (Community Services/City Manager) NEW BUSINESS (Cont.) 44. Discussion of TUP fee reversals for: Relay for Life ($873.74) and Auto Heritage Day ($2,612.76) (City Manager) 45. Alpha Project — National City Progress Report for May 2006 — June 2006. (Public Works) 46. National City Transit Monthly Report for July — 2006. (John P. Webster, Sr., Vice President -General Manager, National City Transit) COUNCIL AGENDA 7/18/06 Page 9 COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 47. Ratifications of Expenditures of the Community Development Commission: Expenditures for the period of 05/25/06 through 07/05/06 of $3,363,338. (Community Development Commission/Finance) 48. Resolution authorizing the Chairman to execute an Agreement with Harris & Associates for the not to exceed amount of $200,000 to provide as -needed civil engineering and construction management services. (Community Development Commission) 49. Authorizing the Chairman to execute a Memorandum of Understanding with the San Diego State. University Foundation to provide business management technical assistance to National City businesses. (Community Development Commission) 50. Resolution approving the First Amendment to the Agreement by and between the Community Development Commission of the City of National City and Safdie Rabines Architects for services not to exceed $72,000, requesting the Port of San Diego to transfer funds allocated to National City capital projects to reimburse the Community Development Commission; and authorizing the Chairman to execute the Amendment. (Community Development Commission) NEW BUSINESS 51. Review of Community Development Commission Projects. (Executive Director, Community Development Commission/Redevelopment Consultant) 52. Report from the Executive Director seeking direction regarding the letter from the Chamber of Commerce regarding eight parking spaces. (Executive Director, Community Development Commission) COUNCIL AGENDA 7/18/06 Page 10 MAYOR AND CITY COUNCIL CLOSED SESSION Conference with Legal Counsel — Anticipated Litigation Initiation of Litigation Pursuant to Government Code Section 54956.90 (c) One Potential Case Public Employee Performance Evaluation — Government Code Section 54957 Title: City Manager ADJOURNMENT Council to Dispense with the Regular Meeting of August 1, 2006 and Adjourn to the City Council and Community Development Commission Meeting - Tuesday — August 1, 2006 - 5:00 p.m. — Council Chambers, Civic Center TAPE RECORDINGS OF EACH CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETINGS ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE CITY OF NATIONAL CITY WHEREAS, In May, 2006 the California Integrated Waste Management Board completed an extensive environmental remediation project at the North Fill Bank of the former National City Dump located at 5201 and 5210 Cleveland Avenue in National City; and WHEREAS, due to the efforts of the California Integrated Waste Management Board at the former North Fill Bank of the National City Dump, a portion of the Paradise Marsh in National City was restored to protect wildlife; and WHEREAS, due to the efforts of the California Integrated Waste Management Board the former National City Dump is now being prepared for redevelopment as a hotel, restaurant and commercial site providing employment, public revenues and improved quality of life in National City; and WHEREAS, the California Integrated Waste Management Board's partnership with the City of National City Community Development Commission has resulted in the. improved health, safety and welfare of the National City Community, THEREFORE, as Mayor & City Council, by virtue of the authority vested in us by the City of National City, do hereby express our profound gratitude and appreciation to the California Integrated Waste Management Board, and We call upon all citizens of National City to recognize the California Integrated Waste Management Board for their dedication and contributions to the community. 411.Nic tInzunz Mayor Ron Morrison Vice Mayor ilmember Frank Parra Councilmember Rosalie Z. Cbuncilmem Item # 1 7/18/06 APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETINGS OF APRIL 18, 2006 AND MAY 2, 2006. (CITY CLERK) ITEM #2 7/18/06 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalla — City Clerk (619)336-4226 (619) 336-4229 To: Honorable Mayor and Council From: Michael Dalla, City Clerk Subject: Ordinance Introduction and Adoption • It is recommended that the City Council approve the following motion as part. of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at thismeeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title". mrd City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 18, 2006 AGENDA ITEM NO. 3 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RECITING THE FACT OF THE SPECIAL ELECTION HELD ON TUESDAY, JUNE 6, 2006, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW PREPARED BY Michael R. Della i DEPARTMENT City Clerk EXT. 4226 EXPLANATION Once the County has canvassed the election and provided an "Official Canvass" of the returns to the City Clerk, the City Council must meet and adopt a resolution to "Declare Results" pursuant to California Election Code 15400, incorporating the "Official Canvass" into the resolution as "Exhibit A". Environmental Review N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below Proposed resolution Certified "Official Canvass" from the Registrar of Voters Resolution No. A-200 (Rev. 7/03) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON JUNE 6, 20006, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a Special Municipal Election was held and conducted in the City of National City, California, on Tuesday, June 6, 2006, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; voting precincts were properly established; election officers were appointed and in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, pursuant to Resolution No. 2006-22, adopted on February 7, 2006, the San Diego County Registrar of Voters canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as Exhibit "A". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the whole number of ballots cast in the City, except absent voter ballots, was 3,156. That the whole number of absent voter ballots cast in the City was 2,106, making a total of 5,262 ballots cast in the City. SECTION 2. That as a result of the election, a majority of the voters voting on the measure relating to the National City Sales Tax Issue (Proposition D) did vote for it. SECTION 3. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of votes cast in the City; (2) The measure voted upon; (3) The number of votes given at each precinct for and against the measure; (4) the total number of votes given for and against the measure. SECTION 4. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 18th day of July, 2006. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, HI, City Attorney MIKEL HAAS Registrar of Voters Taurt#g of an pt.e .o TIM McNAMARA REGISTRAR OF VOTERS Assl. Registrar of Voters 5201 Ruffin Road, Suite I, San Diego, California 92123-1693 Date: June 29, 2006 To: Clerk of the Board of Supervisors (A45) From: Mikel Haas Registrar of Voters Re: ELECTION CERTIFICATION Enclosed are the certified results for the following election: Jurisdiction: COUNTY OF SAN DIEGO PRIMARY ELECTION Election Date: June 6, 2006 Office: Fax: TDD: Toll Free: (858) 565-580r"- (858) 694-295 (858) 694-3441 (800) 696-0136 A complete copy of the results is available on a disk. Please ask for details. An official bulletin and precinct results for specific contests have been sent to those listed below. A printed copy of the results is 3,000+ pages. Please call this office at 858-694-3405 if you have any questions regarding this matter. Bulletin only: Secretary of State Supervisor Cox Supervisor Jacob Supervisor Slater -Price Supervisor Roberts Supervisor Horn Walter F. Ekard, CAO Helen Robbins -Meyer, Asst. CAO Alex Martinez, Deputy CAO Office of Intergovernmental Affairs Department of Planning & Land Use San Diego Association of Governments County Central Committees: American Independent Democratic Green Libertarian Natural Law Peace and Freedom Republican Specific Precinct results: San Diego County Superior Court San Diego County Office of Education San Diego Community College District San Diego Unified School District City of Chula Vista City of Lemon Grove City of National City City of San Diego City of Solana Beach Tri-City Healthcare District Grossmont Healthcare District Rancho Santa Fe School District EXHIBIT "A" CERTIFICATE STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) I, Mikel Haas, Registrar of Voters for the County of San Diego, do hereby certify that I have conducted the official canvass of the retums from the Primary Election held on June 6, 2006 in the County of San Diego. The following is a statement of the results showing the total number of ballots cast, the total number of votes for each candidate and the total number of votes in favor of and against each proposi Witness my hand and official seal this 29th day of Ju IKEL HAAS egistrar of Voters COUNTY OF SAN DIEGO PRIMARY ELECTION Tuesday, June 6, 2006 Official Results (San Diego Portion Only) Date:06/29/06 Time:12:3 2:11 Page:1 of 14 Registered Voters 1356018 - Cards Cast 505715 37.29% GOVERNOR - REPUBLICAN Number of Precincts Precincts Reporting Vote For Total Votes REP Total 1903 1903 1 234348 A. SCHWARZENEGGER BILL CHAMBERS JEFFREY R BURNS ROBERT C NEWMAN II REP REP REP REP 215943 5612 5373 5175 92.15% 2.39% 2.29% 2.21 % GOVERNOR -DEMOCRATIC Number of Precincts Precincts Reporting Vote For Total Votes DEM Total 1903 1903 100.0 % 1 196500 PHIL ANGELIDES DEM STEVE WESTLY DEM BARBARA BECNEL DEM JOE BROUILLETTE DEM MICHAEL STRIMLING DEM FRANK A. MACALUSO JR DEM VIBERT GREENE DEM JERALD ROBERT GERST DEM 92023 79947 6690 3923 3443 2529 2515 1849 46.83% 40.69% 3.40% 2.00% 1.75% 1.29% 1.28% 0.94% GOVERNOR - AMERICAN IND. Number of Precincts Precincts Reporting Vote For Total Votes AIP Total 1903 1903 100.0 % 1 4417 EDWARD C. NOONAN AIP 2628 59.50% GOVERNOR - PEACE/FREEDOM Number of Precincts Precincts Reporting Vote For Total Votes PF Total 1903 1903 100.0 % 348 JANICE JORDAN PF 276 79.31% GOVERNOR- LIBERTARIAN Number of Precincts Precincts Reporting Vote For Total Votes ART OLIVIER LIB LIB Total 1903 1903 100.0 % 2126 1910 89.84% Num. Report Precinct 1903 - Num. Reporting 1903 00.00% GOVERNOR - GREEN Number of Precincts Precincts Reporting Vote For Total Votes GRN Total 1903 1903 100.0 % 1 2224 LT. GOVERNOR - REPUBLICAN Number of Precincts Precincts Reporting Vote For Total Votes REP Total 1903 1903 100.0 % 1 224458 TOM MC CLINTOCK REP 209349 93.27% TONY FARMERREP 13151 5.86% LT. GOVERNOR - DEMOCRATIC DEM Total 1903 1903 100.0 % 190809 Number of Precincts Precincts Reporting Vote For Total Votes JACKIE SPEIER JOHN GARAMENDI LIZ FIGUEROA DEM DEM DEM 77947 77471 34016 40.85% 40.60% 17:83% LT. GOVERNOR - AMERICAN IND. AIP Number of Precincts Precincts Reporting Vote For Total Votes JIM KING LT. GOVERNOR - PEACE/FREEDOM Number of Precincts Precincts Reporting Vote For Total Votes PF Total 1903 1903 100.0 % 1 Total 1903 1903 100.0 % 4s 1 325 STEWART A. ALEXANDER PF 274 84.31% 74. LT. GOVERNOR - LIBERTARIAN LIB Number of Precincts Precincts Reporting Vote For Total Votes Total 1903 1903 100.0 % 1 2076 LYNNETTE SHAW LIB 1914 92.20% COUNTY OF SAN DIEGO PRIMARY ELECTION Tuesday, June 6, 2006 Official Results (San Diego Portion Only) Date:06/29/06 Time:12:32:11 Page:2 of 14 Registered Voters 1356018 - Cards Cast 505715 37.29% LT. GOVERNOR - GREEN Number of Precincts Precincts Reporting Vote For Total Votes GRN Total 1903 1903 100.0 % 1 2089 DONNA J. WARREN GRN 1915 91.67% SECRETARY OF STATE - REPUBLICAN Number of Precincts Precincts Reporting Vote For Total Votes REP Total 1903 1903 100.0 % 1 198265 BRUCE MC PHERSON REP 196304 99.01% SECRETARY OF STATE - DEMOCRATIC Number of Precincts Precincts Reporting Vote For Total Votes DEM Total y 1903 1903 100.0 % 1 167738 DEBRA BOWEN DEBORAH V. ORTIZ DEM 105949 63.16% DEM 59792 35.65% SECRETARY OF STATE - AIP AMERICAN IND. • Total Number of Precincts 1903 Precincts Reporting 1903 100.0 % Vote For 1 Total Votes 3953 GLENN MC MILLON, JR. AIP 3037 76.83% saiegiai:";7sr]�..^» '.':#{G '.. fix. is8'tc$„°:r``".dst.«"'..w #.,,,,:aJw.�•^t'�,"."L SECRETARY OF STATE - PE PEACE/FREEDOM Total Number of Precincts 1903 Precincts Reporting 1903 100.0 % Vote For 1 Total Votes 321 MARGIE AKIN PE 284 88.47% t.". "h. 7.44': ••'TYSt.4.xi .'n.....,,,,f.-'WA.*..< Wu.R .bbi{m'ti ::.'.�..t ••.:.'. �` r�.. SECRETARY OF STATE - LIB LIBERTARIAN Total Number of Precincts 1903 Precincts Reporting 1903 100.0 % ` Vote For 1 Total Votes 2074 GAIL K. LIGHTFOOT LIB 1980 95.47% Num. Report Precinct 1903 - Num. Reporting 1903 100.00% SECRETARY OF STATE - GREEN Number of Precincts Precincts Reporting Vote For Total Votes GRN Total 1903 1903 100.0 % 1 2041 FORREST HILL GRN 1924 94.27% CONTROLLER -REPUBLICAN Number of Precincts Precincts Reporting Vote For Total Votes REP Total 1903 1903 100.0 % 1 197095 TONY STRICKLAND ABEL MALDONADO JIM S IIhRINGER BRET R. DAVIS DAVID L. HARRIS REP REP REP REP REP 93415 54180 30421 10607 7097 47.40% 27.49% 15.43% 5.38% 3.60% CONTROLLER - DEMOCRATIC Number of Precincts Precincts Reporting Vote For Total Votes DEM Total 1903 1903 100.0 % 1 166345 JOHN CHIANG JOE DUNN DEM 86903 52.24% DEM 78089 46.94% CONTROLLER - AMERICAN IND. AIP Number of Precincts Precincts Reporting Vote For Total Votes Total 1903 1903 100.0 % 1 3853 WARREN M. CAMPBELL AIP 2844 73.81% CONTROLLER - PEACE/FREEDOM PF Number of Precincts Precincts Reporting Vote For Total Votes Total 1903 1903 1 322 100.0 % ELIZABETH CERVANTES PF 289 89.75% CONTROLLER - LIBERTARIAN LIB Total Number of Precincts 1903 Precincts Reporting Vote For 1903 1 100.0 %; a, Total Votes 2065 DONNA TELLO LIB 1977 95.74% COUNTY OF SAN DIEGO PRIMARY ELECTION Tuesday, June 6, 2006 Official Results (San Diego Portion Only) Registered Voters 1356018 - Cards Cast 505715 37.29% CONTROLLER - GREEN Number of Precincts Precincts Reporting Vote For Total Votes LAURA WELLS GRN Total 1903 1903 100.0 % 1 2036 1939 95.24% TREASURER - REPUBLICAN Number of Precincts Precincts Reporting Vote For Total Votes REP Total 1903 1903 100.0 % 1 192722 CLAUDE PARRISH REP KEITH S. RICHMAN REP 125748 65.25% 65335 33.90% TREASURER -DEMOCRATIC Number of Precincts Precincts Reporting Vote For Total Votes DEM Total 1903 1903 100.0 % 1 167465 BILL LOCKYER DEM 165394 98.76% TREASURER - AMERICAN 1ND. Number of Precincts Precincts Reporting Vote For Total Votes AIP Total 1903 1903 100.0 % 3859 E. JUSTIN NOONAN AIP 2915 75.54% TREASURER-PEACE/FREEDOM Number of Precincts Precincts Reporting Vote For Total Votes PE Total 1903 1903 100.0 % 1 311 GERALD SANDERS PE 278 89.39% TREASURER - LIBERTARIAN Number of Precincts Precincts Reporting Vote For Total Votes MARIAN SMITHSON LIB LIB Total 1903 1903 2051 1972 100.0 % 96.15% Date:06/29/06I Time:12:32:11 Page:3 of 14 Num. Report Precinct 1903 - Num. Reporting 1903 100.00% TREASURER - GREEN Number of Precincts Precincts Reporting Vote For Total Votes GRN Total 1903 1903 100.0 1 2003 MEHUL M. THAKKER GRN 1892 94.46% ATTORNEY GENERAL - REPUBLICAN Number of Precincts Precincts Reporting Vote For Total Votes REP Total 1903 1903 100.0 % 1 186353 CHUCK POOCHIGIAN REP 183484 98.46% ATTORNEY GENERAL - DEMOCRATIC Number of Precincts Precincts Reporting Vote For Total Votes DEM Total 1903 1903 100.0 % 1 190908 JERRY BROWN ROCKY DELGADILLO DEM 122648 64.24% DEM 67318 35.26% ATTORNEY GENERAL - PEACE/FREEDOM Number of Precincts Precincts Reporting Vote For Total Votes PF Total 1903 1903 100.0 % 1 316 JACK HARRISON PF 275 87.03% ATTORNEY GENERAL - LIBERTARIAN Number of Precincts Precincts Reporting Vote For Total Votes LIB Total 1903 1903 100.0 % 1 2047 KENNETH A. WEISSMAN LIB 1950 95.26% ATTORNEY GENERAL - GREEN Number of Precincts Precincts Reporting Vote For Total Votes GRN Total 1903 1903 100.0 % 1 2030 MICHAEL S. WYMAN GRN 1875 92.36% is COUNTY OF SAN DIEGO PRIMARY ELECTION Tuesday, June 6, 2006 Official Results (San Diego Portion Only) Date:06/2 9/06 Time:12:32:11 Page:4 of 14 Registered Voters 1356018 - Cards Cast 505715 37.29% INS. COMMISSIONER - REPUBLICAN Number of Precincts Precincts Reporting Vote For Total Votes REP Total 1903 1903 100.0 % I 179386 STEVE POIZNER REP 175954 98.09% INS. COMMISSIONER - DEMOCRATIC Number of Precincts Precincts Reporting Vote For Total Votes DEM Total 1903 1903 100.0 % 1 185118 CRUZ M. BUSTAMANTE JOHN KRAFT DEM DEM 129277 69.83% 54746 29.57% INS. COMMISSIONER - AMERICAN IND. Number of Precincts Precincts'Reporting Vote For Total Votes AIP Total 1903 1903 100.0 % 1 3658 JAY EARL BURDEN �•�� .gym -� ;��. AIP 2672 73.05% INS. COMMISSIONER - PEACE/FREEDOM Number of Precincts Precincts Reporting Vote For Total Votes PF Total 1903 1903 1 317 100.0 % TOM CONDIT PF 287 90.54% itU4Lt. 1 i.s'.Ytd...+#'.. F.b`t*Imt .i^.., J,VAtAva-ai•`.hwi"ki%+ m,,aa c •n'".F'...,....`.` INS. COMMISSIONER - LIBERTARIAN Number of Precincts Precincts Reporting Vote For Total Votes LIB Total 1903 1903 1 2045 100.0 % DALE F. OGDEN LIB 1979 96.77% INS. COMMISSIONER - GREEN Number of Precincts Precincts Reporting Vote For Total Votes GRN Total 1903 1903 100.0 % 1 1994 LARRY CAFIERO GRN 1884 94.48% Num. Report Precinct 1903 - Num. Reporting 1903 100.00% STATE BD. OF EQUALIZATION 3RD DIST. - REPUBLICAN Number of Precincts Precincts Reporting Vote For Total Votes REP Total 1903 1903 100.0 % 1 194203 MICHELLE STEEL RAY HAYNES STEVE PETRUZZO HAL "7IMBO" STYLES LEWIS A. DA SILVA REP REP REP REP REP 73632 61724 34532 14278 9271 37.91% 31.78% 17.78% 7,35% 4.77% STATE BD. OF EQUALIZATION 3RD DIST. - DEMOCRATIC Number of Precincts Precincts Reporting Vote For Total Votes DEM Total 1903 1903 100.0 % 1 150376 MARY C.-HEISING DEM 148214 98.56% STATE BD. OF EQUALIZATION PF 3RD DIST. - PEACE/FREEDOM Total Number of Precincts 1903 Precincts Reporting 1903 100.0 % Vote For 1 Total Votes 318 MARY LOU FINLEY PF 302 94.97% UNITED STATES SENATOR - REP REPUBLICAN Total Number of Precincts 1903 Precincts Reporting 1903 100.0 % Vote For 1 Total Votes 187234 RICHARD MOUNTJOY REP 184539 98.56% at. 1. . 'f a" M:.� ... iwzw*".amaR:oY i'.gAl.za �4a 1' ` .e UNITED STATES SENATOR - DEM DEMOCRATIC Total Number of Precincts 1903 Precincts Reporting 1903 100.0 % Vote For 1 Total Votes 198176 DIANNE FEINSTEIN DEM 172636 87.11% COLLEEN FERNALD DEM 14815 7.48% MARTIN LUTHER CHURCHDEM 9692 4.89% sf„ UNITED STATES SENATOR - AIP AMERICAN IND. Total Number of Precincts 1903 Precincts Reporting 1903 100.0 % Vote For • 1 Total Votes 3778 $' DON I. GRUNDMANN AIP 2805 74.25% COUNTY OF SAN DIEGO PRIMARY ELECTION Tuesday, June 6, 2006 Official Results (San Diego Portion Only) Date:06/29/06 Time:12:32:11 Page:5 of 14 Registered Voters 1356018 - Cards Cast 505715 37.29% UNITED STATES SENATOR - PEACE/FREEDOM Number of Precincts Precincts Reporting Vote For Total Votes PE Total 1903 1903 100.0 % 1 323 MARSHA FEINLAND PE 284 87.93% UNITED STATES SENATOR - LIBERTARIAN Number of Precincts Precincts Reporting Vote For Total Votes LIB Total 1903 1903 100.0 % 1 2043 MICHAEL S. METTI LIB 1943 95.11% UNITED STATES SENATOR - GREEN Number of Precincts Precincts Reporting Vote For Total Votes GRN Total 1903 1903 1 1826 f' 100.0 % E` TODD CHRETIEN GRN 746 40.85% TIAN HARTER GRN 583 31.93% KENT P. MESPLAY GRN 313 17.14% U.S. REPRESENTATIVE 49TH REP DISTRICT - REPUBLICAN Total Number of Precincts 235 Precincts Reporting 235 100.0 % Vote For 1 Total Votes 33559 Df.:�A.RryRELL ISSA REP 33147 98.77% idxyUrAw U.S. REPRESENTATIVE 49TH DEM DISTRICT - DEMOCRATIC Total Number of Precincts 235 Precincts Reporting 235 100.0 % Vote For 1 Total Votes 15888 JEENI CRISCENZO DEM 15611 98.26% U.S. REPRESENTATIVE 49TH LIB DISTRICT - LIBERTARIAN Total Number of Precincts 235 Precincts Reporting 235 100.0 % Vote For I Total Votes 304 LARS R. GROSSMITH LIB 295 tii 97.04% i Num. Report Precinct 1903 - Num. Reporting 1903 100.00% U.S. REPRESENTATIVE 50TH DISTRICT - (RUN-OFF) Number of Precincts Precincts Reporting Vote For Total Votes BRIAN BILBRAY - REP FRANCINE BUSBY - DEM W. GRIFFITH - IND PAUL KING - LIB Total 500 500 100.0 % 1 158915 78341 49.30% 71146 44.77% 6027 3.79% 2519 1:59% U.S. REPRESENTATIVE 50TH DISTRICT - REPUBLICAN Number of Precincts Precincts Reporting Vote For Total Votes REP Total 500 500 1 77574 100.0 % BRIAN P. BILBRAY REP 41545 53.56% ERIC ROACH REP 10617 13.69% `- BILL HAUF REP 9952 12.83% BILL MORROW REP 4788 6.17% HOWARD KALOOGIAN REP 3689 4.76% ALANUKE REP 1866 2.41%'' VICTOR E. RAMIREZ REP 1425 1.84% RICHARD LEE EARNEST REP 1081 1.39% SCOTT ORREN REP 973 1.25% SCOTT TURNER REP 960 1.24% U.S. REPRESENTATIVE 50TH DEM DISTRICT - DEMOCRATIC Total Number of Precincts 500 Precincts Reporting 500 100.0 % Vote For 1 Total Votes 58477 FRANCINE BUSBY DEM 52039 88.99% CHRIS YOUNG DEM 5881 10.06% U.S. REPRESENTATIVE 50TH DISTRICT - PEACE/FREEDOM Number of Precincts Precincts Reporting Vote For Total Votes PF Total 500 500 1 86 100.0 % MIRIAM E CLARK PF 75 87.21% U.S. REPRESENTATIVE SOTH LIB DISTRICT - LIBERTARIAN Total Number of Precincts 500 Precincts Reporting 500 100.0 % Vote For 1 Total Votes 636 PAUL KING LIB 590 92.77% fi COUNTY OF SAN DIEGO PRIMARY ELECTION Tuesday, June 6, 2006 Official Results (San Diego Portion Only) Date:06/29/06 Time:12:32:11 Page:6 of 14 Registered Voters 1356018 - Cards Cast 505715 37.29% U.S. REPRESENTATIVE 51ST DISTRICT - REPUBLICAN Number of Precincts Precincts Reporting Vote For Total Votes REP Total 276 276 100.0 % 1 17712 BLAKE L. MILES JIM GALLEY REP 10530 59.45% REP 6607 37.30% U.S. REPRESENTATIVE 51ST DISTRICT - DEMOCRATIC Number of Precincts Precincts Reporting Vote For Total Votes DEM Total 276 276 100.0 % 1 35784 BOB FILNER JUAN VARGAS DANIEL RAMIREZ DEM DEM DEM 17899 15967 1823 50.02% 44.62% 5.09% U.S. REPRESENTATIVE 5IST LIB DISTRICT - LIBERTARIAN Number of Precincts Precincts Reporting Vote For Total Votes Total 276 276 100.0 % 1 155 DAN LITWIN LIB 144 92.90% U.S. REPRESENTATIVE 52ND REP DISTRICT - REPUBLICAN Number of Precincts Precincts Reporting Vote For Total Votes Total 498 498 100.0 % 1 61308 DUNCAN HUNTER REP 60772 99.13% =andUv KM* 0 AIO , art > 4 r U.S. REPRESENTATIVE 52ND DISTRICT - DEMOCRATIC Number of Precincts Precincts Reporting Vote For Total Votes DEM Total 498 498 100.0 % 1 32537 JOHN RINALDI DEM DEREK CASADY DEM KAREN MARIE OTTER DEM CONNIE FRANKOWIAK DEM PETER MOORE KOCHLACSDEM 12386 6214 5063 4805 3535 38.07% 19.10% 15.56% 14.77% ?G 10.86% .` U.S. REPRESENTATIVE 52ND LIB DISTRICT - LIBERTARIAN Number of Precincts Precincts Reporting Vote For Total Votes MICHAEL BENOIT LIB 'Total 498 498 100.0 % 1 513 486 94.74% Num. Report Precinct 1903 - Num. Reporting 1903 100.00% U.S. REPRESENTATIVE 53RD DISTRICT - REPUBLICAN Number of Precincts Precincts Reporting Vote For Total Votes REP Total 394 394 100.0 % 1 24282 JOHN WOODRUM BRYAN BARTON REP REP 14651 60.34% 9304 y..�:.n xL;.q g1..�'6^.2s P>f ..£SqY_++.:T+.'hRC ....A-'it(�-¢✓a.i.^', "(^'�` 38.32% U.S. REPRESENTATIVE 53RD DISTRICT - DEMOCRATIC Number of Precincts Precincts Reporting Vote For Total Votes SUSAN A. DAVIS DEM DEM Total 394 394 100.0 % 1 41632 41231 99.04% U.S. REPRESENTATIVE 53RD DISTRICT - LIBERTARIAN Number of Precincts Precincts Reporting Vote For Total Votes LIB Total 394 394 100.0 % 1 455 ERNIE LIPPE 1 TB 437 96.04% mow& Div. STATE SENATE REP 36TH DISTRICT - REPUBLICAN Total Number of Precincts 527 Precincts Reporting 527 100.0 % Vote For 1 Total Votes 63477 DENNIS HOLLINGSWORTHREP 63007 99.26%'4. STATE SENATE 36TH DISTRICT - DEMOCRATIC Number of Precincts Precincts Reporting Vote For Total Votes DEM. Total 527 527 1 34607 100.0 % MARK HANSON DEM 22473 64.94% 4 REBEKAH QUINTANA DEM 11813 34.13% STATE SENATE LIB; 36TH DISTRICT - LIBERTARIAN Total Number of Precincts 527 Precincts Reporting 527 100.0 %'?. Vote For 1 qI Total Votes 566 JOE SHEA LIB 537 94.88% i COUNTY OF SAN DIEGO PRIMARY ELECTION Tuesday, June 6, 2006 Official Results (San Diego Portion Only) Registered Voters 1356018 - Cards Cast 505715 37.29% STATE SENATE 38TH DISTRICT - REPUBLICAN Number of Precincts Precincts Reporting Vote For Total Votes REP Total 503 503 100.0 % 1 67409 NLARK WYLAND REP 66927 99.28% STATE SENATE 38TH DISTRICT - LIBERTARIAN Number of Precincts Precincts Reporting Vote For Total Votes LIB Total 503 503 100.0 % 1 597 BRIAN A. KLEA LIB 583 97.65% STATE SENATE 40TH DISTRICT - REPUBLICAN Number of Precincts Precincts Reporting Vote For Total Votes REP Total 263 263 100.0 % 1 17213 DAVID K. WALDEN REP 16861 97.96% STATE SENATE 40TH DISTRICT - DEMOCRATIC Number of Precincts Precincts Reporting Vote For Total Votes DEM Total 263 263 100.0 % I 28930 DENISE DUCHENY DEM 28626 98.95% STATE SENATE LIB 40TH DISTRICT - LIBERTARIAN Number of Precincts Precincts Reporting Vote For Total Votes Total 263 263 1 152 100.0 % JESSE THOMAS'�LIB 147 96.71% ,. .'.zr:44' Sn^y 4Yw kj.F..4Sin:Y3PMM`a�iEY�b':lka.` i?.ks.,Nwamulwg. .. ew'meTlTli"�4"8 STATE ASSEMBLY REP 66TH DISTRICT - REPUBLICAN Number of Precincts Total 61 41 t? Precincts Reporting 61 100.0 Vote For 1 i Total Votes 9910 KEVIN JEFFRIES REP 5226 52.73% DAN BRANSTINE REP 1918 19.35% STEVE ADAMS REP 1629 16.44% NANCY KNIGHT REP 1101 11.11% ^. Date:06/29/06� Time:12:32:11 Page:7 of 14 i Num. Report Precinct 1903 - Num. Reporting 1903 100.00% STATE ASSEMBLY 66TH DISTRICT - DEMOCRATIC Number of Precincts Precincts Reporting Vote For Total Votes LAUREL NICHOLSON DEM DEM Total 61 61 100.0 1 3330 STATE ASSEMBLY 73RD DISTRICT - REPUBLICAN Number of Precincts Precincts Reporting Vote For • Total Votes REP Total 87 87 100.0 % 1 10898 MIMI WALTERS REP 10763 98.76% STATE ASSEMBLY LIB 73RD DISTRICT - LIBERTARIAN Total Number of Precincts 87 Precincts Reporting 87 100.0 % Vote For , 1 Total Votes 114 ANDREW H. FAVOR LIB 113 99.12% STATE ASSEMBLY REP 74TH DISTRICT - REPUBLICAN Total Number of Precincts 311 Precincts Reporting 311 100.0 % Vote For 1 Total Votes 43996 MARTIN GARRICK REP 18759 42.64% MARIE WALDRON REP 14138 32.13% SCOTT D. PACKARD REP 10965 24.92% `iu f$ta . 5 Ydu'f ra a - LM. v` Y z,,a aitomi°n, .. STATE ASSEMBLY DEM 74TH DISTRICT - DEMOCRATIC Total Number of Precincts 311 Precincts Reporting 311 100.0 % .n Vote For 1 Total Votes 23519 ROXANA FOLESCU DEM 23161 - 98.48% STATE ASSEMBLY 75TH DISTRICT - REPUBLICAN Number of Precincts Precincts Reporting Vote For Total Votes REP Total 342 342 1 38190 100.0 % :r GEORGE A. PLESCIA REP 37876 99.18% ' . COUNTY OF SAN DIEGO PRIMARY ELECTION Tuesday, June 6, 2006 Official Results (San Diego Portion Only) Date:06/29/06 Time:12:32:11 Page:8 of 14 Registered Voters 1356018 - Cards Cast 505715 37.29% STATE ASSEMBLY 75TH DISTRICT - DEMOCRATIC Number of Precincts Precincts Reporting Vote For Total Votes DEM Total 342 342 1 23098 100.0 % SCOTT MEYER DEM 22823 98,81% STATE ASSEMBLY 75TH DISTRICT - LIBERTARIAN Number of Precincts Precincts Reporting Vote For Total Votes LIB Total 342 342 100.0 % 378 EDWARD M. TEYSSIER LIB 371 98.15% STATE ASSEMBLY 76TH DISTRICT - REPUBLICAN Number of Precincts Precincts Reporting Vote For Total Votes REP Total 294 294 1 20714 100.0 RALPH DENNEY JEFFREY H. PERWIN REP 11613 REP 8897 56.06% 42.95% STATE ASSEMBLY DEM 76TH DISTRICT - DEMOCRATIC Total Number of Precincts 294 Precincts Reporting Vote For Total Votes 294 100.0 % 1 32794 LORI R..SALDANA DEM 32419 98.86% STATE ASSEMBLY 77TH DISTRICT - REPUBLICAN Number of Precincts Precincts Reporting Vote For Total Votes REP Total 316 316 100.0 %* 39087 JOEL ANDERSON JACK DALE DEBBIE MILLER BEYER NANCY BEECHAM WILLIAM JENKIN REP REP REP REP REP. 12433 11575 7163 4278 3516 1 31.81% 29.61% 18.33% 10.94% 9.00% STATE ASSEMBLY 77TH DISTRICT - DEMOCRATIC Number of Precincts Precincts Reporting Vote For Total Votes DEM Total 316 316 100.0 % 1 19521 CHRISTOPHER LARKIN DEM 19097 97.83% Num. Report Precinct 1903 - Num. Reporting 1903 100.00% STATE ASSEMBLY 77TH DISTRICT - LIBERTARIAN Number of Precincts Precincts Reporting Vote For Total Votes LIB Total 316 316 I00.0 1 325 RICH BELITZ LIB 308 94.77% STATE ASSEMBLY 78TH DISTRICT - REPUBLICAN Number of Precincts Precincts Reporting Vote For Total Votes SHIRLEY HORTON REP Total 309 309 100.0 % I 23644 REP 23320 98.63% STATE ASSEMBLY DEM 78TH DISTRICT - DEMOCRATIC Total Number of Precincts Precincts Reporting Vote For Total Votes 309 309 100.0 % 1 27573 MAXINE SHERARD DEM 15876 57.58% GEORGE GASTIL DEM 11437 41.48% STATE ASSEMBLY 78TH DISTRICT - LIBERTARIAN Number of Precincts Precincts Reporting Vote For Total Votes LIB Total 309 309 100.0 % I 216 GEOF GIBSON LIB 212 98.15% STATE ASSEMBLY 79TH DISTRICT - REPUBLICAN Number of Precincts Precincts Reporting Vote For Total Votes REP Total 183 183 1 11439 100.0 % JEAN ROESCH REP 11112 97.14% STATE ASSEMBLY DEM 79TH DISTRICT - DEMOCRATIC Total Number of Precincts 183 Precincts Reporting 183 100.0 %" Vote For 1 Total Votes 23854 MARY SALAS DEM 14992 62.85% GREG R. SANDOVAL DEM 6388 26.78% JESSE ALBRITTEN DEM 2367 9.92% r COUNTY OF SAN DIEGO PRIMARY ELECTION Tuesday, June 6, 2006 Official Results (San Diego Portion Only) Date:06/29/06 Time:12:3 2:11 Page:9 of 14 Registered Voters 1356018 - Cards Cast 505715 37.29% REP CENTRAL COMMITTEE REP 66TH ASSEMBLY DIST. Total Number of Precincts 61 Precincts Reporting 61 100.0 % Vote For 6 Total Votes 36753 STELLA V. YOUNG REP 5553 CLAIRE PLOTNER REP 4698 JUDITH L. DOMERCQ REP 4593 LAURA SUMRALL REP 4382 KEITH BATTLE REP 3814 JONATHAN E. BUETTNER REP 3799 STEPHEN J. PUETZ REP 3519 LORRAINE RUTHERFURD REP 3176 R. "JOSH" ENGELHARDT REP 3094 15.11% 12.78% 12.50% 11.92% 10.38% 10.34% 9.57% 8.64% 8.42% DEM CENTRAL COMMITTEE 74TH ASSEMBLY DIST. Number of Precincts Precincts Reporting Vote For Total Votes DEM Total 311 311 6 77136 100.0 % POPPY DENNIS SEENA SEWARD DOUGLAS HUNTER XAVIER MARTTNEZ DALE E. ORDAS WAYNE SEWARD RICHARD BOVA BRIAN VAN RIPER DEM DEM DEM DEM DEM DEM DEM DEM 11412 10730 10327 10067 9807 8987 8709 6653 14.79% 13.91 % 13.39% 13.05% 12.71% 11.65% 11.29% 8.63% REP CENTRAL COMMITTEE 74TH ASSEMBLY DIST. Number of Precincts Precincts Reporting Vote For Total Votes SHERRY HODGES JACOB GARRETT MARYROSE CONSIGLIO THOMAS J. SHERMAN LINDA L. DEALY MARY HUMPHREY MATTHEW DOBLER ROBERT M. KOVALSKY REP REP REP REP REP REP REP REP REP Total 311 311 6 134472 19637 19497 18548 17141 16129 14965 14871 12970 100.0 % 14.60% 14.50% 13.79% 12.75% 11.99% 11.13%1 11.06% 9.65% Num. Report Precinct 1903 - Num. Reporting 1903 100.00% DEM CENTRAL COMMITTEE 75TH ASSEMBLY DIST. Number of Precincts Precincts Reporting Vote For Total Votes DEM Total 342 342 100.0 % 6 78530 PHYLLIS MC GRATH MARY C.-HEISING DEREK CASADY MARTHA SULLIVAN ROBERT COHN ALAN WONG MATT 0 CONNOR PETE BABICH JOHN L. RAMIREZ GERRYSENDA DEL STEWART SAL MAGALLANEZ DEM DEM DEM DEM DEM DEM DEM DEM DEM DEM DEM DEM 10512 10460 8935 8457 6360 6133 5996 5673 4461 4446 3486 3218 13.39% 13.32% 11.38% 10.77% 8.10% 7.81% 7.64% 7.22% 5.68% 5.66% 4.44% 4.10% REP CENTRAL COMMITTEE 75TH ASSEMBLY DIST. Number of Precincts Precincts Reporting Vote For Total Votes REP Total 342 342 100.0 % 6 142336 TONY P. KRVARIC DARLENE HANSEN BRANDON WATERS CHRIS NIEMEYER MICHAEL M. ROSEN ANTHONY PORRELLO JOAN GARDNER CORINNE FLEMING FRANK KACER DONALD K. JERNIGAN REP REP REP REP REP REP REP REP REP REP 21177 18282 17774 14366 13953 13085 12581 11528 10985 8115 14.88% 12.84% 12.49% 10.09% 9.80% 9.19% 8.84% 8.10% 7.72% 5.70% COUNTY OF SAN DIEGO PRIMARY ELECTION Tuesday, June 6, 2006 Official Results (San Diego Portion Only) Date:06/29/06 Time:12:32:11 Page:10 of 14 Registered Voters 1356018 - Cards Cast 505715 37.29% DEM CENTRAL COMMITTEE 76TH ASSEMBLY DIST. Number of Precincts Precincts Reporting Vote For Total Votes DEM Total 294 294 6 107689 100.0 % GLORIA JOHNSON NANCY E. MILLER JANET M. MEREDITH JESSE DURFEE BILL IRVINE PEPE CERVANTES KAREN GOYETTE KEVIN E. DAVIS ELEANOR A. MANG DANIEL SMIECHOWSKI KENNAN KAEDER FRED ROGERS JOHN HARTLEY PATRICK FINUCANE NEWT FERRIS DAVID GERSZ MATHEW KOSTRINSKY DEM DEM DEM DEM DEM DEM DEM DEM DEM DEM DEM DEM DEM DEM DEM DEM DEM 12623 10664 8243 7996 7920 7468 6436 6206 5795 5086 4912 4855 4584 4317 4229 3138 2691 11.72% 9.90% 7.65% 7.43% 7.35% 6.93% 5.98% 5.76% 5.38% 4.72% 4.56% 4.51 % 4.26% 4.01% 3.93% 2.91% 2.50% REP CENTRAL COMMITTEE 76TH ASSEMBLY DIST. Number of Precincts Precincts Reporting Vote For Total Votes REP Total 294 294 6 88476 Num. Report Precinct 1903 - Num. Reporting 1903 100.00% DEM CENTRAL COMMITTEE 77TH ASSEMBLY DIST. Number of Precincts Precincts Reporting Vote For Total Votes DEM Total 316 316 100.0 % 6 69676 MIRIAM PLOTKIN MARILYN R. RILEY LAWRENCE D. SWEET MIKE LAWRENCE MIRIAM G. RAFTERY JOSAN FEATHERS GREGG A. ROSNER JUAN A, GALLEGOS LEON THOMPSON DEM DEM DEM DEM DEM DEM DEM DEM DEM 9269 9160 8328 8219 7896 7529 7356 6651 4531 13.30% 13.15% 11.95% 11.80% 11.33% 10.81% 10.56% 9.55% 6.50% REP CENTRAL COMMI 1 1 bE 77TH ASSEMBLY DIST. Number of Precincts Precincts Reporting Vote For Total Votes REP Total 316 316 100.0 % 6 142300 RON NEHRING REP 20805 14.62% BILL BABER REP 19902 13.99% JIM KELLY REP 18000 12.65% GARY KENDRICK REP 17710 12.45% DAYNA HYDRICK REP 13663 9.60% 100.0 % ARKAN SOMO REP 9745 6.85% BOB WELLER REP 9517 6.69% GARY B. MYERS • REP 8406 5.91% tt 12.79% m JAMES I. MC MILLAN REP 6717 4.72% 10.02% CHARLES STOUT REP 6111 4.29% 8.75% SHAWN A. MC MILLAN REP 5971 4.20% 8.49% t EMAD BAKEER REP 5177 3.64% 95% M;rarkIlrrgs ,Vsruu,rt;ia; s" TRICIA HUNTER REP 11312 LORIE ZAPF REP 8865 SEAN HOFFMAN REP 7743 DAVID A. KING REP 7516 MARC P. SCHAEFER REP 7035 JOHN WOODRUM REP 6872 7.77% g JANELLE A. RIELLA REP 6720 7.60% t JEFFREY H. PERWIN REP 5301 5.99% Iii BETTYANN CHAMBERS REP 5080 5.74%0 BILL DANIEL REP 5061 5.72% JIM LOWDER REP 4739 5.36% CHRIS GALLUP REP 4252 4.81% PHYLLIS C. LITTLETON REP 3938 4.45% CAROLYN JARNAGIN REP 3633 4 11%, 7 .... ,,a ». Aeatzl....:As.<ns"'ratz. Ck'e'�::'�5.� iia:F.:n..,i ` ate . ra`* tz:::: DEM CENTRAL COMMITTEE 78TH ASSEMBLY DIST. Number of Precincts Precincts Reporting Vote For Total Votes DEM Total 309 309 100.0 % 6 89735 BONNY LUNDBERG SONIA DIAZ PAT WASHINGTON NORBERTO P. SALAZAR JERI DILNO J. ERIC HEREFOR.D EDWARD G. LEHMAN LINDA K. ARMACOST MICHAEL THALLER DEM 12505 13.94% DEM 11783 13.13% DEM 10537 11.74% DEM 10186 11.35% DEM 9935 11.07% DEM 9648 10.75% DEM 9569 10.66% DEM 9451 10.53% DEM 5618 6.26% COUNTY OF SAN DIEGO PRIMARY ELECTION Tuesday, June 6, 2006 Official Results (San Diego Portion Only) Date:06/29/06 Time:12:32:11 Page:11 of 14 1 Registered Voters 1356018 - Cards Cast 505715 37.29% REP CENTRAL COMMITTEE 78TH ASSEMBLY DIST. Number of Precincts Precincts Reporting Vote For Total Votes REP Total 309 309 6 87800 MICHAEL MC SWEENEY MATTHEW J. ADAMS MARK RAWLINS AUTUMN M. FRANK G. MICHAEL GERMAN WARENE WALL MICHELE NASH-HOFF REP REP REP REP REP REP REP 15455 15141 13102 12365 12358 10659 8238 17.60% 17.24% 14.92% 14.08% 14.08% 12.14% 9.38% DEM CENTRAL COMMITTEE 79TH ASSEMBLY DIST. Number of Precincts Precincts Reporting Vote For Total Votes DEM Total 183 183 6 61229 100.0 % DAVID ALVAREZ JOSE PRECIADO CLAUDIA SATRIANO ALBERTO VELASQUEZ KELLY KING B. D. HOWARD MICHELLE KRUG DEM DEM DEM DEM DEM DEM DEM 10208 9849 9477 8698 8557 7635 6491 16.67% 16.09% 15.48% 14.21% 13.98% 12.47% 10.60% SUPERIOR COURT - Office No. 16 Number of Precincts Precincts Reporting Vote For Total Votes Total 1903 1903 1 377918 100.0 % RANDA TRAPP 280888 74.33% JAMES V. HAIRGROVE 95599 25.30% Mmk.N.'N.4<^.e.d4b'g+(W;K`vslfAi'�w.'¢a,."'tew;9 SUPERIOR COURT - Office No. 36 Total Number of Precincts 1903 Precincts Reporting 1903 100.0 % Vote For 1 Total Votes 375999 ROD SHELTON 164565 43.77% z-.' LARRY "JAKE" KINCAID 106611 28.35%'P`, LISA M. LAQUA 62118 16.52% CARLA NASOFF 41487 11.03% J` Num. Report Precinct.1903 - Num. Reporting 1903 100.00% SUPERIOR COURT - Office No. 49 Number of Precincts Precincts Reporting Vote For Total Votes Total 1903 1903 100.0 % 1 416052 DAVID RUBIN PAUL J. PFINGST 212891 51.17% 201981 48.55% STATE SUPT. OF PUBLIC• INSTRUCTION Number of Precincts Precincts Reporting Vote For Total Votes Total 1903 1903 100.0 % 1 359556 JACK 0 CONNELL SARAH L. KNOPP DIANE A. LENNTNG DANIEL L. BUNTING GRANT MC MICKEN 165199 66965 59092 38364 28652 45.95% 18.62% 16.43% 10.67% 7.97% COUNTY BOARD OF EDUCATION 3RD DISTRICT Number of Precincts Precincts Reporting Vote For Total Votes Total 392 392 100.0 % 1 67366 SHARON JONES RICK WINET 39704 58.94% 27383. 40.65% COUNTY BOARD OF EDUCATION 5TH DISTRICT Number of Precincts Precincts Reporting Vote For Total Votes Total 409 409 100.0 % 1 92312 SUSAN HARTLEY GARY FELIEN 64305 27800 69.66% 30.12% SAN DIEGO COMMUNITY COLLEGE DISTRICT A Number of Precincts Precincts Reporting Vote For Total Votes Total 159 159 100.0 % 1 29642 MARIA NIETO SENOUR DANIEL SMIECHOWSKI 20982 70.78% 8515 28.73% "' COUNTY OF SAN DIEGO PRIMARY ELECTION Tuesday, June 6, 2006 Official Results (San Diego Portion Only) Date:06/29/06 Time:12:32:11 Page:12 of 14 Registered Voters 1356018 - Cards Cast 505715 37.29% SAN DIEGO COMMUNITY COLLEGE DISTRICT C Number of Precincts Precincts Reporting Vote For Total Votes Total 142 142 100.0 % 1 25425 RICH GROSCH ANDY HOLLINGWORTH ADAM VAN SUSTEREN 16914 66.53% 6118 24.06% 2308 9.08% SAN DIEGO COMMUNITY COLLEGE DISTRICT E Number of Precincts Precincts Reporting Vote For Total Votes Total 87 87 100.0 % 1 11249 PETER ZSCHIESCHE 11108 98.75% stitawainsioata SAN DIEGO UNIFIED SCHOOL DISTRICT B Number of Precincts Precincts Reporting Vote For Total Votes Total 174 174 100.0 % 1 32093 KATHERINE NAKAMURA MICHAEL MC SWEENEY JIM WILSON MARTIN MARCUS 12685 10720 5970 2655 39.53% 33.40% 18.60% 8.27% YE..°r�`.v%nook'.e.��.�.:�`her..��:i?�'::zia.os.:nL`Cvi:-,":'� zs3,u•�.s,��.aral=a .�.v`'.�S�k..!� �0.'23.1eY.:�.,:� SAN DIEGO UNIFIED SCHOOL DISTRICT C Number of Precincts Precincts Reporting Vote For Total Votes Total 158 158 100.0 % 1 27236 JOHN DE BECK 26780 98.33% .v3J»a.m`stlSF t `3;..� 3P s`a:'+' ' `%.°s'.n`.°' ?EAWA2 BOARD OF SUPERVISORS DISTRICT NO. 4 Number of Precincts Precincts Reporting Vote For Total Votes Total 375 375 1 76041 100.0 % RON ROBERTS RICHARD A. BARRERA JAMES BYRON HART 45895 21891 8041 60.36% t 28.79%; 10.57% „. Num. Report Precinct 1903 - Num. Reporting 1903 100.00% BOARD OF SUPERVISORS DISTRICT NO. 5 Number of Precincts Precincts Reporting Vote For Total Votes BILL HORN BRUCE THOMPSON Total 371 371 100.0 % 1 96445 50709 52.58% 45368 47.04% ASSESSOR/RECORDER/CLERK Number of Precincts Precincts Reporting Vote For Total Votes Total 1903 1903 100.0 % 1 416108 GREGORY J. SMITH 370058 88.93% HOWARD JOHNSON 45299 10.89% DISTRICT ATTORNEY Number of Precincts Precincts Reporting Vote For Total 1903 1903 100.0 % 1 Total Votes 375944 BONNIE DUMANIS 370001 98.42% w �a+i"'o�`�`�A✓:..txrwa.$e..z: �,s.ab....�.`il'?...,aF stir„";,u`e�s.:i SHERIFF Number of Precincts Precincts Reporting Vote For Total Votes Total 1903 1903 100.0 % 1 435175 BILL KOLENDER BRUCE RUFF 302537 69.52% 131673 30.26% TREASUREPJTAX COLLECTOR Number of Precincts Precincts Reporting Vote For Total Votes Total 1903 1903 1 386205 100.0 % DAN MC ALLISTER 383783 99.37% CITY OF CHULA VISTA MAYOR Total Number of Precincts 108 Precincts Reporting 108 100.0 Vote For 1 II Total Votes 28122 CHERYL COX 11394 40.52% 4' STEVE PADILLA 8681 30.87% %' STEVE CASTANEDA 6978 24.81% ; RICARDO MACIAS 527 1.87% PETRA E. BARAJAS 478 1,70%„ ; COUNTY OF SAN DIEGO PRIMARY ELECTION Tuesday, June 6, 2006 Official Results (San Diego Portion Only) Date:06/2 9/06 Time:12: 3 2:11 Page:13 of 14 Registered Voters 1356018 - Cards Cast 505715 37.29% CITY OF CHULA VISTA CITY COUNCIL - SEAT NO. 1 Number of Precincts Precincts Reporting Vote For Total Votes Total 108 108 100.0 % 1 26891 RUDY RAMIREZ PATTY CHAVEZ RUSS HALL PAT MORIARTY JESSE NAVARRO 7812 7034 5775 3322 2893 29.05% 26.16% 21.48% 12.35% 10.76% CITY OF CHULA VISTA CITY COUNCIL - SEAT NO. 2 Number of Precincts Precincts Reporting Vote For Total Votes Total 108 108 100.0 % 1 24008 JOHN MC CANN 23676 98.62% CITY OF LEMON GROVE CITY COUNCIL Number of Precincts Precincts Reporting Vote For Total Votes Total 14 14 100.0 % 2 5287 JERRYJONES JERRY SELBY DAVE GASS BRIAN KIMBALL 1636 1629 1049 954 30.94% 30.81% 19.84% 18.04% 5a+5kk51.5. o5.5.4Vai4e Asps .55 CITY OF SAN DIEGO CITY COUNCIL - DISTRICT NO. 2 Number of Precincts Precincts Reporting Vote For Total Votes Total 115 115 1 25202 100.0 %4 ax KEVIN FAULCONER 18097 71.81% KENNAN KAEDER 6920 r 27.46% ;t 'am- .�J"i.4m. .rYr ..':.`!!i*4.4.6,YCJ ',, ,,,'r..n-, r. CITY OF SAN DIEGO CITY COUNCIL - DISTRICT NO. 4 Total Number of Precincts 80 Precincts Reporting Vote For 80 1 100.0 % p. Total Votes 14270 TONY YOUNG 10275 72.00% BRUCE WILLIAMS 3947 27.66% `. Num. Report Precinct 1903 - Num Reporting 1903 100.00% CITY OF SAN DIEGO CITY COUNCIL - DISTRICT NO. 6 Number of Precincts Precincts Reporting Vote For Total Votes Total 114 114 100.0 % 1 28224 DONNA FRYE JUDY C. RIDDLE SANDY SUMMERS 18314 7926 1908 64.89% 28.08% 6.76% CITY OF SAN DIEGO CITY COUNCIL - DISTRICT NO, 8 Number of Precincts Precincts Reporting Vote For Total Votes BEN HUESO REMY BERMUDEZ TIM GOMEZ Total 61 61 100.0 % 1 11399 7994 2180 1161 70.13% 19.12% 10.19% PROP 81 - STATE Reading Irnprovement/Library Bond Number of Precincts Precincts Reporting Vote For Total Votes 472077 . NO 255731 54.17% YES 216346 45.83% :w'u'#:aA��'' �Raac�A`��&�,)"�`. Total 1903 1903 100.0 % PROP 82 - STATE Preschool Education Income Tax Number of Precincts Precincts Reporting Vote For Total Votes Total 1903 1903 100.0 % 480547 NO YES PROP A -CO OF S.D. Ch. Am. -'Clean up' Provisions Number of Precincts Precincts Reporting Vote For Total Votes 312607 65.05% 167940 34.95% Total 1903 1903 100.0 % 1 428539 YES NO 308954 72.09% 119585 27.91 % COUNTY OF SAN DIEGO PRIMARY ELECTION Tuesday, June 6, 2006 Official Results (San Diego Portion Only) Date:06/29/06 Time:12:32:11 Page:14 of 14 Registered Voters 1356018 - Cards Cast 505715 37.29% PROP B-CO OF S.D. Ch. Am. - Write-in' Provisions Number of Precincts Precincts Reporting Vote For Total Votes Total 1903 1903 100.0 % 1 437871 YES NO 241225 55.09% 196646 44.91% PROP C-CITY OF CHULA VISTA Ch. Am.- Em Domain Number of Precincts Precincts Reporting Vote For Total Votes Total 108 108 100.0 % 1 27392 YES NO 20216 73.80% 7176 26.20% PROP D-CITY OF NATIONAL CITY 1% Sales Tax Inc. Number of Precincts Precincts Reporting Vote For Total Votes Total 19 19 1 5072 100.0 % YES 2993 59.01% NO 2079 40.99% .'SY. "a wC. r. i,vogixEgiMU iii mw.iir-- ..2 .i,.w+X `i'.i±!iai,„22viG., PROP E-CITY OF SOLANA BEACH TOT inc. (Req 2/3) Total Number of Precincts 12 Precincts Reporting 12 100.0 % Vote For. I e Total Votes 3814 YES 2608 68.38% NO 1206 31.62% .. =a HPYe!.:. i% E.N3S"-aYtS`»R"....:6h.�..Ye.d?"yi`[�MIF vi$:n.. fu'+%e. i:�s ••• a •• aj X.,..A.. .' PROP F-TRI-CITY HEALTHCARE - Bond (Req 2/3) Number of Precincts Precincts Reporting Vote For Total Votes Total 173 173 100.0 % 1 54099 YES NO 35659 65.91% 18440 34.09% PROP G-GROSSMONT HEALTH -Bond (Req 2/3) Number of Precincts Precincts Reporting Vote For Total Votes Total 339 339 1 81454 100.0 % YES NO 63273 77.68%" 18181 22.32%' Num. Report Precinct 1903 - Num. Reporting 1903 100.00% PROP H-RANCHO SANTA FE SCH - Bond (Req 55%) Number of Precincts Precincts Reporting Vote For Total Votes Total 10 10 100.0 % 1 2925 YES NO 1506 51.49% 1419 48.51% COUNTY OF S A N D I E G O Date:06/29/06 PRIMARY ELECTION Time:13:27:51 Page:1 of 6 Tuesday, June 6, 2006 Official Canvass Results (San Diego Portion Only) - PROP D - NATIONAL CITY TURN OUT Reg. Voters Cards Cast Turnout Jurisdiction Wide 515600-NATIONAL CITY Polling • Absentee Total 515800-NATIONAL CITY Polling Absentee Total 515900-NATIONAL CITY Polling Absentee Total 516000-NATIONAL CITY Polling Absentee Total 516200-NATIONAL CITY Polling Absentee Total 516500-NATIONAL CITY Polling Absentee Total 516600-NATIONAL CITY Polling Absentee Total 516700-NATIONAL CITY Polling Absentee Total 516800-NATIONAL CITY Polling Absentee Total 517200-NATIONAL CITY Polling Absentee Total 517400-NATIONAL CITY Polling Absentee Total 517500-NATIONAL CITY Polling Absentee Total 517600-NATIONAL CITY Polling Absentee Total 517800-NATIONAL CITY Polling Absentee Total 518100-NATIONAL CITY Polling Absentee Total 572 572 154 26.92% 0 0.00% 572 154 26.92% 1058 1058 251 0 23.72% 0.00% 1058 251 23.72% 917 153 16.68% 917 0 0.00% 917 153 16.68% 943 208 22.06% 943 0 0.00% 943 208 22.06% 622 163 26.21% 622 0 0.00% 622 163 26.21% 795 795 171 0 21.51% 0.00% 795 171 21.51% 624 89 14.26% 624 0 0.00% 624 89 14.26% 1117 222 19.87% 1117 0 0.00% 1117 222 19.87% 749 749 176 23.50% 0 0.00% 749 176 23.50% 720 139 19.31% 720 0 0.00% 720 139 19.31% 902 902 203 22.51% 0 0.00% 902 203 22.51% 675 110 16.30% 675 0 0.00% 675 110 16.30% 914 223 24.40% 914 0 0.00% 914 223 24.40% 1021 137 18.32% 1021 0 0.00% 1021 187 18.32% 899 213 23.69% 399 0 0.00% 899 213 23.69% COUNTY OF SAN DIEGO PRIMARY ELECTION Tuesday, June 6, 2006 Official Canvass Results (San Diego Portion Only) - PROP D - NATIONAL CITY Date:06/29/06 Time:13:27.51 Page:2 of 6 Reg. Voters TURN OUT Cards Cast Turnout 518310-NATIONAL CITY Polling Absentee Total 518600-NATIONAL CITY Polling Absentee Total 518800-NATIONAL CITY Polling Absentee Total 999254-NATIONAL CITY -ABSENTEE Polling Absentee Total Total Polling Absentee Total CONGRESSIONAL DISTS 2001 5IST CONGRESSIONAL DIST Polling Absentee Total Total Polling Absentee Total STATE BOARD OF EQUALIZATION 3RD BD OF EQUAL DIST Polling Absentee Total Total Polling Absentee Total STATE SENATORIAL DISTS 2001 40TH SENATORIAL DIST Polling Absentee Total Total Polling Absentee Total STATE ASSEMBLY DIST'S 2001 79TH ASSEMBLY DIST Polling Absentee Total Total Polling Absentee Total 1187 1187 1187 211 17.78% 0 0.00% 211 17.78% 733 143 19.51% 733 • 0 0.00% 733 143 19.51% 810 810 140 17.28% 0 0.00% 810 140 17.28% 179 0 0.00% 179 21061176.54% 179 21061176.54% 15437 3156 20.44% 15437 2106 13.64% 15437 5262 34.09% 15437 3156 20.44% 15437 2106 13.64% 15437 5262 34.09% 15437 3156 20.44% 15437 2106 13.64% 15437 5262 34.09% 15437 3156 20.44% 15437 2106 13.64% 15437 5262 34.09% 15437 3156 20.44% 15437 2106 13.64% 15437 5262 34.09% 15437 3156 20.44% 15437 2106 13.64% 15437 5262 34.09% 15437 3156 20.44% 15437 2106 13.64% 15437 5262 34.09% 15437 15437 3156 20.44% 2106 13.64% 15437 5262 34.09% 15437 3156 20 44% 15437 2106 13.64% 15437 5262 34.09% COUNTY OF S A N D I E G O Date:06/29/06 PRIMARY ELECTION Time:13 :27:51 Page:3 of6 Tuesday, June 6, 2006 Official Canvass Results (San Diego Portion Only) - PROP D - NATIONAL CITY TURN OUT Reg. Voters Cards Cast Turnout SUPERVISORIAL DISTRICTS 2001 1ST. SUPERVISORIAL DIST Polling Absentee Total Total Polling Absentee Total INCORP CITIES - OVERALL, NATIONAL CITY 515500-518990 Polling Absentee Total Total Polling Absentee Total NCORP CITY COUNCIL DISTS 2001 No Matching District Polling Absentee Total Total Polling Absentee Total 15437 3156 -20.44% 15437 2106 13.64% 15437 5262 34.09% 15437 3156 20.44% 15437 2106 13.64% 15437 5262 34.09% 15437 3156 20.44% 15437 2106 13.64% 15437 5262 34.09% 15437 3156 20.44% 15437 2106 13.64% 15437 5262 34.09% 15437 3156 20.44% 15437 2106 13.64% 15437 5262 34.09% 15437 3156 20.44% 15437 2106 13.64% 15437 5262 34.09% COUNTY OF S A N D I E G O Date:06/29/06 PRIMARY ELECTION Time:13:27:51 Page:4 of 6 Tuesday, June 6, 2006 Official Canvass Results (San Diego Portion Only) - PROP D - NATIONAL CITY Reg. Voters PROP D-CITY OF NATIONAL CITY I % Sales Tax Inc. Vote For Total Votes YES NO Jurisdiction Wide 515600-NATIONAL CITY Polling Absentee Total 515800-NATIONAL CITY Polling Absentee Total 515900-NATIONAL CITY Polling Absentee Total 516000-NATIONAL CITY Polling Absentee Total 516200-NATIONAL CITY Polling Absentee Total 516500-NATIONAL CITY Polling Absentee Total 516600-NATIONAL CITY Polling Absentee Total 516700-NATIONAL CITY Polling Absentee Total 516800-NATIONAL CITY Polling Absentee Total 517200-NATIONAL CITY Polling Absentee Total 517400-NATIONAL CITY Polling Absentee Total 517500-NATIONAL CITY Polling Absentee Total 517600-NATIONAL CITY Polling Absentee Total 517800-NATIONAL CITY Polling Absentee Total 518100-NATIONAL CITY Polling Absentee Total 572 1 147 78 53.06% 69 46.94% 572 1 0 0 - 0 - 572 2 147 78 53.06% 69 46.94% 1058 1 237 148 62.45% 1058 1 0 0 - 89 37.55% 0 1058 2 237 148 62.45% 89 37.55% 917 1 147 97 65.99% 917 1 0 0 - 50 34.01% 0 917 2 147 97 65.99% 50 34.01 % 943 1 201 109" 54.23% 92 45.77% 943 1 0 0 0 - 943 2 201 109 54.23% 92 45.77% 622 1 159 622 1 0 77 48.43% .0 82 51.57% 0 - 622 2 159 77 48.43% 82 51.57% 795 795 167 80 47.90% 87 52.10% 0 0 - 0 - 795 2 167 80 47.90% 624 1 85 60 70.59% 624 I 0 0 - 87 52.10% 25 29.41% 0 - 624 2 85 60 70.59% 25 29.41 % 1117 1 209 141 67.46% 68 32.54% I117 1 0 0 - 0 - 1117 2 209 141 67.46% 68 32.54% 749 749 164 109 66.46% 55 33.54% 0 0 - 0 - 749 2 164 109 66.46% 55 33.54% 720 720 130 92 70.77% 38 29.23% 0 0 - 0 - 720 2 130 92 70.77% 38 29.23% 902 902 196 106 54.08% 90 45.92% 0 0 - 0 902 2 196 106 54.08% 90 45.92% 675 675 105 58 55.24% 47 44.76% 0 0 - 0 - 675 2 105 58 55.24% 47 44.76% 914 914 914 1021 1021 201 133 66.17% 68 33.83% 0 0 - 0 - 201 133 66.17% 68 33.83'Go 182 137 75.27% 45 24.73% 0 0 - 0 - 1021 2 182 137 75.27% 45 24.73% 399 1 207 102 4923% 105 50.72°G% 899 1 0 0 - 0 899 2 207 102 49.28% 105 50.72% COUNTY OF S A N D I E G O Date:06/29/06 PRIMARY ELECTION Time:13:27:51 Page:5 of 6 Tuesday, June 6, 2006 Official Canvass Results (San Diego Portion Only) - PROP D - NATIONAL CITY PROP D-CITY OF NATIONAL CITY I% Sales Tax Inc. Reg. Voters Vote For Total Votes YES NO 518310-NATIONAL CITY Polling Absentee Total 518600-NATIONAL CITY Polling Absentee Total 518800-NATIONAL CITY Polling Absentee Total 999254-NATIONAL CITY -ABSENTEE Polling Absentee Total Total Polling Absentee Total 1187 1 202 97 48.02% 105 51.98% 1187 1 0 0 - 0 - 1187 2 202 97 48.02% 105 51.98% 733 1 133 80 60.15% 53 39.85% 733 1 0 0 - 0 - CONGRESSIONAL DISTS 2001 51 ST CONGRESSIONAL DIST Polling Absentee Total Total Polling Absentee Total 733 2 133 80 60.15% 53 39.85% 810 1 131 74 56.49% 57 43.51% 810 1 0 0 - 0 - 810 2 131 74 56.49% 57 43.51% 179 1 0 0 - 0 179 1 2069 1215 58.72% 854 41.28% 179 2 2069 1215 58.72% 854 41.28% 15437 19 3003 1778 59.21% 1225 40.79% 15437 19 2069 1215 58.72% 854 41.28% 15437 38 5072 2993 59.01% 2079 40.99% 15437 19 3003 1778 59.21% 1225 40.79% 15437 19 2069 1215 58.72% 854 41.28% STATE BOARD OF EQUALIZATION 3RD BD OF EQUAL DIST Polling Absentee Total Total Polling Absentee Total 15437 38 5072 2993 59.01% 2079 40.99% 15437 19 3003 1778 59.21% 1225 40.79% 15437 19 2069 1215 58.72% 854 41.28% 15437 38 5072 2993 59.01% 2079 40.99% 15437 19 3003 1778 59.21% 1225 40.79% 15437 19 2069 1215 58.72% 854 41.28% STATE SENATORIAL DISTS 2001 40TH SENATORIAL DIST Polling Absentee Total Total Polling Absentee Total STATE ASSEMBLY DISTS 2001 79TH ASSEMBLY DIST Polling Absentee Total Total Polling Absentee Total 15437 38 5072 2993 59.01% 2079 40.99% 15437 19 3003 1778 59.21% 1225 40-79°/ 15437 19 2069 1215 58.72% 854 41.28% 15437 38 5072 2993 59.01% 2079 40.99% 15437 19 3003 1778 59.21% 1225 40.79% 15437 19 2069 1215 58.72% 854 41.28% 15437 38 5072 2993 59.01% 2079 40.99% 15437 19 3003 1778 59.21% 1225 40.79% 15437 19 2069 1215 58.72% 854 41.28% 15437 38 5072 2993 59.01% 2079 40.99% 15437 19 3003 1778 59.21% 1225 40.79'/ 15437 19 2069 1215 58.72% 854 41.28% 15437 38 5072 2993 59.01% 2079 4099% 15437 19 3003 1778 59.21% 1225 40.79% 15437 19 2069 1215 58.72% 854 41.28°1, 15437 38 5072 2993 59.01% 2079 40.99% COUNTY OF SAN DIEGO Date:06/29/06 PRIMARY ELECTION Time:13:27:51 Page: 6 of 6 Tuesday, June 6, 2006 Official Canvass Results (San Diego Portion Only) - PROP D - NATIONAL CITY PROP D-CITY OF NATIONAL CITY 1 % Sales Tax Inc. Reg. Voters Vote For 1 Total Votes YES NO SUPERVISORIAL DISTRICTS 2001 1ST SUPERVISORIAL DIST Polling Absentee Total Total Polling Absentee Total INCORP CITIES - OVERALL NATIONAL CITY 515500-518990 Polling Absentee Total Total Polling Absentee Total INCORP CITY COUNCIL DISTS 2001 No Matching District Polling Absentee Total Total Polling Absentee Total 15437 19 3003 1778 59.21% 1225 40.79% 15437 19 2069 1215 58.72% 854 41.28% 15437 38 5072 2993 59.01% 2079 40.99%0 15437 19 3003 1778 59.21% 1225 40.79% 15437 19 2069 1215 58.72% 854 41.28% 15437 38 5072 2993 59.01% 2079 40.99%0 15437 19 3003 1778 59.21% 1225 40.79% 15437 19 2069 1215 58.72% 854 41.28% 15437 38 5072 2993 '59.01% 2079 40.99% 15437 19 3003 1778 59.21% 1225 40.79% 15437 19 2069 1215 58.72% 854 41.28% 15437 38 5072 2993 59.01% 2079 40.99% 15437 19 3003 1778 59.21% 1225 40.79% 15437 19 2069 1215 58.72% 854 41.28% 15437 38 5072 2993 59.01% 2079 40.99% 15437 19 3003 1778 59.21% 1225 40.79% 15437 19 2069 1215 58.72% 854 41.28% 15437 38 5072 2993 59.01% 2079 40.99% City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 18, 2006 AGENDA ITEM NO. 4 ITEM TITLE Resolution of the City Council authorizing the Mayor to execute a Mills Act Historic Preservation Contract for 910 A Avenue. (Applicant: Janice Martinelli) (Case File M-2006-1) PREPARED BY (A41., DEPARTMENT Michael Fellows Planning EXPLANATION In May of 2002, the City Council authorized a Mills Act program for historic properties identified on the City's "List of Identififed Historic Sites in National City." The property owner of 910 A Avenue in historic Brick Row, is requesting a Mills Act contract. To date, nine properties have been included in the program. This request is one of two Mills Act proposals on tonight's agenda. Mills Act contracts are historic preservation tools which allow property tax savings for an owner in exchange for a commitment to maintain and/or restore the historic structure. This property is eligible since it is on the City's list as well as the National Register. The owner proposes to maintain the structure as required by the contract, including restoration activities as described in Exhibit A of the contract. The County Assessor's Office estimates that there will be a tax reduction of roughly 66%, or $3,433 annually based on the current value. As this is entirely tax increment, it will result in no reduction of City revenue, and a reduction of approximately $3,433 annually to the Community Development Commission. The contract is valid for 10 years, and automatically extends for one year on the anniversary date. The City may cancel the contract if it is breached, or opt not to renew it if proper notice is provided. The property will be inspected annually to ensure that the structure is being maintained. Environmental Review N/A Exempt Financial Statement Approved B : This action will result in no reduction of City revenue, and a reduction of prop y t revenue of approximately $3,433 annually to the Community Development Commission. Account No. N%A Financ Directo STAFF RECOMMENDATION Adopt the Resolution Rce BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Location Map 3. Contract 4. Application (including Exhibit A) 5. Notice of Exemption 6. List of Current Mills Act Properties Resolution No. A-200 (9/99) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MILLS ACT CONTRACT FOR 910 "A" AVENUE APPLICANT: JANICE MARTINELLI CASE FILE NO. M-2006-1 BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a Mills Act Contract for 910 "A" Avenue. Said contract is on file in the Office of the City Clerk. PASSED and ADOPTED this 18th day of July, 2006. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney PROJECT LOCATION ZONE BOUNDARY LOCATION MAP Mills Act Contract for 910 A Avenue at Brick Row M-2006-1 NATIONAL CITY PLANNING DRN. DATE: 6/14/06 INITIAL HEARING: 7/18/06 Recording Requested by and When Recorded Please Mail to: Michael R. Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 APN(s): 556-471-07 Above Space for Recorder's Use Only. MILLS ACT CONTRACT For property located at 910 A Avenue THIS CONTRACT is entered into by and between THE CITY OF NATIONAL CITY, a municipal corporation ("CITY") and Janice Martinelli ("OWNER"). RECITALS WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills Act, authorizes cities to enter into contracts with the owners of qualified historic properties to provide for the use, maintenance, and restoration of such historic properties so as to retain their characteristics as properties of historic significance. WHEREAS, Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, Assessor's Parcel No.556-471-07, and located at the street address 910 A Avenue, National City, California, (the "Historic Site"). WHEREAS, the National City Council has designated the above property as a Historic Site and it is so listed and currently eligible for listing in the "List of Identified Historic Sites in National City". WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this Contract both to protect and preserve the characteristics of historic significance of the Historic Site and to qualify the Historic Site for an assessment of valuation pursuant to the provisions of Article 1.9 (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code, and of Article 12 (commencing with Section 50280) of Chapter 1 of Part 1 of Division 1 of the California Government Code (and as amended from time to time). NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner agree as follows: 1. Compliance with Council Policy. Owner shall comply with City Council Resolution No. 2002-67 incorporated herein by this reference. 2. Eligibility. To be eligible for this Contract, the Historic Site shall be listed and shall be currently eligible for listing in the "List of Identified Historic Sites in National City." 3. Standards for Historic Site. During the term of this Contract, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a. Owner shall preserve and maintain the Historic Site, and when necessary, restore and rehabilitate the Historic Site to conform to the rules and regulations of the Office of Historic Preservation of the Department of Parks and Recreation, the United States Secretary of the Interior's Standards for Rehabilitation, and the State Historical Building Code, as amended from time to time. Work shall be done in accordance with the attached schedule of potential home improvements drafted by the Owner (Attachment A). b. Owner shall maintain all buildings, structures, yards and other improvements in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; ii. Scrap lumber, junk, trash or debris; iii. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; iv. Stagnant water or excavations, including swimming pools or spas; v. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. c. Owner shall allow reasonable periodic examination of the interior and exterior of the Historic Site, by prior appointment, if a request is made by representatives of the City of National City Planning Department, the Community Development Commission of the City of National City, County Assessor, State Department of Parks and Recreation, or the State Board of Equalization, as may be necessary to deteimine Owner's compliance with the Contract. d. Owner shall allow visibility of the exterior of the structure from the public right- of-way. e. Should Owner apply to City for a permit for demolition, substantial exterior alteration or removal of the Historic Site, Owner shall attend and participate in a scheduled hearing regarding such application before the board or commission 2 Mills Act Contract 2002 3 designated by the City Council to oversee City's historic resources prior to the issuance of such permit, so long as such hearing is completed no longer than three (3) weeks after owner submits such application to City. f. Notwithstanding the foregoing subparagraph 2.e, should Owner apply to City for a permit for the demolition, substantial exterior alteration or removal of the Historic Site, Owner shall comply with all City and State of California environmental regulations, policies and requirements prior to City's issuance of the requested permit. 4, Information of Compliance. Owner hereby agrees to furnish City with any and all information requested by City which City deems necessary or advisable to determine compliance with the terms and provisions of this Contract. 5. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Contract if it determines that Owner has breached any of the conditions of this Contract or has allowed the property to deteriorate to the point that it no longer meets City's or the State's standards for a qualified historic property. In addition, City may cancel this Contract if it determines that Owner has failed to restore or rehabilitate the Historic Site in the manner specified in subparagraph 3(a) of this Contract, or has demolished, substantially altered, or removed the Historic Site. In the event of cancellation, Owner shall be subject to payment of those cancellation fees set forth in California Government Code Section 50280, et seq. 6. Enforcement of Contract. In lieu of and/or in addition to any provisions related to cancellation of the Contract as referenced herein, City may specifically enforce or enjoin the breach of the terms of this Contract. In the event of a default under the provisions of this Contract by Owner, City will give written notice to Owner by registered or certified mail addressed to the address stated in this Contract, and if such a violation is not corrected to the reasonable satisfaction of City within thirty (30) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Contract and may bring any action necessary to specifically enforce the obligations of Owner growing out of terms of this Contract, or may apply to any state or federal court for injunctive relief against any violation by Owner or may apply for such other relief as may be appropriate. City does not waive any claim of default by Owner if City does not enforce or cancel this Contract. All other remedies of law or in equity which are not otherwise provided for in this Contract or in City's regulations governing historic sites are available to City to pursue in the event there is a breach of this Contract. No waiver by City of any breach or default under this Contract shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding Effect of Contract. Owner hereby subjects the Historic Site to the covenants, reservations and restrictions as set forth in this Contract. City and Owner hereby declare !eir specific intent that the covenants, reservations, and restrictions as set forth herein 3 f Mills Act Contract 2002 shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Site. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Contract regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed, or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein, touch and concern the land, in that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the historic Site for the benefit of City, the public, and Owner. 8. Processing Fee. Owner shall pay to City a graduated processing fee of $100 per $100,000 of assessed value of the Historic Site, not to exceed $500, prorated to actual assessed value. 9. Effective Date and Term of Contract. This Contract shall be effective and commence on , 2006, and shall remain in effect for a term of ten (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 10 below. 10. Renewal. Each year on the anniversary of the effective date of this Contract (the "renewal date"), a year shall automatically be added to the initial term of this Contract unless notice of non -renewal is mailed as provided herein. If either Owner or City desires, in any year, not to renew this Contract, Owner or City shall serve written notice of non -renewal on the other party in advance of the annual renewal date of the Contract. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Contract as provided herein. Upon receipt by Owner of a notice of non -renewal from City, Owner may make a written protest of the notice. City may, at any time prior to the annual renewal date of the Contract, withdraw its notice of non -renewal. If either City or Owner serves notice to the other of non -renewal in any year, the Contract shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Contract, whichever may apply. 11. Notice. Any notice required to be given by the terms of this Contract shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by either party. 4 Mills Act Contract 2002 To City: City of National City Director of Planning 1243 National City Boulevard National City, CA 91950-4301 12. General Provisions. To Owner(s): Janice Martinelli 926 A Avenue National City, CA 91950 a. None of the terms, provisions, or conditions of this Contract shall be deemed to create a partnership between the parties and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner agrees to and shall hold City and its elected officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use of operations of Owner or those of his or her contractor, subcontractor agent, employee or other person acting on his or her behalf which relate to the use, operation, and maintenance of the Historic Site. Owner hereby agrees to and shall defend City and its elected officials, officers, agents, employees and volunteers with respect to any and all actions for damages caused by, or alleged to have been caused by, reasons of Owner's activities in connection with the Historic Site. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Contract regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Historic Site. c. All of the agreements, rights, covenants, reservations, and restrictions contained in this Contract shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Site, whether by operation of law or in any manner whatsoever. d. In the event that any of the provisions of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof shall not be effected thereby. e. This Contract shall not take effect unless and until Owner's signature is notarized by a notary public. Furthermore, if an agent or representative of Owner signs this Contract on behalf of Owner, the agent or representative must furnish proof to the satisfaction of City, that the agent or representative has authority to act on Owner's behalf. This Contract shall be construed and governed in accordance with the laws of the Mills Act Contract 2002 • g. State of California. Owner or an agent of Owner shall provide written notice of this Contract to the State Office of Historic Preservation within six (6) months of entering into the Contract. 13. Recordation. No later than twenty (20) days after the parties execute and enter into this Contract, City shall cause this Contract to be recorded in the office of the County Recorder of the County of San Diego. 14. Amendments. This Contract may be amended only by a written and recorded instrument executed by the parties hereto. CITY OF NATIONAL CITY Date: By: Nick Inzunza, Mayor Date: Attest: By: (Notarized Signature) By: Michael R. Dalla, City Clerk Title: OWNER(S) OF RECORD Date: (Jr Q - p (gyp Date: Date: Approved as to form: By: George H. Eiser, III City Attorney OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. 6 Mills Act Contract 2002 A4aci+mcnt 'A" MAINTENANCE RESTORATION PLAN 910 A Avenue National City, Calif 91950 General repair and upkeep of woodwork, paint and the exterior of the unit Maintain outside of structure as close as to the original as possible Keep roof in good repair Attract historic minded residents to Heritage Square Follow the general color scheme of exterior Keep yard free of debri and clutter CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �j.�Dt�-.'?.?J��alY3C �� �i Ti'�s��t T����.��2 'A�;�� �e.��t� F�ta>'rt��'.r'�.•s ��.:��!s�t���.�_'��:�� ��t�t �%� State of California County of ant, 2-00(4 before me 1._E(lt_sei can,c_t`. }ss. Date Name and Title of Officer (0.g., "Jane Doe, Notary Public") personally appeared-Setnnl..L— ( )Q-✓') n c.-1\1, Name(s) of Slgner(s) f personally known to me YJ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)dare subscribed to the within instrument and acknowledged to me that he/Qi /they executed the same in his/�je /their authorized capacity(ies), and that by hisQl/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand an official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Number of Pages: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnote y org RIGHT THUMBPRINT OF SIGNER Top of thumb here Prod. No. 5907 Renrder Call Toll -Free 1-800-876-6827 NATIONAL CITY, CALIFORNIA {/17Uunmm i tIVIA\ \. MILLS ACT CONTRACT APPLICATION File application with: National City Planning Department 1243 National City Boulevard National City, California 91950 (619)336-4310 Filing Fee $ 1"O(:).°° R Date Received t /16,Cie. B Make checks payable to the City of National City PROPERTY DESCRIPTION: Street Address: Assessors Parcel Number(s): 55 c,f2 (--rn 0-7 SUBMITTAL REQUIREMENTS: The following items are required to compete the application and must be included with this form: a. A general maintenance/restoration plan for the structure (any prior restoration activities may be included) b. A description of the structure and its historic value c. Photos of the structure d. Legal description of the property e. A copy of a deed verifying property ownership f. Processing fee of $100 per $100,000 of assessed value of the historic property, not to exceed $500, prorated to actual assessed value. PROPERTY OWNER INFORMATION: 7 Name: Address: 4 d CIA - Phone: 47l� Lk-7 7 \ \ < 111--1-6-ntS (-A Vt•operty owner's signatur ate: 1."`L /0 /g#ackm st AN MAINTENANCE RESTORATION PLAN 910 A Avenue National City, Calif 91950 General repair and upkeep of woodwork, paint and the exterior of the unit Maintain outside of structure as close as to the original as possible Keep roof in good repair Attract historic minded residents to Heritage Square Follow the general color scheme of exterior Keep yard free of debri and clutter City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: Case File No. M-2006-1 Project Location: 910 A Avenue, National City, CA 91950 Contact Person: Michael Fellows Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: The proposal would allow the City to enter into a Mills Act contract with the owner of 910 A Avenue, pursuant to State law. The contract provides for the maintenance, restoration, and rehabilitation of this property in Brick Row, a locally designated historical structure. Applicant Name and Address: Janice Martinelli 926 A Avenue National City, CA 91950 Exempt Status: Telephone Number: (619)477-1122 n Statutory Exemption. (State type and Section No., if applicable) ® Categorical Exemption. Class 31, Section 15331 (Historical Resource Restoration/Rehabilitation) ❑ Not a project as defined in Section 15378 of CEQA U Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: This project is intended to provide for the maintenance, restoration, and rehabilitation of an historic structure in compliance with standards developed by the Secretary of the Interior. The Mills Act program only affects existing structures and thus the project has no potential to create significant effects. Date: June 15,2006 Michael Fellows, Planning Technician et Recycled Paper NATIONAL CITY MILLS ACT CONTRACTS CASE FILE NO. ADDRESS: APPLICANT M-2002-1 3600 E. 8th Street Moncrieff Family Limited Partnership M-2002-2 926 A Avenue Janice Martinelli M-2002-3 1941 Highland Avenue Celia, Josefina Hernandez M-2003-1 916 A Avenue Jeannette Salazar M-2003-2 928 A Avenue Jeannette Salazar M-2003-3 1433 E. 20 Street Jim Ladd M-2003-4 45 East Plaza Blvd. Janice Martinelli M-2003-5 907 A Avenue Louise Branch M-2005-1 906 A Avenue Janice Martinelli /� City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 18, 2006 AGENDA ITEM NO. 5 / ITEM TITLE Resolution of the City Council authorizing the Mayor to execute a Mills Act Historic Preservation Contract for 934 A Avenue. (Applicant: Janice Martinelli) (Case File M-2006-2) PREPARED BY Mil- DEPARTMENT Michael Fellows Planning EXPLANATION In May of 2002, the City Council authorized a Mills Act program for historic properties identified on the City's "List of Identififed Historic Sites in National City." The property owner of 934 A Avenue, in historic Brick Row, is requesting a Mills Act contract. To date, nine properties have been included in the program. This request is one of two Mills Act proposals on tonight's agenda. Mills Act contracts are historic preservation tools which allow property tax savings for an owner in exchange for a commitment to maintain and/or restore the historic structure. This property is eligible since it is on the City's list as well as the National Register. The owner proposes to maintain the structure as required by the contract, including restoration activities as described in Exhibit A of the contract. The County Assessor's Office estimates that there will be a tax reduction of roughly 69%, or $3,639 annually based on the current value. As this is entirely tax increment, it will result in no reduction of City revenue, and a reduction of approximately $3,639 annually to the Community Development Commission. The contract is valid for 10 years, and automatically extends for one year on the anniversary date. The City may cancel the contract if it is breached, or opt not to renew it if proper notice is provided. The property will be inspected annually to ensure that the structure is being maintained. Environmental Review N/A Exempt Financial Statement Approved B This action will result in no reduction of City revenue, and a reduction of prop rty t Finance Directo revenue of approximately $3,639 annually to the Community Development Commission. Account No. STAFF RECOMMENDATION g cla Adopt the Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Location Map 3. Contract 4. Application (including Exhibit A) 5. Notice of Exemption 6. List of Current Mills Act Properties A-200 (9/99) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MILLS ACT CONTRACT FOR 934 "A" AVENUE APPLICANT: JANICE MARTINELLI CASE FILE NO. M-2006-2 BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a Mills Act Contract for 934 "A" Avenue. Said contract is on file in the Office of the City Clerk. PASSED and ADOPTED this 18th day of July, 2006. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney PROJECT LOCATION ZONE BOUNDARY LOCATION MAP Mills Act contract for 934 A Avenue at Brick Row M-2006-2 NATIONAL CITY PLANNING DRN. DATE: 6/14/06 INITIAL HEARING: 7/18/06 Recording Requested by and When Recorded Please Mail to: Michael R. Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 APN(s): 556-471-13 Above Space for Recorder's Use Only. MILLS ACT CONTRACT For property located at 934 A Avenue THIS CONTRACT is entered into by and between THE CITY OF NATIONAL CITY, a municipal corporation ("CITY") and Janice Martinelli ("OWNER"). RECITALS WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills Act, authorizes cities to enter into contracts with the owners of qualified historic properties to provide for the use, maintenance, and restoration of such historic properties so as to retain their characteristics as properties of historic significance. WHEREAS, Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, Assessor's Parcel No. 556-471-13, and located at the street address 934 A Avenue, National City, California, (the "Historic Site"). WHEREAS, the National City Council has designated the above property as a Historic Site and it is so listed and currently eligible for listing in the "List of Identified Historic Sites in National City". WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this Contract both to protect and preserve the characteristics of historic significance of the Historic Site and to qualify the Historic Site for an assessment of valuation pursuant to the provisions of Article 1.9 (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code, and of Article 12 (commencing with Section 50280) of Chapter 1 of Part 1 of Division 1 of the California Government Code (and as amended from time to time). NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner agree as follows: 1. Compliance with Council Policy. Owner shall comply with City Council Resolution No. 2002-67 incorporated herein by this reference. 2. Eligibility. To be eligible for this Contract, the Historic Site shall be listed and shall be currently eligible for listing in the "List of Identified Historic Sites in National City." 3. Standards for Historic Site. During the term of this Contract, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a. Owner shall preserve and maintain the Historic Site, and when necessary, restore and rehabilitate the Historic Site to conform to the rules and regulations of the Office of Historic Preservation of the Department of Parks and Recreation, the United States Secretary of the Interior's Standards for Rehabilitation, and the State Historical Building Code, as amended from time to time. Work shall be done in accordance with the attached schedule of potential home improvements drafted by the Owner (Attachment A). b. Owner shall maintain all buildings, structures, yards and other improvements in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; ii. Scrap lumber, junk, trash or debris; iii. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; iv. Stagnant water or excavations, including swimming pools or spas; v. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. c. Owner shall allow reasonable periodic examination of the interior and exterior of the Historic Site, by prior appointment, if a request is made by representatives of the City of National City Planning Department, the Community Development Commission of the City of National City, County Assessor, State Department of Parks and Recreation, or the State Board of Equalization, as may be necessary to determine Owner's compliance with the Contract. d. Owner shall allow visibility of the exterior of the structure from the public right- of-way. e. Should Owner apply to City for a permit for demolition, substantial exterior alteration or removal of the Historic Site, Owner shall attend and participate in a scheduled hearing regarding such application before the board or commission 2 Mills Act Contract 2002 designated by the City Council to oversee City's historic resources prior to the issuance of such permit, so long as such hearing is completed no longer than three (3) weeks after owner submits such application to City. f. Notwithstanding the foregoing subparagraph 2.e, should Owner apply to City for a permit for the demolition, substantial exterior alteration or removal of the Historic Site, Owner shall comply with all City and State of California environmental regulations, policies and requirements prior to City's issuance of the requested permit. 4. Information of Compliance. Owner hereby agrees to furnish City with any and all information requested by City which City deems necessary or advisable to determine compliance with the terms and provisions of this Contract. 5. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Contract if it determines that Owner has breached any of the conditions of this Contract or has allowed the property to deteriorate to the point that it no longer meets City's or the State's standards for a qualified historic property. In addition, City may cancel this Contract if it determines that Owner has failed to restore or rehabilitate the Historic Site in the manner specified in subparagraph 3(a) of this Contract, or has demolished, substantially altered, or removed the Historic Site. In the event of cancellation, Owner shall be subject to payment of those cancellation fees set forth in California Government Code Section 50280, et seq. 6. Enforcement of Contract. In lieu of and/or in addition to any provisions related to cancellation of the Contract as referenced herein, City may specifically enforce or enjoin the breach of the terms of this Contract. In the event of a default under the provisions of this Contract by Owner, City will give written notice to Owner by registered or certified mail addressed to the address stated in this Contract, and if such a violation is not corrected to the reasonable satisfaction of City within thirty (30) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Contract and may bring any action necessary to specifically enforce the obligations of Owner growing out of terms of this Contract, or may apply to any state or federal court for injunctive relief against any violation by Owner or may apply for such other relief as may be appropriate. City does not waive any claim of default by Owner if City does not enforce or cancel this Contract. All other remedies of law or in equity which are not otherwise provided for in this Contract or in City's regulations governing historic sites are available to City to pursue in the event there is a breach of this Contract. No waiver by City of any breach or default under this Contract shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding Effect of Contract. Owner hereby subjects the Historic Site to the covenants, reservations and restrictions as set forth in this Contract. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein 3 Mills Act Contract 2002 shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Site. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Contract regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed, or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein, touch and concern the land, in that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the historic Site for the benefit of City, the public, and Owner. 8. Processing Fee. Owner shall pay to City a graduated processing fee of $100 per $100,000 of assessed value of the Historic Site, not to exceed $500, prorated to actual assessed value. 9. Effective Date and Term of Contract. This Contract shall be effective and commence on 2006, and shall remain in effect for a term of ten (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 10 below. 10. Renewal. Each year on the anniversary of the effective date of this Contract (the "renewal date"), a year shall automatically be added to the initial term of this Contract unless notice of non -renewal is mailed as provided herein. If either Owner or City desires, in any year, not to renew this Contract, Owner or City shall serve written notice of non -renewal on the other party in advance of the annual renewal date of the Contract. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Contract as provided herein. Upon receipt by Owner of a notice of non -renewal from City, Owner may make a written protest of the notice. City may, at any time prior to the annual renewal date of the Contract, withdraw its notice of non -renewal. If either City or Owner serves notice to the other of non -renewal in any year, the Contract shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Contract, whichever may apply. 11. Notice. Any notice required to be given by the terms of this Contract shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by either party. 4 Mills Act Contract 2002 To City: City of National City Director of Planning 1243 National City Boulevard National City, CA 91950-4301 12. General Provisions. To Owner(s): Janice Martinelli 926 A Avenue National City, CA 91950 a. None of the terms, provisions, or conditions of this Contract shall be deemed to create a partnership between the parties and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner agrees to and shall hold City and its elected officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use of operations of Owner or those of his or her contractor, subcontractor agent, employee or other person acting on his or her behalf which relate to the use, operation, and maintenance of the Historic Site. Owner hereby agrees to and shall defend City and its elected officials, officers, agents, employees and volunteers with respect to any and all actions for damages caused by, or alleged to have been caused by, reasons of Owner's activities in connection with the Historic Site. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Contract regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Historic Site. c. All of the agreements, rights, covenants, reservations, and restrictions contained in this Contract shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Site, whether by operation of law or in any manner whatsoever. d. In the event that any of the provisions of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof shall not be effected thereby. e. This Contract shall not take effect unless and until Owner's signature is notarized by a notary public. Furthermore, if an agent or representative of Owner signs this Contract on behalf of Owner, the agent or representative must furnish proof to the satisfaction of City, that the agent or representative has authority to act on Owner's behalf. f. This Contract shall be construed and governed in accordance with the laws of the 5 Mills Act Contract 2002 g. State of California. Owner or an agent of Owner shall provide written notice of this Contract to the State Office of Historic Preservation within six (6) months of entering into the Contract. 13. Recordation. No later than twenty (20) days after the parties execute and enter into this Contract, City shall cause this Contract to be recorded in the office of the County Recorder of the County of San Diego. 14. Amendments. This Contract may be amended only by a written and recorded instrument executed by the parties hereto. CITY OF NATIONAL CITY OWNER(S) OF RECORD Date: Date: By: By: Nick Inzunza, Mayor (Notarized Signature) Title: Date: Date: Attest: By: (Notarized Signature) By: Michael R. Dalla, City Clerk Title: Date: Approved as to form: By: George H. Eiser, III City Attorney OWNERS PLEASE IIAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. 6 Mills Act Contract 2002 l xAH itifgG�f meni" The following is a list of repairs to be completed over the next ten years. 1) Maintain exterior of unit in the color that is uniform to the bldg. 2) Keep all woodwork in exterior, and interior of the unit in good repair. 3) Keep roof in good repair. 4) Try to maintain occupancy of unit to include historic minded people who respect the building for its true historic relevance to our city. 5) Maintain exterior yard. Martinelli 4-10-06 �- acted, the WITNESS my hand - •d official seal. f Ii • • Signature of Notary Public 1 e OPTIONAL R $. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent yl • fraudulent removal and reattachment of this form to another document. >»� • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT yar .teR„:.., a �i> 1.•.: �. .�..zat,.�. z� L t z, c t, ,.':3ti- .• ..^.� .,.c.. .,„ tArc . 4:. S,Z tC (E State of California ; } ss. 'e County of Sart 1 Pt, 2� On -S Lu1 - �i ZtaDio me, l_O lc-e Ci yl �� r e of e.g., "Jane Doe, Notary Public") personally appeared a ht@.e� o 4J4 rt, e_At t r before U ct,v-t C.Vt (;�.� Date y�� �� Name and Title Officer ( 0 h C Ce LOUISE BRANCH Commission # 1387300 $w Diego - - *Cam Description of Attached Document �� Title or Type of Document: \N"\J• -Q L S. C (,catiJt • k) aS eDocument Date: �— 4- Q (� Number of Pages: 4 /A� �M g Signer(s) Other Than Namara Above LI • _ ., n n N i r / yJ Capacity(ies) Claimed by Sign/ �N g Signer's Name: e RIGHTTHUMBPRINT OFSIGNER r ❑ Individual Top of thumb here �� i❑ Corporate Officer — Title(s): 4 ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator C ❑ Other: �� ,, Signer Is Representing: 'M »'k�:•r: eQ .awava av:.va:._ tv4 .9av�'d �C-,gtr-r. :. ea`�: a ka s. ;:rs itce ria �x 01Kg `e4W 4•Wee.—.9 s, a� 0 1999 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.natlonalnotary.org Name(s) of Signer(s) %.personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 9/are subscribed to the within instrument and acknowledged to me that he sit /they executed the same in histheir authorized capacity(ies), and that by his/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person ) ace , executedt e instrument. Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 s=� NATIONAL CITY, CALIFORNIA MILLS ACT CONTRACT APPLICATION File application with: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 FOR DEPARTMENT USE ONLY Case Number R' C t Filing Fee $ Date Received ag/C.(r By(2C 1, Receipt No. Make checks payable to the City of National City PROPERTY DESCRIPTION: Street Address: c3q Assessors Parcel Number(s): 5 l* \ ' O SUBMITTAL REQUIREMENTS: The following items are required to compete the application and must be included with this form: a. A general maintenance/restoration plan for the structure (any prior restoration activities may be included) b. A description of the structure and its historic value c. Photos of the structure d. Legal description of the property e. A copy of a deed verifying property ownership f. Processing fee of $100 per $100,000 of assessed value of the historic property, not to exceed $500, prorated to actual assessed value. PROPERTY OWNER INFORMATION: �;q Name: C>r%�1v/Ai/\rt S1 \" SPhone: Address: / U Property owner's signature: A I Date: 4-- C (\\v • 1' N Aif4chment *A" The following is a list of repairs to be completed over the next ten years. 1) Maintain exterior of unit in the color that is uniform to the bldg. 2) Keep all woodwork in exterior, and interior of the unit in good repair. 3) Keep roof in good repair. 4) Try to maintain occupancy of unit to include historic minded people who respect the building for its true historic relevance to our city. 5) Maintain exterior yard. // City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: Project Location: Contact Person: Case File No. M-2006-2 934 A Avenue, National City, CA 91950 Michael Fellows Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: The proposal would allow the City to enter into a Mills Act contract with the owner of 934 A Avenue, pursuant to State law. The contract provides for the maintenance, restoration, and rehabilitation of this property in Brick Row, a locally designated historical structure. Applicant Name and Address: Janice Martinelli 926 A Avenue National City, CA 91950 Telephone Number: (619) 477-1122 Exempt Status: ❑ Statutory Exemption. (State type and Section No., if applicable) ® Categorical Exemption. Class 31, Section 15331 (]Historical Resource Restoration/Rehabilitation) ❑ Not a project as defined in Section 15378 of CEQA l Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: This project is intended to provide for the maintenance, restoration, and rehabilitation of an historic structure in compliance with standards developed by the Secretary of the Interior. The Mills Act program only affects existing structures and thus the project has no potential to create significant effects. Date: June 15, 2005 Michael Fellows, Planning Technician Recycled Paper NATIONAL CITY MILLS ACT CONTRACTS CASE FILE NO. ADDRESS: APPLICANT M-2002-1 3600 E. 8th Street Moncrieff Family Limited Partnership M-2002-2 926 A Avenue Janice. Martinelli M-2002-3 1941 Highland Avenue Celia, Josefina Hernandez M-2003-1 916 A Avenue Jeannette Salazar M-2003-2 928 A Avenue Jeannette Salazar M-2003-3 1433 E. 24th Street Jim Ladd M-2003-4 45 East Plaza Blvd. Janice Martinelli M-2003-5 907 A Avenue Louise Branch M-2005-1 906 A Avenue Janice Martinelli City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 18, 2006 6 AGENDA ITEM NO. ITEM TITLE Resolution authorizing the City Engineer to establish red "No Parking" zones adjacent to the driveway at 1515 Wilson Avenue (M. LaRue, TSC Item No. 2006-11). PREPARED BY EXPLANATION Adam Landa DEPARTMENT Engineering EXT. 4394 Mr. Merle LaRue, the owner of 1515 Wilson Avenue, has requested the installation of a red curb "No Parking" zone adjacent to his driveway. According to Mr. LaRue's correspondence, vehicles from the neighborhood are parking and encroaching into his driveway and are not allowing egress and ingress (see photo) from his business. Staff investigated the site and agrees with the installation of the red curb. The approximate length will be 3 feet on each side of the driveway. At their meeting of June 14, 2006, the Traffic Safety Committee approved the three feet of red "No Parking" zone adjacent to the driveway at 1515 Wilson Avenue. l x Environmental Review N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMETION At their meeting of June 14, 2006, the Traffic Safety Committee approved the three feet of red "No Parking" zone adjacent to the driveway at 1515 Wilson Avenue. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. 2006-11 A-200 (Rev. 7/03) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH THREE-FOOT RED "NO PARKING" ZONES ON EACH SIDE TO THE DRIVEWAY AT 1515 WILSON AVENUE (M. LARUE, TSC ITEM NO. 2006-11) WHEREAS, Merle LaRue, the owner of 1515 Wilson Avenue, has requested the installation of red curb no parking zones adjacent to his driveway because parked vehicles encroach into his driveway restricting ingress and egress from the property; and WHEREAS, at its meeting on June 14, 2006, the Traffic Safety Committee approved the installation of three-foot red curb no parking zones on both sides of the driveway for the property located at 1515 Wilson Avenue. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to establish' three-foot red curb no parking zones on both sides of the driveway for the property located at 1515 Wilson Avenue. PASSED and ADOPTED this 18th day of July, 2006. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JUNE 14, 2006 ITEM NO. 2006-11 ITEM TITLE: REQUEST FOR THE INSTALLATION OF RED CURB "NO PARKING" ZONE ADJACENT TO THE DRIVEWAY AT 1515 WILSON AVENUE (BY: M. LARUE , PHONE NO. 477-5633) PREPARED BY: DISCUSSION: Adam J. Landa, Engineering Department Mr. Merle LaRue, the owner of LaRue Plumbing located at 1515 Wilson Avenue, has requested the installation of a red curb "No Parking" zone adjacent to his driveway. According to Mr. LaRue correspondence, vehicles from the surrounding neighborhood are parking next to his driveway and are not allowing egress and ingress. Staff investigated the site and agrees with the installation of the red curb. The approximate length will be 3 feet on each side of the driveway. STAFF RECOMMENDATION: Staff recommends the installation of 3' of red curb "No Parking" zone on each side of his driveway located at 1515 Wilson Avenue. EXHIBITS: 1. Letter 2. Location Map 3. Photo 2006-11 Merle LaRue LARUE PLUMBING 1515 WILSON AVE NATIONAL CITY, CA 91950 MAY 10, 2006 TRAFFIC SAFETY COMMITTEE 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 TO WHOM IT MAY CONCERN, WE RECENTLY PHONED REGARDING A PARKING HAZARD ADJACENT TO OUR DRIVEWAY AND OUR NEIGHBORS. WHEN PEOPLE PARK THERE, THE DISTANCE BETWEEN DRIVEWAYS IS SHORT AND THEIR VEHICLES EXTEND INTO OUR DRIVEWAY OR INTO OUR NEIGHBORS. WE, AS WELL AS THE NEIGHBORS MOVE EQUIPMENT AND LARGE TRUCKS IN AND OUT OF OUR RESPECTIVE PROPERTIES. WE ARE CONCERNED THAT EVENTUALLY SOME ONE IS GOING TO DAMAGE SOMEONE'S CAR. COULD SOMEONE FROM THE CITY STOP BY AND LOOK AT THE PROBLEM AND POSSIBLY HAVE THE CURB PAINTED, SO THAT IT WILL BE NO PARKING OR LIMITED TIME PARKING IN THAT AREA? THANK YO RLE LARUE LARUE PLUMBING 619-477-5633 H 0 AV1- 1 1 ( N City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 18, 2006 7 AGENDA ITEM NO. ITEM TITLE Resolution authorizing the City Engineer to establish "One Hour parking" and a loading and unloading zone in front of 35 E. 3rd Street (G. Rael, TSC Item No. 2006-12 PREPARED BY EXPLANATION Adam Landa DEPARTMENT Engineering EXT. 4394 Mr. Geoffrey Rael, the business owner of Windym Dynamics located at 35 E. 3rd Street, has requested the installation of a "One Hour Parking" zone in front of the business. He stated in his correspondence that vehicles from the neighborhood are parking in front of his business all day and are leaving no parking for his customers. He desires that the signs state the following: One Hour Parking between the hours of 8:00 a.m. and 5:00 p.m. Monday thru Friday. Mr. Rael also requested a Loading and Unloading zone for the delivering of his products. The Traffic Safety Committee approved the "One Hour Parking" zone between the hours of 8:00 a.m. and 5:00 p.m. Monday thru Friday, and a Loading and Unloading zone in front of 35 E. 3rd Street at their meeting of June 14, 2006. CEnvironmental Review N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDAT! At their meeting of June 14, 2006, the Traffic Safety Committee approved "One Hour and a Loading and Unloading parking" zone in front of 35 E. 3rd Street. ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Staff Report to the Traffic Safety Committee 2006-12 A-200 (Rev. 7/03) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH A ONE -HOUR PARKING ZONE BETWEEN THE HOURS OF 8:00 A.M. AND 5:00 P.M., MONDAY THROUGH FRIDAY, AND A LOADING AND UNLOADING ZONE IN FRONT OF 35 EAST 3RD STREET (G. RAEL, TSC ITEM NO. 2006-12 WHEREAS, Geoffrey Rael, business owner of Windym Dynamics located at 35 East 3rd Street, has requested the installation of a one -hour parking zone between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, for customer parking, and a loading and unloading zone for delivery and pickup in front of his business because residence and employees in the area park in front of his business all day; and WHEREAS, at their June 14, 2006 meeting, the Traffic Safety Committee approved a one -hour parking zone between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, for customer parking, and a loading and unloading zone in front of the business located at 35 East 3rd Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to establish a one -hour parking zone for customer parking and a loading and unloading zone in front of the business located at 35 East 3rd Street. PASSED and ADOPTED this 18th day of July, 2006. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JUNE 14, 2006 ITEM TITLE: ITEM NO. 2006-12 REQUEST FOR THE INSTALLATION OF "ONE HOUR PARKING" ZONE IN FRONT OF 35 E. 3RD STREET (BY: G. RAEL. PHONE NO. 477-0900) PREPARED BY: Adam J. Landa, Engineering Department DISCUSSION: Mr. Geoffrey Rael, the business owner of Windym Dynamics, has requested by letter the installation of "One Hour Parking" zone in front of 35 E. 3`d Street. He would like the City to approve the parking request to help with the parking situation. Mr. Rael stated that the parking in front of the business are constantly being occupied during the day and are leaving no parking for his customers. Mr. Rael desires that the signs state the following: "One Hour Parking" between the hours of 8:00 a.m., and 5:00 p.m., Monday to Friday. The length will be approximately 100'. Mr. Rael would like also a "Loading and Unloading" zone next to the north west corner of 3rd Street and "A" Avenue. Staff has researched the site and found that this can be accommodated. STAFF RECOMMENDATION: Staff recommends approval for a 100' "One Hour Parking" zoning between the hours of 8:00 a.m. and 5:00 p.m., Monday to Friday at 35 E. 3rd Street and a "Loading and Unloading" zone next to the northwest corner of 3`d and "A" Avenue. EXHIBITS: 1. Letter 2. Location Map 3. Photo 2006-12 WINDYM DYNAMICS 35 East Third Street National City, CA 91950 (619) 477-0900 (619) 447-0300 fax Traffic and Safety Committee 1243 National City Boulevard National City, CA 91950 To Whom It May Concern: I am the new owner of the building located at 241 National City Boulevard including 35 East Third Street. The parking spaces located in front of the door at 35 East Third Street are constantly occupied during the day making parking difficult for our customers and hampering the delivery of packages via UPS and FEDEX that do not require a loading dock. I would like to limit the parking of the nine spaces in front of 35 East Third Street to 1 hour, Monday through Saturday. I would also like a commercial loading zone at the cpmer of East Third and A Avenue. Please advise as to how to proceed. Thank you. Geoffrey Rael AN rA NA DR. A V o H CITY BLVD City of National City, California COUNCIL AGENDA STATEMENT 8 MEETING DATE July 18, 2006 AGENDA ITEM NO. ITEM TITLE Resolution of the City Council to approve, accept, and record a street dedication as part of a two lot parcel map located north of 13th Street on K Avenue (LS-2001-4) PREPARED BY Adam Landa DEPARTMENT Engineering EXT. 4394 EXPLANATION Mr. David G. Hardgrove, the owner of the property, has submitted a parcel map with street dedication for a property located north of 13th Street on "K" Avenue for the City Council's approval, acceptance, and filing with the County Recorder. The final parcel map consists of 2 single-family lots. The Planning Commission reviewed and approved the tentative map on October 7, 2002. The Engineering and Planning Departments now have approved the Parcel Map. There are street dedications shown on this map. X Environmental Review N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENpj►TION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Parcel Map Resolution No. k A-200 (Rev. 7/03) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING A DEDICATION OF REAL PROPERTY FROM DAVID G. HARGROVE FOR STREET PURPOSES ON "K" AVENUE, NORTH OF 13TH STREET, AND DEDICATING AND NAMING THE PARCEL OF LAND BE IT RESOLVED by the City Council of the City of National City as follows: 1. That David G. Hargrove had dedicated the real property described in the attached Exhibit "A" to the CITY OF NATIONAL CITY for right-of-way purposes. 2. That the CITY OF NATIONAL CITY desires that said property be dedicated for public right-of-way purposes. 3. That the descried parcels of land in Exhibit "A" shall henceforth be known as a portion of "K" Avenue. PASSED and ADOPTED this 18th day of July, 2006. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney PARCEL MAP NO OWNER'S STATEMENT: I HEREBY STATE THAT 1 AM THE OWNER OF OR INTERESTED IN THE LAND SUBDIVIDED BY THIS MAP AND 1 CONSENT TO THE PREPARATION AND RECORDATION OF THIS MAP. BY: /043a DATE 4VO%/J00 Cp DAVID CA HAP OVE STATE OF CALIFORNIA ) COUNTY OF SAN DIEGC)ss. ON FCbrINAy 7, SOO& BEFORE ME. E0,0 MinavG A NOTARY PUBLIC PERSONALLY APPEARED DAVID G. HARGROVE, PERSONALLY KNOWN TO ME (OR PROVED TD ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO HE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLECGED TO ME THAT HE EXECUTED THE SAME W HIS AUTHORIZED CAPACITY, AND THAT BY HIS SIGNATURE ON THE INSTRUMENT THE PERSON. OR THE ENTITY UPON BEHALF OF WHICH THE PERSON ACTED, EXECUTED THE INSTRUMENT. WTTNESS MY HAND. y MY COMMISSION ES ON AV/IRH'/ Y. a009 PRINCIPAL PLACE OF BUSINESS IS `75n 1)icj0 COUNTY N /�MIiP SdPHyN -aia \l-� YRlpi>al/ HYtaP�Str.Htraa E RICCI, CIVIL ENGINEERING (619) 296 -3183 CASE FILE NO. LS-2001-4 IN THE CITY OF NATIONAL CITY PARCEL MAP: BEING A PARCEL MAP OF PARCEL 2 OF PARCEL MAP 14115IN THE CITY OF NATIONAL CITY. COUNTY OF BAN DIEGO. STATE OF CALIFORNIA. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. FEBRUARY 26. 1966 AS FILE NO. 86UT3313 OF OFFICIAL RECORDS. PARCEL MAP GUARANTEE ISSUED BY: FIRST A.IERICAN TITLE COMPANY ORDER ND: 1112811(06 I ON JUNE 1, 2006. THE SIGNATURES OF THE PARTY LISTED BELOW, OWNER OF EASEMENT PER DOCUMENTS NOTED BELOW HAVE BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436 ' SUBSECTION (')(3)(A)6) OF THE SUBDIVISION MAP ACT. THEIR INTEREST IS SUCH THAT N CANNOT RIPEN INTO FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY: 5AN DEGO GAS AND ELECTRIC COMPANY, A CORPORATION. AS HOLDER OF AN EASEMENT RECORDED JULY 21,1951 AS IN BOOK 4164, PAGE 313 OF OFFICIAL RECORDS. CITY'S CLERK CERTIFICATE. WE, NICK NRIINZA, MAYOR AND MICJAEL R DAUA, CITY CLERK OF NATIONAL CITY, CALIFORNIA, HEREBY CERTIFY THAT THE CITY COUNCIL HAS APPROVED THIS PARCEL MAP ON BY RESOLUTION NO. AND HAS ACCEPTED ON BEHALF OF THE PUBLIC, SUBJECT TO IMPROVEMENT A ' PORTION OF K AVENUE. NICK INZUNZA DATE MICHAEL R. DAU A DATE MAYOR CITY CLERK • COUNTY TREASURER.TAX COLLECTOR WE COUNTYTREASURER-TAX COLLECTOR OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND DIRECTOR OF PUBLIC WORKS OF SAID COUNTY. HEREBY CERTIFY THAT THERE ARE NO UNPAID SPECIAL ASSESSMENTS OR BONDS WHICH MAY BE PAID IN FULL. SHOWN BY THE BOOKS OF OUR OFFICES. AGAINST THE TRACT OR SUBDMSION OR ANY PART THEREOF SHOWN ON THE ANNEXED MAP AND DESCRIBED IN THE CAPTION THEREOF. DAN Ma ALLI STER COUNTY TREASURER -TAX COLLECTOR BY' DATE: DEPUTY JOHN L SNYDER DIRECTOR OF PUBLIC WORKS BY: DATE: FOR DIRECTOR SHEET I OF 3 SHEETS SURVEYOR'S STATEMENT' I, ERICK L RICCI, A PROFESSIONAL CIVIL ENGINEER OF THE STATE OF CALIFORNIA HEREBY CERTIFY THAT THIS MAP WAS PREPARED BY YF OR UNDER MYOIRECTIONNID IS BASED ON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION IMP ACT AND LOCAL ORDINANCE AT THE RFOIFRT OF DAVID G. HARGROVE BETWEEN NOVEMBER 30, 2003 AND JA UA RY2, 2004, AND SAID SURVEY IS TRUE AND COMPLETE AS SHOWI4 THAT MONUMENTS OF THE CHARACTER INDICATED HAVE BEEN SET OR FOUND AT THE SUBDNISION BOUNDARY CORNERS, AND I WILL SETAE OTHER • MONUMENTS OF THE CHARACTER AND AT THE POSITION INDICATED BY LEGEND IN THIS MAP WITH 90 DAYS AFTER COMPLETION OF THE REQUIRED IMPROVEMENTS AND SUCH MONUMENTS ARE OR W91 BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. (SEE LEGEND ON SHEET 3) I HEREBY STATE THATTHIS MAP SUBSTPNTALLY CONFORMS TO THE APPROVED OR CONCITIONALLY APPROVED TENTATIVE MAP, IF ANY. DATE: 4,1W-00 ERICK L RICCI, RC.E 32103 EXPIRATION DATE 12131106 DIRECTOR DF /MILK WORKS STATEM@7T; I, ROBERTO 8AH'E(YL PUBLIC WORKS DIRECTOR OF THE CITY OF NATIONAL GTY. CALFORIWA STATE TATTHI9 /UNDOES NOT APPEAR TO BE AMAP OF MAJOR SL6DPJWON FOR WHICH FINAL MAP IS REQUIRED PURSUANT TO SECTION 55421 OF THE SUBDIVISION HAP ACT. I FURTHER STATE THAT THIS . PARCEL YAP SUBSTANTIALLY CONFORMS TOTNETENTATTVE PARCEL ANY, ARID ANYAPPROVED ALTERATIONS TREREOF:TNAT IT COMPLIES WITH THE REQUIREAENIS OF THE SUBOMSION MrY AOTAND ANY LOCAL ORDINANCES APPUCABL.E. I HAVE EXAMINED THIS MAP AND AM SATISFIED THAT IT IS TECHNICALLY CORRECT. ROBERTO SAUCED° PUBLIC WORKS DIRECTOR BY: DATE ROBERTO SMILED° R.C.E29611 EXPIRE6:03/31427 RECORDER'S CERTIFICATE: FILE NO. FILEDTHIS DAY OF OF PARCEL MAPS AT PAGE GREGORY J. SMITH COUNTY RECORDER FEES: 312A0 2406 AT M.IN BOOK AT THE REQUEST OF ERICK L RICCL • • BY: DEPUTY COUNSYRECORDER. RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING A DEDICATION OF REAL PROPERTY FROM DAVID G. HARGROVE FOR STREET PURPOSES ON "K" AVENUE, NORTH OF 13TH STREET, AND DEDICATING AND NAMING THE PARCEL OF LAND BE IT RESOLVED by the City Council of the City of National City as follows: 1. That David G. Hargrove had dedicated the real property described in the attached Exhibit "A" to the CITY OF NATIONAL CITY for right-of-way purposes. 2. That the CITY OF NATIONAL CITY desires that said property be dedicated for public right-of-way purposes. 3. That the descried parcels of land in Exhibit "A" shall henceforth be known as a portion of "K" Avenue. PASSED and ADOPTED this 18th day of July, 2006. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney PARCEL MAP NO. STATION "263. 03' FO. BRASS DISK IN TOP OF CURB AT SONTH ENO OF BTH STREET TROLLEY STATION, NORTH SIDE OF 8TH STREET, EAST OF TRACKS, 500 s EAST OF HARBOR DRIVE PER R. OF S. 15497 IPT.31) N L826,323.539 E 6,296,197.8137 VICINITY MAP (NO SCALE) N STATION "311 • 7S" FO. BRASS DISK IN CONCRETE PLATFORM AT 24 TN STREET TROLLEY STATION, SOUTH END OF STATION, EAST OF TRACKS PER R.OF3. 154317 (PT. 20) N I, 821,5T1.940 E 6,297,652.369 E RICCI, CIVIL ENGINEERING 1619) Z96.31133 21"E. 5,651.40' GRID C C S 83, DETAIL SCALE: I"c 40' SHEET 2 OF 3 SHEETS THE BASIS OF BEARINGS FOR THIS SURVEY IS THE NA0 83 CALIFORNIA COORDINATE SYSTEM ZONE 8. MEASUREMENTS TO POINTS "A" ANO"B" ARE SHOWN HEREON, "A" AND "B" ARE ADJUSTED TO 0.14 S. STATION "311 • 76" AND G.P.S. STATION "263 • 03" PER R.O.S. 154157 BEARING NIT•21'49"W. 000TED BEARINGS FROM REFERENCE NAPS OR DEEDS MAY 0R MAY NOT 9E IN TERMS OF SAID SYSTEM. THE COMBINE° 61810 FACTOR AT POINT "B" IS 1.000016812. GRID DISTANCE = GROUND DISTANCE K COMBINED WHO FACTOR. PARCEL MAP NO. POINT 'A' i I NO. RADIUS DELTA LENGTH C 1 30.00 90.00 00" 47.12. C2 49.76' 43.5427- 38.13' 03 34.00' ' 52.34.36" 31.20' CO 105.50' 4•21'01" B.01' C5 34.00' 37'46'57" 22.42' 06 34.00'' (4•47.41" 8.78 C7 30.00 69.03 34" -36.16' CB 30.00' 20•5626' ID.96' E RICCI, CIVIL ENGINEERING (619) 296 -3183 OEJ� '/g' •i%o / A� / d F0.3/4"IR0N ROD PER P M. 14185 0.164C. SEE EASEMENT NOTE 1 STREET Y4C*T10N PER D DC. N0.200S- 0611220 0.14 RECORDED JOLT 20.2005 E0.55826U1 TOTHE CITY OF NATIONAL CITY DEDICATED 0. HEREON DLO Cg 03 . I32,A2 EASE Set 9.08 PIPE PARCEL �,"'10.0M PE6 FD6 At 65 YMIB5 OEOIt PTIaN 2�6 .d/8.1=8tas IA SvRE6ot M0. MAY 19 EB D_ 0E0 •p O4 'w 54 5 6fi DETAIL "A" SCALE. SHEET 3 OF 3 SHEETS LEGEND • INDICATES FOUND WZ"REBAR AND GP R.C.E. 22938 PER. P.M.14165 UNLESS OTHERWISE NOTED. • INDICATES FOUND 2" IRON PIPE AND TAO R. C.E.24950 PER P.M.12079, P.N. 14195 O INDICATES SET' 3/4"A IS"IRON PIPE RC.E.32103 EASEMENT NOTES: 1. EXISTING 5' WIDE EASEMENT TO THE CITY OF NATIONAL CITY FOR PUBLIC UTILITIES RECORDED OCTOBER IS, 1961 AS FILE NO. 51-326878 0.R. 2. EXISTING 6' WIDE EASEMENT TO SAN DIEGO GAS AND ELECTRIC FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES RECORDED JULY 31,1951, BOOK 4186, PAGE 3(3 O.R. SEE EASELIENr NOTE 2 City of National City, California COUNCIL AGENDA STATEMENT July 18, 2006 9 MEETING DATE AGENDA ITEM NO. ITEM TITLE Resolution of the City Council to approve, accept, and record Bayview Condominiums Subdivision Map located at 801 National City Boulevard (S-2003-5, CUP-2003-22) PREPARED BY Adam Landa DEPARTMENT Engineering EXT. 4394 EXPLANATION Mr. Ashok Israni, the owner of the Bayview Condominiums Subdivision (Red Lion), has submitted a final map for the property located at 801 National City Boulevard for the City Council's approval, acceptance, and filing with the County Recorder. The final map consists of 170 residential condominium units. The Planning Commission reviewed and approved the tentative map on December 1, 2003. The City Council approved the tentative map by Resolution No. 2004-37 on March 2, 2004. The Engineering and Planning Departments have now approved the final map. There are no street dedications on this map. Environmental Review N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Subdivision Map Resolution No. A-200 (Rev. 7/03) bayvicw RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPROVE, ACCEPT, AND RECORD BAYVIEW CONDOMINIUMS SUBDIVISION MAP LOCATED AT 801 NATIONAL CITY BOULEVARD (CONVERSION OF RESIDENTIAL REAL PROPERTY TO CONDOMINIUM PROJECT; S-2003-5, CUP 2003-22) WHEREAS, at a regular meeting of the City Council held on October 18, 2005, the City Council adopted Resolution No. 2005-228, approving the tentative subdivision map for BayView Condominiums located at 835 East 18th Street, east of Highland Avenue, generally described as: Parcel A: Lots 1 through 10 inclusive, in Block 1, of W. C. Kimball's Subdivision of 10-acre Lot 1, Quarter Section 154 of National City, Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 105, filed in the Office of the County. Recorder of San Diego County, March 10, 1887. Parcel B: Lots 1, 2, 3, 4 and 5 in Block 1, of T. Parsons Addition to National City being a Subdivision of 10-Acre Lot 8 in Quarter Section 155 of Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 57, filed in the Office of the County Recorder of San Diego County, April 26, 1881. WHEREAS, all requirements of the tentative subdivision map, the State Subdivision Map Act and Title 17 of the City of National City Municipal Code have been complied with. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby makes the following findings: 1. Each of the tenants of the proposed condominium project has received, pursuant to Government Code Section 66452.9, written notification of intention to convert at least 60 days prior to the filing of a tentative map, pursuant to Government Code Section 66452. 2. Each tenant and each person applying for the rental of a unit in such residential property has, or will have, received all applicable notices and rights now or hereafter required by Chapter 2 or by Chapter 3 of Division 2 of Title 7 of the Government Code. 3. Each tenant has received 10 days' written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, and that such report will be available upon request. 4. Each tenant of the proposed condominium project has been given written notification within 10 days of approval of the final map for the proposed conversion. Resolution No. 2006 — July 18, 2006 Page 2 5. Each tenant of the proposed condominium project has been, or will be given, 180 days' written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. 6. Each tenant of the proposed condominium project has been, or will be given, notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not Tess than 90 days from the date of issuance of the subdivision public report pursuant to Business and Professions Code Section 11018.2, unless the tenant gives prior written notice of his or her intention not to exercise the right. BE IT FURTHER RESOLVED by the City Council of the City of National City that the final subdivision map for BayView Condominiums located at 835 East 18th Street, east of Highland Avenue is hereby approved. BE IT FURTHER RESOLVED, that the Mayor, City Clerk and City Engineer are hereby authorized and directed to file said final subdivision map with the County Recorder. PASSED and ADOPTED this 18th day of July, 2006. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney MAP NO. CASE FILE LIMNER'S STATEMENT. WE HEREBY STATE TH47 WE ARE THE OWNERS OF, OR ARE INTERESTED IN THE LAND SUBDIVIDED BY THIS MAP AND WE HEREBY CONSENT TD THE PREPARATION AND RECORDATION OF THIS MAP THIS SUBDIVISION IS A CONDOMINIUM PROJECT AS DEFINED IN SECTION 1350 E7. SEC. OF THE CIVIL CODE OF THE STATE OF CALIFORNIA CONTAINING A MAXIMUM OF 170 DWELLING UNITS AND COMMERCIAL SPACE AND 15 FILED PURSUANT TO THE SUBDMSION AMP ACT. PACIFICA H4RBORVIEW TWO, L.P. BY PACIFICA HOSPITALITY GROUP. INC., ITS GENERAL PARTNER BY. ASHOK ISWW1. FIRST NATIONAL BANK AS BENEFICIARY UNDER DEED OF TRUST RECORDED SEPTEMBER 27, 2001 AS FILE N0. 2001-0696646, OF OFF7CML RECORDS. BY: IIAME NAME TITLE TREE NO.S-2003-5 _/ CUP-2003-22 IN THE CITY OF FOR CONDOMINIUM PURPOSES STATE OF CALIFORNIA) 5.5. COUNTY OF SAN DIEGO) ON 2006 BEFORE ME, A NOTARY PUBLIC, PERSONALLY APPEARED ASHOK /SRAM PERSONALLY KNOWN 70 ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME IN HIS AUTHORIZED CAPACITY, AND THAT BY HIS SIGNATURE ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSON ACTED, EXECUTED THE INSTRUMENT. NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE. PRINT NAME: MY PRINCIPAL PUCE OF BUSINESS IS IN SAN DIEGO COUNTY MY COMMISSION EXPIRES: STATE OF CALIFORNIA) SS. COUNTY OF SAN DIEGO) ON 2006 BEFORE ME A NOTARY PUBLIC, PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON(S) WHOSE NAME(5) IS/ARE SUBSCRIBED 70 THE WRHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT (HE/SHE/THEY) EXECUTED THE SOME IN (HIS/HER/THEIR AUTHORIZED CAPACNYOES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. NOTARY PUBLIC /N AND FOR SAID COUNTY AND STATE. PRINT NAME: MY PRINCIPAL PLACE OF BUSINESS 15 IN SAN DIEGO COUNTY MY COMMISSION EXPIRES: SAN DIEGO LAND SURVEYING & ENGINEERING, INC. 9665 CHESAPEAKE DRIVE. SUITE 445 SAN DIEGO, CALIFORNIA 92123-1354 (858)-565-8362 BEING A SUBDIVISION OF: LOTS 1 THROUGH 10 INCLUSIVE. IN BLOCK 1. OF E. C. KIMBALL'S SUBDIVISION OF 10-ACRE LOT 1, QUARTER SECTION 154 OF NATIONAL CITY, RANCHO OE /A MOON, IN THE CM OF 414770H4L CRY, COUNTY OF 54N DIEGO, STATE OF CALIFORNIA, ACCORDING TO IMP THEREOF N0. IDS, FILED 1N THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 70, 1887. LOTS 1, 2, 3, 4 AND 5 IN BLOCK 1 OF T. PARSONS ADDITION 70 NATIONAL CITY, BEING A SUBDIVISION OF 10-ACRE LOT B IN QUARTER SECTION 155 OF RANCHO OE U NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 57. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, NINE 26, 7881. SUBDIVISION GUARANTEE BY CH/CAGO TITLE COMPANY. ORDER N0. 43040443-U50 DATED: TAX CERTIFICATE 1, THOMAS J. PASTUSZKA, CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO, CALFORNK HEREBY CERTIFY THAT THE PROVISIONS OF THE SUBDIVISION MAP ACT (OMSION 2 OF TITLE 7 OF THE GOVERNMENT CODE) REGARDING (o) DEPOSITS FOR TAXES AND (b) CERTIFICATION OF THE ABSENCE OF DENS FOR UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT THOSE NOT YET PAYABLE, HAVE BEEN COMPLIED WITH THOMAS J. PASTUSZKA CLERK OF THE BOARD OF SUPERVISORS DATE: BY: UFYUIY WE. COUNTY TREASURER -TAX COLLECTOR OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND DIRECTOR OF PUBLIC WORKS OF SAID COUNTY, HEREBY CERTIFY THAT THERE ARE NO UNPAID SPECIAL ASSESSMENTS OR BONDS WHICH MAY BE PAID IN FULL, SHOWN BY THE BOOKS OF OUR OFFICES, AGAINST THE TRACT OR SUBDIVISION. OR ANY PART THEREOF SHOWN ON THE ANNEXED M4P AND DESCRIBED 1N THE CAPTION THEREOF. DAN MC.ILUSTER COUNTY TREASURER - TAX COLLECTOR JOHN L. SNYDER DIRECTOR, COUNTY DEPARTMENT FOR DIRECTOR DATE OF PUBLIC WORKS BY: DEPUTY BATE ACCEPTANCE CERTIFICATE: BY: WE, NICK INZUNZA, MAYOR. AND MICHAEL R. DALIA, CITY CLERK, OF NOTIONAL CITY CALIFORNIA HEREBY CERTIFY THAT THE CITY COUNCIL ON , 200 BY RESOLUTION NO. HAS APPROVED THIS SUBDMSIDRTIP-CORSISIINC' OF 3 SHEETS. BY: NICK /NZUNZA MAYOR NATIONAL CITY, CALFORNM BY: MICHAEL R. DA1A CITY CLERK NATIONAL CITY, CALIFORNIA NATIONAL CITY SHEET 1 OF 3 SHEETS SURVEYOR'S STATEMENT I, ROBER7 BATSMAN, A PROFESSIONAL LAND SURVEYOR OF THE STATE OF CALIFORNIA. STATE TFMT THE SURVEY OF THIS SUBDMSION WAS MADE BY OR UNDER MY DIRECTION BETWEEN JNNIMRY, 2001 AND AUGUST, 2005 AND SAID SURVEY IS 7RUE MID COMPLETE AS SHOWN; THAT MONUMENTS OF THE CHARACTER INDICATED HAVE BEEN SET OR FOUND AT THE SUBDMSION BOUNDARY CORNERS; AND / WILL SET ALL OTHER MONUMENTS OF THE CHARACTER AND A7 THE POSITION INDICATED BY THE LEGEND ON THE MAP W/RFN THIRTY DAYS AFTER THE COMPLETION OF THE REQUIRED IMPROVEMENT AND 71447 SUCH MONUMENTS ARE, 0R WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. (SEE LEGEND ON SHEET NO. 2) ROBER7 J. BATEMAN. L.S. 7046 B47E LICENSE EXPIRES DECEMBER 31. 2006. CITY ENGINEER'S STATEMENT: 1. ROBERTO S4UCE00, PUBLIC WORKS DIRECTOR, OF THE CRY OF NATIONAL CITY, CALIFORNM, STATE THAT I NAVE EXAMINED THIS MAP; MAT THE SUBDIVISION 15 SUBSTANTIALLY THE SANE AS IT APPEARED ON THE TENTATIVE AMP AND ANY APPROVED ALTERATIONS THEREOF, TINT ALL PROVISIONS OF THE SUBOMSION AMP ACT OF THE STATE OF CAUFORNIA AS AMENDED. AND ANY LOCO. ORDINANCE OF SAID CRY APPLICABLE AT THE TIME OF THE OF THE APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH, AND I AM SATISFIED THAT SAID AMP IS TECHNICALLY CORRECT. ROBERTO SAUCE00, PUBLIC WORKS Mt R.C.E. 29671 EXPIRES: 03-31-07 DATE: RECQtgalattsonacrari FILE N0. 1, GREGORY J. SMITH, COUNTY RECORDER OF THE COUNTY OF SAN DIEGO CALIFORNIA, HEREBY CERTIFY THAT I HAVE ACCEPTED FOR RECORDATION THIS 144P FLED AT THE REOUEST OF ROBERT J. B4TEIA41. 7HIS_DAY OF 2006, AT_O'CLOCK .M. GREGORY J. SMRH COUNTY RECORDER BY DEPUTY COUNTY RECORDER FEE: $ 13.00 NAD. 83 1827-6297 A.P.N. 555-053-7 7 J.N. 00000 MAP NO. N 1747'06' W 331.07' 321.07' (-0.93' PER R-1) $ 0 2 0 4- 07 1 . 12 11 a al 0 10 L.__ CASE FILE NO.S-2003-5 / CUP-2003-22 IN THE CITY OF NATIONAL CITY 10.00' FOUND LEAD dt DISC STAMPED RCE 19073" PER R.O.S. i4492 (POINT 11238) N.1824060.13 E=6301309.81 OAYO COMBINATION SCALE FACTOR 1.0000233 CCS ' 891 VENUE AVENUE 33.92 2 :n p 2 1 10 PROCEDURE OF SURVEY N 17.45.44" FOUND 2.5" BRASS DISC IN MON. WELLS PER R.0.5. 14492 (PONT 11230) N=7826652.32 E=6297641. B7 COMBINATION SCALE FACTOR 1.0000237 F p 79 p p I I I I� II WWI II" III 1IE!QII N 1746'44- W AK- N 1745'15_ W 330.62' (330.58' PER R-1) / 330.34' �) 250.5.9' (250.54' PER R-2) 1 250.33' (250.27' PER R-I T. PARSONS ADDITION N^ N BLOCK 2 70 NATIONAL C)7Y rc 20 i91811,115115I141i3 72 11 BASIS OF BEARING NOT TO SCALE HQIF.,L' TOTAL AREA OF MAP IS 1.338 ACRES. TOTAL NUMBER OF LOTS = 2 B 16 17 0 ¢ a s rc W.C. KUdBALL S SUB. a 10-ACRE LOT 1 wa ww w a as 10-ACRE LOST 2 a a BLOCK 2 1Y1' C. KJMBAll S SUB 8 ¢ w na 1 1 1 1 1 1 6660----- oz E 660.6B' 660.67' PER R-7) ,' ( 330.34' - - 250.33' (250.57' PER R-2) 1 BLOCK 21 rcp �� 21 1918I17I16I15I14I131211� ¢ e^ 1 sae N N 40.00 ` 1 40.00' m ry N 1746'47" W 330.41 (330.39' PER R-1 250.39' (250.39' PER R-2 Y. PARSONS ADDITION TO NATIONAL CITY 9 BLOCK 17 6 10-ACRE LOT 8 1 MAP 57 1 nN 250.23 _ N 1746_45' W 330.21' (330.22' PER R-1) O NATIONAL �ININImImI 11'.1 �Ir 40.00 iO.W 0. 1�40.00 BLOCK 8 1 IA+ 348 1 1 1 em aro 1 1 Ai A P. 10,5I $ a ro v6jW Fi V6I ___-_ma 6 O, p 50I9I51716 du o0 �AIP 1DSJ r : N'°11H 250.29 250 71' PER 47-2) 80 00 17'46'00"W AVENUE 330.29' (330 27' PER R-1) 250.26' (250 30' PER R-2) (C B DOCK 1 e ll AR. 1 I PAR.2 C 9 1C t p I. 250.291 (250.52' PER R- ) 650.58' (560.55' PER R-1 330.29' (330.27 PER R-1) 250.28 (250.41' PER R-2) 2C1918I77I15I15I11312 11 ak rczN'` ^N W.C. KIMBALL'S SUB. rc 1-. a 2 10-ACRE LOT 1 aZIAA- 1 I MAP 1051 $ qOq wlaN NI` t,t1CvN• i 6000' 60.00' 330.23 (330.21' PER R - I ) N 1 r45'44' w CITY P.M. 5545 I BLIO ICIK 11I I n 01911817115115 14113 1211 II W.C. KIMBALL'S SUB.I n a _ 04 110- ACRE 1121345 6 ,i O 44 r d w - LOY 2� M I$ 7 819110 1 IMAlP 70t51 2 0. 4J (L59.35 PER - ) 330.23' (330.22' PER R-1) ( I Z 660 46 (660 43 PER R-1) O BOULEVARD PAR, 1 P.M� PAR. 2 I 9 3 4 5 SHEET 2 OF 3 SHEETS CONVERGENCE ANGLE AT STATION 1230 GRAPHIC SCALE 100 0 50 100 200 400 (O Nam ) 1 PAM - 100 1T. BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS SURVEY IS THE N40 83 CAUFORNL4 COORDINATE SYSTEM ZONE 6 EPOCH 1991.35 AND IS DETERMINED BY CPS MEASUREMENTS TAKEN ON OCTOBER 25. 2005 AT POINTS r.4 AND MI AS SHOWN HEREON. THE POINTS WERE ADJUSTED 0 GPS`STATION 1230 AND CAPS STATION 1236 PER RECORD OF SURVEY 14492. Q - QB = N 77'45.4! W GUOTED BEARINGS FROM REFERENCE MAPS OR DEEDS MAY OR WY NOT 8E IN TERMS OF SAID 5Ts1LM. THE COMBINED SCALE FACTOR AT STATION 1230 15 1.0000237 GRID DISTANCE = GROUND OLSTANCE' X C0M81NED SCALE y�y11MFFli' L FT,FND' - A INDICATES FOUND STANDARD STREET MONUMENT (M- SD) WTTH BRASS DISK PER CBI. OF NATIONAL CITY 0RA'M&G N0. 4544-0, EXCEPT AS NOTED ■ INDICATES FOUND LEA) AND TACK DE A:1 NOTED. SL6 50NUML.'<1 NOTES. O INDICATES SET LEA) AND DISC STAMPED 'LS. 7046'. INDICATES RECORD DATA PER MAP NO. 105 , EXCEPT AS NOTED. (( )) INDICATES RECORD DATA PER MAP NO. 57. IN01CA7E5 SUBDIVISION BOUNDARY. () R - 1 INDICATES RECORD DATA PEP CRY OF NA00PNL CITY DRAWING N0. 4544-0. R-2 INDICATES RECCR0 DATA PER WY OF 14ATION.L CNY SURVEY Tlr POINT DRAWING NO. 1503-L. A❑ - NORTHING - 7826762.32 FASTING - 6297984.8i* 08 = NORTHING - 1826733.34 EASRNG - 629818E.35 A.P.N. 555-053-17 00000 SAN DIEGO LAND - '4VEYING AND ENGINEERING, INC 9665 CHESAP£A" _')VE, SUITE 445 SAN DIEGO, CAC. :A 92723 (858) 565-8362 16. al w a 6. 60 CASE FILE NO.S-2003-5 / CUP-2003-22 IN T. PARSONS ADDITION 70 NATIONAL CITY 10-ACRE LOT B 'MOCK 2 MAP 57 5 4 3 2 1 1 4- N 7746'47" W 330.41' Jr, I 1250,39' ((250')) (250.39' PER R-2)1 T. PARSONS ADDITION 70 NATIONAL CITY BLOCK 1 1 0 9 B I 7 10-ACRE1107 8 I MAP 57 250.32' ((250')) Tidl _ W a 80.00' 40.00' I 40.00' 8 ry 250.31' ((250')) S EASEMENT FOR STREET PURPOSES 4 TO CITY OF NATIONAL CITY PER DEED RECORD MARCH 30, 1994 AS DOC. N0. 1994-0/09137 OF OFFICAL RECORDS L O T 1 0.675 ACRE N 1746'45' W 250.23' ((250')) (250.75' PER BLOCK 2 --- 10-ACRE LOT 1 I MAP 105 10 W.C. KIMBALL'S SUB. Ra IeIB1716I— N 1746'00 8 THE CITY OF x d 7n MAP 14245 7 Id 4 AVENUE r 0 gO : l 4 330.29' \ I 1250.28' (15 ) 250,30PER R-1) I 11 20 31 0 C X '1 W.C. XIMBAll'S SUB. - h� I I I I I -f W" ' 19 1B In I16 15 IH 115 12 W4, 10-ACRE 1071 $i =d ,8 MAP 105 I 1 1 I50.28' (250') I `' 1 N /745_52' W _ 262,26' ,n /' 6.00' 250,26 (251) . 1 1 i i3g 6.0E1 W .�W ON zaW rvJ _ { op '4_ . 2.00'I2,00' / I IT 1i R-2) 1I� S 17.46,5" E 260.23' 1 -- - " N 1746'45' W 330.21. 4 \ ti SW CDR. LOT 8, 7/4 SEC. 755, PER MAP 766 NATIONAL 40.00' BLOCK B MAP 343 CONVERGENCE ANGLE AT STATION 7230 GRAPHIC SCALE 50 0 15 50 100 ( IY Yam) 1 BIC11 - 50 R. 0 0 h z 200 IFOUND 2.5" BRASS DISC 1N--4 MON. WELL PER R.O.S. 14492 (POINT /1230) N� 1826652.32 E-6297641.87 COMBINATION SCALE FACTOR 1.0000237 SAN DIEGO LAND SURVEYING AND ENGINEERING, INC 9665 CHESAPEAKE DRIVE, SUITE 445 SAN DIEGO, CALIFORNIA 92123 (858) 565-8362 L O T 2 0.663 ACRE N 1745'44' W 4 250.24' (250') (250.26' PER R-2) 1 8 81 N 17'45.44' W 262.24' 1 '6 "+ N 1745'44" W 330.23' 80.00' 40.00 40.00 CITY BOULEVARD PARCEL 1 MAP NO. NATIONAL CITY PAR. 1 I PAR. 2 P.M, 55451 20 19 IB "5 C BLOCK 1 SHEET 3 OF 3 SHEETS PAR 3 I 9 I10 MAPIID5 7 17 16 15 14 13 12 ICI M8ALL'S SUB. I I 1 I 11 1 1 1 10-AC IE LOT 2 C.R. 16240 3 4 I 5 I 6 7 B III APTOII 1 II TS 1 gi N 1745'44' W PARCEL 2 P,M. 19345 r PARCEL 4 MONUMENTATKMI NOTFC. O INDICATES FOUND LEAD & OLSC 'R.C.E8195' PER C.R. 17127 AND C.R. 9675. O INDICATES FOUND LEAD tr DISC STAMPED 'LS. 5562" PER MAP N0. 14245. 330.23' 11 9 10 PARCEL 3 NAD. 53 1827-6297 A.P.N. 555-053- 7 7 I J.N. 00000 )3-5 / CUP-2003-22 IN THE CITY OF NATIONAL CITY FOR CONDOMINIUM PURPOSES BEING A SUBDIVISION OF: LOTS 1 THROUGH 10 INCLUSIVE, IN BLOCK 1, OF E. C. KIMBALL'S SUBDIVISION OF 10-ACRE LOT 1, QUARTER SECTION 154 OF NATIONAL CITY, RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 105, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 10, 1887. LOTS 1, 2, 3, 4 AND 5 IN BLOCK 1 OF T. PARSONS ADDITION TO NATIONAL CITY, BEING A SUBDIVISION OF 10-ACRE LOT 8 IN QUARTER SECTION 155 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 57, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, APRIL 26, 1881. SUBDIVISION GUARANTEE BY: CHICAGO TITLE COMPANY. ORDER NO. 43040443-U50 DATED: 4-27-20o& TAX CERTIFICATE 1, THOMAS J. PASTUSZKA, CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO, CALIFORNIA, HEREBY CERTIFY THAT THE PROVISIONS OF THE SUBDIVISION MAP ACT (DIVISION 2 OF TITLE 7 OF THE GOVERNMENT CODE) REGARDING (a) DEPOSITS FOR TAXES AND (b) CERTIFICATION OF THE ABSENCE OF LIENS FOR UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT THOSE NOT YET PAYABLE, HAVE BEEN COMPLIED WITH. THOMAS J. PASTUSZKA CLERK OF THE BOARD OF SUPERVISORS SURVEYOR'S STATEMENT 1, ROBERT BATEMAN, A PROFES. CALIFORNIA, .STATE THAT THE SL UNDER MY DIRECTION BETWEEN SURVEY IS TRUE AND COMPLETE CHARACTER INDICATED HAVE BEE CORNERS; AND I WILL SET ALL THE POSITION INDICATED BY THI THE COMPLETION OF THE REQU ARE, OR WILL BE SUFFICIENT T, LEGEND ON SHEET NO. 2) ROBERT J. BAT'EMAN, L.S. 704 LICENSE EXPIRES DECEMBER 3 DATE CITY FNCAIFT cryN -A r w <a s0;'; ,A,„r„ City of National City, California COUNCIL AGENDA STATEMENT —MEETING DATE July 18, 2006 AGENDA ITEM NO. 10 / ITEM TITLE Resolution of the City Council of National City approving a contract agreement between the City and Harris & Associates for Not to Exceed amount of $48,000 for one year period to provide engineering services to repair and monitor the City's automated traffic signal control system at the City Hall and maintain the communication system in the field, and authorizing the City Engineer to execute the agreement (funding through Gas Tax) PREPARED BY Din Daneshfar Engineering Ext. 4387 DEPARTMENT EXPLANATION See attached explanation. Environmental Review X N/A Financial Statement Total contract amount is for $48,000. The funds are available in the following accounts: 109-409-500-598-6557 ($38,610) and 109-409-500- ($114,650) Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMEN ION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Contract Agreement A-200 (9/80) RE: Resolution of the City Council of National City approving a contract agreement between the City and Harris & Associates for Not to Exceed amount of $48,000 for one year period to provide engineering services to repair and monitor the City's automated traffic signal control system at the City Hall and maintain the communication system in the field, and authorizing the City Engineer to execute the agreement (funding through Gas Tax) The City of National City has invested federal Congestion Management Air Quality (CMAQ) funds annually from 1989 to 2003 on the installation of the City's existing fiber optic cable network in the field, and used a portion of the first year's allocation to install an automated traffic signal control system (QuicNet 4 System) at the City Hall. The City of San Diego has recently completed its Regional Fiber Optic Cable installation (South Bay Traffic Signal Interconnect Project) through National City. As a part of the project fourteen traffic signals have been interconnected and added to the City of National City's existing system in the field. These interconnected traffic signals are located on Highland Avenue between Chula Vista and San Diego boundaries and on 8th Street between Palm Avenue and Roosevelt Avenue. The City's entire interconnected traffic signals are located on the following streets: National City Boulevard (8th to 30th Streets), 30th Street (National City Boulevard to Euclid Ave), Euclid Avenue (30th to Division Streets), Plaza Boulevard (Roosevelt Ave to Plaza Blvd), 8th Street (Palm to Roosevelt Ave), and Highland Avenue (30th to Division Streets). There are currently forty-nine traffic signals that are interconnected in the field. The total number of the existing traffic signals in National City is seventy-four excluding California Department of Transportation (Caltrans) traffic signals. Caltrans traffic signals will not be on the City's system, however, the City will coordinate with Caltrans to make some timing adjustment. Caltrans has thirteen traffic signals in the City of National City jurisdiction. Due to the irregular use of the QuicNet system, the existing system has degraded. Some sections of the fiber optic cables had been disturbed/disconnected due to various construction activities in the field. In addition, the original signal timing schedules had been modified by the daily maintenance activities. Based upon the existing as -needed contract, the City requested Harris & Associate to provide engineering services and restore/ update the City's QuicNet system. The consultant has recently completed the work. The work included restoration of the QuicNet system, upgrading of the main server, and repair of modems in the signal control cabinets in the field. The Consultant also inspected the City of San Diego's work in order to verify that the South Bay Interconnect project was properly completed in National City. The fiber assignments were documented and returned to proper configuration. The communication was restored for 33 intersections. Now, in order to maintain the system in operation and keep it up-to-date, the system will require daily maintenance. 1 The purpose of this resolution is to obtain an approval for a maintenance contract (attached) with Harris & Associate with a 12 month not to exceed duration clause. The scope of work will include the incorporation of the fourteen new traffic signals (installed by City of San Diego) into the QuicNet system at the City Hall, retiming, and coordination of all the traffic signals on the system within the first three months. This work will cost $24,360 for the first three months. After three months the consultant will continue with the regular maintenance of the system until the contract is terminated at the end of the 12th month. The regular maintenance cost will be $2,625 per month. The total cost will be deducted from the Gas Tax funds that are earmarked for traffic signal monitoring/upgrading purposes.. The total cost for the 12 months will be $48,000. The attached scope of work (Exhibit "A") shows the detailed tasks. It should be noted that the attached figure one shows only the interconnected traffic signals. 2 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND HARRIS AND ASSOCIATES THIS AGREEMENT is entered into this 18th day of July, 2006, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Harris and Associates, a Corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide Traffic Engineering Services to repair and monitor the City's automated traffic signal control system at the City Hall and maintain the communication system in the field. WHEREAS, the CITY has determined that the CONTRACTOR is a professional engieering firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "A"to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 15% from the base amount. Revised April 2005 3. PROJECT COORDINATION AND SUPERVISION. Din Daneshfar hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Javier Saunders 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 Project Manager. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". The time duration shall not exceed 12 months. 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. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City 3 Revised April 2005 business license prior to and during performance of any work pursuant to this Agreement. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the. CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, 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 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 proportionate extend caused by the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said 5 Revised April 2005 acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of 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. H. Any aggregate insurance limits must apply solely to this Agree- ment. 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 6 Revised April 2005 dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60- day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. 7 Revised April 2005 E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal 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: Stephen M. Kirkpatrick City Engineer City of National City 1243 National City Boulevard National City, CA 91950-4301 To the CONTRACTOR: Javier Saunders Regional Manager Harris And Associates 750 B Street, Suite 1800 San Diego, CA 92101 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify 8 Revised April 2005 any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ® If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions.. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. Scope of Work (EXhibit "A") 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. 9 Revised April 2005 G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. 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 !Hare and>Assoclates (Corporation signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — one signature) By: By: Nick lnzunza, Mayor (Name) APPROVED AS TO FORM: VILE 1,41-5b9eAir (Title) By: George H. Eiser, III City Attorney (Title) 125 6o l0 ri--- t-A.v7,'" KCtC i- 10 Revised April 2005 EXHIBIT "A" SCOPE OF WORK Task 1- Configure New Signals Our recent efforts of inspecting the South Bay Interconnect Project has prompted the City of San Diego to coordinate with the construction contractor and complete the work necessary to communicate with the 14 locations. Now that this work is complete we are able to configure the QuicNet master and local intersection software to bring the new locations online. The locations are shown on Figure 1. Incorporating the 14 new locations will include the following effort: • Develop a matrix to configure the new locations through the communication port. • Set the communications parameters in the local controllers. • Set the controller parameters in the QuicNet database. • Verify controller operation and upload and save the controller database. • Update the system map and create the intersection icons. • Create the real time intersection graphic operational display. • Group the intersections for plan operations. It is important to note that the true test of completeness will be configuring the intersections on the system and verifying communication. The City of San Diego has advised that the South Bay interconnect contractor has completed the necessary work to provide communication with the 14 locations and this is the basis of our estimated effort. If the South Bay interconnect is not complete further effort will be required. Upon completion of this task we will schedule a walk through with City of San Diego staff, to show the final results, as they have expressed interest in seeing the South Bay Interconnect system in operation. At present, the City of National City will be the first city on the South Bay system to be successfully operating the interconnect. Task 2- Establish Traffic Signal Coordination A review of the QuicNet database has provided that the City's traffic signal coordination is mostly non-functional. This is primarily due to system disrepair and routine maintenance activities deleting previously established coordination parameters due to complaints or detection problems. EXHIBIT A-1 Harris Associates This task will establish valid coordination timing for the overall system coverage including the 35 original intersections and 14 new intersections. Establishing system -wide traffic signal coordination will include the following effort: • Review and compare available timing plans in the existing QuicNet database against local controller data. • Investigate timing parameters at several locations to find out why there were maintenance changes. • Research available documentation for traffic count data. • Create a rudimentary analysis model to provide initial cycle length and offset parameters, especially for the 14 new locations. • Implement time of day (AM, off-peak, and PM peak) coordination where appropriate. • "Stand on the corner" to observe and adjust cycle length, offset, and force offs for coordinated operation. • Coordinate with the City's signal maintenance contractor and prevent any newly established communication and/or coordination data from being deleted. This effort utilizes the most economical approach possible to establish valid coordination timing across the system. In the future, coordination studies would be based upon newly collected traffic count data and an -in depth analysis, based upon accepted procedures for optimizing traffic signal operation. Task 3- Project Management and Monthly Meetings. This task will provide for one kick-off meeting and follow up meeting for task one (1) and two (2). We will provide meeting agenda and minutes. During the monthly maintenance period, 2.5 hours a month for one meeting and minutes is assumed. Task 4- Operation and Maintenance of QuicNet System At the onset of this project, KOA will apply a regular maintenance routine to monitor the QuicNet system. We will utilize system features such as the map status interface and alaini reporting to monitor the system. The system operation and monitoring will be accomplished via the remote connection on the designated workstation in the KOA Old Town office. The following is a list of some of the routine maintenance activities: • Alarm Report Setup — System alarm options will be setup to report and log alarms that may include: stop time, cabinet flash, manual, memory error, door open, detector failure, and offline. EXHIBIT A-2 Nan.is ?Y 4sEacd::t.f • Alarm Log Check — Approximately twice per week, the system alarm reports will be checked. Any abnormalities will be investigated. • System Status Check — On an approximately daily basis the system interface will be checked for system status and to verify the proper operation of timing plans. • Field Verification — Any system issues that are not readily discernable through system operation will be field verified. Issues may include: hardware and software problems, traffic signal timing inquiries made by the public and/or City staff. We will provide responses to residents if desired, upon the conclusion of these investigations. • Maintenance Staff Coordination — We will coordinate with the City signal maintenance contractor to address any intersection detector and general equipment failures. • Test Runs — KOA staff will drive the City's coordinated system on an approximately monthly basis to make observations and verify the overall operation to ensure coordinated systems are functioning properly and effectively. • Fine Tune Adjustments — Fine tune adjustments of coordination plans will be made based on test run observations. The changes will generally include offset and split times, but could also include cycle length and schedule adjustments. • Signal Timing Charts — Timing charts will be prepared and maintained showing all information required for data entry and programming of each intersection. The chart will be displayed in each intersection cabinet. Additional Maintenance Activities The following maintenance activities occur less frequently than the items listed above. The effort required to perform these activities may be able to be completed within the task or may require extra work dependant on the effort required. • Construction or Special Events — KOA will implement temporary timing changes for construction or special events as requested by the City. • General Operational Issues — At locations where physical improvements may be desirable, we will advise the City of potential needs and suggest general courses for corrective action. • Signal Turn On or Modifications — New or modified timing parameters will be prepared for new or modified traffic signals. Each timing chart will comply with accepted practices for tuning parameters. Each location will also be added to the QuicNet system. • Coordination with Other Agencies — We will closely coordinate with adjacent agencies including Caltrans, the City of San Diego, and the City of Chula Vista to address cross - jurisdictional signal timing issues. • Coordinate with City MIS Department to establish a remote connection to the City's engineering department and provide training to City employee. Training is a short introduction to the function and operation of the traffic interconnect system and server. EXHIBIT A-3 SI :3TTlf Ractnr+nt It is important to note that upon completion of Task 1 and Task 2, system operation and maintenance will become more streamlined Also, a number of the items listed above will be required more or less frequently than others. Task 5 - Additional As -Needed Tasks Similar to the tasks completed for the system restoration project, additional services relating to traffic signal design, signal timing, review of plans for traffic signal improvements, and construction services may also be provided. Harris will provide additional services on an as needed basis. The additional services may include the following areas that also relate to the operation of the signal system: • Traffic studies relative to traffic signal coordination. • Traffic signal design of new traffic signals. • Traffic signal design/modifications of existing traffic signals and/or interconnect system, including required intersection modifications. • Traffic signal construction management and inspection services. • Plan check of traffic signal plans, traffic control plans, and traffic signing and striping plans. • Meetings requested to attend including Public Hearings, Public Forums, pre -construction meetings, coordination/planning meetings, and meetings in addition to these identified. • Any other traffic -related projects are directed by the City of National City. EXHIBIT A-4 ELI grAg Harris & Associilte PROPOSED FEE AND SCHEDULE Table 1 Estimated Schedule and Fee Task Measure Hours Rate Direct Costs Total Schedule Task 1 Configure New Signals 14 signals 60 $100 per hour$100 $6,100 1 month Task 2 Establish Traffic Signal Coordination 50 signals 150 $100 per hour $500 $15,500 3 months Task 3 Project Management & Meetings 1 meeting per month (if needed) 4 $150 per hour 0 $600.00 Monthly only if needed Sub -total tasks 1-3 $22,200.00 S ub-Consultant Mark -Up 10% $2160.00 Total tasks 1-3 $24,360.00 Task 4 System Operation and Maintenance 50 signals 22.5 per month (20hrs)$110 per hour (2.5hrs)$150 per hour $50 per month $2,625 per month monthly Task 5 As Needed Tasks Estimated on an as needed basis. To develop the estimated fee, it was necessary to develop level of effort estimates for each of the tasks on a per intersection basis. Tasks 1, 2, and 3 require the most significant level of effort and will be complete 3 months from the notice to proceed for a combined fee of $24,630. It is expected that Task 4 will include approximately daily monitoring of system operations through the QuicNet remote connection and field visits. Also anticipated are test runs, modifications to and development of signal timing charts, and modification to system settings to accommodate changes to the system. The estimated fee for Task 4 is $2,625 per month. The City can elect the length of time based on the City's budget. Task 5 lists as -needed tasks that may be requested by the City. The estimated fee for these types of work will be estimated on an as -needed basis at the time of request. EXHIBIT A-5 fl Harris ?; Ai;sociate Not To Scale June, 2006 Katy ',kits,' & Associates Tr,qu mis,a Innol Phrvu: Figure 1 QuickNet4 System LEGEND ® Configure New Signal Off Line Signal 1. Manual Online (Not Coordinated) Online Plan Control City of National City Signal Syst storation ExpGrpStat.rpt 07/05/2006 11:38AM Expenditure Group Budget Report Page: 1 CITY OF NATIONAL CITY 7/1/2005 through 6/30/2006 109 GAS TAXES FUND 409 NON -DEPARTMENTAL Account Number 500 CAPITAL IMPROVEMENT PROGRAM 500-500 Capital Outlay 500-598-1564 STREET SWEEPER 500-598-6007 WIDEN DIVISION/EUCLID-DREXEL 500-598-6035 RESURFACE VARIOUS STREETS 500-598-6056 REMOVAL OF PEDESTRIAN BRIDGE (WODEN ST) 500-598-6101 N.C. BLVD BRIDGE 500-598-6102 SLURRY SEAL & STREET MAINT. PROGRAM 500-598-6113 REPLACE STREET SIGNS 500-598-6115 PAVEMENT MANAGEMENT SYSTEM 500-598-6127 ADA PED. RAMPS 95-96 500-598-6134 INSTALL PEDESTRIAN RAMPS 500-598-6135 REINSTALLATION OF STREET LIGHTS 500-598-6136 PAVEMENT MGMT SYSTEMS UPDATE 500-598-6137 CURB, GUTTER, SIDEWALK 500-598-6143 RECONST. ROOSEVELT/4TH/MAIN 500-598-6145 RECONST. ROOSEVELT 4TH TO 7TH 500-598-6153 REINSTALLATION STREET LIGHTS 500-598-6161 SWEETWATER ROAD IMPROVEMENTS 500-598-6162 TRAFFIC STRIPING/THERMOPLASTIC MARKINGS 500-598-6200 REPAIR & MAINT BRIDGES, VARIOUS 500-598-6542 TRAFF SIGNAL (NEW) 95-96 500-598-6555 TRAFFIC SIGNAL INTERCONNECTION 05 0 59 - 557 TRAFFIC MONITOR' 500-598-6558 .UPI .S,RADING TRAFFIC SIGNAL 500-598-6559 TRF SGNL1228/NTL/PLZ/OLV 96-97 500-598-6560 TRAFFIC SIGNAL INSTALLATION 500-598-6562 CITY WIDE SRVY/UPGRDNG TRF SGL 500-598-7062 MISC. STORM DRAIN WORK Total GAS TAXES FUND Adjusted Year-to-date Year-to-date Prct Appropriation Expenditures Expenditures Encumbrances Balance Used 0.00 0.00 722,945.46 0.00 0.00 586,460.60 30,000.00 60,000.00 0.00 100, 000.00 250,168.00 54, 305.70 234,442.00 0.00 0.00 13,164.00 120,559.36 0.00 0.00 0.00 0.00 70, 326.00 10,144.00 4,106.00 0.00 319,526.00 2,710,147.12 0.00 0.00 104,795.48 0.00 0.00 0.00 18,464.28 0.00 0.00 89, 993.54 0.00 0.00 129,995.68 0.00 0.00 0.00 118,339.36 0.00 0.00 0.00 6-98 52,034.28 4.843 30 0.00 0.00 0.00 0.00 518,465.92 0.00 0.00 104,795.48 0.00 0.00 0.00 18,464.28 0.00 0.00 89,993.54 0.00 0.00 129,995.68 0.00 0.00 0.00 118,339.36 0.00 0.00 0.00 52,034.28 4,843.30 0.00 0.00 0.00 0.00 518,465.92 0.00 0.00 423,698.10 0.00 0.00 10,212.60 10,217.30 0.00 0.00 9,800.72 0.00 1,885.70 26,066.08 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,744.92 0.02 0.00 0.00 0.00 0.00 486,625.44 0.00 0.00 194,451.88 0.00 0.00 576,248.00 1,318.42 60,000.00 0.00 205.74 250,168.00 52,420.00 78,380.24 0.00 0.00 13,164.00 2,220.00 0.00 0.00 0.00 0 00 77,220 80 65,482.68 10,144.00 4,106.00 0.00 319,526.00 1,705,055.76 0.00 0.00 73.10 0.00 0.00 1.74 95.61 0.00 0.00 99.79 0.00 3.47 66.57 0.00 0.00 0.00 98.16 0.00 0.00 0.00 0.00 42.37 6.89 0.00 0.00 0.00 0.00 37.09 Page: 1 ExpGrpStat.rpt 07/05/2006 11:38AM Expenditure Group Budget Report Page: 2 CITY OF NATIONAL CITY 7/1/2005 through 6/30/2006 Grand Total 2,710,147.12 518,465.92 518,465.92 486,625.44 1,705,055.76 37.09 Page: 2 RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO EXECUTE AN AGREEMENT WITH HARRIS & ASSOCIATES FOR THE NOT TO EXCEED AMOUNT OF $48,000 FOR A ONE-YEAR PERIOD TO PROVIDE ENGINEERING SERVICES TO REPAIR AND MONITOR THE CITY'S AUTOMATED TRAFFIC SIGNAL CONTROL SYSTEM AT THE CIVIC CENTER, AND MAINTAIN THE COMMUNICATION SYSTEM IN THE FIELD WHEREAS, the City desires to employ a contractor to provide engineering services to repair and monitor the City's automated traffic signal control system at the Civic Center, and maintain the communication system in the field; and WHEREAS, the City has determined that Harris & Associates is qualified by experience and ability to perform such services desired by the City, and Harris & Associates is willing to perform such services for the not to exceed amount of $48,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to execute an agreement in the not to exceed amount of $48,000 with Harris & Associates to provide engineering services to repair and monitor the City's automated traffic signal control system at the Civic Center, and maintain the communication system in the field. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 18th day of July, 2006. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT July 18, 2006 MEETING DATE 11 AGENDA ITEM NO. Resolution of the City of National City approving Change Order Number One to Fortillo / ITE MCJIM, Inc. for Highland Avenue Medians Phase I- E.8th St. to E. 16th St., Spec. No. 05-05, in the amount of $63,112 for additional work on various items and additional four (4) new Pedestrian Ramps, and authorizing the City Engineer to approve and sign the change order. Funding for this project is provided by Community Development Commission. PREPARED BY Alberto Griego DEPARTMENT Engineering Ext. 4386 EXPLANATION See attached Explanation Environmental Review x N/A Financial Statement The total budget fokthe project was estimated to be $1,506,700. Funding for this Change Order is available through Community Development Commission Account Number 900210. Account No. STAFF RECOMMENDATION Adopt the esolution ( x BOAR[3'/f O MIS iON R COMMENDION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Contract Change Order No. One Resolution No. A-200 (9/80) Ccporlillo Resolution of the City of National City approvin Change Order Number One to Portillo Concrete, Inc. for Highland Avenue Medians Phase I - E. 8t St. to E. 16th St., Spec. No. 05-05, in the amount of $63,112 for additional work on various items and additional four (4) new Pedestrian Ramps, and authorizing the City Engineer to approve and sign the change order. Funding for this project is provided by Community Development Commission. Explanation: On December 20, 2005, by Resolution No. 2005-268, the City Council awarded a contract to Portillo Concrete, Inc. for the Highland Avenue Medians Phase I — E. 8th St. to E. 16th St. Improvements Project, Spec. No. 05-05. After the contract was awarded, it was noted that additional Removal of Street Section, Remove and Replace Street Section, 1 %" A.C. Overlay, and Remove and Replace Existing Street Section (Dig Outs), Crushed Miscellaneous Base and Manholes to be adjusted to grade, were needed along Highland Avenue. This was due to having an uneven surface caused by many utility trenches that were dug before, therefore increasing the thickness of pavement from 1 %Z" to 2" and 2 %" so as to level the new roadway, and also remove and replace existing street section (dig outs) in a 120 foot long by 6 foot wide section of pavement that was deteriorated and cracked beyond repair on the west side between Wa1-Mart and the 99-cent store. New items are in the capping of an abandoned storm drain with concrete, and four (4) new pedestrian ramps that were not considered in the original design. These items and the above represent an increase of $101,477 to the contract. Certain items were decreased in quantity due to not having needed them and therefore will receive a reduction in payment. Among these are the 8" type B Median Curb, the Crushed miscellaneous Base, the Cold Milling that was not used extensively as originally thought due to dig -outs and the new length of pavement, reduction of traffic loops at the Wal-Mart and South Bay Plaza Shopping Traffic Signal at Highland Ave. crossing because it is interconnected to the Plaza Blvd. and Highland Ave. traffic signal and did not them, the use of less Class A top soil, Horizontal and Vertical Root Barriers due to the relocation or deletion of trees in the median where utilities were encountered. All this represents a savings of ($38,365). Engineering staff is recommending the approval of a Change Order Number One to Portillo Concrete, Inc. in the amount of $63,112 which is the difference between the increase and the decrease in item quantities. This will increase the current cost of the original contract from $1,159,000 to $1,222,112. CONTRACT CHANGE ORDER NO. 1 DATE: 7/18/06 PROJECT: TO: Highland Avenue Medians Phase I E.8"' Street to E. 16th Street Improvements Project Specification No. 05-05 Mario Portillo, President Portillo Concrete, Inc. 3528 Harris St. Lemon Grove, CA 91945 DESCRIPTION OF CHANGE: This change order is written to add work to item numbers 7 thru 10, 12 thru 17, 19 thru 21, 24 thru 26, and add items 38 and 39 to the contract Current Contract Adjusted Contract (CO #1) No Item Unit Bid Qty Unit Price Amount Qty Unit Price 1 Amount 1 Mobilization LS 1 92,000.00 92,000.00 1 92,000.00 92,000.00 2 Traffic Striping and Signage (including paint and protective coatings) LS 1 25,000.00 25,000.00 1 25,000.00 25,000.00 Traffic Control LS 1 50,000.00 50,000.00 1 50,000.00 .50,000.00 4 Pollution Control Measures LS 1 15,000.00 15,000.00 1 15,000.00 15,000.00 5 Clearing and Grubbing LS 1 25,000.00 25,000.00 1 25,000.00 25,000.00 6 Irrigation Service LS 1 8,600.00 8,600.00 1 8,600.00 8,600.00 7 Adjust Manhole to Grade EA 7 250.00 1,750.00 13 250.00 3,250.00 8 Removal of Street Section (approx. 5" A.C./ 6" PCC) SF 6846 4.00 27,384.00 8488 4.00 33,952.00 9 Removal of Street Section (approx. 5" A.C) SF 10,215 1.00 10,215.00 10,594 1.00 10,594.00 10 Remove and Replace Existing Street Section (Dig Outs) SF 4,800 18.00 86,400.00 6827 18.00 122,886.00 11 Excavation and .Export of Soil at Medians CY 675 49.00 33,075.00 675 49.00 33,075.00 12 1 1/2" A.C. Overlay TON S 1,150 81.00 93,150.00 1637 81.00 132,597.00 13 8" Type "B" Median Curb LF 2,724 25.00 68,100.00 2,501 25.00 62,525.00 14 1' Wide Median Curb LF 967 25.00 24,175.00 1050 25.00 26,250.00 15 A.C. Backfill adjacent to Median Curb TON S 100 200.00 20,000.00 124.3 200.00 24,860.00 16 Crushed Miscellaneous Base CY 77 210.00 16,170.00 40 210.00 8,400.00 17 Cold Mill Existing Pavement SF 82,500 0.33 27,225.00 52,400 0.33 17,292.00 18 Trench and Resurface for Irrigation Line LF 254 100.00 25,400.00 254 100.00 25,400.00 Subtotal $716,681.00 Page 1 CONTRACT CHANGE ORDER NO. 1 Current Contract Adjusted Contract (CO #1, No Item Unit Bid Qty Unit Price Amount Qty Unit Price Amount 19 Replace Type 2 Detector Loop EA 60 350 21,000.00 40 350 14,000.00 20 Concrete paving w/ top seeded aggregate SF 4050 10.00 40,500.00 4,415 10.00 44,150.00 21 Concrete paving — std gray w/ 2x2 grid SF 210 6.00 1,260.00 212 6.00 1,272.00 22 Concrete mow curb-6" wide LF 14 30.00 420.00 14 30.00 420.00 23 Steel post bollard EA 10 300.00 3,000.00 10 300.00 3,000.00 24 Class "A" Top Soil CY 610 65.00 39,650.00 500 65.00 32,500.00 25 Root Barrier — Horizontal EA 46 54.00 2,484.00 39 54.00 2,106.00 26 Root Barrier — Vertical LF 1650 13.00 21,450.00 1607 13.00 20,891.00 27 Tree-36" Box EA 34 1,280.00 43,520.00 34 1,280.00 43,520.00 28 King Palm —18 Foot Brown Trunk Height EA 8 2,700.00 21,600.00 8 2,700.00 21,600.00 29 King Palm — 24 Foot Brown Trunk Height EA 4 3,900.00 15,600.00 4 3,900.00 15,600.00 30 Shrubs — 5 Gallon EA 412 38.00 15,656.00 412 38.00 15,656.00 31 Shrubs/Groundcover — 1 Gallon EA 4355 7.60 33,098.00 4355 7.60 33,098.00 32 Groundcover— Flats SF 1700 0.59 1,003.00 1700 0.59 1,003.00 33 Mulch CY 51 65.00 3,315.00 51 65.00 3,315.00 34 Complete Automated Irrigation System LS 1 128,700.0 0 128,700.00 1 128,700.0 0 128,70C 35 Soil Testing LS 1 1,100.00 1,100.00 1 1,100.00 1,100.00 36 Maintenance (90 days) LS 1 11,000.00 11,000.00 1 11,000.00 11,000.00 37 Electrical Lighting systems LS 1 106,000.0 0 106,000.00 1 106,000.0 0 106,000.00 38 PCC Cap over Storm Drain LS 1 1,500.00 1,500.00 39 Pedestrian Ramps EA 4 2,500.00 10,000.00 Previous Subtotal from page 1 $716,681.00 Total $ 1,159,000.00 $1,227,112.00 C.O. No. 1 Amount $63,112.00 DISCUSSION: Line Item No. 7 has been increased to provide compensation to the contractor for an additional six (6) Manhole Adjusted to Grade. Line Item No. 8 has been increased to provide compensation to the contractor for an additional 1,642 square feet of Removal of Street Section (approx. 5" A.C. / 6" PCC). Line Item No. 9 has been increased to provide compensation to the contractor for an additional 379 square feet of Removal of Street Section (approx. 5" A.C. Page 2 CONTRACT CHANGE ORDER NO. 1 Line Item No. 10 has been increased to provide compensation to the contractor for an additional 2,027 square feet of Remove and Replace Existing Street Section (Dig Outs). Line Item No. 12 has been increased to provide compensation to the contractor for an additional 487 tons of 1 '/2" A.C. Overlay due to unevenness of the existing pavement and to level the roadway. Line Item No. 13 has been decreased due to the deletion of 223 linear feet of 8" type "B" Median Curb that was not needed. Line Item No. 14 has been increased to provide compensation to the contractor for an additional 83 linear feet of 1' Wide Median Curb. Line Item No. 15 has been increased to provide compensation to the contractor for an additional 24.3 tons of A.C. Backfill adjacent to Median Curb. Line Item No. 16 has been decreased due to deletion of 37 cubic yards of Crushed Miscellaneous Base that was not needed. Line Item No. 17 has been decreased due to deletion of 30,100 square feet of Cold Mill of Existing Pavement that was not needed. Line Item No. 19 has been decreased due to deletion of 20 Replace Detector Loops that were not needed. Line Item No. 20 has been increased to provide compensation to the contractor for an additional 365 square feet of Concrete paving w/top seeded aggregate. Line Item No. 21 has been increased to provide compensation to the contractor for an additional 2 square feet of Concrete paving-std gray w/2x2 grid. Line Item No. 24 has been decreased due to the deletion of 110 cubic yards of Class "A" Top Soil that was needed. Line Item No. 25 has been decreased due to the deletion of 7 units of Root Barrier - Horizontal that were not needed. Line Item No. 26 has been decreased due to the deletion of 43 linear feet of Root Barrier - Vertical that were not needed. Page 3 CONTRACT CHANGE ORDER NO. 1 New Items Added Change Order No. 1 The lump sum price for Line Item No. 38, PCC Cap over Storm Drain is added at the City's request to provide compensation to the contractor for added protection to an abandoned storm drain crossing the median across from the stairway to the Price Breakers Store. The lump sum price for Line Item No. 39, Pedestrian Ramps is added at the City's request to provide compensation to the contractor for 4 pedestrian ramps meeting the ADA requirements that were not considered in the original contract. CONTRACT ADJUSTMENT: As a result of this change order the contract price is adjusted as follows: 1. The contract price is increased in the amount of $63,112 from the current contract price of $1,159.000 to a new contract price of $1,222,112. 2. The contract time is increased by five (5) working days. The contract completion date was previously established as Monday July 10, 2006. The new contract completion date is therefore established as Friday, July 14, 2006. This change order shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Portillo Concrete, Inc. will not be entitled to damages or additional payment for delays as described in the 1997 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. RECOMMENDED FO R P VAL BY: Alberto Griego, Assoc' to C 1 gmeer APPROVED BY: Mr. Mario Portillo, President Portillo Concrete, Inc. Page 4 D Date CONTRACT CHANGE ORDER NO. 1 Ms. Tina Portillo, Secretary Date Portillo Concrete, Inc. Stephen M. Kirkpatrick, City Engineer Date Page 5 RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO EXECUTE CHANGE ORDER NUMBER ONE TO PORTILLO CONCRETE, INC. FOR HIGHLAND AVENUE MEDIANS PHASE I - EAST 8TH STREET TO EAST 16TH STREET IMPROVEMENT PROJECT, SPEC. NO. 05-05, IN THE AMOUNT OF $63,112 FOR ADDITIONAL WORK ON VARIOUS ITEMS AND ADDITIONAL FOUR (4) NEW AND PEDESTRIAN RAMPS WHEREAS, the contract for the National City Highland Avenue Medians Phase I - East 8th Street to East 16th Street Improvement Project was awarded to Portillo Concrete, Inc. on December 20, 2005, by the adoption of Resolution No. 2005-268; and WHEREAS, after the contract was awarded, it was noted that -additional removal and/or replacement of street sections to correct an uneven surface and areas of pavement deterioration; and WHEREAS, the capping of an abandoned storm drain and the addition of four (4) new pedestrian ramps have been recently added to the project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to execute Change Order No. 1 with Portillo Concrete, Inc. in the amount of $63,112 for additional removal and/or replacement of street sections, capping of an abandoned storm drain, and the addition of four (4) new pedestrian ramps for the National City Highland Avenue Medians Phase I - East 8th Street to East 16th Street Improvement Project. PASSED and ADOPTED this 18th day of July, 2006. Nick lnzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney MEETING DATE July 18, 2006 City of National City, California COUNCIL AGENDA STATEMENT 12 AGENDA ITEM NO. ITEM TITLE Resolution Authorizing the Mayor to Execute an Amendment to the "City Makeover Program Grant \ Funding Agreement" between the Metropolitan Water District of Southern California (MWD) and the City of National City to Extend the Termination Date of the Contract from January 31, 2006 to March 15, 2007 and Extends the Milestone Dates for Grant Funds in the Amount of $75,000 for PREPARED BYandscape, Planting and Irrigation Fgawgfadise Creek Educational Park EXPLANATION Leslie Deese Community Services Phone: (619) 336-4242 Please see attached Report (Environmental Review N/A Financial Statement National City will receive $75,000 under the Metropolitan Water District's "City Makeover Grant Program." ST( AFF RECOMMENDATION Approve the Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Attachment 1: Staff Report Attachment 2: Resolution Attachment 3: MWD First Amendment to Project #68874 — Paradise Creek Educational Park Resolution No. A-200 (9/80) RE: Resolution Authorizing the Mayor to Execute an Amendment to the "City Makeover Program Grant Funding Agreement" between the Metropolitan Water District of Southern California (MWD) and the City of National City to Extend the Contract Termination Date from January 31, 2006 to March 15, 2007 and Extends the Milestone Dates for Grant Funds in the Amount of $75,000 for Landscape, Planting and Irrigation Features at Paradise Creek Educational Park The attached Resolution amends the Metropolitan Water District of Southern California (MWD) "City Makeover Program Grant Funding Agreement" to extend the contract termination date from January 31, 2006 to March 15, 2007 to provide grant recipients with additional time to complete their projects. The Amendment also reflects a change in Community Services' address from Suite A to B. Extending the termination date will allow MWD to expedite the release of any remaining funds needed for the project. MWD has sent similar contract amendments to its other grant recipients. The Paradise Creek Educational Park project is approximately 80% complete and is scheduled to be completed by the end of July 2006. To date, the contractor has completed the grading operation; removed and disposed of contaminated soils; installed the irrigation system; completed the installation of the shade structure and the amphitheater benches; fine graded the site, and is working to complete the installation of the landscape and boardwalk pedestrian ways. A grand opening ceremony is anticipated for August, 2006. Background: In March 2005, National City and Paradise Creek Educational Park, Inc. applied for $75,000 in grant funds from the Metropolitan Water District of Southern California's "City Makeover Grant Program" to landscape Paradise Creek Educational Park. In August 2005, National City was notified that our grant was one of five grants approved. Established in 2003, this Program provides funds to landscape properties within the Water District's service area. This landscaping includes such things as planting native or California -friendly vegetation, installing state-of-the-art irrigation systems, and features a strong community -involvement and educational component. The funds are being used for soil preparation, fine grading, irrigation, planting, and decomposed granite pathways. The funds constitute a significant portion of the project funds. The City and Paradise Creek Educational Park, Inc. will continue working diligently to secure additional funds to continue to expand this very worthwhile community project. RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE CITY MAKEOVER PROGRAM GRANT FUNDING AGREEMENT BETWEEN THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA ("MWD") AND THE CITY OF NATIONAL CITY TO, EXTEND THE TERMINATION DATE OF THE AGREEMENT FROM JANUARY 31, 2006 TO MARCH 15, 2007, AND EXTEND THE MILESTONE DATES FOR GRANT FUNDS IN THE AMOUNT OF $75,000 FOR LANDSCAPE, PLANTING AND IRRIGATION FEATURES AT PARADISE CREEK EDUCATIONAL PARK WHEREAS, in March 2005, the City of National City and Paradise Creek Educational Park, Inc. applied for and received $75,000 in grant funds from the Metropolitan Water District of Southern California ("MWD") "City Makeover Grant Program" ("Program") for landscape, planting, electrical and irrigation features at Paradise Creek Educational Park; and WHEREAS, the Program, established in 2003, provides funds to landscape properties within the MWD's service area, such as planting native or California -friendly vegetation and installing state-of-the-art irrigation systems, and features a strong community - involvement and educational component; and WHEREAS, an amendment to the original agreement is required to extend the termination date from January 31, 2006 to March 15, 2007, which will also extend the milestone dates for the project, to provide grant recipients with additional time to complete their projects; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an amendment to the City Makeover Program Grant Funding Agreement, between the City and MWD of Southern California to extend the agreement termination date from January 31, 2006 to March 15, 2007, and extend the milestone dates for grant funds in the amount of $75,000 for landscape, planting, electrical and irrigation features at Paradise Creek Educational Park. Said Amendment in on file in the office of the City Clerk. PASSED and ADOPTED this 18th day of July, 2006. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Inzunza, Mayor THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA May 25, 2006 Leslie Deese, Director of Community Services City of National City 140 East 12th Street, Suite B National City, CA 91950 Dear Ms. Deese: Contract #68874: City Makeover Grant Program, Paradise Creek Educational Park.. Enclosed please find an amendment to the above referenced City Makeover contract, which extends the termination date of the contract from January 31, 2006 to March 15, 2007, extends the milestone dates and reflects the address change you contacted us about. Extending the termination date will allow us to expedite the release of any remaining funds needed for the project. If you agree with the language in this amendment, please sign both amendment originals and return them to us. We will then obtain the necessary Metropolitan signatures and forward you one original signed amendment for your records. Thank you for your patience. Yours sincerely, Gigi Hanna GH:jes s:\media section\city makeover\2005\contracts \ gardens \S23_68874 Paradise Amend cl.doc Enclosures FIRST AMENDMENT TO PROJECT 68874 CITY MAKEOVER PROGRAM GRANT FUNDING AGREEMENT BETWEEN THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA AND CITY OF NATIONAL CITY This first amendment to the Project 68874 City Makeover Program Grant Funding Agreement, hereinafter referred to as First Amendment, is entered into as of January 14, 2006 between THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public agency of the State of California, organized and existing under the Metropolitan Water District Act of the State of California, hereinafter referred to as Metropolitan, and CITY OF NATIONAL CITY, hereinafter referred to as NATIONAL CITY. Explanatory Recitals 1. There is now in effect between the parties a City Makeover Program Grant Funding Agreement dated July 11, 2005, hereinafter referred to as Agreement, wherein Metropolitan provides funding for NATIONAL CITY's native and drought -tolerant themed landscape project described in the Agreement. 2. The parties desire to amend the Agreement with this First Amendment to extend the termination date from January 31, 2 006 to March 15, 2007. NOW, THEREFORE, in consideration of the mutual covenants contained in the Agreement and this First Amendment, the parties agree to amend Project Agreement No. 68874 as follows. Amendment This First Amendment is effective as of January 14, 2006. Recital C is amended to read: C. NATIONAL CITY elects to participate in Metropolitan's Program to create a native and drought -tolerant themed landscape at Paradise Creek Educational Park, 1815 Hoover Ave., National City, CA 91950,between July 11, 2005, and March 15, 2007. (Project). The Milestones section is revised as follows: City of National City 1st Amendment to Project Agreement No.68874 / / / 5.4 CITY OF NATIONAL CITY must meet the following milestones: August 15, 2005 Submission of final design to Metropolitan September 15, 2005 Final design completed December 1, 2005 Project groundbreaking August 31, 2006 Installation complete October 15, 2006 Final report submitted March 2007 Community and event at press project site, organized in conjunction with Metropolitan The Notice section is revised as follows: 6.1 Any communication required to administer this Agreement shall be in writing and will be deemed received upon personal delivery or 48 hours after deposit in any United States mail depository, first class postage prepaid, and addressed to the Party for whom intended, as follows: If to Metropolitan: The Metropolitan Water District of Southern California Post Office Box 54153 Los Angeles, California 90054-0153 Attention: Ms. Gigi Hanna If to Paradise Creek Educational Park: City of National City 140 East 12th Street, Suite B National City, CA 91950 Attention: Leslie Deese, Director of Community Services Except as hereby amended, the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto affixed their names as of the day and year hereinabove first written. City of National City 2 1' Amendment to Project Agreement No.68874 ACCEPTED: THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA CITY OF NATIONAL CITY Jeffrey Kightlinger General Manager By By: print name Date Title Date APPROVED AS TO FORM: Sydney B. Bennion Interim General Counsel By Senior Deputy General Counsel Date City of National City 3 ls` Amendment to Project Agreement No.68874 MEETING DATE July 18, 2006 City of National City, California COUNCIL AGENDA STATEMENT 13 AGENDA ITEM NO. (-ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2006 PREPARED BY Michael R. DaIla DEPARTMENT City Clerk EXT. 4226 EXPLANATION We are required by law to adopt regulations for candidates' Statements of Qualification prior to each Municipal Election. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Proposed resolution Resolution No. A-200 (Rev. 7/03) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2006 WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates' statements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL. CITY DOES RESOLVE AS FOLLOWS: Section 1. GENERAL PROVISIONS. That pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an election to be held in the City of National City, California on Tuesday, November 7, 2006, may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate's education andqualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the Office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 6:00 p.m. of the next working day after the close of the nomination period. Section 2. FOREIGN LANGUAGE POLICY. a. Pursuant to state law, the candidates' statement must be translated and printed in Spanish. b. Pursuant to the Voting Rights Act of 1965 (as amended) and the Memorandum of Agreement between the County of San Diego and the United States Department of Justice dated June 23, 2004, the City is required to translate candidates' statements into the following languages in addition to English: Spanish, Tagalog and Vietnamese. c. The City Clerk shall have all candidates' statements translated into the language specified in (b) above. Section 3. PAYMENT. The candidate shall be required to pay for the cost of printing the candidate's statement in a foreign language. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidates' statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro-rata share as a condition of having his or her statement included in the voter's pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro-rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk may require the candidate to Resolution No. 2006 — July 18, 2006 Page 2 pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall pro -rate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. Section 4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. Section 5. The City Clerk shall provide each candidate or the candidate's representative with a copy of this Resolution at the time nominating petitions are issued. Section 6. All previous resolutions establishing Council Policy on payment for candidates' statements are repealed. Section 7. This Resolution shall apply only to the election to be held on November 7, 2006, and shall then be repealed. Section 8. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. PASSED AND ADOPTED this 18th day of July, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FROM: George H. Eiser, III City Attorney MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT July 18, 2006 14 AGENDA ITEM NO. / ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2006, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. PREPARED BY EXPLANATION George H. Eiser, III DEPARTMENT City Attorney EXT. 4221 The proposed resolution would call and give notice of a General Municipal Election to be held on November 7, 2006, for the purpose of electing a mayor for a full term of four (4) years and two (2) members of the City Council for a full term of four (4) years. Environmental Review X N/A MIS Approval Financial Statement Sufficient funds are available to place the measure on the ballot. >STAFF RECOMMENDATION Adopt resolution Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed resolution Resolution No. A-200 (Rev. 7/03) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2006, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES WHEREAS, under the provisions of the laws relating to General Law cities in the State of California, a General Municipal Election shall be held on November 7, 2006, for the election of municipal officers. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law cities, there is called and ordered to be held in the City of National City, California, on Tuesday, November 7, 2006, a General Municipal Election for the purpose of electing a mayor for a full term of four (4) years and two (2) members of the City Council for a full term of four (4) years. SECTION 2. That the ballots to be used at the election shall be in form and content as required by law. SECTION 3. That the City Clerk is authorized to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 4. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. That notice of the time and place of holding the election is hereby given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 7. That the City Clerk shall certify to the passage and adoption of the Resolution and enter it into the book of original Resolutions of the City. PASSED and ADOPTED this 18th day of July, 2006. Nick Inzunza, Mayor ATTEST: ' APPROVED AS TO FORM: Michael Della, City Clerk George H. Eiser, III City Attorney MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT July 18, 2006 15 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 2006, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE ELECTION CODE. PREPARED BY George H. Eiser, III EXPLANATION DEPARTMENT City Attorney EXT. 4221 Section 10403 of the California Elections Code authorizes the City to place an election ballot on the same ballot as that provided for a statewide election, and to consolidate a general municipal election with a statewide election, upon the filing with the County Board of Supervisors of a resolution of the City Council requesting the consolidation. The proposed resolution would satisfy the requirements of Section 10403. ( Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director Sufficient funds are available to place the measure on the ballot. Account No. STAFF RECOMMENDATION Adopt resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed resolution Resolution No. A-200 (Rev. 7/03) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 2006, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE WHEREAS, the City Council of the City of National City called a General Municipal Election to be held on November 7, 2006, for the purpose of the election of a mayor and two members of the City Council; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the statewide general election to be held on the same date and that within the. City the precincts, polling places and election officers for the two elections be the same, and that the Registrar of Voters of the County of San Diego canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DOES RESOLVE AS FOLLOWS: SECTION 1. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of San Diego is hereby requested to consent and agree to the consolidation of a General Municipal Election with the statewide general election on Tuesday, November 7, 2006, for the purpose of the election of a mayor and two members of the City Council. SECTION 2. That the Registrar of Voters is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 3. That the Board of Supervisors is requested to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the consolidated election. SECTION 4. That the City of National City recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs. SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voters of the County of San Diego, and enter it into the book of original Resolutions of the City. PASSED AND ADOPTED this 18th day of July, 2006. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FROM: Michael R. Della, City Clerk George H. Eiser, III, City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 18, 2006 AGENDA ITEM NO. 16 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS WITH THE STATE BOARD OF EQUALIZATION FOR IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX PREPARED BY George H. Eiser, III f4DEPARTMENT City Attorney EXT. 4221 EXPLANATION Please see attached memorandum. 2 CEnvironmental Review (-Financial Statement N/A N/A MIS Approval >STAFF RECOMMENDATION Adopt resolution. Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Memorandum Proposed resolution Resolution No. A-200 (Rev. 7/03) CITY OF NATIONAL CITY OFFICE OF THE CITY ATTORNEY 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, III • City Attorney Phone: (619) 336-4220 Fax: (619) 336-4327 TDD: (619) 336-1615 E-mail: Attorney@ci.national-city.ca.us TO: Mayor and City Council DATE: June 28, 2006 FROM: City Attorney SUBJECT: Agreement with the State Board of Equalization for Implementation of Transactions and Use Tax (Proposition D) With the approval of Proposition D, the one percent sales tax (technically described as a "transactions and use tax"), it is necessary for the City to enter into two agreements with the State Board of Equalization (the "Board") that will administer and collect the tax on behalf of the City. One agreement is the "Preparatory Agreement", the other is the "Administration Agreement". The main features of each of these agreements, which were drafted by the Board staff, are summarized below. Preparatory Agreement • The Board agrees to enter into work to prepare to administer and operate a transactions and use tax for the City. • The City agrees to pay the Board's costs for the preparatory work, including the costs of developing procedures, programming for data processing, developing and adopting appropriate regulations, designing and printing forms, developing instructions for the Board's staff and for taxpayers, and other necessary costs. • Preparatory costs may be accounted for, and records of such costs will be retained for audit by the City. • Any dispute as to the amount of preparatory costs will be referred to the State Director of Finance for resolution. • The City will be billed for preparatory costs on a periodic basis. • The amount to be paid by the City for the Board's preparatory costs shall not exceed $175,000. Administration Agreement • The Board shall perform exclusively all functions incident to the administration of the transactions and use tax ordinance. • All taxes collected pursuant to the sales tax ordinance shall be transmitted to the City not less often than twice in each calendar quarter. • The Board shall prescribe and adopt such rules and regulations as are necessary or desirable for the administration and operation of the City ordinance that imposed the tax. Agreement with the State Board of Equalization June 28, 2006 Page 2 • When requested by resolution of the City Council, the Board agrees to peiunit authorized personnel of the City to examine the records of the Board. • The City agrees to pay to the Board the costs of administering the tax; such amounts shall be deducted from the taxes collected by the Board for the City. • The term of the Agreement shall be from October 1, 2006 until December 31 next following the expiration date of the transactions and use tax ordinance, and shall thereafter be renewed from year to year until the Board completes all work necessary to the administration of the ordinance. • The Agreement contains provisions for administration of taxes if the tax ordinance is challenged as being invalid. GEORGE H. EISER, III City Attorney GHE/gmo • Page 2 RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS WITH THE STATE BOARD OF EQUALIZATION FOR IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX WHEREAS, on February 7, 2006, the City Council approved Ordinance No. 2006-2278 amending the City Municipal Code and providing for a local transactions and use tax; and WHEREAS, the State Board of Equalization ("Board") administers and collects the transactions and use taxes for all applicable jurisdictions within the state; and WHEREAS, the Board will be responsible to administer and collect the transactions and use tax for the City; and WHEREAS, the Board requires that the City enter into a "Preparatory Agreement" and an "Administration Agreement" prior to implementation of said taxes; and WHEREAS, the Board requires that the City Council authorize the agreements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the "Preparatory Agreement" attached as Exhibit "A" and the "Administrative Agreement" attached as Exhibit "B" are hereby approved and the Mayor is hereby authorized to execute each agreement. Copies of said Agreements are on file in the office of the City Clerk. PASSED and ADOPTED this 18th day of July, 2006. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE CITY'S TRANSACTIONS AND USE TAX ORDINANCE In order to prepare to administer a transactions and use tax ordinance adopted in accordance with the provision of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, the City of National City , hereinafter called City, and the STATE BOARD OF EQUALIZATION, hereinafter called Board, do agree as follows: 1. The Board agrees to enter into work to prepare to administer and operate a transactions and use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation Code which has been approved by a majority of the electors of the City and whose ordinance has been adopted.by the City. 2. City agrees to pay to the Board at the times and in the amounts hereinafter specified all of the Board's costs for preparatory work necessary to administer the City's transactions and use tax ordinance. The Board's costs for preparatory work include costs of developing procedures, programming for data processing, developing and adopting appropriate regulations, designing and printing forms, developing instructions for the Board's staff and for taxpayers, and other appropriate and necessary preparatory costs to administer a transactions and use tax ordinance. These costs shall include both direct and indirect costs as specified in Section 11256 of the Government Code. 3. Preparatory costs may be accounted for in a manner which confoiiiis to the internal accounting and personnel records currently maintained by the Board. The billings for costs may be presented in summary foini. Detailed records of preparatory costs will be retained for audit and verification by the City. 4. Any dispute as to the amount of preparatory costs incurred by the Board shall be referred to the State Director of Finance for resolution, and the Director's decision shall be final. 5. Preparatory costs incurred by the Board shall be billed by the Board periodically, with the final billing within a reasonable time after the operative date of the ordinance. City shall pay to the Board the amount of such costs on or before the last day of the next succeeding month following the month when the billing is received. 6. The amount to be paid by City for the Board's preparatory costs shall not exceed one hundred seventy-five thousand dollars ($175,000) (Revenue and Taxation Code Section 7272.) EXHIBIT "A" 7. Communications and notices may be sent by first class United States mail. Communications and notices to be sent to the Board shall be addressed to: STATE BOARD OF EQUALIZATION P.O. BOX 942879 SACRAMENTO, CALIFORNIA 94279-0073 ATTENTION: EXECUTIVE DIRECTOR Communications and notices to be sent to City shall be addressed to: CITY MANAGER CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950-4301 8. The date of this agreement is thedate on which it is approved by the Department of General Services. This agreement shall continue in effect until the preparatory work necessary to administer City's transactions and use tax ordinance has been completed and the Board has received all payments due from City under the teinis of this Agreement. CITY OF NATIONAL CITY STATE BOARD OF EQUALIZATION By: By: NICK INZUNZA, Mayor Executive Director Date: July 18, 2006 Date: AGREEMENT FOR STATE ADMINISTRATION OF CITY TRANSACTIONS AND USE TAXES The City Council of the City of National City has adopted, and the voters of the City of National City (hereafter called "City" or "District") have approved by the required majority vote, the City of National City Transactions and Use Tax Ordinance (hereafter called "Ordinance"), a copy of which is attached hereto. To carry out the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code and the Ordinance, the State Board of Equalization, (hereinafter called the "Board") and the City do agree as follows: ARTICLE I DEFINITIONS Unless the context requires otherwise, wherever the following terms appear in the Agreement, they shall be interpreted to mean the following: 1. "District taxes" shall mean the transactions and use taxes, penalties, and interest imposed under an ordinance specifically authorized by Revenue and Taxation code Section 7285.9, and i.n compliance with Part 1.6, Division 2 of the Revenue and Taxation Code. 2. "City Ordinance" shall mean the City's Transactions and Use Tax Ordinance referred to above and attached hereto, Ordinance No. 2006-2278 , as amended from time to time, or as deemed to be amended from time to time pursuant to Revenue and Taxation Code Section 7262.2. ARTICLE II ADMINISTRATION AND COLLECTION OF CITY TAXES A. Administration. The Board and City agree that the Board shall perform exclusively all functions incident to the administration and operation of the City Ordinance. EXHIBIT "B" B. Other Applicable Laws. City agrees that all provisions of law applicable to the administration and operation of the State Sales and Use Tax Law which are not inconsistent with Part 1.6 of Division 2 of the Revenue and Taxation Code shall be applicable to the administration and operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance may be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn from that Fund for any authorized purpose, including making refunds, compensating and reimbursing the Board pursuant to Article IV of this Agreement, and transmitting to City the amount to which City is entitled. C. Transmittal of money. 1. For the period during which the tax is in effect, and except as otherwise provided herein, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City periodically as promptly as feasible, but not less often than twice in each calendar quarter. 2. For periods subsequent to the expiration date of the tax whether by City's self-imposed limits or by final judgment of any court of the State of Califomia holding that City's ordinance is invalid or void, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City not less than once in each calendar quarter. 3. Transmittals may be made by mail or electronic funds transfer to an account of the City designated and authorized by the City. A statement shall be furnished at least quarterly indicating the amounts withheld pursuant to Article IV of this Agreement. D. Rules. The Board shall prescribe and adopt such rules and regulations as in its judgment are necessary or desirable for the administration and operation of the City Ordinance and the distribution of the district taxes collected thereunder. E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in this Agreement, the Board shall give no preference in applying money received for state sales and use taxes, state -administered local sales and use taxes, and district transactions and use taxes owed by a taxpayer, but shall apply moneys collected to the satisfaction of the claims of the State, cities, counties, cities and counties, redevelopment agencies, other districts, and City as their interests appear. Rev. 1/05 2 F. Security. The Board agrees that any security which it hereafter requires to be furnished by taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will be available for the payment of the claims of City for district taxes owing to it as its interest appears. The Board shall not be required to change the terms of any security now held by it, and City shall not participate in any security now held by the Board. G. Records of the Board. When requested by resolution of the legislative body of the City under section 7056 of the Revenue and Taxation Code, the Board agrees to permit authorized personnel of the City to examine the records of the Board, including the name, address, and account number of each seller holding a seller's permit with a registered business location in the City, pertaining to the ascertainment of transactions and use taxes collected for the City. Information obtained by the City from examination of the Board's records shall be used by the City only for purposes related to the collection of transactions and use taxes by the Board pursuant to this Agreement. H. Annexation. City agrees that the Board shall not be required to give effect to an annexation, for the purpose of collecting, allocating, and distributing District transactions and use taxes, earlier than the first day of the calendar quarter which commences not less than two months after notice to the Board. The notice shall include the name of the county or counties annexed to the extended City boundary. In the event the City shall annex an area, the boundaries of which are not coteiiuinous with a county or counties, the notice shall include a description of the area annexed and two maps of the City showing the area annexed and the location address of the property nearest to the extended City boundary on each side of every street or road crossing the boundary. ARTICLE III ALLOCATION OF TAX A. Allocation. In the administration of the Board's contracts with all districts that impose transactions and use taxes imposed under ordinances, which comply with Part 1.6 of Division 2 of the Revenue and Taxation Code: Rev. 1/05 3 1. Any payment not identified as being in payment of liability owing to a designated district or districts may be apportioned among the districts as their interest appear, or, in the discretion of the Board, to all districts with which the Board has contracted using ratios reflected by the distribution of district taxes collected from all taxpayers. 2. All district taxes collected as a result of determinations or billings made by the Board, and all amounts refunded or credited may be distributed or charged to the respective districts in the same ratio as the taxpayer's self -declared district taxes for the period for which the determination, billing, refund or credit applies. B. Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with respect to vehicles, vessels, or aircraft, the address of the registered owner appearing on the application for registration or on the certificate of ownership may be used by the Board in determining the place of use. ARTICLE IV COMPENSATION The City agrees to pay to the Board as the Board's cost of administering the City Ordinance such amount as is provided for by law. Such amounts shall be deducted from the taxes collected by the Board for the City. ARTICLE V MISCELLANEOUS PROVISIONS A. Communications. Communications and notices may be sent by first class United States mail to the addresses listed below, or to such other addresses as the parties may from time to time designate. A notification is complete when deposited in the mail. Rev. 1/05 4 Communications and notices to be sent to the Board shall be addressed to: State Board of Equalization P.O. Box 942879 Sacramento, California 94279-0073 Attention: Executive Director Communications and notices to be sent to the City shall be addressed to: City Manager City of National City 1243 National City Boulevard National City. CA 91950-4301. Unless otherwise directed, transmittals of payment of District transactions and use taxes will be sent to the address above. B. Term. The date of this Agreement is the date on which it is approved by the Depaitiiient of General Services. The Agreement shall take effect on October 1, 2006. This Agreement shall continue until December 31 next following the expiration date of the City Ordinance, and shall thereafter be renewed automatically from year to year until the Board completes all work necessary to the administration of the City Ordinance and has received and disbursed all payments due under that Ordinance. C. Notice of Repeal of Ordinance. City shall give the Board written notice of the repeal of the City Ordinance not less than 110 days prior to the operative date of the repeal. Rev. 1/05 5 ARTICLE VI ADMINISTRATION OF TAXES IF THE ORDINANCE IS CHALLENGED AS BEING INVALID A. Impoundment of funds. 1. When a legal action is begun challenging the validity of the imposition of the tax, the City shall deposit in an interest -bearing escrow account, any proceeds transmitted to it under Article II. C., until a court of competent jurisdiction renders a final and non -appealable judgment that the tax is valid. 2. If the tax is determined to be unconstitutional or otherwise invalid, the City shall transmit to the Board the moneys retained in escrow, including any accumulated interest, within ten days of the judgment of the trial court in the litigation awarding costs and fees becoming final and non - appealable. B. Costs of administration. Should a final judgment be entered in any court of the State of California, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to taxpayers of any taxes collected under the terms of this Agreement, the parties mutually agree that: Ordinance. 1. Board may retain all payments made by City to Board to prepare to administer the City 2. City will pay to Board and allow Board to retain Board's cost of administering the City Ordinance in the amounts set forth in Article IV of this Agreement. 3. City will pay to Board or to the State of California the amount of any taxes plus interest and penalties, if any, that Board or the State of California may be required to rebate or refund to taxpayers. Rev. 1/05 4. City will pay to Board its costs for rebating or refunding such taxes, interest, or penalties. Board's costs shall include its additional cost for developing procedures for processing the rebates or refunds, its costs of actually making these refunds, designing and printing forms, and developing instructions for Board's staff for use in making these rebates or refunds and any other costs incurred by Board which are reasonably appropriate or necessary to make those rebates or refunds. These costs shall include Board's direct and indirect costs as specified by Section 11256 of the Government Code. 5. Costs may be accounted for in a manner, which conforms to the internal accounting, and personnel records currently maintained by the Board. The billings for such costs may bepresented in summary form. Detailed records will be retained for audit and verification by City. 6. Any dispute as to the amount of costs incurred by Board in refunding taxes shall be referred to the State Director of Finance for resolution and the Director's decision shall be final. 7. Costs incurred by Board in connection with such refunds shall be billed by Board on or before the 25th day of the second month following the month in which the judgment of a court of the State of California holding City's Ordinance invalid or void becomes final. Thereafter Board shall bill City on or before the 25th of each month for all costs incurred by Board for the preceding calendar month. City shall pay to Board the amount of such costs on or before the last day of the succeeding month and shall pay to Board the total amount of taxes, interest, and penalties refunded or paid to taxpayers, together with Board costs incurred in making those refunds. CITY OF NATIONAL CITY STATE BOARD OF EQUALIZATION By By (Signature) (Executive Director) Nick Inzunza (Typed Name) Mayor (Title) Rev. 1/05 7 City of National City, California COUNCIL AGENDA STATEMENT 17 MEETING DATE July 18, 2006 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REDUCING THE PROPERTY TAX RATE FOR BONDED INDEBTEDNESS FOR FISCAL YEAR 2006-2007 FROM 17.7 CENTS PER $100 OF ASSESSED VALUATION TO 15.7 CENTS PREPARED BY Bill Yeomans Budget & Investment Officer DEPARTMENT Finance x 4331 EXPLANATION To pay the General Obligation Bond debt service for Fiscal Year 2006-07, a property tax rate must be set. The attached calculation results in a property tax rate of 15.7 cents per $100 of assessed valuation. This is an 11 % reduction from the property tax rate for Fiscal Year 2005-06 of 17.7 cents. Environmental Review X N/A Financial Statement N/A Approved By: l ti ' Budget & [nye(stment Officer Account No. STAFF RECOMMENDATION N/A BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. General Obligation Bond Tax Rate Computation FY 2006-07 Resolution No. A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REDUCING THE PROPERTY TAX RATE FOR BONDED INDEBTEDNESS FOR FISCAL YEAR 2006/07 FROM 17.7 CENTS PER $100 OF ASSESSED VALUATION TO 15.7 CENTS PER $100 OF ASSESSED VALUATION WHEREAS, the total net taxable secured assessed valuation of the City is now estimated at $2,484,733 full value; and WHEREAS, the amount of revenue to be raised from the tax base for fiscal year 2006- 07 is $391,305, according to the voter approved bonded indebtedness, thereby establishing the rate of property tax required. NOW, THEREFORE, BE IT RESOLVED that the property tax rate for the City of National City for the fiscal year ending June 30, 2007, be and hereby is established at .0157 per $100 assessed value. 2002 GENERAL OBLIGATION BONDS: $0.0157 PER $100 ASSESSED VALUE PASSED and ADOPTED this 18th day of July, 2006. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney COUNTY OF SAN DIEGO ASSESSOR'S OFFICE 1600 PACIFIC HIGHWAY, RM. 103 SAN DIEGO, CA 92101-2480 (619) 236-3771 • FAX (619) 557-4056 Chris Zapata, City Manager City of National City 1243 National City Blvd. National City, CA 91950 GREGORY J. SMITH ASSESSOR/RECORDER/COUNTY CLERK www.sdarcc.com May 15, 2006 RECORDER/COUNTY CLERK'S OFFICE 1600 PACIFIC HIGHWAY, RM. 260 P.O. BOX 121750, SAN DIEGO, CA 92112-1750 (619) 237-0502 • FAX (619) 557-4155 Dear Mr. Zapata: In compliance with State law, the following are our estimates of the locally assessed values for your city for the 2006-2007 assessment year: Secured Roll Unsecured Roll ($000) ($000) Land $1,121,795 Improvements $1,491,296 $46,121 Personal Property $9,106 $107,367 Total Valuation $2,622,197 $153,488 Homeowners' Exemptions $30,855 Other Exemptions $106,609 NET TOTAL $2,484,733 COMBINED TOTAL $2,638,221 I wish to emphasize that these are only estimates since we will not complete our entire workload until the end of June. Therefore, any reliance on these estimates should take this into consideration. To further assist you, we will be providing final totals to the City Finance Directors at their meeting on June 29, 2006. I hope this information is helpful. If you have any questions or desire any further information, please contact David Butler, Chief Deputy, Valuation at (619) 531-5475. Very truly yo GREG SMITH County essor/Recorder/Clerk GJS:ld cc: Finance Director TAX AMOUNT AND RATE CERTIFICATE The Governing Board of the City Of National City District of San Diego County does hereby certify to the Board of Supervisors and/or the Auditor and Controller of the County of San Diego, that said Governing Board has determined the amount of money to be raised by taxation, and fixed the rates of taxation for said District by designating the number of cents on each one hundred dollars ($100) of assessed valuation to be levied on the Current Secured Tax Roll, for each taxing entity in the District. The amounts and rates so determined for the fiscal year beginning July 1,2006 are: Name of Entity Payment of Principal and Interest All Other Purposes Parent District, Improvement Districts, Annexations or Exclusions Amount Rate* .00000 Amount Rate* .00000 City Of National City 400,208 0.1570 *NOTE: Rates should be reported in 5 decimal places District Governing Body By: Title: Budget & iestmeut Officer AUDITOR AND CONTROLLER'S USE ONLY Number of copies received One Two Other If two (2) copies are received, one is sent to the Clerk of the Board of Supervisors on ATTACHMENT 7 General Obligation Bond Debt Service (Fund 259) 7/10/2006 National City Tax Rate Computation FY2006-07 FY05-06 Rate Assessed Val. Est. Revenue Secured 0.0157 2,484,733,000 391,305 Unsecured 0.0177 153,488,000 27,167 418,472 HO Exemption 30,855,000 6065-50 1 Net Secured 2,484,733,000 11 Amount to be raised 400,208 3 Delinquency @ 5.30% 131,690,849 12 4 Net after Delinq 2,353,042,151 14 Unsecured 27,167 5 Plus HOPTR 30,855,000 15 Amount to be raised 6 2,383,897,151 by secured taxes 373,041 7 8 2,383,897,151 9 18a Tax rate * #4 368,212 10 2,383,897,151 18b Tax rate' HOPTR 4,828 Maximum Rate 0.0261 19 Secured Proof 373,041 16 Computed Rate 0.0156 20 Raised by 1/100th mil 2,384 17 Plus .0001 0.0001 0.0157 21,23 Taxes Raised 402,592 I CERTIFY THAT THE ABOVE COMPUTED RATE + 1/100TH MIL IS A REASONABLE TAX RATE FOR THIS FUND William Yeomans Budget and Investment Officer National City Date 0.0177 City of National City COUNCIL AGENDA STATEMENT MEETING DATE: July 18, 2006 AGENDA ITEM NO. 18 ITEM TITLE: RESOLUTION DECLARING CITY COUNCIL'S INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN A SPECIAL MAINTENANCE DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON (LANDSCAPE MAINTE- NANCE DISTRICT NO. 1 MILE OF CARS) PREPARED BY: LETICIA QUINTERO DEPARTMENT: CITY MANAGER'S OFFICE (Y)-7(12d,"1- EXPLANATION: This resolution sets the time and place for the public hearing on the levying of the proposed assessment for the Landscape Maintenance District No.1 (LMD No.1) per section 22624 of the Landscaping and Lighting Act of 1972. The Public Hearing is scheduled for August 1st at 5:00 pm in the Council Chambers at 1243 National City Boulevard, National City, CA 91950. Environmental Review: X N/A Financial Statement: N/A J STAFF RECOMMENDATION: Approve resolution BOARD/COMMISSION RECOMMENDATION: N/A J ATTACHMENTS (Listed Below) 1. 1. Resolution Resolution No. RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN A SPECIAL MAINTENANCE DISTRICT, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON (LANDSCAPE MAINTENANCE DISTRICT NO. 1 — MILE OF CARS) WHEREAS, the City Council of the City of National City, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the 1972 Act), said special maintenance district known and designated as Landscape Maintenance District No.1 (Mile of Cars) (hereinafter referred to as the "Maintenance District"); and WHEREAS, at this time the City Council is desirous to conduct proceedings to provide for the annual levy of assessments for the next ensuing fiscal year to provide for the annual costs for maintenance of improvements within the Maintenance District; and WHEREAS, there has been presented and approved by this City the Assessment Engineer's Report ("Report"), as required by the 1972 and Article XIIID of the Constitution (Article XIIID"), and this City Council is desirous of continuing with the proceedings for said annual levy. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: RECITALS Section 1. The above recitals are all true and correct PROCEDURES Section 2. That the public interest and convenience requires, and it is the intention of this legislative body, to levy and collect assessments to pay the annual costs and expenses for the maintenance and/or servicing of the improvements for the above -referenced Maintenance District, said improvements generally described as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. BOUNDARIES OF MAINTENANCE DISTRICT Section 3. That said works of improvement are of special benefit to the properties within the boundaries of said Maintenance District, which Maintenance District the legislative body previously declared to be the area specially benefited by said works of improvement, and for particulars, reference is made to the boundary map as previously approved by this legislative body, a copy of which is on file in the Office of the City Clerk and open for public inspection, and is designated by the name of this Maintenance District. Resolution No. 2006 — July 18, 2006 Page 2 REPORT OF ENGINEER Section 4. That the "Report" of the Engineer, as preliminarily approved by this legislative body, is on file with the City Clerk and open for public inspection. Reference is made to said "Report" for a full and detailed description of the improvements to be maintained, the boundaries of the Maintenance District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the Maintenance District. ADJUSTMENT IN ASSESSMENTS Section 5. That the proposed assessments do not constitute an increase from the previous year in a manner not anticipated by the Engineer's Report dated February 15, 1995, as amended. PUBLIC HEARING Section 6. NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING IS HEREBY SCHEDULED IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA, ON AUGUST 1, 2006, AT 5:00 P.M. ALL INTERESTED PERSONS SHALL BE AFFORDED THE OPPORTUNITY TO HEAR AND BE HEARD. THE CITY COUNCIL SHALL CONSIDER ALL ORAL STATEMENTS AND ALL WRITTEN PROTESTS OR COMMUNICATIONS MADE OR FILED BY ANY INTERESTED PERSONS. PASSED and ADOPTED this 18th day of July, 2006. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ELEVENTH AMENDED ENGINEER'S REPORT LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) City of National City, California (Pursuant to the Landscaping and Lighting Act of 1972) In 1995, the City Council of the City of National City, California, adopted a Resolution ordering the preparation and filing of an Engineer's "Report" pursuant to the provisions of the "Landscaping and Lighting Act of 1972", being Division 12, Part 2 of the Streets and Highways Code of the State of California, commencing with Section 22500 (the "Act"), for purposes of authorizing the levy of special assessments for certain maintenance work in a special assessment district known and designated as Landscape Maintenance District No. 1 (Mile of Cars) (hereinafter referred to as the "District"). An Engineer's Report dated February 15, 1995, was prepared and submitted as ordered by the legislative body. Following the date of the Engineer's Report certain changes were made to the project. Such changes were described in the First Amended Engineer's Report dated August 1, 1996 and in the Second Amended Engineer's Report dated July 31, 1997. Since that time, the budget and assessment schedule have been reviewed, and an Amended Engineer's Report has been prepared each year. The most recent Engineer's report was the Tenth Amended Engineer's Report dated June 27, 2005. Information is now available regarding actual expenditures for the past fiscal year. Adjustments are therefore necessary to the cost estimates and, assessment schedule. This "Eleventh Amended Engineer's Report", is prepared and submitted in four parts, consisting of the following: Part I. Plans and Specifications. The plans and specifications describe the general nature, location and extent of the proposed improvements to be maintained_ and the maintenance to be performed. The plans and specifications are unchanged from the Tenth Amended Engineer's Report. Part II. Cost Estimate. The cost estimate includes all costs relating to maintaining the improvements for the next fiscal year, including appropriate incidental expenses. Part III. Assessment Diagram. The Assessment Diagram indicates the exterior boundaries of the District, as well as setting forth each individual lot or parcel. Each parcel is identified by a distinctive number or letter and the lines and dimensions of each lot confouu to those as shown on the latest County Assessor's map. The Assessment Diagram is unchanged from the Tenth Amended Engineer's Report. Part IV. Assessment Schedule. The assessment schedule sets forth the net amount to be assessed upon all parcels and lands within the District, describing each assessable lot or parcel by reference to a specific number, and assessing the net amount upon the lots in proportion to the benefits to be received by each lot or parcel as shown on the above -referenced diagram. All lots and parcels of land known as public property, as defined under Section 22663 of the Act, have been omitted and are exempt from any assessment under these proceedings. This report is applicable for the maintenance of improvements within the district for the fiscal year commencing July 1, 2006 and ending June 30, 2007. Dated: July12, 2006 Nasland Engineering Assessment Engineer City of National City State of California EXHIBIT "A" PART I Plans and Specifications The plans and specifications for the works of improvements and the maintenance thereof are on file in the Office of the City Clerk, available for public inspection. The plans and specifications show the general nature, location and extent of the proposed improvements to be maintained and the maintenance to be performed. A general description of the works of improvement to be maintained under these proceedings are described as follows: 1. Median Improvements: • Landscape planting and irrigation • Colored concrete hardscape • Lighting system • Graphic panels, banners and signage • Painted crosswalks • Identification sign at 23rd Street and McKinley Avenue. 2. Frontage Improvements Improvements to parkways on both sides of National City Boulevard between 18th Street and 33rd Street. • Landscape planting and irrigation • Colored concrete sidewalks and mow curbs • Street furniture A general description of the maintenance to be performed on such improvements is described as follows: 1. General Plant Maintenance • Mowing, trimming, pruning and weeding • Watering, including water usage • Fertilizing • Plant replacement • Periodic skinning of palm trees 2. Maintenance of Irrigation System • Adjustment of timers • Repair/replacement of worn-out, stolen or malfunctioning equipment 3. Periodic restriping of decorative crosswalks 4. Periodic repainting of metal benches and trash receptacles 5. Periodic repainting and repair of light poles, graphic panels, signage and other miscellaneous equipment 6. Maintenance of electrical system • Bulb replacement • Repair/replacement of worn out or malfunctioning equipment • Electrical energy charges 7. Litter removal 8. Trash pick-up 9. Other repairs of damage caused by vandalism and/or traffic accidents PART II Cost Estimate for FY 2006 - 2007 The estimated total costs for maintenance of the improvements are those as hereinafter set forth below. For details regarding the estimated cost of annual maintenance refer to the attached Exhibit Cost of Annual Maintenance Median Frontage Improvements Improvements $60,500 $50,300 Incidentals: A. Administration 300 300 B. Advertising 200 200 C. Legal Fees 100 100 D. Engineering 700 500 Total Incidentals 1,300 1,100 Total Estimated Annual Cost 61,800 51,400 Surplus or Deficit 00 00 NET ANNUAL ASSESSMENT $61,800 $51,400 PART III Assessment Diagram The Assessment Diagram sets forth (a) the exterior boundaries of the District and (b) the lines of each lot or parcel of land within the District. The Assessment Diagram further identifies each lot or parcel by a distinctive number or letter. For a detailed description of the lines and dimensions of any lot or parcel, reference is made to the County Assessor's Map applicable for the next fiscal year, which map shall govern for all details concerning the lines and dimensions of such lots or parcels. A copy of the Assessment Diagram is attached hereto, referenced and incorporated. PART IV Assessment Schedule I, an authorized representative of the duly appointed Assessment Engineer, by virtue of the power vested pursuant to the Act, and by order of the legislative body, hereby make the following assessment to cover the estimated costs and expenses for the maintenance within the District for the next fiscal year. Said costs and expenses are generally as follows: Median Frontage Improvements Improvements Cost of Annual Maintenance $60,500 $50,300 Incidental Expenses 1,300 1,100 Total Costs 61,800 51,400 Surplus/Deficit 0 0 Balance to Assessment 61,800 51,400 I do hereby assess and apportion the net amount of the costs and expenses upon the several parcels of land within the District liable therefor and benefited thereby, in proportion to the estimated benefits that each parcel receives, respectively, from the maintenance work, and said parcels are hereinafter numbered and set forth to correspond with the numbers as they appear on the attached assessment Diagram and the County Assessment Roll. The Assessment Schedule refers to the County Assessor's Maps for a description of the lots or parcels, and said Maps shall govem for all details concerning the description of the lots or parcels. The net amount to be assessed upon the lands has been spread and apportioned in accordance with the benefits received from each parcel, and in my opinion, said costs and expenses have been apportioned in direct relationship to the benefits received from the improvements to be maintained. For a more specific statement as to the method and formula for the spread of the assessments, reference is made to the following list of annual assessments, and for particulars as to the foiuuula for the allocation of the costs, reference is made to the Method and Formula of Assessment Spread attached hereto as Exhibit "A". The assessments are those as confttmed in Column I, unless a different figure appears in Column II, as modified. I II Assesment Assessor's Parcel Amount of Assessment Number Number Assessment as Confirmed 1 560-210-01 $ 1,602.25 2 560-210-04 2,114.97 3 560-210-42 384.54 4 560-210-41 640.90 5 560-210-40 2,704.60 6 560-261-08 3,460.87 7 560-271-14 1,217.71 8 560-271-07 961.35 9 560-271-09 640.90 10 560-271-15 1,281.80 11 560-330-03 7,575.46 12 562-021-01 1,281.80 13 562-021-07 2,050.88 14 562-031-14 2,050.88 15 562-031-13 1,409.98 16 562-090-06 3,460.87 17 562-100-14 1,730.43 18 562-100-13 1,730.43 19 562-160-07 3,845.41 20 562-180-32 1,051.08 21 562-180-33 1,627.89 22 562-251-37 2,589.24 23 562-251-38 2,140.61 24 562-252-15 4,229.95 25 562-321-07 2,332.88 26 (Parcel owned by City) 0.00 27 562-330-42 974.17 28 562-330-35 3,191.69 29 562-220-32 4,024.86 30 562-220-31 1,986.79 31 562-220-13 2,948.15 32 562-220-11 696.18 33 562-150-13 2,678.97 34 562-340-09 3,845.41 35 562-340-48 5,588.66 36 562-340-47 2,102.16 37 562-340-70 3,845.41 38 562-340-69 3,717.23 39 562-340-50 3,845.41 40 562-340-49 3,730.05 41 560-393-04 6,152.66 42 560-393-03 1,794.52 43 560-204-02 1,794.52 'I'1 560-204-04 2,435.43 45 560-203-03 3.730.05 46 562-330-43 0.00 Total $ 113,200.00 This Assessment has been prepared pursuant to the "Landscaping and Lighting Act of 1972". The net amount to be assessed upon the lands and parcels within the boundaries of the District has been spread and apportioned in accordance with the benefits received from the improvements, and in my opinion the costs and expenses have been assessed in direct relationship to the benefits received from the maintenance of the improvements. Dated: July 12, 2006 Nasland Engineering Assessment Engineer City of National City State of California A copy of said Assessment Roll and Engineer's Report was filed in the Office of the Secretary and the Superintendent of Streets on the day of , 2006. City Clerk City of National City State of California Superintendent of Streets of National City State of California Final approval, confirmation and levy of the annual assessment and all matters in the Engineer's Report was made on the day of 2006, by adoption of Resolution No. by the City Council. City Clerk City of National City State of California EXHIBIT "A" METHOD AND FORMULA OF ASSESSMENT SPREAD The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the "Landscaping and Lighting Act of 1972", must be based on the benefit that the properties receive from the improvements to be maintained The statute does not specify the method or formula that should be used in any special assessment district proceedings. The responsibility rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. For these proceedings, the City has retained the services of Nasland Engineering. IDENTIFY THE BENEFIT First, it is necessary to identify the benefit that the improvements to be maintained will render to the properties within the boundaries of the District. The improvements significantly improve the visual appearance of the streetscape, making the Mile of Cars a more enjoyable and desirable location for customers. The special signage and lighting provide a unifying theme, benefiting all of the properties within the District. APPORTIONMENT OF COSTS In further making the analysis, it is necessary that the property owners receive a special and direct benefit distinguished from that of the general public. In this case, an in-depth analysis was made, and several factors are being used in the final method and spread and assessment. All of the improvements are intended to be of direct benefit to properties within the District. These improvements require significantly more maintenance than normally provided by the City. It is therefore appropriate that the properties receiving the benefit be assessed for the additional cost. There are generally two categories of improvements to be maintained by the District. The median improvements benefit all properties within the District. The improvements to the parkway (referred to herein as Frontage Improvements) benefit those properties which they abut. The specific method of spreading the assessment is described below: 1. The total cost for maintenance of the median improvements is apportioned to all parcels in the District based on the frontage of each parcel on National City Boulevard, except as noted below. 2. Parcel 26 (APN 562-321-08) is owned by the City of National City, not subject to assessment. 3. Parcel 32 (APN 562-220-11) has no frontage on National City Boulevard, but will benefit from the median improvements. This parcel is assessed for median improvements as if it had a frontage of 100 feet. 4. The total cost for maintenance of the Frontage Improvements is apportioned to all parcels in the District except Parcel 32 (APN 562-220-11), based on the frontage of each such parcel on National City Boulevard. The frontage of each parcel is determined from current assessor's maps for the County of San Diego, State of California. All frontage dimensions have been rounded to the nearest foot. FUTURE ANNUAL ADJUSTMENT IN ASSESSMENT The annual assessment to be levied on all properties within the district in fiscal year 2007-2008 and thereafter shall be subject to an annual escalation of up to 10% based upon actual and anticipated expenditures. If the annual assessment in any fiscal year is proposed to be increased by an amount which would be in excess of the amount authorized pursuant to the application of the above formula, such annual assessment shall be considered a "new or increased assessment" as such term is used in Government Code Section 54954.6. In conclusion, it is my opinion that the assessments for the above -referenced District have been spread in direct accordance with the benefits that each parcel receives from the improvements to be maintained Dated: July 12, 2006 Nasland Engineering ; .- Assessment Engineer City of National City State of California EXHIBIT "B" ESTIMA 1'ED COST OF ANNUAL MALNTENANCE FY 2006-2007 Median Frontage Improvements Improvements 1. Lawn planting care 0 $ 30,400 2. Median planting care $ 15,200 0 3. Palm tree maintenance $ 5,700 $ 5,700 4. Water usage $ 14,000 $ 14,000 5. Refurbishment of graphics panels $ 10,000 0 6. General maintenance of electrical system $ 6,5,00 0 7. Electrical usage $ 8,800 0 8. Miscellaneous $ 300 $ 200 TOTAL: $60;500 $50,300 AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO.1 (MILE OF CARS) CITY OF NATIONAL CITY COUNTY OF SAN DIEGO STATE OF CALIFORNIA FILED IN THE OFFICE OF THE CTTY CLERK OF THE CITY OF NATIONAL C'TY THIS_ DAY OF . 1996. CITY CLERK CITY Cr NATIONAL CITY STATE OF CALIFORNIA RECORDED IN THE OFFICE OF THE SUPERINTENDENT OF STREETS OF THE CITY OF NATIONAL CITY THIS DAY OF , 1996. SUPERINTENDENT OF STREETS CITY OF NATIONAL CITY STATE OF CALIFORNIA AN ASSESSMENT WAS LEVIED BY THE CITY COUNCIL ON THE LOTS, PIECES, AND PARCELS DE LAND SHOWN ON THIS ASSESSMENT DIAGRAM. SAID ASSESSMENT WAS LEVIED ON ME DAY OF 1996' SAID ASSESSMENT DIAGRAM AND THE ASSESSMENT ROLL WERE RECORDED IN THE OFFICE OF THE SUPERINTENDENT OF STREETS OF SAID CITY ON THE_DAY OF 1996. REFERENCE IS MADE TO IHE ASSESSMENT ROLL RECORDED IN THE OFFICE OF THE SUPERINTENDENT OF STREETS FOR 111E EXACT AMOUNT OF EACH ASSESSMENT LEVIED AGAINST EACH PARCEL OF LAND SHORN ON THIS ASSESSMENT DIAGRAM. CITY CLERK CITY OF NATIONAL CITY STATE OF CALIFORNIA FILED E. OAT OF , 1996, AT THE HOUR OF O'CLOCK.. _ 14. IN 13003( OE MAPS OF ASSESSMENT AND COUMMUNITY FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DEGO, EALIFORNIA. COUNTY RECORDER COUNTY OF SAN DIEGO STATE OF CALIFORNIA 560-210-01 125' 560-210-04 105' 30' 50' 560-210-40 211' NATIONAL CITY BOULEVARD SHEET 1 OF 3 SHEETS Q 560-261-0B 270' 560-271-14 95' 50' 10 560-2T1-1 100' 291 560-203-03 190' 560-204-04 140 60-204-02 O 140' 500-393-03 4130 550-393-04 REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 NOTE:ORIGIP' 'HEET SIZE , r6' EXTERIOR ROUNDARY OF DISTRICT eau >oa� NOTE. THE FRONTAGE OF EACH PARCEL I5 60,SE0 UPGN CURRENT COUNTY ASSESSOR'S MAPS AND SHOWN HEREON TO THE NEAREST FOOT. REFER TO ASSESSOR'S PARCEL MAPS FOR PROPERTY DIMENSIONS NOT SHOWN. NASLAND ENGINEERING CrvD. eR IIi000165 . SS/FILMING - TANS MANNINO MO Saner SI* 0 San Slaaa. California. 62111 .14-2Y2-mo N.E. JOE 05-148 I L AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CITY OF NATIONAL CITY COUNTY OF SAN DIEGO STATE OF CALIFORNIA QI � O (U� 591' 5— NATIONAL CITY BOULEVARD 560-330-03 291' 562-340-49 300 562-340-50 CO 562-021-01 I00' 562-021-07 160' 552-031-14 16D' 290' 562-340-69 T TRANSPORTATION AVENUE 3 0 0 ' 562-340-70 l 562-090-06 270 NATIONAL C[TY SHEET 2 OF 3 SHEET 562-100-14 562-100-13 135' BOULEVARD 164' 562-040-4T 436' 562-340-48 O EXTERIOR BOUNDARY OF DISTRICT REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 100 0 100 m 00 NOTE 171E FRONTAGE OF EACH PARCEL IS BASED UPON CURRENT COUNTY ASSESSOR'S MAPS AND SHOWN HEREON TO THE NEAREST FOOT. REFER TO ASSESSORS PARCEL MAPS FOR PROPERTY DIMENSIONS NOT SHOWN. NASLAND ENGINEERING VLIML 6NGINEE.PING . SU0V001HG • LAND PLOWING 4110 Pulinnr &reel, 'inn 01.An, CNllnrnle, 9E111 •019-292-7770 NOTE ORIGINAL SHEET SIZE 18' x 26' N.E. JOB No.105-148 O 562-160-0T 300. 562-180-32 AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CITY OF NATIONAL CITY 562-180-33 a2' I 127' 300' 562-340-.09 O 209 562-150-13 TRANSPORTATION AVENUE COUNTY OF SAN DIEGO STATE OF CALIFORNIA NATIONAL CITY BOULEVARD 230. 562-220-13 O 155' 562-220-31 O 100 562-252-15 330' 314' 562-220-32 -EXTFRIOfl 80IIIV0ARY OF DISTRICT 562-321-02 182' NO1P THE FRONTAGE OF EACH PARCEL IS BA5E0 UPON CURRENT COUNTY ASSESSOR'S MAPS AND SHORN HEREON TO 1HE NEAREST FOOT. REFER TO ASSESSOR'S PARCEL MAPS FOR PROPERTY DIMENSIONS NOT SHC'M1. 100 200 mu m0 HIGHWAY 54 RIGHT OF WAY 0 CMG ENGINEERING • SIINVEYINC • IMP FUNNING V. Fusin. 51...1 .0. p{qe. mlifunu.. MI/ .el 6-292-7,3 SHEET 3 OF 3 SHEET REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 NASLAND ENGINEERING NOTE:ORIGINA' HEET SIZE 1 I6" N.E. JOE 05-148 City of National City COUNCIL AGENDA STATEMENT MEETING DATE: July 18, 2006 AGENDA ITEM NO. 19 ITEM TITLE: RESOLUTION APPROVING THE ASSESSMENT ENGINEER'S REPORT FOR PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN A SPECIAL MAINTENANCE DISTRICT (LANDSCAPE MAINTENANCE DISTRICT NO. 1 MILE OF CARS) PREPARED BY: LETICIA QUINTS DEPART ENT: CITY MANAGER'S OFFICE (7.R.ak_7„ EXPLANATION: The Engineer's Report calculates the annual landscape maintenance cost to be assessed to each property owner located within the District based on the amount of frontage owned. The amounts provided in the report were estimated from a variety of sources utilized in 2005-2006 including: • Land maintenance costs from Environmental Care, Inc. including palm trimming • Utility costs from SDG&E and Sweetwater Authority • Electrical maintenance costs and bulb replacements • Administration, legal and engineering costs • Other contingencies The County of San Diego Auditor and State Controller will collect assessment fees as part of the annual prop- erty tax roll procedures. Upon collection, the funds will then be disbursed to the City. This resolution adopts the Engineer's Report and orders that it be filed in the Office of the City Clerk as a per- manent record and to remain open to public inspection. Environmental Review: X N/A Financial Statement: Maintenance costs for fiscal year 2006-2007 operation of the District estimated at $113,600. Property owner assessment (fees) range from $384.54 to $7,575.46 r STAFF RECOMMENDATION: Approve resolution BOARD/COMMISSION RECOMMENDATION: N/A ATTACHMENTS (Listed Below) 1. Resolution 2. Engineer's Report Resolution No. RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ASSESSMENT ENGINEER'S REPORT FOR PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN A SPECIAL MAINTENANCE DISTRICT (LANDSCAPE MAINTENANCE DISTRICT NO. 1 — MILE OF CARS) WHEREAS, the City Council of the City of National City, pursuant to the terms of the "Landscaping and Lighting Act of 1972" being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "1972 Act") and Article XIID of the Constitution of the State of California ("Article XIIID"), by previous Resolution, has obtained an Assessment Engineer's Report ("Report") for the annual levy of assessments within a special maintenance district, said special maintenance district known and designated as Landscape Maintenance District No.1 (Mile of Cars) (hereinafter referred to as the "Maintenance District"); and WHEREAS, the "Report" has now been presented to this City Council as required by the 1972 Act and Article XIID, and as previously directed by Resolution; and WHEREAS, the City Council has examined and reviewed the "Report" as presented, and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the special benefits received from the improvements to be maintained, as set forth in said "Report". NOW THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: Section 1. Section 2. RECITALS The above recitals are all true and correct PROCEDURES That the "Report" as presented consists of the following: A. Plans and specifications describing the general nature, location and extent of the improvements to be maintained and the extent of such maintenance; B. An estimate of the cost of the maintenance of the improvements for the Maintenance District for the referenced fiscal year; C. A diagram for the Maintenance District, showing the area and properties proposed to be assessed; D. An assessment of the estimated costs of the maintenance, assessing the net amount upon all assessable lots and/or parcels within the Maintenance District in proportion to the special benefits received. Said "Report", as presented, is hereby approved on a preliminary basis, and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. Resolution No. 2006 — July 18, 2006 Page 2 Section 3. That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Engineer's "Report". PASSED and ADOPTED this 18th day of July, 2006. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ELEVENTH AMENDED ENGINEER'S REPORT LANDSCAPE MAINTENANCE DISTRICT NO 1 (MILE OF CARS) City of National City, California (Pursuant to the Landscaping and Lighting Act of 1972) In 1995, the City Council of the City of National City, California, adopted a Resolution ordering the preparation and filing of an Engineer's "Report" pursuant to the provisions of the "Landscaping and Lighting Act of 1.972", being Division 12, Part 2 of the Streets and Highways Code of the State of California, commencing with Section 22500 (the "Act"), for purposes of authorizing the levy of special assessments for certain maintenance work in a special assessment district known and designated as Landscape Maintenance District No. 1 (Mile of Cars) (hereinafter referred to as the "District"). An Engineer's Report dated February 15, 1995, was prepared and submitted as ordered by the legislative body. Following the date of the Engineer's Report certain changes were made to the project. Such changes were described in the First Amended Engineer's Report dated August 1, 1996 and in the Second Amended Engineer's Report dated July 31, 1997. Since that time, the budget and assessment schedule have been reviewed, and an Amended Engineer's Report has been prepared each year. The most recent Engineer's report was the Tenth Amended Engineer's Report dated June 27, 2005. Information i.s now available regarding actual expenditures for the past fiscal year. Adjustments are therefore necessary to the cost estimates and assessment schedule. This "Eleventh Amended Engineer's Report", is prepared and submitted in four parts, consisting of the following: Part I. Plans and Specifications. The plans and specifications describe the general nature, location and extent of the proposed improvements to be maintained and the maintenance to be performed. The plans and specifications are unchanged from the Tenth Amended Engineer's Report. Part II. Cost Estimate. The cost estimate includes all costs relating to maintaining the improvements for the next fiscal year, including appropriate incidental_ expenses. Part III. Assessment Diagram. The Assessment Diagram indicates the exterior boundaries of the District, as well as setting forth each individual lot or parcel. Each parcel is identified by a distinctive number or letter and the lines and dimensions of each lot conform to those as shown on the latest County Assessor's map. The Assessment Diagram is unchanged from the Tenth Amended Engineer's Report. Part IV. Assessment Schedule. The assessment schedule sets forth the net amount to be assessed upon all parcels and lands within the District, describing each assessable lot or parcel by reference to a specific number, and assessing the net amount upon the lots in proportion to the benefits to be received by each lot or parcel as shown on the above -referenced diagram. All lots and parcels of land known as public property, as defined under Section 22663 of the Act, have been omitted and are exempt from any assessment under these proceedings. This report is applicable for the maintenance of improvements within the district for the fiscal year commencing July 1, 2006 and ending June 30, 2007. Dated: July12, 2006 Nasland Engineering Assessment Engineer ( ( ', ,y J ?,{ City of National City ,� y r; State of California c x; /z/y ���' C1';1L j� PART I Plans and Specifications The plans and specifications for the works of improvements and the mai ntenance thereof are on file in the Office of the City Clerk, available for public inspection. The plans and specifications show the general nature, location and extent of the proposed improvements to be maintained and the maintenance to be performed. A general description of the works of improvement to be maintained under these proceedings are described as follows: 1. Median Improvements: • Landscape planting and irrigation • Colored concrete hardscape • Lighting system • Graphic panels, banners and signage • Painted crosswalks • Identification sign at 23rd Street and McKinley Avenue. 2. Frontage Improvements Improvements to parkways on both sides of National City Boulevard between 18th Street and 33rd Street. • Landscape planting and irrigation • Colored concrete sidewalks and mow curbs • Street furniture A general description of the maintenance to be performed on such improvements is described as follows: 1. General Plant Maintenance • Mowing, trimming, pruning and weeding • _ Watering, including water usage • Fertilizing • Plant replacement • Periodic skinning of palm trees 2. Maintenance of Irrigation System • Adjustment of timers • Repair/replacement of worn-out, stolen or malfunctioning equipment 3. Periodic restriping of decorative crosswalks 4. Periodic repainting of metal benches and trash receptacles 5. Periodic repainting and repair of light poles, graphic panels, signage and other miscellaneous equipment 6. Maintenance of electrical system • Bulb replacement • Repair/replacement of worn out or malfunctioning equipment • Electrical energy charges 7. Litter removal 8. Trash pick-up 9. Other repairs of damage caused by vandalism and/or traffic accidents PART II Cost Estimate for FY 2006 - 2007 The estimated total costs for maintenance of the improvements are those as hereinafter set forth below. For details regarding the estimated cost of annual maintenance refer to the attached Exhibit Cost of Annual Maintenance Median Frontage Improvements Improvements $60,500 $50,300 Incidentals: A. Administration 300 300 B. Advertising 200 200 C. Legal Fees 100 100 D. Engineering 700 500 Total Incidentals 1,300 1,100 Total Estimated Annual Cost 61,800 51,400 Surplus or Deficit 00 00 NET ANNUAL ASSESSMENT $61,800 $51,400 PART III Assessment Diagram The Assessment Diagram sets forth (a) the exterior boundaries of the District and (b) the lines of each lot or parcel of land within the District. The Assessment Diagram further identifies each lot or parcel by a distinctive number or letter. For a detailed description of the lines and dimensions of any lot or parcel, reference is made to the County Assessor's Map applicable for the next fiscal year, which map shall govern for all details concerning the lines and dimensions of such lots or parcels. A copy of the Assessment Diagram is attached hereto, referenced and incorporated. 5 PART IV Assessment Schedule I, an authorized representative of the duly appointed Assessment Engineer, by virtue of the power vested pursuant to the Act, and by order of the legislative body, hereby make the following assessment to cover the estimated costs and expenses for the maintenance within the District for the next fiscal year. Said costs and expenses are generally as follows: Median Frontage Improvements Improvements Cost of Annual Maintenance $60,500 $50,300 Incidental Expenses 1,300 1,100 Total Costs 61,800 51,400 Surplus/Deficit 0 0 Balance to Assessment 61,800 51,400 I do hereby assess and apportion the net amount of the costs and expenses upon the several parcels of land within the District liable therefor and benefited thereby, in proportion to the estimated benefits that each parcel receives, respectively, from the maintenance work, and said parcels are hereinafter numbered an.d set forth to correspond with the numbers as they appear on the attached assessment Diagram and the County Assessment Roll. The Assessment Schedule refers to the County Assessor's Maps for a description of the lots or parcels, and said Maps shall govern for all details concerning the description of the lots or parcels. The net amount to be assessed upon the lands has been spread and apportioned in accordance with the benefits received from each parcel, and in my opinion, said costs and expenses have been apportioned in direct relationship to the benefits received from the improvements to be maintained. For a more specific statement as to the method and formula for the spread of the assessments, reference is made to the following list of annual assessments, and for particulars as to the formula for the allocation of the costs, reference is made to the Method and Formula of Assessment Spread attached hereto as Exhibit "A". The assessments are those as confirmed in Column I, unless a different figure appears in Column II, as modified. I II Assesment Assessor's Parcel Amount of Assessment Number Number Assessment as Confirmed 1 560-210-01 $ 1,602.25 2 560-210-04 2,114.97 3 560-210-42 384.54 4 560-210-41 640.90 5 560-210-40 2,704.60 6 560-261-08 3,460.87 7 560-271-14 1,217.71 8 560-271-07 961.35 9 560-271-09 640.90 10 560-271-15 1,281.80 11 560-330-03 7,575.46 12 562-021-01 1,281.80 13 562-021-07 2,050.88 14 562-031-14 2,050.88 15 562-031-13 1,409.98 16 562-090-06 3,460.87 17 562-100-14 1,730.43 18 562-100-13 1,730.43 19 562-160-07 3,845.41 20 562-180-32 1,051.08 21 562-180-33 1,627.89 22 562-251-37 2,589.24 23 562-251-38 2,140.61 24 562-252-15 4,229.95 25 562-321-07 2,332.88 26 (Parcel owned by City) 0.00 27 562-330-42 974.17 28 562-330-35 3,191.69 29 562-220-32 4,024.86 30 562-220-31 1,986.79 31 562-220-13 2,948.15 32 562-220-11 696.18 33 562-150-13 2,678.97 34 562-340-09 3,845.41 35 562-340-48 5,588.66 36 562-340-47 2,102.16 37 562-340-70 3,845.41 38 562-340-69 3,717.23 39 562-340-50 3,845.41 40 562-340-49 3,730.05 41 560-393-04 6,152.66 42 560-393-03 1,794.52 43 560-204-02 1,794.52 44 560-204-04 2,435.43 45 560-203-03 3,730.05 46 562-330-43 0.00 Total $ 113,200.00 1 This Assessment has been prepared pursuant to the "Landscaping and Lighting Act of 1972". The net amount to be assessed upon the lands and parcels within the boundaries of the District has been spread and apportioned in accordance with the benefits received from the improvements, and in my opinion the costs and expenses have been assessed in direct relationship to the benefits received from the maintenance of the improvements. Dated: July 12, 2006 Nasland Engineering Assessment Engineer City of National City State of California A copy of said Assessment Roll and Engineer's Report was filed in the Office of the Secretary and the Superintendent of Streets on the clay of , 2006. City Clerk City of National City State of California Superintendent of Streets of National City State of California Final approval, confirmation and levy of the annual assessment and all matters in the Engineer's Report was made on the day of 2006, by adoption of Resolution No. by the City Council. City Clerk City of National City State of California EXHIBIT "A" METHOD AND FORMULA OF ASSESSMENT SPREAD The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the "Landscaping and Lighting Act of 1972", must be based on the benefit that the properties receive from the improvements to be maintained. The statute does not specify the method or formula that should be used in any special assessment district proceedings. The responsibility rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. For these proceedings, the City has retained the services of Nasland Engineering. IDENTIFY THF, BENEFIT First, it is necessary to identify the benefit that the improvements to be maintained will render to the properties within the boundaries of the District. The improvements significantly improve the visual appearance of the streetscape, making the Mile of Cars a more enjoyable and desirable location for customers. The special signage and lighting provide a unifying theme, benefiting all of the properties within the District. APPORTIONMENT OF COSTS In further making the analysis, it is necessary that the property owners receive a special and direct benefit distinguished from that of the general public. In this case, an in-depth analysis was made, and several factors are being used in the final method and spread and assessment. All of the improvements are intended to be of direct benefit to properties within the District. These improvements require significantly more maintenance than normally provided by the City. It is therefore appropriate that the properties receiving the benefit be assessed for the additional cost. There are generally two categories of improvements to be maintained by the District. The median improvements benefit all properties within the District. The improvements to the parkway (referred to herein as Frontage Improvements) benefit those properties which they abut. The specific method of spreading the assessment is described below: 1. The total cost for maintenance of the median improvements is apportioned to all parcels in the District based on the frontage of each parcel on National City Boulevard, except as noted below. 2. Parcel 26 (APN 562-321-08) is owned by the City of National City, not subject to assessment. 3. Parcel 32 (APN 562-220-11) has no frontage on National City Boulevard, but will benefit from the median improvements. This parcel is assessed for median improvements as if it had a frontage of 100 feet. 4. The total cost for maintenance of the Frontage Improvements is apportioned to all parcels in the District except Parcel 32 (APN 562-220-11), based on the frontage of each such parcel on National City Boulevard. The frontage of each parcel is determined from current assessor's maps for the County of San Diego, State of California. All frontage dimensions have been rounded to the nearest foot. FUTURE ANNUAL ADJUSTMENT IN ASSESSMENT The annual assessment to be levied on all properties within the district in fiscal year 2007-2008 and thereafter shall be subject to an annual escalation of up to 10% based upon actual and anticipated expenditures. If the annual assessment in any fiscal year is proposed to be increased by an amount which would be in excess of the amount authorized pursuant to the application of the above foiuiula, such annual assessment shall be considered a "new or increased assessment" as such teuu is used in Government Code Section 54954.6. In conclusion, it is my opinion that the assessments for the above -referenced District have been spread in direct accordance with the benefits that each parcel receives from the improvements to be maintained. Dated: July 12, 2006 Naasslan, d Engineering Assessment En ,peer City of National City State of California o EXIIIBIT `B" ESTIMATED COST OF ANNUAL MAINTENANCE FY 2006-2007 Median Frontage Improvements Improvements 1. Lawn planting care 0 $ 30,400 2. Median planting care $ 15,200 0 3. Palm tree maintenance $ 5,700 $ 5,700 4. Water usage $ 14,000 $ 14,000 5. Refurbishment of graphics panels $ 10,000 0 6. General maintenance of electrical system $ 6,500 0 7. Electrical usage $ 8,800 0 8. Miscellaneous $ 300 $ 200 TOTAL: $60,500 $50,300 I I FILED PT 111E OFFICE OF 101E CITY CLERK OF THE CITY OF NATIONAL CITY THIS DAY OF 1990. CITY CLERK CITY OF NADONAI CITY STATE OF CALIFORNIA RECORDED IN THE OFFICE OF THE SUP ERINIEIIOEN T OF STREETS OF THE CITY OF NATIONAL CITY THIS 0AY OF. 1996. SUPERINTEI: DENT OF STREETS CITY OF NATIONAL CITY STATE OF CALIFORNIA AN ASSESS!!EIJT WAS LEVER BY THE CITY COUNCIL ON THE LOTS, PIECES, AND PARCELS OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. SAID ASSESSMENT WAS LEVIED ON THE DAY OF 1995', SAID ASSESSMENT 01A GRAM ANO 111E ASSESSMENT ROLL WERE RECORDED ET 111E OFFICE OF THE SUPERINTENDENT OF STREETS OF SAID CITY ON IHE___ DAY OF 1996. REFERENCE IS MADE TO THE ASSESSMENT ROLL RECORDED IN THE OFFICE OF THE SUPERINTENDENT OF STREETS FOR 111E EXACT AM OUNT OF EACH ASSESSMENT LEVIED AGAINST EACH PARCEL DF LAND SHOWN CT THIS ASSESSMENT DIAGRAM. CITY CLERK CITY OF NATIONAL 7 TY STATE OF CALIFORNIA I11 ED 111'S _DAY OE 1996 AT THE HOUR OF_ O'CLOCK _ .M. IN BOOK OF MAPS OF ASSESSMENT AND CWMMUNITY FACILITIES DISTRICTS IN THE OFFICE OF PIE COUNTY RECORDER OF THE COUNTY OF SAN DIECO, CJ&IFORNIA. COUNTY RECORDER COUNTY OF SAN DIEGO STATE OF CALIFORNIA AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO.1 (MILE OF CARS) CITY OF NATIONAL CITY COUNTY OF SAN DIEGO STATE OF CALIFORNIA 560-21(1-01 2 560-210-04 125' 165' NATIONAL 50 560-210-40 211' OTT BOULEVARD I�L SHEET 1 OF 3 SHEETS 560-2E1-06 270 560-271-15 100' a 50 O 560-271- 14 95' o 2 ] 231 560-203-03 190 560-204-04 140' 560-204-02 140' 550-393-03 45O' 560-393-04 REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 100 0 IOU ZOO EXTERIOR BOUNDARY 0; DISTRICT 300 .00 0 N0 l 1 NOTE: THE FRONTAGE OF EACH PARCEL IS BASED UPON CURRENT COUNTY ASSESSOR'S MAPS AND SHOWN HEREON TO THE NEAREST FOOT. ,REFER TO ASSESSOR'S PARCEL MAPS FOR PROPERTY DIMENSIONS NCI SIII)WN. NASLAND ENGINEERING CIVIIEN' INE1111NR • SURVE.Y:NC • LAND PLANNING e]10 3000e^ Slrtertl, 9+0 Olnp, Cslllvnln. 02111 • 0I0-292-1330 NOTE: ORIGINP' SHEET SIZE N.E. JO` 105-148. AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CITY OF NATIONAL CITY COUNTY OF SAN DIEGO STATE OF CALIFORNIA O 560-330-03 591' NATIONAL CRY T al [ BOULEVARD 291 562-340-49 O 300' 562-340-50 0 562-021-01 100' 562-021-07 160' 562-031-14 160' 562-031-13 110' 90' 562-340-69 00' 562-340-70 E TRANSPORTATION AVENUE 562-090-06 270' NATIONAL CRY Ifi4' 562-340-47 SHEET 2 OF 3 SHEETS 562-100-14 135' O 562-100-13 135' BOULEVARD 436' 562-340-46 EXTERIOR BOUNDARY OF DISTRICT REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 00 300 400 NOTE: THE FRONTAGE OF EACH PARCEL 15 BASED UPON CURRENT COUNTY ASSESSOR'S MAPS AND 5110WN HEREON TO THE NEAREST FOOT. REFER TO ASSESSOR'S PARCEL MAPS FCR PROPERTY DIMENSIONS NOT SHOWN. NASLAND ENGINEERING CIVIL f.RCIN£ERINC • SN1150YING • LAND CIANNI40 1746 Rul(ner Alrnel, 93r, Dingo, C0lilarnln, 9E111 • 019-292-7770 NOTE ORIGINAL SHEET SIZE 18' x 26' N.E. JOB No. 105--148 300' 562-340-09 82 AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CITY OF NATIONAL CITY 562-180-3 209 127' 562-150-13 TRANSPORTATION AVENUE COUNTY OF SAN DIEGO STATE OF CALIFORNIA 562-251-37 202' 562-251-38 167' 562-252-15 330' 562-321-07 182' 562-321-08 148 NATIONAL CITY BOULEVARD 314 562-220-32 ��-ES SERIOR BOUNDARY OF DISTRICT 100 249' 562-330-35 ME THE FRONTAGE OF EACH PARGE_IS BASED UPON CURRENT COUNTY ASSESSORS MAPS AND SHOWN HEREON TO PIE NEAREST FOOT. REFER TO ASSESSOR'S PARCEL MAPS FOR PROPERTY DIMENSIpIS NOT SHo. IGO 20D 300 .1a0 27 LL a a Y SHEET 3 OF 3 SHEETS REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 _'VASLA1D ENGINEERING CIVIL ENCINEERINN • S2IR0EYWC • LAND PUNNING 4740 0011ner 5ree3 sno Rlugo, C0111or01n, 02111 MA-000-1,10 NOTE ORIGINAL SHEET SIZE 18' 26' N.E. JOB No. 105-148 City of National City, California COUNCIL AGENDA STATEMENT 20 MEETING DATE July 18. 2006 AGENDA ITEM NO. (ITEM TITLE RESOLUTION DECLARING CITY COUNCIL'S INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN THE DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON (MORGAN SQUARE) PREPARED BY Chris Zapata, City M 619- 336-4240 EXPLANATION DEPARTME T City Manager This Resolution sets the time and place for the public hearing on the levying of the proposed assessment for the Downtown National City Property Business Improvement District per the Property and Business Improvement District Law of 1994. The Public Hearing is scheduled for August 1st at 5:00 pm in the Council Chambers at 1243 National City Boulevard, National City California 91950. Environmental Re - Financial Statement N/A ✓ N/A Account No. J /STAFF RECOMMENDATION Adopt Resolution BOARD / COMMISSION RECOMMENDATION N/A (ATTACHMENTS ( Listed Below ) Resolution Downtown National City Property Business Improvement District Management District Plan. Resolution No. A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN THE DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON WHEREAS, the City Council of the City of National City, California, has previously formed a special maintenance district pursuant to the terms of the `Property and Business Improvement District Law of 1994", being Division 18, Part 7 (Section 36600 et seq.) of the Streets and Highways Code of the State of California, said special maintenance district known and designated as the Downtown National City Property Business Improvement District (hereinafter referred to as the "District"); and WHEREAS, at this time the City Council is desirous to conduct proceedings to provide for the annual levy of assessments for the next ensuing fiscal year to provide for the annual costs for maintenance of improvements within the Maintenance District; and WHEREAS, there has been presented and approved by this City the Assessment Engineer's Report ("Report"), as required by Section 36600 et seq. of the Streets and Highways Code and Article XIII D of the Constitution ("Article Xlll D"), and this City Council is desirous of continuing with the proceedings for said annual levy. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: RECITALS Section 1. The above recitals are all true and correct PROCEDURES Section 2. That the public interest and convenience requires, and it is the intention of this legislative body, to levy and collect assessments to pay the annual costs and expenses for the maintenance and/or servicing of the improvements for the above -referenced Property Business Improvement District, said improvements generally described as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. BOUNDARIES OF MAINTENANCE DISTRICT Section 3. That said works of improvement are of special benefit to the properties within the boundaries of said Property Business Improvement District, which District the legislative body previously declared to be the area specially benefited by said works of improvement, and for particulars, reference is made to the boundary map as previously approved by this legislative body, a copy of which is on file in the Office of the City Clerk and open for public inspection, and is designated by the name of this Maintenance District. Resolution No. 2006 — July 18, 2006 Page 2 REPORT OF ENGINEER Section 4. That the "Report" of the Engineer, as preliminarily approved by this legislative body, is on file with the City Clerk and open for public inspection. Reference is made to said "Report" for a full and detailed description of the improvements to be maintained, the boundaries of the Maintenance District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the Maintenance District. PUBLIC MEETING Section 5. NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING IS HEREBY SCHEDULED IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA, ON AUGUST 1, 2006, AT 5:00 P.M. ALL INTERESTED PERSONS SHALL BE AFFORDED THE OPPORTUNITY TO HEAR AND BE HEARD. THE CITY COUNCIL SHALL CONSIDER ALL ORAL STATEMENTS AND ALL WRITTEN PROTESTS OR COMMUNICATIONS MADE OR FILED BY ANY INTERESTED PERSONS. PASSED and ADOPTED this 18th day of July, 2006. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney RECEIVED JUN 20C-} Community Development ComMISSiOTI DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN F o rm ed Under eitkilaa;-„e4,sa :Highay Code Saciio it 36.6 00 Property Business Improvement District Act of 1994 FINAL PLAN SUBMITTED TO: THE DOWNTOWN NATIONAL CITY P.B.I.D. STEERING COMMITTEE THE CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION EXECUTIVE DIRECTOR BEN MARTINEZ MAYOR NICK INZUNZA AND CITY COUNCIL MEMBERS LUIS NATIVIDAD, RON MORRISON, FRANCISCO PARRA AND FIDELAS UNGAB PRESENTED BY: MARCO LI MANDRI, NEW CITY AMERICA INC. APPROVED APRIL 30, 2004 UPDATED MAY 24, 2004 1 EXHIBIT "A" PART EXECUTIVE SUMMARY DOWNTOWN NATIONAL CITY MANAGEMENT DISTRICT PLAN Statement of Purpose Over the past two years, the people of San Diego County have begun to see National City in a whole new light. Long identified with the extremely successful National City Mile of Cars, the City now has the distinct identity of a municipal corporation aggressively moving forward on a number of fronts. Whether it be the visionary Marina project, ,the development of Filipino Village, the beautification of Highland Avenue or the 'creation of the Education Village in Downtown National City, more things are happening in this City than almost anywhere else in the County. Under the leadership of the Mayor and City Council, as well as the staff of the Community Development Commission, National City is in a race to re -position itself as a great City with bustling commerce, historic significance, a great urban forestry plan, strengthening of ethnic neighborhoods and experimenting with what makes Downtowns work in the 21tt Century. Led by a group of significant, small and long-time business and property owners, this effort to establish a Property Business Improvement District was initiated in March 2b04. With great speed and tremendous commitment, it is the intent of this district to be established and generate its first revenues by the conclusion of calendar year 2004. Such an undertaking is unprecedented but reflects the seriousness of the effort of the Downtown stakeholders to redefine themselves to the surrounding region. With the growing state budget crisis in California and its resulting impact on the cities, it is safe to assume .that current National City general benefit services delivered in the Downtown business district will not increase in the future. To make the Downtown district and community better, commercial and institutional property owners must look at new ways of funding special benefit services to clean up the district as well as promote the area. Such special benefit services could include bringing a new identity to the Downtown business district, funding new gateway signs to the district, regular sidewalk sweeping, sidewalk steam cleaning, removal of bulky items, trash receptacle emptying, providing private security services above and beyond that of the National City Police Department, aiding in the coordination of homeless intervention services, proposing solutions to parking problems, initiating beautification programs, tree planting and maintenance, coming up with new marketing and promotions programs, defining greater visual linkages to the 8th Street Trolley stop as well as serving as an advocacy group of business and property owners. This proposed Downtown National City PBID or special benefits district would be funded through an assessment levied on each and every parcel in the finalized and approved . boundaries in Downtown. Affected property owners have determined the exact costs of funding these special benefit services. All properties, public and private, would be included in this new assessment district. 3 > 70% support property owner funded special events to improve the identity of Downtown; Based upon this Ievel of support, the Downtown National City PBID Steering Committee is presenting the following to all Downtown Property Owners for their consideration: PROPERTY VARIABLES TO BE ASSESSED: Three property variables will be used to fund the special benefit services of the district. Those variables will include: lot or parcel size, building square footage, and linear frontage. Each of these variables can be verified by County records. By law, the district can only fund special benefits, not general benefit services. Building square footage will be further categorized by "use", (retail,, hotel, church, public building, office,' etc). Use determines needs and therefore special benefit to be received. SERVICES TO BE FUNDED: The primary special benefits to be funded by the creation of the district will be related to maintaining order and cleanliness in the public rights of way. In addition, beautification of the Downtown will be paramount as well as creating concrete visual linkages between the Trolley stop west of the freeway and the heart of the business district at 8th and National City Boulevard. After order and beautification, district identity and promotional programs will be funded. Finally, a component for administration/corporate affairs and contingency/reserve will be included in the budget. Consistent with state legislation, the district shall remain in place for live years with provisions for annual CPI adjustments as well as annual disestablishments procedures. BENEFIT ZONES: There will be two benefit zones in the proposed district. Benefit Zones are determined by the level and frequency of services to one sector of the district, vs. another. For example, the core area parcels along National City Boulevard between 2"d and 12th, as well as 8th Street from the freeway bridge to A Avenue, will constitute Benefit Zone 1. All other parcels in the district will fall into Benefit Zone 2. ANNUAL BUDGET: The annual first year budget is anticipated to be $240,722.01. Benefit Zone 1 parcels will pay a premium due to increased services and increased benefits anticipated to be derived from the formation of the district. Building use will determine the annual building square footage costs, by Benefit Zone. The proposed building uses have been categorized as follows. Each parcel has been analyzed to determine proper category of use and therefore benefit: (Internal parking built into structure will be credited to overall building size). 5 PART II ADDRESS SERIES, GENERAL STREET BOUNDARIES LOCATION: In general, the Downtown National City PBID includes all private and public parcels within the following boundaries: Street Address Series 704-724 Street Name 827 A Avenue 811-817 831 — 835 41-43 14-35 B Avenue C Avenue D Avenue E. 12th St. 10 E.3rd St. 22-404 419 810 — 925 205 — 1146 225 — 1133 E. 5`h St. E. 8th St. E. 9`h St. Hoover Avenue National City Blvd. 25-38 21 Roosevelt Avenue 30 21-27 W. 11 `" St. W. 12th St. W 2nd Avenue 21 110 — 200 W. 3rd Avenue 111- 225 32-121 7 W.•7th St. W. 8`h St. W. 9th St. W. Plaza Blvd. Consistent with state law, any property assessment district must confer a special benefit to real property owners paying into the assessment district. At times, specific parcels will derive greater benefit, due to their proximity to a "core" area. These core and peripheral parcels, will from time to time, be designated through "benefit zones." The Downtown National City PBID anticipates two benefit zones, each receiving varying degrees of special benefits funded from the assessment district. The two benefit zones are proposed as follows: Benefit Zones: The Downtown National City PBID Benefit Zones are created based upon the frequency and type of special benefit services that might be desired. For example, the core area near National City Boulevard and 8`h Street may need special benefit services six days per week, have large special events and be the focus of many promotional activities. These property owners would pay for those specific special benefit services based upon the anticipated benefit to be received. Benefit Zone Zone 1 (core area) Zone 2 (peripheral area) Boundaries National City Boulevard from 2nd to 12`h Street 8th Streetfrom the freeway bridge to A Avenue All other streets in the district not included in Benefit Zone 1 TABLE 1 —FREQUENCY OF SPECIAL BENEFIT SERVICES BY BENEFIT ZONES Special Benefit Service Benefit Zone I Frequency 6 days per week Benefit Zone 2 Frequency 4 days per week Public rights of way and sidewalk operations (PROWSO) District Identity and Streetscape Improvements (DISI) • Special Events • Holiday Decorations Throu gh programs Once per year Seasonally Through programs None None Administration/Corporate Operations Monday — Friday Monday — Friday 9 *THE PURPOSE OF THIS CALCULATION IS TO PROVIDE A MATERIAL BASIS FOR THE P.R.O.W.S.O. PERSONNEL COSTS. THE ADMINISTERING CORPORATION CAN CONTRACT OUT THESE SERVICES TO A FOR -PROFIT OR NON-PROFIT CORPORATION, OR PROVIDE THE SERVICES IN HOUSE. THESE COSTS ARE ONLY USED AS A REFERENCE, THE LINE ITEM IN THE BUDGET FOR THE P.R.O.W.S.O. PERSONNEL IS ESTIMATED TO BE $132,500.00 ANNUALLY. The basis of determining personnel costs is derived from One Source, a nationwide company that provides employees for many building management companies, as well as BIDs. One Source's rates on labor include workers comp, payroll taxes, check disbursement, health benefits, vacation and sick time. Most importantly,, these are contracted employees and therefore release the management corporation of payroll and personnel related liabilities. Total overhead factor of employees, fully loaded, is about 1.6 in an overhead factor from the base wage rate. Supervisor rate was calculated at $ 12.00 per hour, and maintenance workers at $8.00 - 9.00 per hour, starting pay. We reiterate that this is simply a tool for calculating costs of maintenance personnel. The free market, and competitive bidding may produce higher and better results. It is the job of the management corporation to maximize the delivery of special benefit services to the property owners based upon various category and line items of services. The function of this crew is to deal with all services in the public rights of way, including but not limited to: sweeping, beautification, decorations, security, etc. TABLE 3 — SPECIAL BENEFIT SERVICES/P.R.O.W.S.O. NON -PERSONNEL ANNUAL COSTS INCLUDING EQUIPMENT AND MATERIALS PROWSO Equipment and Materials Estimated Annual Cost Truck lease, insurance $ 6,000 Uniforms $ 1,000 Communications $ 4,000 Supplies $ 8,000 Water $ 1,000 Dumpster costs $ 6,000 Nursery Items $ 8,000 Small Equipment $ 3,000 Miscellaneous $ 3,500 Total Estimated Annual Equipment Costs $ 40,500 Again, these services may be provided by an outside contractor, however accommodations must be made for these costs whether done in-house of to an outside contractor. In addition, this budget does not assume any grants from public agencies or foundations that could underwrite the costs of equipment. Nor does it assume that the City would pay for landscaping water related costs or dumpster removal fees, both of which could be negotiated with the CDC. TABLE 7 — TOTAL FIRST YEAR DOWNTOWN NATIONAL CITY SPECIAL BENEFIT SERVICES BUDGET LINE ITEMS BASED UPON SUGGESTED PROGRAMS AND ALLOCATIONS Pro rant First Year Allocation Public Rights of Way and 372% o Total Bud et $ 17,000.00 Sidewalk Operations — Personnel and Equipment for A11 Benefit Zones District Identity and $.14,000.00 Streetscape Improvements 6% Administrative/Corporate $ 41,000.00 Operations 17 % Contingency/Reserve Total Estimated First Year Costs of Programs $ 12,722.01 • 5% $ 240,722.01. 100% METHOD OF FINANCING: This method of financing the special services is based upon the levy of assessments on real property that benefits from proposed improvements and activities. This represents a "benefit assessment district" as defined in the California Streets and Highway Code. Assessed valuation cannot be used as the basis for special benefits assessments due to the introduction of Proposition 13 into the state constitution in 1978. There are at least four basic factors that will be used in determining individual assessments. These factors include 1) linear frontage, 2) land area and 3) building square footage, 4) building use. The assessments for the Downtown National City PBID are based upon these variables, which have been endorsed by the property owners as the most fair and equitable for apportionment of assessments to participating parcels. Linear frontage will be assessed on all sides of the parcel receiving benefit. PBID assessments would be collected annually by the San Diego County tax assessor and would appear as a line item on the annual property tax bills. The assessments are collected by the County and transferred to the City of National City. They are then transferred directly to the Downtown National City PBID Management Corporation. The funds are then allocated consistent with the previously agreed upon programs in the Management District Plan. TABLE 8 - TOTAL GROSS DOWNTOWN NATIONAL CITY PBID PROPERTY VARIABLES Property Variables Lot Size Building Size Linear Feet Total in District 1,465,301 square feet 448,344 square feet 21,744 linear feet There are 153 parcels and 96 legal owners currently in the database of the above mentioned property variables. There are about 34 square blocks in the district. l3 TABLE 10 — APPORTIONMENT OF SERVICES TO PROPERTY VARIABLES Program to be Funded Benefit Zone Apportioned to Variable PROWSO: • Maintenance Personnel 1 '/2. to all building square footage, ($ 81,610) 1/2 to all lot size in Benefit Zone 1 • Maintenance Personnel 2 1/2 to all building square footage, ($50,890) '/A to all lot size in Benefit Zone 2 • Non -personnel, equipment 1, 2 All linear frontage, apportioned ($ 40,500) equally in both Benefit Zones DISTRICT IDENTITY AND STREETSCAPE IMPROVEMENTS: • Special events (1 per year) 1 Building square footage"a" only ( $5,000) • Logo creation 1, 2 Building square footage a — c ($1,000) • Web site creation/maintenance 1, 2 Building square footage a — c ($4,000) • Pedestrian kiosks/signage 1, 2 Building square footage a — d ($ 4,000) ADMINISTRATION AND CORPORATE 1, 2 Apportioned equally to all lot size OPERATIONS ($ 41,000) in both zones CONTINGENCY/RESERVE 1, 2 Apportioned equally to all lot size ($12,722.01) in both zones The assessment methodology annual costs are summed up in the following table: 15 PROPERTY ANNUAL COST VARIABLE BENEFIT ZONE 1 ANNUAL COST TOTAL GENERATED Lot Square Footage $ 0.0841BENEFIT ZONE 2 BY VARIABLE g per square $0.0757per square ° foot er ear q $118,053.09 (49 /o) eear Building Square $ 0.1485-$0.1886 per $0.1485-$0r1697 per ° Foota • e ran : e s. uare foot . er ear s. u are foot . er ear $80,075.68 (33 /°) Linear Frontage $1.8264 per linear $1.8264 per linear $39,713.24 (17%) foot er ear foot er ear Single Family Home $ 240.00 and Condo Annual $240.00 $2,880.00 (1%) Fee Total Annual Budget TABLE 12 - DOWNTOWN NATIONAL CITY PBID FIRST YEAR COSTS BY PROPERTY VARIABLE $240,722.01 TABLE 13 - AMOUNTS GENERATED BY DOWNTOWN NATIONAL CITY PBID Property Variable Total Gross Variable Amount Generated First Both Bene it Zones Parcel or Lot Size 1,465 301 Year Buildin S uare Feet 448,344 $118,053.09 Linear Fronta e 21,744 $80 075.68 Single Family Home $39,713.24 and Condo Annual Fee 12 $2,880.00 Total Assessments, First Year — Both Zones $240,722.01 17 FORMATION: • District formation requires submittal of petitions from property owners representing at least 50% of the total assessment. The "Right to Vote on Taxes Act" (Proposition 218) requires that more than 50% of the ballots received, weighted by assessment, be in support of the District. ■ This petition support ensures that the mail ballot procedure will be successful in the formation of the district. Once the necessary threshold of petitions have been collected, the management district plan will then be submitted to the City to begin processing the public hearing. With the adoption of an ordinance of intention, the City Council will authorize the City Clerk to send out the mail ballots to .all affected property owners to determine their support for the establishment of the district. • When all is said and done, the first assessments should be collected with the annual property tax bill in December 2004 with the Management Corporation receiving its first installment payment in January 2005. DURATION: • Pursuant to State Law, the District will have a set term. The proposed district will have a five-year life commencing January 1, 2005. After five years, the petition process must be repeated for the District to be re-established. 19 PART VI ENGINEER'S REPORT, EXEMPTIONS, ANNUAL ASSESSMENT INCREASES AND THE DURATION OF THE DISTRICT A. Assessment Methodology Property owners in Downtown National City have emphasized that an assessment formula for a PBID be fair, balanced and commensurate with special benefits received. NEW CITY AMERICA has contracted with Ed Denning and Associates to come up with a plan that has been certified by a licensed engineer. In preparing the engineer's report for the Downtown National City PBID, the engineer concluded that the special benefit to each parcel was found to be proportional to the property variable and their apportionment. An Engineer's report for the PBID is provided in the Appendix. B. Time and Manner for Collecting Assessments: As provided by state law, the Downtown National City Property Business Improvement District will appear as a separate line item on the annual property tax bills prepared by the San Diego County Tax Assessor.. Property tax bills are generally distributed in the Fall and payment is expected by lump sum or in two installments. The County Assessor shall distribute the assessments to the City who will in turn then forward them to the designated Downtown National City PBID Management Corporation pursuant to the authorization of this plan. Existing laws for enforcement of property taxes apply to the Management District assessments. The assessments shall be collected at the same time and in the same manner as for any possessory interest tax paid to the County of San Diego. These assessments shall provide for the same lien priority and penalties for delinquent payment as is provided for the possessory interest tax. The "property owner" of the possessory interest shall be any person as the owner/taxpayer on the last equalized possessory interest assessment roll or otherwise known to be the owner/taxpayer by the City Council. The City Council has no obligation to obtain other information as to the ownership of the interest, and its determination or ownership shall be final and conclusive for the purposes of this district. 21 PART VII DISTRICT GOVERNANCE AND THE DOWNTOWN NATIONAL CITY P.I3.I.D. MANAGEMENT CORPORATION A few rules and regulations should be considered by the Downtown National City PI3ID Management Corporation in the administration of the district. Conflict of Interest: Any stakeholder who serves on the administering corporation's Board of Directors shall recuse himself or herself from any vote in which a potential conflict of interest is apparent. Such potential conflicts include; but are not limited to, prioritizing capital improvement projects which result in special benefit to specific property owners, prioritization of services to benefit a particular owner or group of owners, hiring or selecting the relatives of Board members, etc. In addition, the Management Corporation shall aim to meet the following operational objectives for the district... Create and manage programs that best respond to the top priorities of district property owners; • Maximize coordination of the City government to avoid duplication of services and to leverage resources; • Deliver services through a cost-effective, non -bureaucratic and easy to access organizational structure; Provide accountability and responsiveness to those who pay through open access to Board meetings, elections to the Board and Board records. 23 Downtown National City PBID Benefit Zone 1 Benefit Zone 2 Downtown National City P.B.I.D. FIVE YEAR PROJECTION OF ASSESSMENTS WITH 5% ANNUAL ADJUSTMENT Projected Budget 2005 5% 2006 5% 2007 5% 2008 5% 2009 Public Rights of Way and Sidewalk Operations $173,000.00 $8,650.00 $181,650.00 $9,082.50 $190,732.50 $9,536.63 $200,269.13 $10,013.46 $210,282.58 District Identity and Streetscape Improvements $14,000.00 $700.00 $14,700.00 $735.00 $15,435.00 $771.75 $16,206.75 $810.34 $17,017.09 Administrative/Corporate Operations $41,000.00 $2,050.00 $43,050.00 $2,152.50 $45,202.50 $2,260,13 $47,462.63 $2,373.13 $49,835.76 Contingency/Reserve $12,722.01 $636.10 $13,358.11 $667.91 $14,026.02 $701.30 $14,727.32 $736.37 $15,463.68 Total $240,722.01 $12,036.10 $252,758.11 $12,637.91 $265,396.02 $13,269.80 $278,665.82 113,933.29 $292,599.11 6/fl/04 PN �30 01 00 55 030 02 00 ;55 030 03 00 i55 030 04 00 i55 030 05 00 555 030 06 00 355 030 555 030 555 030 555 030 555 030 555 030 555 030 555 030 555 030 55s 030 t, J30 . 55 030 555 041 555 041 555 041 555 041 555 041 555 041 07 00 08 00 09 00 10 00 11 00 12 00 13 00 14 00 17 00 20 00 21 00 22 00 01 00 02 00 03 00 04 00 05 00 06 00 555 041 07 00. 555 041.08 00 555 041 555 041 555 042 555 042 555 042 555 042 5, J52 i5 052 555.052 555 052 09 00 10 00 10 00 15 00 17 00 18 00 04 00 05 00 06 00 14 00 Annual Assessment $240.00 $427.32 $0.00 $0.00 $240.00 $0.00 $240.00 $1,358.46 $278.41 $339.52 $270.50 $344.51 $282.92 $500.53 $1,089.50 $4,997.45 $3,644.29 $6,609.58 $878.28 $472.48 $3,616.36 $1,063.44 $570.74 $571.49 $694.46 $511.82 $511.82 $1,206.28 $1,030.70 $3,104.82 $3,458.95 $7,001.77 $694.46 $649.75 $471.60 $2,453.40 APN 555 052 15 00 555 053 17 00 555 054 12 00 555 081 09 00 555 081 10 00 555 081 14 00 555 081- 15 00 555 081 16 00 555 081 17 00 555 082 01 00 555 082 02 00 555 082 03 00 555 082 04 00 555 082 05 00 555 082 06 00 555 082 10 00 555 082 11 00 555 083 21 00 555 083 22 00 S55 083 23 00 555 083 24 00 555 085 01 00 555 085 02 00 555 085 03 00 555 085 04 00 555 085 05 00 555 085 06 00 555 085 07 00 555 113 04 00 555 113 05 00 555 113 08 00 555 113 11 00 5551131200 5551131300 5551140100 555 114 02 00 'NATIONAL CITY PBID PARCELS TO BE ASSESSED Annual Assessment $2,361.54 $22,785.90 $6,377.83 $510.24 $267.23 $396.50 $216.88 $695.37 $1,992.94 $1,855.29 $244.10 $527.88 $399.68 $1,137.98 $960.23 $1,533.33 $4,097.40 $1,846.85 $5,094.43 $2,989.50 $5,751.78 $622.48 $240.00 $240.00 $464.11 $2,797.35 $187.37 $4,258.90 $808.87 $792.75 $1,269.33 $2,084.78 $1,569.72 $1,133.05 $240.00 $240.00 APN 5551140300 555 114 04 00 555 114 05 00 555 114 06 00 555 114 07 00 555 114 11 00 555 114 12 00 5551141300 556 101 01 00 556.101 02 00 556 101 15 00 556 101 16 00 556 104 01 00 556 104 02 00 556 104 18 00 556 210 25 00 556 210 26 00 556 210 27 00 556 212 01 00 556 212 02 00 556 212 03 00 556 212 04 00 556 212 05 00 556 212 06 00 556 212 556 331 556 331 556 331 556 331 556 331 556 331 556 331 556 331 556 331 556 331 556 331 07 00 03 00 04 00 05 00 14 00 15 00 20 00 21 00 22 00 23 00 24 00 25 00 Annual Assessment $215.59 $220.14 $452.48 $652.46 $1,151.14 $330.42 $1,594.28 $1,569.62 :,$1,614.58 $1,815.33 $5,492.84 $2,276.33 $2,485.63 $240.00 $1,820.45 $1,662.72 $1,510.43 $1,077.40 $240.00 $240.00 $496.74 $276.94 $419.14 $563.61 $754.77 $249.09 $505.91 $1,181.45 $2,439.68 $926.31 $748.13 $2,720.06 $1,255,39 $566.21 $715.80 $3,133.35 APPENDIX D ENGINEER'S REPORT 27 Edward Henning & Associates URBAN REVITALIZATION • FUNDING DISTRICT ASSESSMENT ENGINEER'S REPORT To Whom It May Concern: I hereby certify to the best of my professional knowledge and experience that each of the identified benefiting properties located within the proposed Downtown National City Property Business Improvement District will receive a special benefit overand above the benefits conferred on the public at large and that the amount of the proposed assessment is proportional to, and no greater than the benefits conferred on each respective property. Prepare. by Edward V. Henning, California Registered Professional Engineer # 26549 A_ t s RPE #26549 _Tune 1 2004 61 Edward V. He Date (NOT VALID w7THO UT EMBOSSED CERTIFICATION SEAL AND SIGNATURE HERE) Introduction This report shall serve as the "detailed engineer's report" required by Section 4(b) of Article XIIID of the California Constitution (Proposition 218) to support the benefit property assessments proposed to be levied within the Downtown National City Property Business Improvement District (Downtown National City PBID) in the City of National City, California being established for a five year period The discussion and analysis contained within constitutes the required "nexus" of rationale between assessment amounts levied and special benefits derived by properties within the Downtown National City PBID. NOTE 1: The terminology "identified benefiting parcel" or "property" is used throughout this report pursuant to SB 919 - "Proposition 218 Omnibus Implementation Act" which clarified portions of Prop 218. It provides the Engineer and District Consultant with the ability to actually identify individual parcels which will benefit directly either in whole or in part from the proposed District funded programs and improvements and does not imply that all parcels receive assessable benefits . 1 1333o Suttemere Rd • Phelan CA 92371 • (76o) 868-9963 • (fax) (760) 868-6490 • mred2@earthlink.net Edward Henning Sc Associates URBAN REVITALIZATION • FUNDINu From this, the value of a basic benefit unit or "basic net unit cost" can be computed by dividing the total amount of estimated net program costs by the total number of benefit units. The amount of assessment for each parcel can be computed at this time by multiplying the Net Unit Cost times the number of Basic Benefit Units per parcel. This is known as "spreading the assessment" or the "assessment spread" in that all costs are allocated proportionally or "spread" amongst all properties within the PBID. conditions, types of programs and activities proposed, and size and development complexity of the district. PBIDs may require secondary benefit zones to be identified to allow for a tiered assessment formula for variable or "stepped -down" benefits derived. The method and basis of spreading program costs varies from one PBID to another based on local geographic Supplemental Proposition 218 Procedures and Requirements Proposition 218, approved by the voters of California in November of 1996, adds a supplemental array of procedures and requirements to be carried out prior to levying a property -based assessment like the Downtown National City PBID_ These requirements are in addition to requirements imposed by State and local assessment enabling laws. These requirements were "chaptered" into law as Article XIIID of the California Constitution and then further clarified by the Proposition 218 Omnibus Legislation in 1997 chaptered in section 53750 et seq of the California Government Code. Since Prop 218 provisions will affect all subsequent calculations to be made in laying out the final property assessment roll for the Downtown National City PBID, Prop 218 requirements will be taken into account first. The key provisions of Prop 218 along with a description of how the Downtown National City PBID complies with each of these provisions is delineated below. (Note: All section references below pertain to Article XIII of the California Constitution): Findinti 1. From Section 4(a): "Identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed" There are 153 "identified" individual parcels within the Downtown National City PBID which will all derive some level of special benefit from the proposed District programs and activities. These parcels are shown on the Boundary Map within the Management District Plan and are listed as an attachment to the Plan - identified by assessor parcel number and site address. Two benefit zones have teen identified within the District which generally includes all properties along and surrounding the National City Boulevard corridor from 2nd to 12th and the 8th Street corridor from the freeway to A Avenue. 3 13330 Buttemere Rd • Phelan CA 92371 - (760) 868-9963 • (fax) (760) 868-6490 • niied2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING Finding 3. From Section 4(a): "(Determine) the proportionate special benefit derived by each parcel in relationship to the entirety of the.. cost of public improvement(s) or the maintenance and operation expenses. or the cost of the property related service being provided. The proportionate special benefit cost for each parcel is listed in an attachment to the Management District Plan. The individual percentages (i.e. proportionate relationship to the total special benefit related program and activity costs) were computed by dividing the individual parcel assessment by the total program costs. Finding 4. From Section 4(a): "No acsessment, shall exceed the reasonable cost of the proportional special benefit conferred on parcel(s)." Not only are the proposed program costs reasonable due to the benefit of group purchasing and contracting which would be possible through the Downtown National City PBID, they are also considerably less than other options considered by groups like the Downtown National City PBID Formation Committee. Finding 5. From Section 4(a): "Parcels. that are owned or used by any (public) agency shall not be exempt from assessment." Parcels within the District that are owned by public agencies (i.e. City of National City, the Community Development Commission, Southwestern College etc) will also be assessed and at rates equivalent to private sector owned parcels. The "fair market value" of such public properties is identical to surrounding privately owned parcels and any increased values and benefits derived from PBID programs and services would be similar for either public or privately owned parcels, with or without improvements. Just as the costs and effects of blight are shared by both public and private properties, so are the rewards of clean and safe as well as district promotions and marketing programs. Since there is no compelling finding or evidence that such properties would receive less direct benefit from the proposed PBID programs and services than surrounding private parcels, the same assessment rates would be levied. Finding 6. From Section 4(b): "All assessments must be supported by a detailed engineer's report prepared by a registered professional engineer certified by the State of California". This report shall serve as the "detailed engineer's report" to support the benefit property assessments proposed to be levied within the Downtown National City PBID. 5 13330 Buttemere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (760) 868-6490 • mred2@earthlink.net Zone 2: Assessment = Edward Henning & Associates URBAN REVITALIZATION • FUNDIN combination of parcel area, building area and street frontage, there are, in turn, corresponding amounts of Basic Benefit Units in the PBID as shown in Step 7 herein. The target weighted revenues from each formula component were 50% for land area, 30% for building area and 20% for street frontage. The final adjusted weights are 49% for land, 33% for building area, 17% for street frontage and 1% for SFR and condo flat rates. Further, the targeted weighted revenues for each Benefit Zone were 60% for Zone 1 and 40% for Zone 2. The final adjusted weights are 61%for Zone 1 and 39%for Zone 2. step 3. Calculate Benefit Units for Each Property. The number of Benefit Units for each identified benefiting parcel within the Downtown National City PBID was computed from data extracted from City of National City, San Diego County and third party real estate data services property and land use records. These data sources delineate current land uses, property areas and dimensions of record for each tax parcel and are listed as an attachment to the Management District Plan. While it is understood that this data does not represent legal field survey measurements or detailed title search of recorded land subdivision maps or building records, it does provide an acceptable basis for the purpose of calculating property based assessments. All respective property data being used for assessment computations has been provided to each property owner in the PBID for their review. All known or reported discrepancies or errors have been corrected. Step 4. Determine Assessment Formula For aDistrict with a single Basic Benefit Unit with one Benefit Zone, the assessment formula would be the same for each identified benefiting property as follows: Number of Basic Benefit Units x Basic Unit Cost = PBID Assessment The Downtown National City PBID assessment is to be based on three Basic Benefit Unit factors; land square footage (Basic Benefit "A" Units), building area (Basic Benefit "B" Units) and linear feet of property frontage (Basic Benefit "C" Units). It has been determined that the assessment should be bacrd partially on parcel size, building size and street frontage as follows: Zone l: Assessment = [(No. of Benefit "A-1"Units x Basic "A-1" Unit Cost)] + [(No. of Benefit `B-1" Units x Basic `B-1" Unit Cost)] + [(No. of Benefit "C-1" Units x Basic "C-I" Unit Cost)] [(No. of Benefit "A-2"Units x Basic "A-2" Unit Cost)] + [(No. of Benefit `B-2" Units x Basic `B-2" Unit Cost)] + [(No. of Benefit "C-2" Units x Basic "C-2" Unit Cost)] 7 13330 Buttemere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (760) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING TABLE 2 Total Adjusted Year 1 Re -venue (For Special + General Benefit Proer'ants/Activities) Funding Source PBID Assessments PBID Formation Pro -rated Credit/Year (S35,000 base) PBID Formation Pro -Rated Volunteer Credit Year (50% base) Annual Board/Volunteer Credit (35% base Admin) TOTAL AD USTED REVENUE Subtotal Revenue S240,722.01 S7 000.00 $3 500.00 S14,350.00 S265 572.01 90.64% 2.64% 1.32% 5.40% 1 00.00% Step 7. Calcnlate "Bask Unit Cost" (Special Benefits Only) With a Year 1 budget of $240,720.01 (special benefit only), the Basic Unit Costs ("A", "B" and "C") from the Management Plan are: Basic Unit "A" Cost "B-a" Cost "B-b" Cost "B-c" Cost "B-d" Cost `B-e" Cost `B-f' Cost "B-g" Cost "B-h" Cost "B-i" Cost "C" Cost Land Use Description All except SFR and condos Retail, hotels, motels, visitor Office, commercial,pkg struc. Industrial, manufacturing Institutional, government etc Residential 20+ units Residential 9-19 units Residential 2-8 units Single family residential Residential Condo All except S1�R and condos TABLE 3 Benefit Zone 1 $0.0841/sf $0.1886/sf $0.1696/sf $0.1696/sf $0.1577/sf $0. 1485/sf $0.1485/sf $0.1485/sf $240 flat rate $240 flat rate $1.8264/L,F Benefit Zone 2 $0.0757/sf $0.1697/sf $0.1697/sf $0.1697/sf $0.1578/sf $0.1485/sf $0.1485/sf $0.1485/sf $240 flat rate $240 flat rate $1.8264/LF Since the PBID is planned for a five year term, maximum assessments for future years (Years 2 through 5) must be set at the inception of the PBID. A maximum annual flat rate increase of 5% may be imposed each year, subject to approval by the PBID Board. 9 1333o Buttemere Rd • Phelan CA 92371 • (760) 868.9963 • (fax) (760) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING EDWARD HENNING & ASSOCIATES Edward Henning and Associates is a multi -disciplined consulting firm offering a diverse range of community development and funding services focusing on downtown business districts and the unique problems and opportunities associated with center city areas. Types of services provided • Business Improvement District (BID & PBID) Formations, Modifications, Expansions, Updates • Prop 218 Assessment Engineering Analyses and Reports (Licensed Engineer) • Downtown Revitalization Plans/Redevelopment Planning and Implementation • Establish/Administer/Field Supervision for Rehabilitation'Programs and Projects • Architectural Design Guidelines/ Sign Ordinances Partial list of agencies and clients represented • Town of Apple Valley • City of Berkeley • City of Buena Park • City of Culver City • City of Huntington Park • City of Huntingtbn Beach • City of Los Angeles - Gateway to LAX - Historic Downtown Core - Hollywood District - Melrose/Fairfax — Larchmont - Los Feliz - San Fernando Valley (6 areas) - San Vicente - Wilshire Center • City of Monterey Park • City of Napa • City of Newport Beach • City of Ontario (Downtown) • City of Oxnard •; City of Pasadena • Placer County (Tahoe City) • City of San Francisco (Union Square) • City of Vacaville • City of Whittier • City of Yucaipa PBID Formation (Village) BID Formation (Downtown) BID Formation Analysis (Auto Row & Entertainment Corridor) BID Formation (Downtown) BID Formation (Pacific Blvd.) BID Formation (Auto Row District) PBID Formation & Renewal (Prop 218 Compliance) PBID Formation (Prop 218 Compliance) PBID Formation (Prop 218 Compliance) PBID Formation (Prop 218 Compliance) PBID Formation & Renewal BID Formation PBID Formation (Prop 218 Compliance) Private Sector PBID Formation Hybrid BID/PBID Formation BID Modification (Downtown) PBID Formation (Downtown) BID Advising BID Modification PBID Formation (Downtown) PBID Formation (Playhouse District) Citywide Tourist Improvement District (TID) PBID Formation (Downtown) PBID Formation (Prop 218 Compliance) BID Formation (Downtown) Citywide Tourist Improvement District Evaluation (TID) BID Modification (Uptown) PBID Formation & Renewal(Uptown) I 13330 Buttemere Rd • Phelan CA 92371 • (76o) 868-9963 • (fax) (76o) 868-6490 • mred2@earthlink.net Passed and adopted by the Council of the City of National City, California, on July 19, 2005, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: By: NICK INZUNZA C ty Clerk of the C' y of National City, California Deputy I HEREBY CERTIFY that the above and foregoing is .a full, true and correct copy of RESOLUTION NO. 2005-154 of the City of National City, California, passed and adopted by the Council of said City on July 19, 2005. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE: July 18, 2006 AGENDA ITEM NO. 21 �TEM TITLE RESOLUTION APPROVING THE ASSESSMENT ENGINEER'S REPORT AS OUTLINED IN THE DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN FOR PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN THE DOWNTOII,VN PROPERTY BUSINESS IMPROVEMENT DISTRICT (MORGAN SQUARE) PREPARED BY �/ i DEPARTMENT Chris Zapata, City Manager City Manager EXPLANATION 619-336-4240 The Engineer's Report calculates the annual cost to be assessed to each property owner located within the District. The amounts provided in the report are intended to provide various improvements to the district including: • Sidewalk sweeping • Decorations and banners • Enhanced trash receptacles • Administration, legal and engineering costs • Signed refurbishment costs • Other contingencies The County of San Diego Auditor and Controller will collect fees as part of the annual property tax roll procedures. Upon collection, the funds will then be disbursed to the City. This resolution adopts the Engineer's Report and orders it to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. Environmental Review ✓ N/A Financial Statement Maintenance costs for fiscal -year 2005-2006 operation of the District were estimated at $242,790.82 with an option to increase a maximum 5% for subsequent years with fees to the property owners in the range from $240 to $22,786.90. No change in the assessment amount is expected for fiscal year 2006-2007. Account No. N/A STAFF RECOMMENDATION Adopt resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. Downtown National City Property Business Improvement District Management District Plan A-200 (9/80) RESOLUTION NO. 2006 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ASSESSMENT ENGINEER'S REPORT AS OUTLINED IN THE DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN FOR PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN THE DOWNTOWN PROPERTY BUSINESS IMPROVEMENT DISTRICT WHEREAS, the City Council, pursuant to the terms of the "Property and Business Improvement District Law of 1994" being Division 18, Part 7 (Section 36600 et seq.) of the Streets and Highways Code of the State of California and Article XIII D of the Constitution of the State of California ("Article XIII D"), has received an Assessment Engineer's -.Report ("Report") as outlined in the Downtown National City Property Business Improvement District Management District Plan for the annual levy of assessments within a district, said district known and designated as the Downtown National City Property Business Improvement District (hereinafter referred to as the "District"); and WHEREAS, this City Council has now carefully examined and reviewed the "Report" as presented, and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the special benefits received from the improvements to be maintained, as set forth in said "Report". NOW THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: RECITALS Section 1. The above recitals are all true and correct. PROCEDURES Section 2. That the "Report" as presented consists of the following: A. Plans and specifications describing the general nature, location and extent of the improvements to be maintained and the extent of such maintenance; B. An estimate of the cost of the maintenance of the improvements for the Maintenance District for the referenced fiscal year; C. A diagram for the Maintenance District, showing the area and properties proposed to be assessed; and Resolution No. 2006 — July 18, 2006 Page 2 D. An assessment of the estimated costs of the maintenance, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefits received. Section 3. Said Report includes all costs and expenses of maintenance and service for the fiscal year commencing July 1, 2006, and ending June 30, 2007. Section 4. Said Report, as presented, is hereby approved on a preliminary basis, and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. Section 5. That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Engineer's "Report". PASSED and ADOPTED this 18th day of July, 2006. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Inzunza, Mayor NEW. CITY AMERICA, INC. MARCO LI MANDRI, PRESDIENT * WWW.NEWCITYAMERICA.COM DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN Formed Under California Streets and Highway Code Section 36600 Property Business Improvement District Act of 1994 FINAL PLAN SUBMITTED TO: THE DOWNTOWN NATIONAL CITY P.B.I.D. STEERING COMMITTEE THE CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION EXECUTIVE DIRECTOR BEN MARTINEZ MAYOR NIC INZUNZA AND CITY COUNCIL MEMBERS LUIS NATIVIDAD, RON MORRISON, FRANCISCO PARRA AND ROSALIE ZARATE PRESENTED BY: MARCO LI MAT DRI, NEW CITY AMERICA INC. APPROVED APRIL 30, 2004 DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN FINAL PLAN- APRIL 30, 2004 TABLE OF CONTENTS I. INTRODUCTION, EXECUTIVE SUMMARY II. ADDRESS SERIES, GENERAL STREET BOUNDARIES III, WORK PLAN AND BUDGET IV. ASSESSMENT METHODOLOGY TO FUND THE SPECIAL BENEFITS V. RELEVANT ENABLING LEGISLATION, AB 1021 VI. ENGINEER'S REPORT AND RELATIONSHIP BETWEEN ASSESSMENTS PAID AND SPECIAL SERVICES RECEIVED VII. DISTRICT GOVERNANCE APPENDIX A. MAP OF THE DISTRICT B. FIVE YEAR PROJECTION OF ASSESSMENTS C. LIST OF PARCELS INCLUDED IN DISTRICT D. CERTIFIED ENGINEER'S REPORT PART 1 EXECUTIVE SUMMARY DOWNTOWN NATIONAL CITY MANAGEMENT DISTRICT PLAN Statement of Purpose Over the past two years, the people of San Diego County have begun to see National City in a whole new light. Long identified with the extremely successful National City Mile of Cars, the City now has the distinct identify of a municipal corporation aggressively moving forward on a number of fronts. Whether it be the visionary Marina project, the development of Filipino Village, the beautification of Highland Avenue or the creation of the Education Village in Downtown National City, more things are happening in this City than almost anywhere else in the County. Under the leadership of the Mayor and City in a race to re- position it as a great City with bustling commerce, historic significance, a great urban forestry plan, strengthening of ethnic neighborhoods and experimenting with what makes Downtowns work in the 21st Century. Led by a group of significant, small and long-time business and property owners, this effort to establish a Property Business Improvement District was initiated in March 2004. With great speed and tremendous commitment, it is the intent of this district to be established and generate its first revenues by the conclusion of calendar year 2004. Such an undertaking is unprecedented but reflects the seriousness of the effort of the Downtown stakeholders to redefine themselves to the surroundings region. With the growing state budget crisis in Califomia and its resulting impact on the cities, it is safe to assume that current National City general benefit services delivered in the Downtown business district will not increase in the future. To make the Downtown district and community better, commercial and institutional property owners must look at new ways of funding special benefit services to clean up the district as well as promote the area. Such special benefit services could include bringing a new identity to the Downtown business district, funding new gateway signs to the district, regular sidewalk sweeping, sidewalk steam cleaning, removal of bulky items, trash receptacle emptying, providing private security services above and beyond that of the National City Police Department aiding in the coordination of homeless intervention services, proposing solutions to parking problems, initiating beautification programs, tree planting and maintenance, coming up with new marketing and promotions programs, defining greater visual linkages to the 8th Street Trolley stop as well as serving as an advocacy group of business and property owners. This proposed Downtown National City PBID or special benefits district would be funded through an assessment levied on each and every parcel in the finalized and approved boundaries in Downtown. Affected property owners have determined the exact costs of funding these special benefit services. All properties, public and private, would be included in this new assessment district. In early April, a survey was mailed to every property owner within the initial study area. The area included all parcels on National City Blvd. between 2m1 Street on north, 12th Street on the south, and long 8th Street from the Trolley Stop on the west to E Avenue on the east. There are 153 parcels in the proposed district, represented by 96 property owners. The district is approximately 34 square blocks. The database compiled by New City America, Inc. reveals the following data that would create the material basis for the appointment of assessments throughout the district: o 1,489,289 square feet in total lot size; o 446, 214 square feet in total building size; o 22,175 linear feet in total frontage The survey results were quite stunning. The results of the survey were as follows: NUMBER OF RESPONSES: Respondents represented the following property variables: Lot size: Building size Linear Frontage 522,523 square feet or 35% of the total 240,713 square feet or 54% of the total 8,248 linear feet or 37% of the total Of those who responded to the survey, the following respondents, (by weight) demonstrated their support for creation of the PBID: Responses from Property Owners Who Returned PBID Survey Response Lot Size Building Size Linear Frontcrge Support Formation 76% 86% 77% Oppose Formation 24% I2% 23% Of those who responded, the following represent support of specific special benefits funded by the PBID: > 61% had owned their property for 9 years or less; > 73% were sole proprietorship or family owned properties > 52% believed that National City had been portrayed negatively by the major media in the last few years; > 84% believed that Downtown was unsafe or "safe, however suffers an image as an unsafe district;" ➢ 54% would support property owners funded special benefit security services; ➢ 54% feel their customers would not feel safe walking from the corner of 8th and National City Blvd. and the trolley Stop; ➢ 64% would support initiation of property owner funded regular sidewalk/gutter sweeping and steam cleaning services; ➢ 70% support property owner funded special events to improve the identity of Downtown; Based upon this level of support, the Downtown National City PBID Steering Committee is presenting the following to all Downtown Property Owners for their consideration: PROPERTY VARIABLES TO BE ASSESSED: Three property variables will be used to fund the special benefit services of the district. Those variables will include: lot or parcel size, building square footage, and linear frontage. Each of these variables can be verified by County records. By law, the district can only fund special benefits, not general benefit services. Building square footage will be further categorized by "use", (retail, hotel, church, public building, office, etc). Use determines needs and therefore special benefit to be received. SERVICES TO BE FUNDED: The primary special benefits to be funded by the creation of the district will be related to maintaining order and cleanliness in the public rights of way. In addition, beautification of the Downtown will be paramount as well as creating concrete visual linkages between the Trolley stop west of the freeway and the heart of the business district at 8th and National City Boulevard. After order and beautification, district identity and promotional programs will be funded. Finally, a component for administration/corporate affairs and contingency/reserve will be included in the budget. Consistent with state legislation, the district shall remain in place for five years with provisions for annual CPI adjustments as well as annual di s establishments procedures. BENEFIT ZONES: There will be two benefit zones in the proposed district. Benefit Zones are determined by the level and frequency of services to one sector of the district, vs. another. For example, the core area parcels along National City Boulevard between 2°d and 12`h, as well as 8th Street from the .freeway bridge to A Avenue, will constitute Benefit Zone 1. All other parcels in the district will fall into Benefit Zone 2. ANNUAL BUDGET: The annual first year budget is anticipated to be 242,790.82. Benefit Zone 1 parcels will pay a medium due to increased benefits anticipated to be derived from the formation of the district. Building use will determine the annual building square footage costs., by Benefit Zone. The proposed building uses have been categorized as follows. Each parcel has been analyzed to determine proper category of use and therefore benefit: (Internal parking built into structure will be credited to overall building size). APPORTIONMENT OF BUILDING USES: Building Use Code Description of Use A Retail space, hotels, motels, visitor related B Office and Commerical uses, Independent, free standing parking structures C Industrial/Manufacturing/Distribution D Institutional ( School, public, park Church, Tax-exempt properties E Multi -unit housing, apratments (20 units or more) F Multi -unit housing, apratments (9 - 19 units) G Multi -unit housing, apratments (2 8 units) H Single Family housing units Condo units - $240.00 flat fee per year Approximately $146,565.45 (60%) of the assessments will be generated from parcels;within Benefit Zone 1. The balance, $96,225.37 (40%) will be generated from Benefit Zone 2 parcels. COST: Downtown National City PBID First Year Costs by Property Variable PROPERTY VARIABLE ANNUAL COST BENEFIT ZONE 1 ANNUAL COST BENEFIT ZONE 2 TOTAL GENERATED BY VARIABLE Lot Square Footage $ 0.0841 per square foot per year $ 0.0757 per square foot per year $ 119,868.98 (49%) Building Square Footage (range) $ 0.1485-$0.1886 per square foot per year $0.1485-$0.01697 per square foot per year $80,261.42 (33%) Linear Frontage $ 1.8264 per linear foot per year $ 1.8264 per linear foot per year $40,500.42 (17%) Single Family Home And Condo Annual Fee $ 240.00 $240.00 $2,160.00 (1%) Total Annual Budget $ 242,790.82 ANNUAL ADJUSTMENT: The Board of Directors of the Management Corporation will be given the option to increase the assessments annually based upon the San Diego County regional CPI indicator or by an amount not to exceed 5% from the previous year's assessments. The Management Corporation shall have the right to shift allocations within the four categories as they feel appropriate and as long as it remains consistent with the intent of the plan. The Board shall also have the right to shift up to 10% per year from category to category, each year, as needs change with priorities of special benefits. PART II ADDRESS SERIES, GENERAL STREET BOUNDARIES LOCATION: In general, Downtown National City PBID includes all private and public parcels within the following boundaries: Street Address Series Street Name 704-724 A Avenue 827 B Avenue 811-817 C Avenue 831-835 D Avenue 41-43 E. 12th St. 14-35 E. 3rd St. 10 E. 5th St. 27-404 E. 8th St. 419 E. 9th St. 810-925 Hoover Avenue 205-1146 National City Blvd. 225-1133 Roosevelt Avenue 25-38 W. 11th St. 21 W. 12th St. 30 W. 2nd Avenue 21-27 W. 3rd Avenue 21 W. 7th St. 110-200 W. 8th St. 111-225 W. 9th St. 32-121 W. Plaza Blvd. PART. 111 WORK PLAN BUDGET SERVICES: Special benefit services to be financed by the Downtown National City Boulevard Property Business Improvement District will primarily include funding the following types of services. Based upon the survey results of the property owners, and estimated costs and services, the preliminary special benefits funded by the Downtown National City Property Business Improvement District are as follows: Proposed Downtown National City PBID: 1. Public Rights of Way and Sidewalk Operation (PROWSO) • Sidewalk sweeping; • Beautification; • Decorations and banners; • Enhanced trash receptacle placement and regular emptying; • Removal of bulky items; • Tree and shrub planting and maintenance • Work with City on hazardous issues; • Maintenance of public order in the sidewalks; • Homeless intervention; • Equipment, supplies, tools; • Misc. 2. District Identity and Streetscape Improvement (DISI) (Predominantly in Benefit Zone 1) • Special events (1 per year) • Web site; • Pedestrian kiosks/signage • Underwriting advertising coop for hotel and retail 3. Administration and Corporate Operations: • Staffing; • Insurance; • Office related expenses; • Misc. 4. Contingency/Reserve: • Delinquencies; • City costs; • County costs; • Hardship; • Reserves; Consistent with state law, any property assessment district must confer a special benefit to real property owners paying into the assessment district. At times, specific parcels will derive greater benefit, due to their proximity to a "core" area. These core and peripheral parcels, will from time to time, be designated through "benefit zones". The Downtown National City PBID anticipates two benefit zones, each receiving varying degrees of special benefits funded from the assessment district. The two benefit zones are proposed as follows: Benefit Zones: The Downtown National City PBID Benefit Zones are created based upon the frequency and type of special benefit services that might be desired. For example, the core area near National City Boulevard and Bch Street may need special benefit services six days per week, have large special events and be the focus of many promotional activities. These property owners would pay for those specific special benefit services based upon the anticipated benefit to be received. Benefit Zone Boundaries Zone 1 (core area) National City Boulevard from 2hd to 12`h Street 8th Street from the Freeway bridge to A Avenue Zone 2 (peripheral area) All other streets in the district not included in Benefit Zone 1 TABLE 1 — FREQUENCY OF SPECIAL BENEFIT SERVICES BY BENEFIT ZONES Special Benefit Service Benefit Zonel Frequency Benefit Zone 2 Frequency Public rights of way and Sidewalk operations (PROWSO) 6 days per week 4 days per week District Identity and Streetscape Improvements (DISI) • Special Events • Holiday Decorations Through Programs Once per year Seasonally Through programs None None Administration/ Corporate Operations Monday- Friday Monday -Friday PART IV ASSESSMENT METHODOLOGY TO FUND SPECIAL BENEFITS BUDGET: The first year annual budget is projected to be $242,790.82. Annual adjustments of up to a maximum of 5% over the previous year's gross assessment amount are allowable, subject to the approval of the Downtown National City Property Business Improvement District Management Corporation. TABLE 2 — SPECIAL BENEFIT SERVICES BROKEN DOWN BY ESTIMATED COSTS PER BENEFIT ZONE stimated Costs Service Benefit Zonel Benefit Zone 2 PROWSO: • Sidewalk Sweeping • Beautification • Decorations and banners ■ Enhanced trash receptacle emptying ■ Removal of bulky items • Reporting hazards to City; • Removal of bulky items; ■ Tree and shrub planting and maintenance • Maintenance of public order ■ Homeless intervention 6 days per week As needed As needed As needed As needed Daily As needed Weekly As needed As needed 4 days per week As needed As needed As needed As needed Daily As needed Weekly As needed As needed ESTIMATED PERSONNEL NEEDS '/2 cost of Supervisor; (23,040) 1 maintenance worker, full time, 40 hours per week ($27,850) 1 maintenance worker, six days per week, 48 hours ($30,720) %z cost of Supervisor; ($23,040) 1 maintenance worker, full time, 40 hours per week ($27,850) Estimated maintenance personnel costs $81,610 $50,890 Total Estimated Personnel Cost $132,500 *THE PURPOSE OF THIS CALCULATION IS TO PROVIDE A MATERIAL BASIS FOR THE P.R.O.W.SO. PERSONNEL COSTS. THE ADMINISTERING CORPORATION CAN CONTRACT OUT THESE SERVICES TO A FOR -PROFIT OR NON-PROFIT CORPORATION, OR PROVIDE, THE LINE ITEM IN THE BUDGET FOR THE P.R.O.W.S.O. PERSONNEL IS ESTIMATED TO BE $ 132,500.00 ANNUALLY. The basis of determining personnel cost is derived from One Source, a nationwide company that provides employees for many building management companies, as well as BIDs. One Source's rates on labor include workers comp, payroll taxes, check disbursements, health benefits, vacation and sick time. Most importantly, these are contracted employees and therefore release the management corporation of payroll and personnel related liabilities. Total overhead factor of employees, fully loaded, is about 1.6 in an overhead factor.from the base wage rate. Supervisor rate was calculated at $12.00 per hour, and maintenance workers at $8.00-9.00 per hour, starting pay. We reiterate that this is simply a tool for calculating costs of maintenance personnel. The free market, and competitive bidding may produce higher and better results. It is the job of the management corporation to maximize the delivery of special benefit services to the property owners based upon various category and line items of services. The function of this crew is to deal with all services in the public rights of way, including but not limited to: sweeping, beautification, decorations, security, etc. TABLE 3 — SPECIAL BENEFIT SERVICES / P.R.O.W.S.O. NON -PERSONNEL ANNUAL COSTS INCLUDING EQUIPMENT AND MATERIALS PROWSO Equipment and Materials Truck lease, insurance Uniforms Communications Supplies Water Dumpster costs Nursery Items Small Equipment Miscellaneous Total Estimated Annual Equipment Costs Estimated Annual Cost $6,000.00 $1,000.00 $4,000.00 $8,000.00 $1,000,00 $6,000.00 $8,000.00 $3,000.00 $3,500.00 $40,500..00 Again, these services may be provided by an outside contractor, however accommodations must be made for these costs whether done in-house of an outside contractor. In addition, this budget does not assume any grants from public agencies or foundations that could underwrite the costs of equipment. Nor does it assume that the City would pay for landscaping water related costs or dumpster removal fees, both of which could be negotiated with CDC. TABLE 4- DISTRICT IDENTITY AND STREETSCAPE IMPROVEMENTS SUGGESTED BUDGET ITEMS Program to be funded/Both Benefit Zones Estimated First Year Annual Cost Special events (1 per year); $5,000 Logo Creation ( First Year only) $1,000 Web site creation and maintenance $4,000 Pedestrian kiosks / signage annually $4,000 Total Estimated First Year Annual Costs $14,000 TABLE 5 — ADMINISTRATION AND CORPORATE OPERATIONS SUGGESTED ALLOCATIONS Program to be Funded Estimated First Year Annual Cost Staff ( Community Advocacy, retail attraction, Corporate minutes, administration to Board) $26,000 Insurance $3,000 Office rent $6,000 Phone/Fax $1,000 E-mail Service $800 Office supplies $1,000 Office Equipment $2,000 Utilities $1,200 Total Estimated Annual Costs $41,000 TABLE 6 — SPECIAL BENEFIT SERVICES/ CONTINGENCY — RESERVE ANTICIPATED NEED Program to be Funded Estimated First Year Cost County Costs (1.7% of total assessments) City costs ($500.00 per year) No -pays, (uncollected assessments) (?) Misc / Reserve (Balance of expenses) Total Estimated Annual Costs 514,790.82 TABLE 7 — TOTAL FIRST YEAR DOWNTOWN NATIONAL CITY SPECIAL BENEFIT SERVICES BUDGET LINE ITEMS BASED UPON SUGGESTED PROGRAMS AND ALLOCATIONS Program First Year Allocation % of Total Budget Public Rights of Way and Sidewalk Operations — Personnel and Equipment for All Benefit Zones $ 173,000.00 72% District Identity and Streetscape Improvements $14,000.00 6% Administrative / Corporate Operations $41,000.00 17% Contingency / Reserve $14,790.82 5% Total Estimated First Year Costs of Programs $242,790.82 100% METHOD OF FINANCING: This method of financing the special services is based upon the levy of assessments on real property that benefits from proposed improvements and activities. This represents a "benefit assessment district" as defined in the California Streets and Highway Code. Assessed valuation cannot be used a the basis for special benefits assessments due to the introduction of Proposition 13 into the state constitution in 1978. There are at least four basic factors that will be used in determining individual assessments. These factors include 1) linear frontage, 2) land area and 3) building square footage, 4) building use. The assessments for the Downtown National City PBID are based upon these variables, which have been endorsed by the property owners as the most fair and equitable for apportionment of assessments to participating parcels. Linear frontage will be assessed on all sides of the parcel receiving benefit. PBID assessments would be collected annually by the San Diego County tax assessor and would appear as a line item on the annual property tax bills. The assessments are collected by the County and transferred to the City of National City. They are then transferred directly to the Downtown National City PBID Management Corporation. The funds are then allocated consistent with the previously agreed upon programs in the Management District Plan. TABLE 8 — TOTAL GROSS DOWNTOWN NATI Property Variables Total in District Lot Size 1,489,289 square feet Building Size 446,214 square feet Linear Feet 22,175 linear feet There are 153 parcels and 96 legal owners currently in the database of the above mentioned property variables. There are about 34 square blocks in the district. Apportionment of Costs to Property Variables used in the Assessment Methodology As is common practice, various property variables fund different special benefit services in the district. We have employed an assessment methodology that we believe supports the relationship between assessments paid and benefits received. The following programs and services must confer a special benefit to real property owners to be consistent with Article X111 (d) of the state constitution. ANNUAL BUDGET: The annual first year budget is anticipated to be $242,790.82. Benefit Zone 1 parcels will pay a premium due to increased services and increased benefits anticipated to be derived from the formation of the district. Building use will determine the annual building square footage costs, by Benefit Zone. The proposed building uses have been categorized as follows. Each parcel has been analyzed to determine proper category of use and therefore benefit: (Internal parking built into structure will be credited to overall building size). TABLE 9 — DEFINITION OF BUILDING/ LAND USES: Building Use Code Descrz'ption of Use A Retail space, hotels, motels, visitor related B Office and Commercial uses, Independent, free standing parking structures C Industrial / Manufacturing / Distribution D Institutional (School, public, park Church, Tax-exempt properties E Multi -unit housing, apartments (20 units or more) F Multi -unit housing, apartments (9 — 19 units) G Multi -unit housing, apartments (2 — 8 units) H Single Family housing units - $ 240.00 flat fee per year I Condo units, $240.00 flat fee per year The proposed apportionment of special benefits to the various property variables are as follows: TABLE 10 — APPORTIONMENT OF SERVICES TO PROPERTY VARIABLES Program to be Funded Benefit Zone PROWSO: • Maintenance Personnel • Maintenance Personnel • Non -personnel, equipment 1 (81,610) 2 ($50,890) 1,2 ($40,500) - - - . _..__ _ '/2 to all building square footage 1/2 to all lot size in Benefit Zone 1 '/2 to all building square footage, %2 to all lot size in Benefit Zone 2 All linear frontage, apportioned Equally in both Benefit Zones DISTRICT IDENTITY AND STREETSCAPE IMPROVEMENTS: • Special events (1 per year) 1 Building square footage "a" only ($5,000) • Logo creation 1,2 Building square footage a-c ($1,000) • Web site creation/maintenance Building square footage a-c 1,2 ($4,000) • Pedestrian kiosks/signage 1,2 Building square footage a-d ($4,000) ADMINISTRATION AND CORPORATE OPERATIONS 1,2 Apportioned equally to all lot size ($41,000) in both zones CONTINGENCY / RESERVE 1,2 Apportioned equally to all lot size ($14,790.82) in both zones The assessment methodology annual costs are summed up in the following table: TABLE 11- ANNUAL COSTS PER SPECIAL BENEFIT SERVICE AND BENEFIT ZONE Benefit Zone Lot Square foot annual costs Building square foot annual costs Linear frontage annual costs Contribution to total budget 1 $0.0841 a. $0.1886 b. $0.1696 c. $0.1696 d. $0.1577 e. $0.1485 f. $0.1485 g. $0.1485 $1.8264 $146,565.45 Benefit Zone Lot Square foot annual costs Building square foot annual costs Linear frontage annual costs Contribution to total budget 2 $0.0757 a. $0.1697 b. $0.1697 c. $0.1697 d. $0.1578 e. $0.1485 f. $0.1485 g. $0.1485 $1.8264 $96,225.37 Both Condos and Single family homes $ 240.00 per _ year per unit Approximately $146,565.45 (60%) of the assessments will be generated fromparcels within Benefit Zone 1. The balance, $96,225.37 (40%) will be generated from Benefit Zone 2 parcels. CONDO FACTOR: It is unknown at this point how much future condos will contribute to the district. Since the condos are being built in mixed use or commercially zoned areas, they are nor exempt from payment into the assessment district. The condo ownerswill derive and appreciate the special benefit services they will receive from the cleaning and beautification services in the district. Provisions will be made to avoid a property variable and unit assessment for condos. Once a parcel or parcel(s) have been converted to condos, the per unit fee will kick in, however that parcel will have its linear frontage, building square footage and lot size deleted as a variable to be assessed. For example, if a 5,000 square foot lot is converted from a parking lot to a 10 unit condo development, that parcel will be reassessed to capture the $2,400 condo assessments annually now generated from that parcel (10 x $240.00 per year.) Simultaneously, the property variables of that parcel will be eliminated from the overall PBID database so the new condo owners are not doubly assessed for their property variables and condo units. Condos and residentially utilized single family residences will pay the same flat fee per year into the district. TABLE 12- DOWNTOWN NATIONAL CITY PB PROPERTY VARIABLE ANNUAL COST BENEFIT ZONE 1 is i ANNUAL COST BENEFIT ZONE 2 a ♦WS Ll�l 1 V tlltittf Lt TOTAL GENERA I'ED BY VARIABLE Lot Square Footage $0.0841 per square foot per year $0.0757 per square foot per year $119,868.98 Building Square Footage (range) $0.1485-$0.1886 per square foot per year $0.1485-$0.1697 per square foot per year $80,261.42 (33%) Linear Frontage $1.8264 per linear foot per year $1.8264 per linear foot per year $40,500.42 (17%) Single Family Home And Condo Annual Fee $240.00 $240.00 $2,160.00 (1%) Total Annual Budget $242,790.82 TABLE 13- AMOUNTS GENERATED BY DONWTOWN NATIONAL CITY PBLD Property Variable Total Gross Variable, Both Benefit Zones Amount Generated First Parcel or Lot Size 1489,289 $119,868.98 Building Square Feet 446,214 $80,261.42 Linear Frontage 22,175 $40,500.42 Single Family Home And Condo Annual Fee 9 $2,160.00 Total Assessments, First Year -Both Zones $242,790.82 PART V RELEVANT ENABLING LEGISLATION, AB 1021 The relevant enabling PBID legislation, which allows the property owners of Downtown National City to fund these special benefit services, is to be found in o Section 36600 of the California Streets and Highway Code known as the Property Business Improvement District Law of 1994. (Amended in 2000, 2003) On July 20, 2001, Governor Gray Davis signed AB 1021, approving changes to the Property Business Improvement District Law of 1994, (Cal. Streets and highway Code Sections 36600 et. Seq.) which changes several procedures involving PBIDs. The law became effective on January 1, 2002. The major change within the law is the establishment of an "Owner's Association." This Association will be a private, non-profit entity that will contract with the City to manage the PBID. It will be subject to the Brown Act (Ca. Government Code Sections 6250 et seq.) However, the Association will not be considered as a public entity for any other purpose. Similarly, any board members or staff will not be considered public officials. Under the amended law, all property owners who do not pay assessments will be subject to penalties for delinquent payments. The amended statute also provides provisions for renewal of the PBID. If the PBID is renewed after its first term (up to five years), the funds from the prior district may be used in the renewed district only for the benefit of the parcels within the boundaries of the prior district. If no parcels from the prior district are within the renewed district, the funds must be returned to the property owners. Also, upon renewal, a district may be renewed for up to ten years. These changes clarify issues regarding PBID operations and formation and the status of the non-profit organizations that manage PBIDs in the aftermath of the court ruling in Epstein vs. the Hollywood Entertainment District. The Epstein decision classified non-profit organizations that managed PBID's as public entities for purposes of the Brown Act. The issue has been raised that if the organizations were public entities for the Brown Act, could they also be public entities for other acts, such as the Political Reform Act. The changes in the new legislation ensure that these PBID and BID Management Corporations are not considered public entities for any California la except the Ralph M. Brown Act and the Public Records Act. Proposition 218 (Article XIII D of the state constitution) states in Section 4 (a): "No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional benefit conferred on that parcel. Only special benefits are assessable, and an agency must separate the general benefits from the special benefits conferred on a parcel." FORMATION: • District formation requires submittal of petitions from property owners representing at least 50% of the total assessment. The "Right to Vote on Taxes Act" (Proposition 218) requires that more than 50% of the ballots received, weighted by assessment, be in support of the District. ■ This petition support ensures that the mail ballot procedure will be successful in the formation of the district. Once the necessary thresholds of petitions have been collected, the management district plan will then be submitted to the City to begin processing the public hearing. With the adoption of an ordinance of intention, the City Council will Authorized the City Clerk to send out the mail ballots to all affected property owners to determine their support for the establishment of the district. • When all is said and done, the first assessment should be collected with the annual property tax bill in December 2004 with the Management Corporation receiving its first installment payment in January 2005. DURATION: • Pursuant to State Law, the District will have a set term. The proposed district will have a five-year life commencing January 1, 2005. After five years, the petition process must be repeated for the District to be re-established. TIME LINE AS SPECIFIED BY LAW: The district must be established to take advantage of the County's tax assessment notification schedule. Mindful of that, all property related assessment district must be established by the end of July in any calendar year, in order to have assessments levied on parcels for the upcoming fiscal year. In our case, the district must be established through an assessment ballot proceeding in late July 2004, in order to notify the County in time for the 2004-05 fiscal tax year. The first assessments would then appear on the property tax statements due in December 2004. In order to take advantage of this schedule, as well as to generate revenues in early 2005, the following time line has been adopted to ensure timely funding of special benefit programs: To work effectively, we must look at the completion date and work backwards: Date must be completed by Task to be completed July 20th, 2004 Public hearing/assessment balloting proceeding, ballots Counted by weight June 8th Resolution of intent by City to establish the district May 1st — May 31st Property owners representing 50% of the weight, based Upon assessments to be delivered, must sign petition endorsing April 30th Finalize management district plan including special benefit services to be provided, duration of district, boundaries, Benefit zones, assessment methodology, administration, etc. Initiate petition drive April 20, 2004 First rough draft Management District Plan submitted to PBID Steering Committee PART VI ENGINEER'S REPORT, EXEMPTIONS, ANNUAL ASSESSMENT INCREASES AND THE DURATION OF THE DISTRICT A. Assessment Methodology Property owners in Downtown National City have emphasized that an assessment formula for a PBID be fair, balanced and commensurate with special benefits received. NEW CITY AMERICA has contracted with Ed Henning and Associates to come up with a plant that has been certified by a licensed engineer. In preparing the engineer's report for the Downtown National. City PBID, the engineer concluded that the special benefit to .each parcel was found to be proportional to the property variable and their apportionment. An Engineer's report for the PBID is provided in the Appendix. B. Time and Manner for Collecting Assessments: As provided by state law, the Downtown National City Property Business Improvement District will appear as a separate line item on the annual property tax bills prepared by the San Diego County Tax Assessor. Property tax bills are generally distributed in the Fall and payment is expected by lump sum or in two installments. The County Assessor shall distribute the assessments to the City who will in turn then forward them to the designated Downtown National City PBID Management Corporation pursuant to the authorization of this plan. Existing law for enforcement of property taxes apply to the Management District assessments. The assessments shall be collected at the same time in the same manner as for any possessory interest tax paid to the County of San Diego. These assessments shall provide for the same lien priority and penalties for delinquent payment as is provided for the possessory interest tax. The "property owner" of the possessory interest shall be any person as the owner/taxpayer on the last equalized possessory interest assessment roll or otherwise known to be the owner/tax payer by the City Council. The City Council has no obligation other infoiination as to the ownership of the interest, and its determination or ownership shall be final and conclusive for the purposed of this district. C. Publicly Owned Parcels and Government Assessments: The Downtown National City PBID Steering Committee assumes that the City of National City, The Community Development Commission, Southwestern College, the County, the Unified School District, the State of California and any other publicly owned parcels will pay assessments for the special benefits conferred upon government owned property within the boundaries of the PBID. Article XIII D of the California Constitute, (Proposition 218), explains the basis for assessing publicly owned parcels: "Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt form Assessments unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. D. Annual Assessment Adjustment: The PBID Management Corporation, will be granted the option of increasing the assessments annually based upon the Customer Price Index of San Diego County or by a flat amount, not to exceed 5% per year. E. District Duration: Pursuant to State PBID Law, the Downtown National City PBID will have duration of five years, commencing on January 1, 2005 and extending through December 31S` 2009. This is the maximum period allowable for a new PBID under state legislation. Any continuation of the District after its five-year period will require compliance with all regulations and statutes in place at the time relative to the establishment of the new PBID. PART VII DISTRICT GOVERNANCE AND THE DOWNTOWN NATIONAL CITY P.B.I.D. MANAGEMENT CORPORATION A few rules and regulations should be considered by the Downtown National City PBID Management Corporation in the administration of the district. • Conflict of Interest: Any stakeholder who serves on the administering corporation's Board of Directors shall recuse himself or herself from any vote in which a potential conflict of interest is apparent. Such potential conflicts include, but are not limited to, prioritizing capital improvement projects which result in special benefit to specific property owners, prioritization of services to benefit a particular owner or group of owners, hiring or selecting the relatives of Board members, etc. In addition, the Management Corporation shall aim to meet the following operational objectives for the district.... • Create and manage programs that best respond to the top priorities of district property owners; • Maximize coordination of the City government to avoid duplication of services and to leverage resources; • Deliver services through a cost-effective, non -bureaucratic and easy to access organizational structure; • Provide accountability and responsiveness to those who pay through open access to Board meetings, elections to the Board and Board records. APPENDIX A MAP OF THE DISTRICT 09:40 FAX 6197232196 UNIT M8 eon r. .• 18690 Downtown National City PBID Barlett Vele 1 Benefit7.ane2 gtbibit "t! n�inmmnnc nQ.az AM AofFi City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 7-18-06 AGENDA ITEM NO. 22 ITEM TITLE Resolution amending the Agreement between San Diego Unified Port District and the City of National City for Police, Fire and Emergency Medical Services, extending the existing agreement for one year or until the negotiations for the new contract are complete. (Agreement No. 31-2003) PREPARED BY Lin Wurbs (336-4240) Asst. City Manager ,�) ��,� �) , ) City Manager EXPLANATION DEPARTMENT District and City are parties to an Agreement for Police, Fire and Emergency Medical Services. The Agreement is on file in the office of the District Clerk as Document No. 47043, dated March 25, 2004. (See attached amendment) Environmental Review ✓ N/A Financial Statement N/A. Account No. N/A STAFF RECOMMENDATION Adopt the resolution to amend the agreement with the San Diego Unified Port District. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO AGREEMENT FOR POLICE, FIRE AND EMERGENCY MEDICAL SERVICES WITH THE SAN DIEGO UNIFIED PORT DISTRICT TO EXTEND THE EXISTING AGREEMENT FOR ONE YEAR OR UNTIL THE NEGOTIATIONS FOR THE NEW AGREEMENT ARE COMPLETE WHEREAS, on March 2, 2004, the City Council adopted Resolution No. 2004-34, approving an agreement with the San Diego Unified Port District for the provision of police, fire and medical emergency services to the non -ad valorem taxpaying properties located on the City's tidelands from July 1, 2003 to June 30, 2006; and WHEREAS, negotiations for the new contract have not been completed, therefore, it is necessary to extend the existing agreement for one year or until the effective date of the new agreement, whichever comes first. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Amendment to Agreement with the San Diego Unified Port District for police and fire services from July 1, 2003 through June 30, 2007, or until the effective date of the new agreement, whichever comes first. Said Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 18th day of July, 2006. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Inzunza, Mayor AMENDMENT NO. 1 TO AGREEMENT BETWEEN. SAN DIEGO UNIFIED PORT DISTRICT and CITY OF NATIONAL CITY for POLICE, FIRE AND EMERGENCY MEDICAL SERVICES AGREEMENT NO. 31-2003 The parties to this Amendment No. 1 to Agreement are the SAN. DIEGO UNIFIED PORT DISTRICT, a public corporation (District) and the CITY OF NATIONAL CITY, a municipal corporation (City). Recitals: District and City are parties to an Agreement for Police, Fire and Emergency Medical Services. The Agreement is on file in the office of the District Clerk as Document No. 47043, dated March 25, 2004. The Parties Agree: 1. As allowed in Section 2, Period, this Agreement is extended for one additional year. Therefore, the Agreement shall cover services rendered for the four-year period from July 1, 2003 to June 30, 2007. 2. As provided in Section 3.A, Consideration, upon completion of negotiations, Board of Port Commission approval, and execution of the documents, the new Agreement will take effect and the extension of the existing agreement will end on the effective date of the new agreement, provided that the extended Agreement amount is adjusted based on the final negotiated price for the new Agreement. *END OF PAGE* Agreement No.: 31-2003; Amendment No. 1 Party to Agreement: City of National City Board Date: N/A Requesting Department: Executive Offices Page 1 of 2 3 . All other terms, covenants, and in full force and effect and shall The effective date of this Amendment CITY OF NATIONAL CITY Nick Inzunza Mayor Attest: Michael R. Dalla City Clerk Approved as to Form and Legality: George H. Eiser, III City Attorney conditions in the original Agreement shall remain be applicable to this Amendment. is July 1, 2006. SAN DIEGO UNIFIED PORT DISTRICT Jeffrey B. McEntee CFO/Treasurer PORT ATTORNEY Agreement No.: 31-2003; Amendment No. 1 Party to Agreement: City of National City Board Date: N/A Requesting Department: Executive Offices Page 2 of 2 City of National City, California COUNCIL AGENDA STATEMENT 23 MEETING DATE July 18, 2006 AGENDA ITEM NO. ITEM TITLE TEMPORARY USE PERMIT — National Night Out at Kimball Park on August 1, 2006 from 5 p.m. to 8 p.m. with no waiver of fees. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from Community Services to conduct the National Night Out event at Kimball Park and surrounding streets on August 1, 2006 from 5 p.m. to 8 p.m. This event is a community barbeque and rally followed by a brief march. Use of the City's PA system is requested. This event requires the following street closures: D Ave between 12th St and Plaza Blvd. Plaza Blvd between D Ave and National City Blvd. (westbound traffic) National City Blvd. between Plaza Blvd and 12th St. (northbound traffic) 12th St. between National City Blvd and "A" Ave. A Ave between 12th St and Kimball Park 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 Financial Statement Approved By: Finance Director The City has incurred $345.00 for processing the TUP through various City departments, plus $349.00 for the Fire permits and $475.41 for Public Works support. Total Fees are $1,169.41 Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Pet iiiit 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 (9/99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: National City Community Services Dept. EVENT: National Night Out 2006 DATE OF EVENT: August 1, 2006 TIME OF EVENT: 5 p.m. to 8 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: POLICE (619) 336-4400 Police Department will work with community services to coordinate the march and events in Kimball Park. ENGINEERING No CIP Projects in the event's vicinities anticipated as of event. However, please confirm with Engineering 1 weeks prior to the event to check, modify, and confirm schedule, if necessary. For more information, please contact Kenneth Fernandez at 619-336-4388. Please call the Engineering Department at least 72 hours prior to the event for any necessary coordination with the Contractors in the event of construction in the vicinity. Please contact Charles at 619-336-4380 FIRE (619) 336-4550 1) Fire access to be maintained at all times. 2) Access to be maintained at all times to all Fire Department connections and appliances, (fire hydrants, sprinkler system connections, etc.) within the area of the event. 3) Tents having an area in excess of 200 square feet and canopies in excess of 400 square feet or multiple tents and canopies placed together equaling or greater than the above stated size are to be used, they are to be flame-retardant treated and a permit from the Fire Department must be obtained. Permit fee is $349.00. Fees can only be waived by the City Council. 4) Parade participants to move immediately to the sidewalks upon approach of emergency vehicles. PUBLIC WORKS (619) 336-4580 Street Division 1. Staff will barricade affected streets and remove them when the event is over. 2. Staff will post "No Parking" signs along affected streets before the event. 3. The cost to provide Street personnel support for this event is estimated to be $475.41. Parks Division 1. The applicant does not request the use of the City's PA system. Therefore, no PA system will be provided. 2. The applicant does not request the use of the City's stage. Therefore, no stage will be provided. 3. Staff will set up picnic table prior to day -end. Therefore, no overtime will be created Fees Unless waived by the City Council, the applicant shall pay $475.41 for staff costs associated with this permit request. =l= a y; � > m V Type of Event: a V '^'' _ Public Concert _ Fair _ Festival V_ Community Event i W y,Parade _ Demonstration — Circus _ Block Party o ce -� 1 _ Motion Picture _ Grand Opening _ Other a Ji0viaQ EventTitle: N0 tG " (,, l 4 �� Event Location: cl--i.(11vUc Pc C ' SO't'r0(f(lb/l c51 Event Date(s): From PJ it to g/i Total Anticipated Attendance: Month/Day/Yea ( Participants) Actual Event Hours: J----" a �� o _g_____ ark/ ( Spectators) Setup/assembly/construction Date: 0/ % Start time: Please describe the scope of your setup/assemblyiiwork (specific details): Dismantle Date: P / / Completion Time: `e am/67 List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. D Avg (PxhdzLn er PIA-z4) ; w ,z42 Qiue fee, 6 fizz Atc >11C 8 LVL j 5 alb /JC k'L1//) (13-i..i e vi itA2 /o74s., )1 lam',. S -F (& A/c L; 1-V/i f `A ,4 ) , A Ali of lUtitr1 Pi`‘ ,/4 4/ ill" Sponsoring. Organization: Cop at/ir/ J 5'& V/ C'S Chief Officer of Organization (Name) Les l r e t5-e Applicant (Name): PO IV GaPeZ Address: ` � �_ /� free-f-S ra Daytime Phone: (WO ?36 Y)°Evening Phone: ((vi) g /$ 6267"Fax: Contact Person "on site" day of the event: Ray o4 z- For Profit '6ZNot-for-Profit Pager/Cellular: 6 (9 /Pj g.- 0V NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY' OFFICIALS 1 is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): ,-YES _ NO YES K—NO $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION ofyour _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. ',7l1'I/Yi a (',V bbp cwd ray /7c - c ; / ..� ,( ,S)/T march ...Lsc 4- a ( / % fivr) j� X- , _ YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 _ YES ,_NO Does the event involve the sale or use of alcoholic beverages? YES K. _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. _ YES -NO Does the event involve the 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 KNO Will the event involve the use of the City stage or PA system? Will items or services be sold at the event? If yes, please describe: XYES _ 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. 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 ho food will be served at the event: ass / h w�,! If ou intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities — �1k 'c (eS17 r 1 Number of portable toilets: (1 for every 50 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: Trash containers with lids: Describe your plan for clean-up%and removal of waste and garbage during and after the event: i jtF{%s 1 (/��(/ r zQ /0ar �i s,4 re r eit'S'. 3 Please describe your procedures for both Crowd Control and Internal Security: WO Lori( ite hord YES i_NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: (1-, 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: sreef /Part( b:5kAtij Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. :11 4e 6n hct Pic/ { Please describe your Accessibility Plan for access at your event by individuals with disabilities: ark Is Qccess; Lk Please provide a detailed description of your PARKING plan: /,7vj !O/L 4)[// be bnf4/i`w/ Please describe your plan for DISABLED PARKING: afk`°'S lei /eselV qvIs . 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: le4'r5 6a fi-ta-; - NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES 1'-1±.10 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: OLYES NO Will sound amplification be used? If YES, please indicate: Start time: - 30 am/ i Finish Time 7 `" 96) am/� YES 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: 0 Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 5 Event: For Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes Vote: Kathleen Trees, Director Building & Safety Department 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, employees named a$ additional insured and to sign the Hold Harmless and Agreement. Certificate of insurance must be attached to this permit. Organization t771 A)4 lo/U C Person in Charge of Activity Address / 7 49 4`1 Telephone i7? ere gab Date(s) of Use e 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. For Office Use Only Certificate of Insurance Approved --___ Date 7 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? DA— Yes (proceed to Question 2) No (Please sign the form ands submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization C it o/- ,/A70y/ - _ Type of Organization [ -' , (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) l 4. Will the proceeds provide a direct the city,cand who is in direbenefit to an financial who resides in or is employ need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. 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: No (P lease sign the form and submit it with the TUP Application) 9 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 18, 2006 AGENDA ITEM NO. 24 ITEM TITLE Notice of Decision — Conditional Use Permit for the Expansion of an Existing Charter School with an Exception for Reduced Rear Yard Setback on a Church Property at 125 Palm Avenue. Applicant: Alex Saucedo for Apostolic Assembly of the Faith in Christ Jesus, Inc. Case File No. CUP-2006-9. PREPARED BY PatrickZabrocki, 336-4313 DEPARTMENT Planning EXPLANATION The project site is located on the eastern side of Palm Avenue and 1st Street in the Private Insitutional Zone. Currently there is a two-story church, two temporary classrooms, and a small playground on the site. The one-way entrance to the site is near the southern boundary and the exit is to the north. There are 64 parking spaces on the church property. The applicant proposes to build a two-story structure along the rear property line facing Palm Avenue to replace two temporary classrooms currently present. The first floor will remain as parking, with the entire front of this floor open for vehicular access. The second floor of the building includes four 792 square -foot classrooms, a teacher's lounge, and an ADA compliant elevator as well as girls and boys bathrooms. Access to the second floor is provided via stairwells and elevator. Four regular parking spaces and one handicap will also be added. The Conditional Use Permit is required to ensure compatibility between the proposed classrooms and existing use on the project site, as well as surrounding uses. The proposal to construct the classrooms is a use consistent with the General Plan designation; the General Plan also encourages efforts to maintain and expand programs to serve City residents, especially children. The applicant is requesting an exception from the Land Use Code requirement for a rear yard setback of five feet. The requested exception is necessary to facilitate the proposed development because the odd shape of the site does not offer the opportunity to pursue an addition such as the proposed classroom without breaching the established setback. Additionally, the east side of the lot where the setback will be reduced is adjacent to Interstate 805 and would therefore not affect other uses. The Planning Commission held a public hearing on July 3, 2006. No public spoke on the proposal and the \ Commission voted to approve the application. Environmental Review N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION re Staff concurs with the Planning Commission and Recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Ayes — DeLaPaz, Reynolds, Pruitt, Flores, Baca, Alvarado, Carrillo ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution 20-2006 3. Site Photos 2 Location Map Resolution No. A-200 (9/99) RESOLUTION NO. 20-2006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF AN EXISTING CHARTER SCHOOL WITH AN EXCEPTION FOR REDUCED REAR YARD SETBACK ON A CHURCH PROPERTY AT 125 PALM AVENUE APPLICANT: ALEX SAUCEDO FOR APOSTOLIC ASSEMBLY OF THE FAITH IN CHRIST JESUS, INC. CASE FILE NO. CUP-2006-9 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for the expansion of an existing charter school with an exception for reduced rear yard setback on a church property at 125 Palm Avenue at a duly advertised public hearing held on July 3, 2006 at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File. No. CUP-2006-9, maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on July 3, 2006, support the following findings: RECOMMENDED FINDINGS FOR APPROVAL 1. That the site for the proposed four classroom structure is adequate in size and shape, since classes will be held on a fully developed two -acre property, in roughly 3,367 square feet of classroom space, and since the existing 64 space parking lot provides enough parking and drop-off area for 150 students and staff. 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 development, since Palm Avenue, a collector street, currently accommodates the approximately 160 to 240 average daily trips generated by the existing school and no student population will be added. 3. That the proposed private school will not have an adverse effect upon adjacent or abutting properties, since the proposed project will not change the existing use and the abutting property to the east is Interstate 805 and to the south is the California National Guard. 4. That the existing charter school, including before and after school programs, is deemed essential and desirable to the public convenience and welfare, since it will provide an additional education opportunity for the of the youth of National City. RECOMMENDED FINDINGS FOR APPROVAL OF AN EXCEPTION FOR A REDUCED SETBACK Granting of the requested exception is in accordance with the intent and purposes of this Title, and is consistent with the General Plan and with all specific plans or other plans of the City, since the proposed institutional development is consistent with the uses and density allowed in the Private Institutional (IP) Zone, since the General Plan encourages efforts to maintain and expand programs to serve City residents, especially children, and due to the size and shape of the property, strict adherence to the setback regulations would severely limit the development potential. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: RECOMMENDED CONDITIONS OF APPROVAL 1. This Conditional Use Permit authorizes the construction of a building for four (4) instructional classrooms at 125 E. Palm Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. CUP-2006-9, dated 5/9/2006, moditied 6/21/06. 2. All students are to be dropped off and picked up in the parking lot of the church/school property at 125 Palm Avenue 3. Project is to be designed, developed and constructed in compliance with the California Fire Code (CFC) 2001 edition and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. Students in grades K — 2 must be in classrooms having direct access to ground level exiting. They cannot be in classrooms above grade level. 5. Preliminary review indicates that a minimum fire flow of 2,250 gpm measured at 20 psi residual pressure with a flow duration of 2 hours will be required. 6. This facility will be required to have a fire alarm system installed. 7. Plans must comply with the 2001 editions of the California Building Code, the California ',,ic;hanical Code, the California Plumbing Code, the California Electrical Code, and California fide 24 energy and handicapped regulations. 4. 8. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 9. 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. 10. A drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. 11. The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 12. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations, which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 13. All surface run-off, shall be collected by approved drainage facilities and directed to the street. Adjacent properties shall be protected from surface run-off resulting from this development. 14. The deteriorated portions of the existing street improvements (60' of sidewalk) along the property frontages shall be removed and replaced. 15. 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. BE IT FURTHER RESOLVED that copies of this Resolution he transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of July 3, 2006, by the following vote: AYES: Carrillo, Alvarado, Baca, Flores, Pruitt, Reynolds, DeLaPaz NAYS: ABSENT: ABSTAIN: ei-d,J 6, CHAIRWOMAN CHURCH PROPERTY ZONE BOUNDARY LOCATION MAP CUP-2006-9 Conditional Use Permit for the Expansion of an Existing Charter School with an Exception for a Reduced Rear Yard Setback on a Church Property at 125 Palm Avenue NATIONAL CITY PLANNING El Toyon Elementary DRN. DATE 6/19/06 INITIAL HEARING: 7/3/06 View of Church from Southeast Comer of Site View from Southeast Comer of Site Looking North View from Center of Site Looking West at Modular Classrooms View from Center of Site Looking North at Existing Parking/Proposed Building Location View from Northern Portion of Site Looking North at Existing Playground to be Landscaped View from Across Palm Avenue at Northern Portion of the Site City of National City, California COUNCIL AGENDA STATEMENT JULY 18, 2006 25 MEETING DATE AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER #48 PREPARED BY Finance DEPARTMENT City Manager Lin Wurbs 619-336-4240 EXPLANATION Ratification of Warrant Register #48 per Government Section Code 37208. Environmental Review N/A Finan9WW0 4le Approved By: Budget & Investijient Officer Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,395,088.28 BOARD/COMMISSION RECOMME DATION ATTACIHM +IdTrSdn( t ) 2. Workers Comp Warrant Registers dated 5/31/06 3. Payroll Register dated 5/31/06 GldGl�-L'%� Resolution No. A-200 (9/80) Payee DIXIELINE LUMBER CO. City of National City WARRANT REGISTER # 48 6/6/2006 Description MOP 45707 CLEAN UP SUPPLIES KAISER FOUNDATION HEALTH PLAN, KAISER INS/JOHN MURRAY - 12/05 - 05/06 CALBO CALBO TRAINING/LUIS SAINZ JUN 5-8, 2006 CALBO CALBO TRAINING/JANET FLORES JUN5-8, 2006 CALBO CALBO TRAINING/GABRIEL IBARRA JUN 5-8/06 CALBO CALBO TRAINING/ROSIE GUTIERREZ JUN 5-8 CALBO CALBO TRAINING/HECTOR CANTERO JUN 08 ACCOUNTEMPS TEMP SRVCS MARY-JO REBELEZ W/E 05/19/06 ADAMSON POLICE PRODUCTS SAFARILAND HOLSTERS FOR USE WITH GLOCK ALLSTATE INSURANCE CO RFND COST OF REPORT OVRPMNT #062503 AMERICAN ROTARY BROOM CO., INC MOBIL M/B POLY & WIRE MATERIAL KIT AUSTIN DOORS BASILE BDS ENGINEERING INC BONITA PET HOSPITAL BUTTS CAPF CENTURY WHEEL & RIM CINGULAR WIRELESS CITY OF CHULA VISTA CITY OF NATIONAL CITY CITY TREASURER OF S D COPY POST PRINTING: CORPORATE EXPRESS "RUZ DAPPER TIRE COMPANY DATA TICKET INC REPAIR DOOR AT EUCLID FIRE STATION DISMISSED TO A HANDICAP FEE REFUND APRIL 2006 SERVICES EMERGENCY ANIMAL CARE FOR STRAY ANIMA] EDUCATIONAL REIMB/THOMAS BUTTS FIRE/LTD JUNE 2006 ITEM #158451 - JACK, SWVL, PIPE, TW, 2K CINGULAR WIRELESS DATA/VOICE SERVICE ANIMAL SHELTER COSTS FOR FY 06 PETTY CASH PAY PERIOD ENDED MAY 31, 2006 INDUSTRIAL WASTE MONITORING FY06 HOUSING PROGRAM BROCHURES MOP 45704 OFFICE SUPPLIES DISMISSED TO ADMIN FEE TIRES APR 2006 PARKING CITATIONS PROCESSING chk no chk date amt 200175 6/6/2006 12.56 208565 5/31/2006 5,032.54 208566 6/1/2006 485.00 208567 6/1/2006 485.00 208568 6/1/2006 485.00 208569 6/1/2006 485.00 208570 6/1/2006 135.00 208571 6/6/2006 1,480.00 208572 6/6/2006 1,648.58 208573 6/6/2006 4.00 208574 6/6/2006 507.86 208575 6/6/2006 225.00 208576 6/6/2006 305.00 208577 6/6/2006 10,212.00 208578 6/6/2006 1,187.50 208579 6/6/2006 411.32 208580 6/6/2006 608.00 208581 6/6/2006 179.90 208582 6/6/2006 2,395.23 208583 6/6/2006 8,007.91 208584 6/6/2006 690.20 208585 6/6/2006 491.63 208586 6/6/2006 324.07 208587 6/6/2006 1,466.47 208588 6/6/2006 305.00 208589 6/6/2006 79.55 208590 6/6/2006 5,196.10 1 DEPT OF JUSTICE/ACCT OFFICE GOVERNMENTAL PURPOSES 208591 6/6/2006 32.00 DIXIELINE LUMBER CO. MOP 45707 - MISCELLANEOUS MATERIALS 208592 6/6/2006 926.52 DURRA INK MOP 46766 BUSINESS CARDS 208593 6/6/2006 88.83 ENVIRONMENTAL HEALTH COALITIC CONTRACT WITH ENVIRONMENTAL HEALTH 208594 6/6/2006 2,888.85 FEDEX FEDEX EXPRESS SERVICES 208595 6/6/2006 37.80 FERMIN & NELLY GARCIA T&A#I026 2534 E 1ST STREET 208596 6/6/2006 11,500.00 FIRE ETC C-TRD-51531322. CAIRNS 880 STRUCTURAL 208597 6/6/2006 7,059.78 HANSON AGGREGATES PACIFIC INFIELD SOIL A -I 208598 6/6/2006 193.95 HARRIS & ASSOCIATES T&A #962 CANYON RIDGE HOMES 208599 6/6/2006 1,339.25 HARRIS & ASSOCIATES T&A #842 900 L AVENUE -PLAZA VILLAGE COND 208600 6/6/2006 594.00 HARRIS & ASSOCIATES T&A #930 CYPRESS GLEN CONDO 208601 6/6/2006 82.30 HAWTHORNE MACHINERY (INC.) CATERPILLAR WHEEL LOADER #924G 208602 6/6/2006 98,995.38 HEALTH NET HEALTH INS JUN 2006 57135A 208603 6/6/2006 60,991.91 HEALTH NET HEALTH INS JUN 2006 57135L 208604 6/6/2006 649.06 HEALTH NET HEALTH NET 57135E JUKE 2006 208605 6/6/2006 2,543.09 HEALTH NET HEALTH -ELECT INS JUNE 2006 85027A 208606 6/6/2006 2,485.97 HEALTH NET HEALTH NET 85027B JUNE 2006 208607 6/6/2006 514.01' HEALTH NET HEALTH NET - 57135J JUNE 2006 208608 6/6/2006 471.80 HIGHSMITH-STINNETT CITATION OVER PAID REFUND NC151010012 208609 6/6/2006 120.00 HORIZON HEALTH EAP ' EMPLOYEE ASSISTANCE PROGRAM MAY 2006 208610 6/6/2006 844.88 IDENTIX INC. GOVERNMENTAL PURPOSES 208611 6/6/2006 2.00 INFORMATION PUBLICATIONS CALIFORNIA CITIES, TOWNS & COUN 11tS 208612 6/6/2006 121.14 INFRASTRUCTURE ENGINEERING T&A#973 H&H TOWNHOUSES MAP CHECK 208613 6/6/2006. 446.25 INFRASTRUCTURE ENGINEERING T&A#950 PACIFIC VIEW ESTATES 208614 6/6/2006 288.75 IRON MOUNTAIN RECORDS MGMT DOCUMENT STORAGE 208615 6/6/2006 100.00 • 7NR ADJUSTMENT COMPANY COVER THE COSTS OF REPORT OVERPAYMENT 208616 6/6/2006 4.00 KAISER FOUNDATION HEALTH PLAN! KAISER INS ACTIVE JUNE 2006 208617 6/6/2006 108,048.50 KAISER FOUNDATION HEALTH PLAN KAISER INS RETIREES JUN 2006 208618 6/6/2006' 2,104.94 KLEINFELDER, INC. BILL THRU MAY 7, 2006 SERVICES 208619 6/6/2006 7,807.50 LAW OFFICES OF MAXWELL COSTS OF REPORT OVERPAYMENT 208620 6/6/2006 4.00 LEXIS-NEXIS NATIONAL CITY CODE PRINT SUPP #16 5/06 208621 6/6/2006 599.49 LEXIS-NEXIS LEXIS-NEXIS ONLINE CHARGES MAY 2006 208622 6/6/2006 113.45 MAINTEX, INC. ITEM #2639403 - C 2818-1 W/BSKT 28QT 208623 6/6/2006 1,605.74 MARTIN & CHAPMAN ELECTION SUPPLIES 208624 6/6/2006 125.68 2 MAYER HOFFMAN MCCANN P.C. MERCURY INSURANCE COMPANY MICHAEL A. PINES .URRAY, JOHN NEXUS INTEGRATION SERVICES NIXON-EGLI EQUIPMENT CO. NORMA P. URIAS OFFICE TEAM OFFICE TEAM OFFICE TEAM OLS SERVICE, INC. P&D PACIFIC LAW CENTER PACIFIC MUNICIPAL CONSULTANTS PDSI PERVO TRAFFIC CENTER PLAZA TRUE VALUE HARDWARE .'RUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SBC/MCI SBC/MCI TETRA TECH ASL, INC. TETRA TECH ISG #1 THE STAR NEWS TREES ANNUAL AUDIT BILLINGS FOR FY05-04 OVERPAYMENT REFUND COVER THE COSTS OF REPORT OVERPAYMENT RETIREE HEALTH BENEFITS TUNE 2006 LABOR TO INSTALL PHONE AND CONFIGURATIC ITEM #W802994-L - R/H BOTTOM SHEE SUPPLIES FOR PRELIMINARY BUDGET FY06-07 TEMP SRVCS HARROD JILL A W/E 04/28/06 TEMP SRVCS HARROD JILL A W/E 05/05/06 TEMP SRVCS HARROD JILL A W/E 05/12/06 OMNOA REPAIRS/SHIPPING COSTS HOUSING ELEMENT WORK COVER THE COSTS OF REPORT OVERPAYMENT ASSISTANT PLANNER CONSULTANT TELESTAFF ANNUAL MAINTENANCE AND 6003 YELLOW CENTERLINE PAINT, 55 GAL RETURN OF BANNER ADM1N FEE MOP 45742 TOWEL BATH WHITE SERVICE PERIOD 05-06-4 ELECTRIC BILL/FACILITIES#94282909927 ELECTRIC BILL/FACILITIES#10441036857 ELECTRIC BILL/FACILITIES#86482714057 ELECTRIC BILL/FACILITIES#68199629265 ELECTRIC BILL/STREET#76860974845 ELECTRIC BILL/FACILITIES#10439934345 ELECTRIC BILLS/STREET#07385071072 SBC COMMUNICATION VOICE AND DATA SBC COMMUNICATION VOICE AND DATA APRIL 2006 SERVICES T&A#1024 2112 N AVENUE 1ST CHECK PAYMENT FOR LEGAL ADVERTISING TRAVEL EXPENSES/MEET WITH HUD UNION SECURITY INSURANCE CO. VTL JUNE 2006 208625 6/6/2006 7,882.00 208626 6/6/2006 4.00 208627 6/6/2006 4.00 208628 6/6/2006 150.00 208629 6/6/2006 1,151.13 208630 6/6/2006 2,572.54 208631 6/6/2006 74.30 208632 6/6/2006 924.00 208633 6/6/2006 924.00 208634 6/6/2006 924.00 208635 6/6/2006 1,687.49 208636 6/6/2006 337.00 208637 6/6/2006 10.00 208638 6/6/2006 2,175.00 208639 6/6/2006 3,371.00 208640 6/6/2006 17,896.40 208641 6/6/2006 2,102.00 208642 6/6/2006 179.48 208643 6/6/2006 60,1 19.61 208644 6/6/2006 9,299.09 208645 6/6/2006. 9,054.48 208646 6/6/2006 6,191.87 208647 6/6/2006 2,869.12 203648 6/6/2006 1,247.05 208649 6/6/2006 511.28 208650 6/6/2006 124.17 20865I 6/6/2006 5,650.06 208652 6/6/2006 397.84 208653 6/6/2006 9,025.87 208654 6/6/2006 870.00 208655 6/6/2006 181.94 208656 6/6/2006 148.20 208657 6/6/2006 2,604.91 3 UNITED PARCEL SERVICE UPS SHIPMENT 208658 6/6/2006 22.22 VERIZON WIRELESS VERIZON MOBILE SERVICES FOR CITY USERS 208639 6/6/2006 3,854.81 WOOD & WOOD LIABILITY CLAIM COSTS 208660 6/6/2006 6,727.70 WOOD & WOOD LIABILITY CLAIM COSTS 208661 6/6/2006 3,881.83 WOOD & WOOD LIABILITY CLAIM COSTS 208662 6/6/2006 1,121.19 BAYSHORE TRANSIT MGMT INC PAYROLL FOR CHECK DATED 06/02/06 208663 6/6/2006 46,072.30 C1NTAS FIRST AID & SAFETY FIRST AID SUPPLIES 208664 6/6/2006 112.48 CUMMINS CAL PACIFIC, LLC BUS PARTS AS NEEDED FOR FY06 208665 6/6/2006 32.70 DIXIELINE LUMBER CO SHOP SUPPLIES 208666 6/6/2006 43.77 INDUSTRIAL SUPPLY DISTRIBUTORS JANITORIAL SUPPLIES 208667 6/6/2006 385.70 LASER SAVER INC OFFICE SUPPLIES 208668 6/6/2006 171.27 NAPA AUTO PARTS AUTO PARTS 208669 6/6/2006 1 1 1.81 NEW FLYER PARTS BUS PARTS AS NEEDED FOR FY06 208670 6/6/2006 623.47 PITNEY BOWES CREDIT CORP POSTAGE METER REFILL 208671 6/6/2006 204.87 PROGRESSIVE BUSINESS PUBLIC SUBSCRIPTION RENEWAL - JUN'06 TO MAY 07 208672 6/6/2006 299.00 PRUDENTIAL INSURANCE LIFE INSUR. MAY '06 208673 6/6/2006 234.61 SAN DIEGO BUS DRIVERS UNION UNION DUES FOR THE MONTH OF MAY '06 208674 6/6/2006 1,238.40 THERMO KING BUS PARTS AS NEEDED FOR FY 06 208675 6/6/2006 2,069.90 UNIFIRST MAINTENANCE LAUNDRY SERVICE FOR FY 06 208676 6/6/2006 74.19 , Total 574,522.29. Workers compensation checks 11717 5/31/2006 83.94 11718 5/31/2006 564.69 11719 5/31/2006 175.14 11720 5/31/2006 207.91 11721 5/31/2006 139.89 11722 5/31/2006 110.00 11723 5/31/2006 110,23 11724 5/31/2006 163.75 11725 5/31/2006. 450.00 11726 5/31/2006 71.00 11727 5/31/2006 595.45 11728 5/31/2006 440.00 4 PAYROLL Pay period Start Date End Date Check Date 279 5/9/2006 5/22/2006 5/31/2006 11729 5/31/2006 21.91 11730 5/31/2006 2,100.00 11731 5/31/2006 210.00 11732 5/31/2006 440.00 Total 5,883.91 Total 580,406.20 Total 814,682.08 GRAND TOTAL 1,395,088.28 TRANSIT WARRANTS CHECKS 208663 - 208676 CKS 14 TOTAL $51,957.67 City of National City Warrant Register # 48 6/6/2006 001 GENERAL FUND 685,881.34 104 LIBRARY FUND 23,730.02 105 PARKS MAINTENANCE FUND 18,829.72 108 LIBRARY CAPITAL OUTLAY 242.28 109 GAS TAXES FUND 102,907.98 111 P.O.S.T. FUND 0.00 115 PARK & REC CAPITAL OUTLAY FUND 19,799.06 125 SEWER SERVICE FUND 90,165.53 136 TINY TOT CLASSES FUND 264.04 154 STATE PUBLIC LIBRARY FUND 190.57 158 SWIMMING POOL REVOLVING FUND 1,008.83 159 .GENERAL PLAN UPDATE RESERVE 674.00 171 LIBRARY SCHOOL DISTRICT CNTRCT 2,196.82 172 TRASH RATE STABILIZATION FUND 31,383.67 191 STOP PROJECT 5,485.65 212 PERSONNEL COMPENSATION FUND 26,181.25 230 ABANDONED VEHICLE ABATEMENT GRANT 1,405.85 246. WINGS GRANT 29,770.17 250 NEW FIRE STATION CONSTRUCTION 25.12 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 9,600.48 273 CBAG-MAJOR MEXICAN TRAFFICKERS 3,343.22 282 REIMBURSABLE GRANTS CITYWIDE 6,742.00 284 Literacy Initiatives XIV 1,180.95 285 EASY VOTER GUIDE II 1,244.54 286 LITERACY SERVICES III 930.74 287 AMERICORPS LSTA III 1,047.26 288 PRIME TIME II 190.57 291 AMERICORPS CNCS YEAR 3 3,111.18 294 HUD HEALTHY HOMES GRANT 9,509.09 301 GRANT-C.D.B.G. 24,978.52 302 CDC PAYMENTS 45,522.51 307 PROPOSITION A" FUND 39,522.56 552 TDA 51,957.67. 626 FACILITIES MAINT FUND 48,534.09 627 LIABILITY INS. FUND 17,614.63 628 GENERAL SERVICES FUND 5,116.39 629 INFORMATION SYSTEMS MAINTENANC , 4,157.47 631 TELECOMMUNICATIONS REVOLVING 16,051.89. 6.32 GENERAL ACCOUNTING SERVICES 22,354.54 643 MOTOR VEHICLE SVC FUND 14,347.15 724 COBRA/RETIREE INSURANCE 10,666.38 725 PLANNING 2,102.00 726 ENGINEEERING/PUBLIC WORKS T & A DEPOSITS 15,120.55 Total 1,395,088.28 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. BUDGET & INVES1MENT OFFICER CITY MANAGER FINANCE COMMITTEE NICK 1NZUNZA, 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 l 8th OF JULY 2006. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT JULY 18, 2006 MEETING DATE AGENDA ITEM NO. 26 �EM TITLE WARRANT REGISTER #49 PREPARED BY Finance DEPARTMENT City Manager Lin Wurbs 619-336-4240 EXPLANATION Ratification of Warrant Register #49 per Government Section Code 37208. Environmental Review N/A Finan it tatP t aP-Pfe le. Approved Bv:/ �i �kY+ Budget & Investment Officer Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 166,173.82 BOARD/COMMISSION RF. OMMEND _T1ON ATTACtliv i-r ni 1464tgr4641) 2. Workers Comp Warrant Registers dated 6/07/06 3. Resolution No. A-200 (9/80) ACCOUNTEMPS AMERICAN ROTARY BROOM CO., I ANDERSON BAHENA BANK OF AMERICA PUBLIC & BARD TREVOR KEARNS BLACKIE'S TROPHIES AND AWARD BOHDAN & DOUCETTE LLP CALIFORNIA LAW ENFORCEMENT CARQUEST AUTO PARTS iB CLEAN HARBORS CORPORAIh EXPRESS COUNTY OF SAN DIEGO D-MAX ENGINEERING INC DELTA DENTAL DELTACARE.(PMI) DIXIELINE LUMBER CO. DREW FORD City of National City WARRANT REGISTER # 49 6/13/2006 Description chk no chk date amount TEMP SRVCS MARY-JO REBELEZ W/E 05/26/0E208677 6/13/06 208678 6/13/06 6/13/06. 208680 6/13/06 208681 6/13/06 208682 6/13/06 208683 6/13/06 208684 6/13/06 208685 6/13/06 208686 6/13/06 6/13/06 6/13/06 208689 6/13/06 208690 6/13/06 T&A#1010 3131 HOOVER AVENUE/PENSKE 208691 6/13/06 208692 6/13/06 208693 6/13/06 208694 6/13/06 208695 6/13/06 6/13/06 208697 6/13/06 208698 6/13/06 EDUCATIONAL REIMBURSEMENT/JANE GOR]208699 6/13/06 T&A #962 CANYON RIDGE HOMES/MAP CHEC208700 6/13/06 REPLACE DIRECT DEPOSIT 208701 6/13/06 208702 6/13/06 MOP 62683 - SWEEPER PARTS T&A #1067 2510 J AVENUE/BROKEN SIDEWAL208679 T&A #847 2214.K AVENUE/ALLEY SECTION CAT LOADER EQUIPT LEASE PMT #1 6/24/06 HEARING DISMISSAL DATA TICKET MOP 67727 NAME TAGS PROF SRVCS RENDERED THROUGH 05/31/06 PD/LTD JUNE 2006 MOP 47557 - PART FOR #409 WRONGFUL EMPLOYMENT TERMINATION 208687 HAZARDOUS WASTE PICKUP FOR FISCAL YE208688 MOP 45704 - BINDERS MAIL SERVICES FOR FEB 2006 DENTAL INS JUNE 2006 DENTAL INS PMI JUNE 2006 MOP 45707 - PAINT FOR POOL MOP 49078 - GASKET EMPLOYMENT DEVELOPMENT DE UNEMPLYMNT INS REIMB BENEFIT CHARGE:208696 FERGUSON ENTERPRISES, INC MOP 45723 - COUPLINGS FIRE PREVENTION SERVICES INC FY05-06 APPORTIONMENT #9 GORDON HARRIS & ASSOCIATES HERNANDEZ _YDRO-SCAPE PRODUCTS INC. MOP 45720 IRRIGATION PARTS 1,480.00 170.28 500.00 500.00 3,077.02 100.00 10.78 6,799.00 1,560.00 761.38 126.63 1,355.00 63.39 3,348.04 480.00 14,534.49 3,341.68 773.82 9.63 1,157.20 190.98 37.06 363.05 2,378.61 345.03 34.91 1 Payee JANNEY & JANNEY ATTY SRVC, IN LEXIS-NEXIS LONG'S DRUG STORES MBIA MUNISERVICES COMPANY MILE OF CARS ASSOCIATION MORGAN SQUARE, INC. MULTI -BANK SERVICES LTD NAPA AUTO PARTS NATIONAL TRUST FOR HISTORIC NORMA P. URIAS ONE SOURCE DISTRIBUTORS PEREZ PROTEM LEGAL SERVICES PRO 1'EM• LEGAL SERVICES PRUDENTIAL OVERALL SUPPLY REDIKOP RODRIGUEZ RUSS' BEE REMOVAL SAN DIEGO DODGE SAN DIEGO GAS & ELECTRIC SHOEMAKER SILVA SMART & FINAL SUN TRUST SUNGARD PENTAMATION INC SWEETWATER AUTHORITY SWEETWATER AUTHORITY City of National City WARRANT REGISTER # 49 6/13/2006 Description A TO Z ENTERPRISES VS NAT CITY CA CIVIL CISCOVERY 2006 SUP SET 5/06 MOP 45727 - FIRST AID SUPPLIES chk no 208703 208704 208705 CONSULTING SRVCS NC GOLF COURSE A/T 1,208706 FY05-06 APPORTIONMENT #9 FY05-06 APPORTIONMENT #9 TRADE SETTLING CHARGES MOP 45735 OIL FILTERS 208707 208708 208709 208710 HISTORIC PRESRVTN MEMBRSHP/ROGER POt 208711 PRELIMINARY BUDGET MEETING/WORKSHO208712 MOP 67256 - CIVIC CENTER & STOCK T&A #1019 2214 K AVENUE/R&R SIDEWALK TRANSCRIPTION SERVICE A-Z TOWING V cr208715 208716 208717 TRANSCRIPTION SERVICES PG&T V CITY MOP 45742 - UNIFORMS - PARKS 125 PLAN REIMBURSEMENT 05/31/06 208718 EDUCATIONAL REIMB/MANUEL RODRIGUEZ 208719 REMOVAL OF BEES FROM CITY PROPERTY A 208720 208713 208714 MOP 45702 - POWER SEAT SWITCH ELECTRIC.BILL/STREET#27985377588 125 PLAN REIMBURSEMENT 05/31/06 REIMB 2006 CITY ATTORNEYS SPRING 208721 208722 208723 208724 MOP 45756 SUPPLIES FOR SUMMER PROGRAI\208725 NEW FIRE TRUCK #1 RNTAL PMT#28 6/30/06 208726 RESIDENTIAL LICENSE CONVERSION/CNTY'208727 WATER BILLS/FACILITIES 12 ACCOUNTS WATER BILLS/STREET 12 ACCOUNTS 208728 208729 chk date amount 6/13/06 25.00 6/13/06 99.89 6/13/06 80.18 6/13/06 22,500.00 6/13/06 5,200.89 6/13/06 13,847.62 6/13/06 298.36 6/13/06 605.01 6/13/06 20.00 6/13/06 71.00 6/13/06 353.14 6/13/06 1,180.00 6/13/06 137.50 6/13/06 69.75 6/13/06 595.97 6/13/06 389.00 6/13/06 603.00. 6/13/06 100.00 6/13/06 16.44 6/13/06 35.80 6/13/06 450.00 6/13/06 '514.66 6/13/06 6/13/06 6/13/06 6/13/06 6/13/06 367.82 5,009.63 1,500.00 9,973.21 1,310.50 7 City of National City WARRANT REGISTER # 49 6/13/2006 Payee SWEETWATER AUTHORITY THE LIGHTHOUSE, INC. U.S. HEALTHWORKS UNDERGROUND SERV ALERT US STERLING CAPITAL CORP VALLEY INDUSTRIAL SPECIALTIES MOP 46453 - PLUMBING PARTS Description WATER BILLS/PARKS#920-6000-0 MOP 45726 - STARTER SWITCH 2O8731 6/13/06 9.02 MEDICAL SERVICES 208732 6/13/06 135.00 UNDRGRND SRVC NEW TICKETS/MAY 2006 208733 6/13/06 208.00 TRADE SETTLING CHRGS 5/20/06 - 5/26/06 208734 6/13/06 148.91 208735 6/13/06 577.72 WILLY'S ELECTRONIC SUPPLY MOP 45763 - FLASHLIGHT/SCREWDRIVER SE7208736 6/13/06 54.13 ARCO GASPRO PLUS FUEL FOR STAFF VEHICLES FOR FY06 208737 6/13/06 737.49 AT SYSTEMS WEST INC MONEY TRUCK - JUNE'06 208738 6/13/06 392.89 AVAYA, INC PHONE MESSAGING - 05/02TO 06/01 208739 6/13/06 46.88 CORPORATE EXPRESS OFFICE SUPPLIES 208740 6/13/06 144.73 3L EXPRESS (USA) INC. SHIPPING CHARGES 208741 ; 6/13/06 57.48 DIXIELINE LUMBER CO SHOP SUPPLIES 208742 6/13/06 24.97 FIRST ADVANTAGE CORPORATION RANDOMS 208743 6/13/06 390.00 GREAT AMERICAN INSURANCE CO WORKERS COMP - .TUNE '06 208744 6/13/06 16,152.92 JANKOVICH COMPANY DIESEL FUEL 208745 6/13/06 18,767.90 KIMBALL MIDWEST SHOP TOOLS AS NEEDED FOR FY06 208746 6/13/06 253.82 NAPA AUTO PARTS AUTO PARTS 208747 6/13/06 58.90 PROGRESSIVE BUSINESS PUBLIC SAFETY TRAINING TOOLKIT 208748 6/13/06 495.00 REGIONAL COMMUNICATIONS SY USE OF THE 800 MHZ NETWORK - MAY '06 208749 6/13/06 609.50 SAN DIEGO FRICTION PROD. BUS PARTS AS NEEDED FOR FY06 208750 6/13/06 1,880.75 SAN DIEGO GAS & ELECTRIC ELECTRIC 04/28/06 TO 05/30/06 208751 6/13/06 1,916.57 SPANKY'S, INC. PORT- POTTIES AT 24TH ST TROLLEY STATI(208752 6/13/06 436.27 UNIFIRST MAINTENANCE LAUNDRY SERVICE FOR FY 0208753 6/13/06 74.19 UNION TRIBUNE PUBLISHING CO. FULL TIME BUS OPERATOR ADS 208754 6/13/06 1,269.00 W.W. GRAINGER, INC. SHOP SUPPLIES 208755 6/13/06 51.94 chk no chk date amount 208730 6/13/06 36.09 Total $ 153,782.42 City of National City WARRANTREGISTER # 49 Descriution Workers compensation checks 6/13/2006 chk no chk date amount 11733 6/7/06 47.60 11734 6/7/06 680.65 11735 6/7/06 109.65 11736 6/7/06 12.58 11737 6/7/06 363.95 11738 6/7/06 72.25 11739 6/7/06 20.93 11740 6/7/06 180.67 11741 6/7/06 92.26 11742 6/7/06 27.84 11743 6/7/06 27.84 11744 6/7/06 180.67 11745 6/7/06 366.65 11746 6/7/06 604:00 11747 6/7/06 93.74 11748 6/7/06 1,962.23 11749 6/7/06 392.45 11750 6/7/06 535.22 11751 6/7/06 78.42 11752 6/7/06 161.45 11753 6/7/06 156.84 11754 6/7/06 112.85 11755 6/7/06 78.40 11756 6/7/06 431.90 1.1757 6/7/06 600.00 11758 6/7/06 1,115.50 City of National City WARRANT REGISTER# 49 6/13/2006 Payee Description chk no chk date amount 11759 6/7/06 525.00 11760 6/7/06 13.27 11761 6/7/06 400.00 11762 6/7/06 600.00 11763 6/7/06 400.00 11764 6/7/06 32.30 11765 6/7/06 1,914.29 Total $ 12,391.40 Grand Total 166,173.82 TRANSIT WARRANTS CHECKS 208737-208755 CKS 19 TOTAL $43,761.20 City of National City WARRANT REGISTER #49 6/13/2006 001 GENERAL FUND 74,865.78 104 LIBRARY FUND -19.51 105 PARKS MAINTENANCE FUND 314.51 125 SEWER SERVICE FUND 3,800.70 172 TRASH RATE STABILIZATION FUND 1,355.00 253 RECREATIONAL ACTIVITIES FUND 367.82 301 GRANT-C.D.B.G. 5,009.63 302 CDC PAYMENTS 1,383.08 552 TDA 43,761.20 626 FACILITIES MAINT FUND 11,949.55 627 LIABILITY INS. FUND 13,548.60 628 GENERAL SERVICES FUND 287.49 629 INFORMATION SYSTEMS MAINTENANC -18.86 631 TELECOMMUNICATIONS REVOLVING -18.86 632 GENERAL ACCOUNTING SERVICES 2,980.00 643 MOTOR VEHICLE SVC FUND 969.68 724 COBRA/RETIREE INSURANCE 599.40 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 5,038.61 TOTAL 166,173.82 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. & INVE• ank BUDGETOFFICER 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 18th OF JULY 2006. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT JULY 18, 2006 MEETING DATE AGENDA ITEM NO. 27 ITEM TITLE WARRANT REGISTER #50 PREPARED BY Finance DEPARTMENT City Manager Lin Wurbs 619-336-4240 EXPLANATION Katiticatlon of Warrant Register #50 per Government Section Code 37208. Environmental Review N/A Finanq j esbie. Approved By: Budget 8! I westmeC Officer fn.'? /2u.w7v'+' Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 3,872,101.74 BOARD/COMMISSION REC9MMENDATI ATTAQHMANTA n( ki@ gtel3y) Resolution No. 2. Workers Comp Warrant Registers dated 6/13/06 3. Payroll register dated 6/13/06 A-200 (9/80) Payee DIXIELINE LUMBER CO. CITY TREASURER OF S D PUBLIC EMP RETIREMENT SYSTEM A -I SOILS COMPANY AAA RADIATOR WAREHOUSE ACCOUNTEMPS ACTION TROPHIES & ENGRAVING AMERICAN FORENSIC NURSES _ AMERICAN HYDRO -VAC EQUIPMENT AMERICAN ROTARY BROOM CO., INC 1ERIGAS - SAN DIEGO ARCO GASPRO PLUS BEST BEST & KRIEGER LLP BOOT WORLD BUTLER'S MILL, INC. BUTLER'S MILL, INC. CALIFORNIA RESERVE PEACE CD LIT DIGITAL DISCOVERY APC CHECKPOINT SYSTEMS, INC. CHILDREN'S HOSPITAL CHOICEPOINT CHRIS HAROLD CHRISTMAS IN JULY CITY OF SAN DIEGO 3RPORATE EXPRESS COUNTY OF SAN DIEGO, RCS D-MAX ENGINEERING INC City of National City WARRANT REGISTER # 50 6/20/2006 Description MOP 45707 PAINTING SUPPLIES METRO SEWERAGE SYSTEM SRVC PERIOD 06-06-3 INFIELD SOIL A -I FOR KIMBALL PARK AUTOMOTIVE PARTS (RADIATORS, HEATER TEMP SRVCS MARY-JO REBELEZ W/E 6/02/06 ACCOUNTABILITY TAGS SUSPECT BLOOD WITHDRAWALS, URINE TESTS 1" X 600' ORANGE PIRANHA, 2500 PSI MOP 62683 - SWEEPER PARTS TANK RENTAL ON TRAINING FACILITY FUEL FOR CITY FLEET AS NEEDED FOR LIABILITY CLAIM COSTS MOP 64096 - BOOTS - BEECHER MOP 45695 - SMALL TOOLS MOP 45695 - TOOLS LEGAL SUPPORT & MEMBRSHP 5/30/06-5/30/07 ADMINISTRATIVE RECORD INSTALLATION/SELF CHECK STATION CHILD SEXUAL ABUSE EXAMS AS NEEDED FOR AUTO TRACK DATABASE - UNLIMITED ACCESS FABRICATE (3) ALUMINUM REFERENCE BOXES JULY RENTAL FEES FOR 2032 B AVE ARJIS COSTS - JPA COSTS, ARJIS MOP 45704 OFFICE SUPPLIES RCS RADIO SERVICE AND MAINTENANCE (JULY STORM WATER SRVCS MAY 2006 chk no chk date amount 200176 6/20/2006 137.47 208756 6/19/2006 868,478.00 208757 6/19/2006 58,717.12 208758 6/20/2006 193.95 208759 6/20/2006 112.03 208760 6/20/2006 1,110.00 208761 6/20/2006 5.39 208762 6/20/2006 948.00 208763 6/20/2006 1,409.37 208764 6/20/2006 255.43 208765 6/20/2006 2.16 208766 6/20/2006 30,509.09 208767 6/20/2006 7,945.05 208768 6/20/2006 125.00 208769 6/20/2006 988.16 208770 6/20/2006 445.65 208771 6/20/2006 567.00 208772 6/20/2006 151.78 208773 6/20/2006 99,279.12 208774 6/20/2006 974.00 208775 6/20/2006 100.00 208776 6/20/2006 460.00 208777 6/20/2006 1,500.00 208778 6/20/2006 48.50 208779 6/20/2006 540.25 208780 6/20/2006 8,646.68 208781 6/20/2006 6,641.50 1 DEPARTMENT OF TRANSPORTATION HIGHWAY LIGHTING-APRIL 2006 BILLING 208782 6/202006 6,696.13 DIXIELINE LUMBER CO. MOP 45707 - CEMENT TOOLS 208783 6/20/2006 271.03 DOUGLAS E. BARNHART, INC CONSTRUCTION MGMT SRVCS MAR/APR 2006 208784 6/20/2006 3,627.86 DSL EXTREME PAPER INVOICE OPTION 7/1/06-8/1/06 208785 6/20/2006 54.16 DTSC EPA FEES: EPA#CAL000265249 208786 6/20/2006 200.00 DURRA INK ENGLISH AND SPANISH VERSION STORM WATE 208787 6/20/2006 482.72 EMPIRE STEEL BUILDINGS STEEL BUILDING FOR 'CHRISTMAS IN JULY' 208788 6/20/2006 50,401.06 ENTERPRISE GROUP COPY PAPER 208789 6/20/2006 2,281.61 ENVIRONMENTAL HEALTH COALITION EHC CNTRCT OUTREACH 01/01/06-03/31/06 208790 6/20/2006 62,555.07 ESGIL CORPORATION PLAN CHECK SERVICES MAY 2006 208791 6/20/2006 3,969.94 EXPERIAN CREDIT CHECKS FOR NEW PD EMPLOYEES AS 208792 6/20/2006 20.48 EXPRESSTEL LONG DISTANCE SVCS ACCT 24303871 208793 6/20/2006 117.25 FERGUSON ENTERPRISES, INC MOP 45723 - COUPLINGS 208794 6/20/2006 238.15 FIRE ETC REDBACK STATION BOOTS 208795 6/20/2006 501.03 FROMEX PHOTO & STUDIO MOP 67534 PHOTOS 208796 • 6/20/2006 23.63 GHA TECHNOLOGIES PANASONIC CF-VZSUISBU NOTEBOOK BATTER' 208797 6/20/2006 1,916.47 GROSSMAN PSYCHOLOGICAL ASSOC. PRE -EMPLOYMENT PSYCHOLOGICAL EXAMS F( 208798 6/20/2006 240.00 GW SCHOOL SUPPLY VARIOUS CRAYOLA WASHABLE PAINT (RED, 208799 6/20/2006 127.82 HERNANDEZ REIMB/REGISTRATION FOR CPR/HERNANDEZ R. 208800 6/20/2006 40.00 HMS CONSTRUCTION RETENTION SPEC 03-10 208801 6/20/2006 14,058.09 HYDRO-SCAPE PRODUCTS INC. MOP 45720 - IRRIGATION PARTS 208802 6/20/2006 1,138.36 IKON OFFICE SOLUTIONS/IOS COPIER METER READINGS 208803 6/20/2006 13,498.97 .JANNEY & JANNEY ATTY SRVC, INC P'S & A'S IN SUPPORT OF MOTION 208804 6/20/2006 50.00 JEFFERSON PILOT FINANCIAL LIFE INS JUNE 2006 208805 6/20/2006 11,682.72 KELLY PAPER CO PAPER, 8.5"XI 1 ", VARIOUS COLORS, IE 208806 6/20/2006 252.83 KLEINFELDER, INC. BILL THRU JUNE 4, 2006-ST RESURFACING 208807 6/20/2006 7,397.00 L.N. CURTIS & SONS PIN WITH LANYARD 208808 6/20/2006 24.14 LASER SAVER INC MOP 45725 TONER COMPATIBLE 208809 6/20/2006 717.45 LEXIS-NEXIS ONLINE CHARGES FOR MAY 2006 208810 6/20/2006 379.18 LONG'S DRUG STORES MOP 45727 PHOTOS 208811 6/20/2006 9.07 MAAC PROJECT MAAC CONTRACT -LEAD HAZARD CNTRL MAY 208812 6/20/2006 85,328.00 MAAC PROJECT EXPENSES/FLOOR REPAIRS FOR 611 B AVE 208813 6/20/2006 1,498.50 MAAC PROJECT EXPENSES/VERTICAL.BLINDS FOR 611 B AVE 208814 6/20/2006 790.63 MAINTEX, INC. JANITORIAL SUPPLIES 208815 6/20/2006 1,321.92 2 MAN K-9INC. MANHOLE ADJUSTING CONTRACTORS \SONS SAW & LAWNMOWER SRVC MATTHEW BENDER & CO INC METROCALL MX LOGIC, INC N.C. HOST LIONS CLUB NACOLE NAPA AUTO PARTS NATIONAL CITY FIREFIGHTERS NATIONAL CITY FURNITURE NATIONAL RECREATION & PARK NATIONAL SCHOOL DISTRICT ONE SOURCE DISTRIBUTORS OUCHI'S POWER EQUIPMENT PARADISE VALLEY HOSPITAL ,S&J PEACE OFFICERS RESEARCH PERRY FORD PERVO TRAFFIC CENTER PORAC LEGAL DEFENSE FUND PROGRESSIVE SOLUTIONS INC. PRUDENTIAL OVERALL SUPPLY RON BAKER CHEVROLET-GEO-ISUZU RON TURLEY ASSOCIATES, INC S.D.C.L.E.E.A.A. SAN DIEGO COUNTY VECTOR CNTRL SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC .AN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC WEEKLY MAINTENANCE TRAINING, $50.00 PER PAY ESTIMATE NO. 3-MAY 2006 SERVICES MOP 45729 - LINE TRIMMER SUBSCRIPTIONS PAGING SERVICES AS NEEDED FOR POLICE EMAIL PROTECTION, ANTI-SPAM PROTECTION, INT'L PARADE & FAIR ANNUAL MEMBERSHIP DUES MOP 45735 - CAL KIT SWEATSHIRT AND HAT T/F BUNK BED (1-UNDER DRAWER & 2-TWIN NAT REC & PARK ASSOC MEMBERSHIP FEES NEIGHBORHOOD COUNCIL MEETING MOP 67256 - LIGHTING CABLE MOP 45740 - HEAD ASSEMBLY CONTRACT TO PERFORM 'HEALTHY HOMES' FINANCIAL SERVICES -WASTEWATER CONSULT PORAC/PEACE OFFICER RESEARCH ASSOC MOP 45703 - PUMP MOP 63846 - PAINT DEFENSE FUND/RESERVE OFFICER JUL-SEP 06 CASHIER SOFTWARE MAINTENANCE- MOP 45742 - UNIFORMS - PARKS MOP 45751 - SWITCH RTA ANNUAL MAINTENANCE CONTRACT FOR EXPLORER ACADEMY ENROLLMENT MOSQUITO DISEASE CONTROL/ASSESSMENT ELECTRIC BILL/STREET410093014384 ELECTRIC BILL/FACILITIES#29728110755 ELECTRIC BILL/STREET#98917081416 ELECTRIC BILL/FACILITIES# 10091911839 ELECTRIC BILL/WASTEWATER#29491892373 ELECTRIC BILL/WA STEWATER#10092646814 208816 6/20/2006 800.00 208817 6/20/2006 1,479,056.12 208818 6/20/2006 92.55 208819 6/20/2006 123.60 208820 6/20/2006 808.75 208821 6/20/2006 441.00 208822 6/20/2006 10,400.00 208823 6/20/2006 300.00 208824 6/20/2006 184.25 208825 6/20/2006. 37.00 208826 6/20/2006 1,181.72 208827 6/20/2006 130.00 208828 6/20/2006 72.50 208829 6/20/2006 263.10 208830 6/20/2006 129.11 208831 6/20/2006 28,036.04 208832 6/20/2006 2,380.00 208833 6/20/2006 70.00 208834 6/20/2006 240.57 208835 6/20/2006 251.92 208836 6/20/2006 84.00 208837 6/20/2006 6,043.63 208838 6/20/2006 488.34 208839 6/20/2006 160.44 208840 6/20/2006 1,250.00 208841 6/20/2006 4,695.00 208842 6/20/2006 700.54 208843 6/20/2006 . 24,787.70 208844 6/20/2006 22,135.75 208845 6/20/2006 3,157.96 208846 6/20/2006 1,183.65 208847 6/20/2006 276.01 208848 6/20/2006 110.81 3 SBC/MCI COMMUNICATION VOICE/DATA#337-257075721E 208849 6/20/2006 1,752.49 SHRED -IT SHREDDING OF INTERNAL AFFAIRS FILES '99 208850 6/20/2006 465.00 SMART & FINAL MOP 45756 CLEANING SUPPLIES 208851 6/20/2006 54.49 SOLANA CENTER RECYCLED PRODUCTS, PER DEPARTMENT OF 208852 6/20/2006 9,890.82 SOUTH BAY FOUNDRY 24-12X CAL TRANS. GRATE GALV 208853 6/20/2006 344.80 SOUTHWEST SIGNAL SERVICE, INC. MAY 2006 TRAFFIC SIGNAL, STREET LIGHTING 208854 6/20/2006 9,707.15 STATE COMPENSATION INS FUND W/C CLAIM COSTS MAY 2006 208855 6/20/2006 2,364.76 THE LIGHTHOUSE, INC. MOP 45726 - LIGHTS 208856 6/20/2006 139.97 TIEMAN REIMB/PARAMEDIC LICENSE RENEWAL 208857 6/20/2006 130.00 UCMC': UNIV. COMMUNITY MEDICAL SEXUAL ASSAULT EXAMS AS NEEDED FOR FY 208858 6/20/2006 895.00 UNITED STATES POSTAL SERVICE STAMPS BY MAIL 208859 6/20/2006 78.00 VERIZON WIRELESS VERIZON SVCS FOR CITY - 570210396-00001 208860 6/20/2006 3,947.54 VIORA REIMB/PARAMEDIC SCHOOL EXPENSES 208861 6/20/2006 358.32 VISTA PAINT COPY PAPER 208862 6/20/2006 311.34 WILLY'S ELECTRONIC SUPPLY MOP 45763 - BATTERY 208863 6/20/2006 36.64 ASSOCIATED TOWING TOWED BUS # 6005 FROM 8TH & EUCLID TO 208864 6/20/2006 270.00 BAYSHORE TRANSIT MGMT INC PAYROLL FOR CHECK DATED 06/16/06 208865 6/20/2006 48,244.13 COPY POST PRINTING QUANTITY 50 TRAIN THE TRAINER STUDENT 208866 6/20/2006 936.76 EW TRUCK & EQUIPMENT CO INC BUS PARTS AS NEEDED FOR FY06 208867 6/20/2006 2,253.04 FILIPINO PRESS DISPLAY ADVERTISEMENT 208868 6/20/2006 .300.00 METROPOLITAN TRANSIT SYSTEMS TELE INFO FY06 - JUNE 2006 208869 6/20/2006 2,267.89 NATIONAL INTERSTATE INS CO. PG AUTO PARTS ELECTRICAL POSTERS & FRAMES PRE -PAID LEGAL SERVICES INC PRINCIPAL FINANCIAL GROUP PSECO INC. SAFETY-KLEEN SYSTEMS, INC. SAN DIEGO COUNTY SHERIFF SAN DIEGO FRICTION PROD. SBC SOUTH COAST MEDICAL CLINIC ST ANTHONY OF PADUA PARISH THERMO KING DOWN PAYMENT FOR RENEWAL INSURANCE 1 999 LABOR TURN/REMOVE BEARING & POSTER FRAMES PRE -PAID LEGAL - JUNE '06 40IK PPE 06/10/06 BUS WASH PARTS & REPAIRS FY06 WASTE REMOVAL PAYROLL PPE 06/10/06 - E. ALCANTAR GARNI BUS PARTS AS NEEDED FOR FY06 PHONE SERVICE - JUNE 5 THRU JULY 04 RANDOM - SHERRY LOGEL EVENT FEE FOR MOBILE TRAILER FOR BUS PARTS AS NEEDED FOR FY06 208870 6/20/2006 45,132.25 208871 6/20/2006 400.00 208872 6/20/2006 184.26 208873 6/20/2006 759.15 208874 6/20/2006 2,833.57 208375 6/20/2006 555.88 208876 6/20/2006 318.03 208877 6/20/2006 110.00 208878 6/20/2006 38.28 208879 6/20/2006 297.21 208880 6/20/2006 36.00 208881 6/20/2006 600.00 208882 6/20/2006 3,773.81 4 17NIFIRST MAINTENANCE LAUNDRY SERVICE FOR FY 06 208883 6/20/2006 74.19 Workers compensation checks PAYROLL Pay period Start Date End Date Check Date 280 5/23/2006 6/5/2005 6/14/2006 Total 3,092,134.80 Total Total Total 11766 6/14/2006 106.79 11767 6/14/2006 204.80 11768 6/14/2006 80.68 11769 6/14/2006 13.25 11770 6/14/2006 101.32 11771 6/14/2006 325.65 11772 6/14/2006 69.19 11773 6/14/2006 73.68 11774 6/14/2006 57.80 11775 6/14/2006 589.95 11776 6/14/2006 59.29 11777 6/14/2006 523.83 11778 6/14/2006 590.91 11779 6/14/2006 1,599.34 11780 6/14/2006 459.59 11781 6/14/2006 459.59. 11782 .6/14/2006 333.50 11783 6/14/2006 440.00 11784 6/14/2006 27.00 11785 6/142006 440.00 11786 6/14/2006 82.00 11787 6/14/2006 287.50 GRAND TOTAL. TRANSIT WARRANTS CHECKS 208864-208883 CKS 20 TOTAL $109,384.45 6,925.66 3,099,060.46 773,041.28 3,872,101.74 5 001 104 105 109 120 125 130 136 154 158 171 172 188 191 212 230 241 242 246 250 253 254 256 273 282 284 285 286 287 288 291 294 301 302 307 552 626 627 628 629 630 631 632 643 City of National City Warrant Register # 50 6120/2006 GENERAL FUND LIBRARY FUND PARKS MAINTENANCE FUND GAS TAXES FUND PLAN CHECKING REVOLVING FUND SEWER SERVICE FUND EMT-D REVOLVING FUND TINY TOT CLASSES FUND STATE PUBLIC LIBRARY FUND SWIMMING POOL REVOLVING FUND LIBRARY SCHOOL DISTRICT CNTRCT TRASH RATE STABILIZATION FUND GRANT - HIDTA STOP -PROJECT _ PERSONNEL COMPENSATION FUND ABANDONED VEHICLE ABATEMENT GRANT NATIONAL CITY LIBRARY STATE GRANT N. CITY LIBRARY MATCHING FUND WINGS GRANT NEW FIRE STATION CONSTRUCTION RECREATIONAL ACTIVITIES FUND LEAD -BASED PAINT HAZARD REDUCTION GRANT CODE ENFORCEMENT GRANT PROGRAM CBAG-MAJOR MEXICAN TRAFFICKERS REIMBURSABLE GRANTS CITYWIDE. Literacy Initiatives XIV EASY VOTER GUIDE II LITERACY SERVICES III AMERICORPS LSTA III PRIME TIME II AMERICORPS CNCS YEAR 3 HUD HEALTHY HOMES GRANT GRANT-C. D.B.G. CDC PAYMENTS PROPOSITION A" FUND TDA FACILITIES MAINT FUND LIABILITY INS. FUND GENERAL SERVICES FUND INFORMATION SYSTEMS MAINTENANC OFFICE EQUIPMENT DEPRECIATION TELECOMMUNICATIONS REVOLVING GENERAL ACCOUNTING SERVICES MOTOR VEHICLE SVC FUND. Total 703,472.42 20,169.23 19,919.85 13,520.43 3,969.94 899,039.66 488.32 380.65 205.62 1,470.89 1,640.59 11,575.87 2,538.65 6,006.43 12,806.13 2,329.61 61,196.63 32,952.03 26, 574.71 137.47 0.00 151,515.03 50,401.06 3,032.28 226.65 1,971.98 1,786.77 1,091.22 490.21 361.08 3,111.19 39,265.30 8,379.21 17,742.85 1,496,759.28 109,384.45 41, 878.24 17,235.47 22,525.09 13,198.74 8,646.68 9,037.70 13,084.60 40, 581.53 3,872,101.74 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. BUDGET & INVESc T OFFICER �r fny{ J'�zvw �l Jy FINANCE COMMITTEE CITY MANAGER 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 18th OF JULY 2006. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT JULY 18, 2006 28 MEETING DATE AGENDA ITEM NO. ITEM TITLE PREPARED BY Finance WARRANT REGISTER #51 DEPARTMENT City Manager Lin Wurbs 619-336-42W EXPLANATION Ratification of Warrant Register #51 per Government Section Code 37208. Environmental Review N/A FinancfiakSt ,eflt)le. Approve: Budget & IrSvestment fficer Account No. STAFFI ReICOMMedNDAdIO1IIILation of these warrants for a total of $ 313,065.24 BOARD/COMMISSION RECOMMEND TION ),_40 ATTACHMIEWFank Lde4tdtl of ) 2. Workers Comp Warrant Registers dated 6/20/06 3. L-a1/11-4-- Resolution No. A-200 (9/80) City of National City WARRANT REGISTER # 51 6/27/2006 Payee Description chk no chk date amount BAKER & TAYLOR DONATION BOOKS 208884 6/27/06 292.93 BRODART BOOKS- IMLS GRANT 208885 6/27/06 23,429.67 CALIFA GROUP DATABASE SUBSCRIPTION 208886 6/27/06 4,000.00 KELLEY BLUE BOOK OLDER CAR GUIDE— 208887 6/27/06 182.10 MIDWEST TAPE DVD'S— 208888 6/27/06 8,379.90 ABEYSEKERA AMERICORPS CNCS Y3 (EXPERT SERVICES) 208889 6/27/06 45.00 AGUILAR LIT. INIT. XIV (TRAVEL) 208890 6/27/06 122.12 ALAMILLO PRIME TIME Y2 (EXPERT SERVICES) 208891 6/27/06 750.00 ALVARADO PRIME TIME Y2 (EXPERT SERVICES) 208892 6/27/06 300.00 ANDREWS LIT. INIT. XIV (TRAVEL) 208893 6/27/06 329.07 NGELL PRIME TIME Y2 (EXPERT SERVICES) 208894 6/27/06 750.00 ARCE PRIME TIME Y2 (EXPERT SERVICES) 208895 6/27/06 750.00 ARELLANO PRIME TIME Y2 (EXPERT SERVICES) 208896 6/27/06 300.00 ARONSON AMERICORPS LSTA Y3 (TRAVEL) 208897 6/27/06 98.94 ARTISTS FOR LITERACY LIT. INIT. XIV (TRAVEL) 208898 6/27/06 2,220.05 BAUTISTA AMERICORPS LSTA Y3 (TRAVEL) 208899 6/27/06 52.70 BOZIK LIT. INIT. XIV (TRAVEL) 208900 6/27/06 82.46 BRODART LIT. SVCS. Y3 (INSTRUCTIONAL SUPPLIES) 208901 6/27/06 1,994.03 BROESAMLE PRIME TIME Y2 (EXPERT SERVICES) 208902 6/27/06 300.00 BROWNLEE AMERICORPS LSTA Y3 (TRAVEL) 208903 6/27/06 60.04 CALDWELL PRIME TIME Y2 (EXPERT SERVICES) 208904 6/27/06 750.00 CALIFORNIA LITERACY, INC. LIT. SVCS. Y3 (MEMBERSHIP/DUES) 208905 6/27/06 75.00 CARLA CAMPBELL LEHN LIT. INIT. XIV (TRAVEL) 208906 6/27/06 142.29 CATHAY RETA PRIME TIME Y2 (CONTRACT SERVICES) 208907 6/27/06 6,375.00 CHECKPOINT SYSTEMS INC. LIT. SVCS. Y3 (MATERIALS & SUPPLIES) 208908 6/27/06 2,970.76 2HRISTENSEN PRIME TIME Y2 (EXPERT SERVICES) 208909 6/27/06 500.00 1 City of National City WARRANT REGISTER # 51 6/27/2006 Payee Description chk no chk date amount CISNEROS LIT. INIT. XIV (TRAVEL) 208910 6/27/06 34.00 CITY OF NATIONAL CITY LIT. SVCS. Y3 (OUT-OF-STATE SALES TAX) 208911 6/27/06 50.14 CITY OF SAN BERNARDINO LIT. INIT. XIV (EXPERT SERVICES) 208912 6/27/06 250.00 CLARK EASY VOTER GUIDE (EXPERT SERVICES) 208913 6/27/06 6,548.87 CLEMENTE PRIME TIME Y2 (EXPERT SERVICES) 208914 6/27/06 350.00 CORPORATE EXPRESS LIT. SVCS. Y3 (OFFICE SUPPLIES) 208915 6/27/06 1,290.16 COX AMERICORPS LSTA Y3 (TRAVEL) 208916 6/27/06 124.78 CRIDER AMERICORPS LSTA Y3 (TRAVEL) 208917 6/27/06 22.24 CURTIS, JANE LIT. INIT. XIV (EXPERT SERVICES) 208918 6/27/06 350.00 CURTIS, JANE LIT. INIT. XIV (TRAVEL) 208919 6/27/06 184.41 DAVIS AMERICORPS LSTA Y3 (TRAVEL) 208920 6/27/06 102.68 DEERING AMERICORPS LSTA Y3 (TRAVEL) 208921 6/27/06 55.42 DETILLA PRIME TIME Y2 (EXPERT SERVICES) 208922 6/27/06 750.00 DIAZ LIT. INIT. XIV (TRAVEL) 208923 6/27/06 60.92 DILLE PRIME TIME LSTA Y2 (EXPERT SERVICES) 208924 6/27/06 125.00 ESTRADA PRIME TIME Y2 (EXPERT SERVICES') 208925 6/27/06 750.00 ESTRADA PRIME TIME Y2 (EXPERT SERVICES) 208926 6/27/06 300.00 EVERETT PRIME TIME Y2 (EXPERT SERVICES) 208927 6/27/06 750.00 FARNSWORTH BOOKS LIT. SVCS. Y3 (INSTRUCTIONAL MATERIALS) 208928 6/27/06 342.17 FEATHERSTON LIT. INIT. XIV (TRAVEL) 208929 6/27/06 135.40 FEDEX LIT. INIT. XIV (POSTAGE) 208930 6/27/06 28.95 FESTEJO PRIME TIME Y2 (EXPERT SERVICES) 208931 6/27/06 350.00 FIEGER LIT. INIT. XIV (TRAVEL) 208932 6/27/06 77.44 FRIENDS OF THE READ/SAN DIEGO LIT. SVCS. Y3 (TRAVEL) 208933 6/27/06 180.00 FRIENDS OF VISION LITERACY LIT. INIT. XIV (TRAVEL) 208934 6/27/06 115.00 GARCIA LIT. INIT. XIV (TRAVEL) 208935 6/27/06 126.68 GIARRIZZO LIT. INIT. XIV (TRAVEL) 208936 6/27/06 306.96 2 City of National City WARRANT REGISTER # 51 6/27/2006 Payee Description chk no chk date amount GOMEZ AMERICORPS LSTA Y3 (TRAVEL) 208937 6/27/06 60.00 208938 6/27/06 21.76 208939 6/27/06 63.00 208940 6/27/06 750.00 208941 6/27/06 110.84 208942 6/27/06 179.86 208943 6/27/06 31.04 208944 6/27/06 124.60 AMERICORPS LSTA Y3 (TRAVEL) 208945 6/27/06 8.00 LIT. INIT. XIV (TRAVEL) 208946 6/27/06 56.76 LIT. INIT. XIV (TRAVEL) 208947 6/27/06 42.00 LIT. INIT. XIV (TRAVEL) 208948 6/27/06 43.45 LIT. INIT. XIV (TRAVEL) 208949 6/27/06 119.26 LIT. INIT. XIV (MATERIALS & SUPPLIES) 208950 6/27/06 316.50 AMERICORPS LSTA Y3 (TRAVEL) 208951 6/27/06 95.20 AMERICORPS LSTA Y3 (TRAVEL) 208952 6/27/06 122.40 PRIME TIME Y2 (EXPERT SERVICES) 208953 6/27/06 750.00 • LAU LIT. INIT. XIV (TRAVEL) 208954 6/27/06 68.00 LIMON LIT. INIT. XIV (TRAVEL) 208955 6/27/06 49.16 LITERACYWORKS EASY VOTER GUIDE (EXPERT SERVICES) 208956 6/27/06 300.00 LUA-CORDOVA AMERICORPS LSTA Y3 (TRAVEL) 208957 6/27/06 250.24 LYNNE PRICE PRIME TIME Y2 (EXPERT SERVICES) 208958 6/27/06 526.93 MANELA LIT. INIT. XIV (TRAVEL) 208959 6/27/06 68.60 MINKLER PRIME TIME Y2 (EXPERT SERVICES) 208960 6/27/06 350.00 MONTEREY PARK LIBRARY PRIME TIME (EXPERT SERVICES) 208961 6/27/06 350.00 MORSE LIT. INIT. XIV (TRAVEL) 208962 6/27/06 58.00 7ATIONAL SCHOOL DISTRICT AMERICORPS LSTA Y3 (PRINTING & BINDINC208963 6/27/06 407.72 GOOD GRANT III GRAY GUERRERO GUILLEN GUTIERREZ HABECK HAMANN HARTLEY HARVEY IROTA JACQUELYN BRINKLEY JANWAY COMPANY USA, INC. JONES KERR KREISLER LIT. INIT. XIV (TRAVEL) LIT. INIT. XIV (TRAVEL) PRIME TIME Y2 (EXPERT SERVICES) LIT. INIT. XIV (TRAVEL) AMERICORPS LSTA Y3 (TRAVEL) LIT. INIT. XIV (TRAVEL) LIT. INIT XIV (TRAVEL) 3 City of National City WARRANT REGISTER # 51 6/27/2006 Payee NEWSOM NOLAN O'HARA ORENOS ORTEGA PALATO PARKER PEARSON EDUCATION PIMENTEL PLASENCIA Description chk no chk date amount AMERICORPS LSTA Y3 (TRAVEL) 208964 6/27/06 158.42 PRIME TIME Y2 (EXPERT SERVICES) 208965 6/27/06 750.00 LIT. INIT. XIV (TRAVEL) 208966 6/27/06 9,092.90 PRIME TIME Y2 (EXPERT SERVICES) 208967 6/27/06 625.00 AMERICORPS LSTA Y3 (TRAVEL) 208968 6/27/06 92.14 AMERICORPS LSTA Y3 (TRAVEL) 208969 6/27/06 25.84 PRIME TIME Y2 (EXPERT SERVICES) 208970 6/27/06 750.00 LIT. SVCS. Y3 (INSTRUCTIONAL MATERIALS) 208971 6/27/06 282.85 AMERICORPS LSTA Y3 (TRAVEL) 208972 6/27/06 42.16 LIT. INIT. XIV (TRAVEL) 208973 6/27/06 101.32 PRECIOUS MEMORIES EDUC RESOU LIT. SVCS. Y3 (INSTRUCTIONAL MATERIALS) 208974 6/27/06 96.00 PREVEDEL LIT. INIT. XIV (EXPERT SERVICES) 208975 6/27/06 9,910.00 PROLITERACY AMERICA LIT. SVCS. Y3 (MEMBERSHIP/DUES) 208976 6/27/06 140.00 RAMIREZ LIT. INIT. XIV (TRAVEL) 208977 6/27/06 28.56 RAMIREZ LIT. INIT. XIV (TRAVEL) 208978 6/27/06 208.36 RANDALL WEAVER LIT.INIT. XIV (TRAVEL) 208979 6/27/06 58.00 RAY -BOLLS PRIME TIME Y2 (EXPERT SERVICES) 208980 6/27/06 300.00 REBOLLO PRIME TIME LSTA Y2 (EXPERT SERVICES) 208981 6/27/06 300.00 ROBERTA PERRY & ASSOCIATES AMERICORPS LSTA Y3 (EXPERT SERVICES) 208982 6/27/06 2,500.00 ROBINSON AMERICORPS LSTA Y3 (TRAVEL) 208983 6/27/06 65.96 SAN GABRIEL TRANSIT, INC. PRIME TIME Y2 (TRAVEL) 208984 6/27/06 46.30 SAN MATEO PROJECT READ AMERICORPS LSTA Y3 (EXPERT SERVICES) 208985 6/27/06 15,000.00 SANDOVAL PRIME TIME Y2 (EXPERT SERVICES) 208986 6/27/06 750.00 SANO AMERICORPS CNCS Y3 (TRAVEL/EXPERT SV(208987 6/27/06 52.82 SARMIENTO AMERICORPS CNCS Y3 (EXPERT SERVICES) 208988 6/27/06 80.00 SAWHILL PRIME TIME Y2 (EXPERT SERVICES) 208989 6/27/06 750.00 SAYRE PRIME TIME Y2 (EXPERT SERVICES) 208990 6/27/06 625.00 4 City of National City WARRANT REGISTER # 51 6/27/2006 Payee Description chk no chk date amount SCHMIDT AMERICORPS LSTA Y3 (TRAVEL) 208991 6/27/06 43.86 SILVA PRIME TIME Y2 (EXPERT SERVICES) 208992 6/27/06 750.00 STANISLAUS LITERACY CENTER LIT. INIT. XIV (TRAVEL) 208993 6/27/06 71.20 STRATEGIC RESOURCE COMPANY AMERICORPS CNCS Y3 (EXPERT SERVICES) 208994 6/27/06 1,568.00 THACKOORIE PRIME TIME Y2 (EXPERT SERVICES) 208995 6/27/06 300.00 THE SHOPPER, INC. PROCESSING MATERIALS -PRIME TIME Y2 208996 6/27/06 972.69 THEOBALD LIT. INIT. XIV (EXPERT SERVICES/TRAVEL) 208997 6/27/06 2,652.93 TOMINAGA LIT. INIT. XIV (TRAVEL) 208998 6/27/06 42.00 TORRES PRIME TIME Y2 (EXPERT SERVICES) 208999 6/27/06 350.00 TORRES PRIME TIME Y2 (EXPERT SERVICES) 209000 6/27/06 250.00 VARELA ORIEGA PRIME TIME Y2 (EXPERT SERVICES) 209001 6/27/06 750.00 ARGAS LIT. INIT. XIV (TRAVEL) 209002 6/27/06 27.20 VARGAS PRIME TIME Y2 (EXPERT SERVICES) 209003 6/27/06 300.00 VELEV LIT. INIT. XIV (TRAVEL) 209004 6/27/06 11.90 VILLARREAL PRIME TIME Y2 (EXPERT SERVICES) 209005 6/27/06 300.00 WENNING AMERICORPS CNCS Y3 (EXPERT SERVICES) 209006 6/27/06 10.00 WESTLIN AMERICORPS LSTA Y3 (TRAVEL) 209007 6/27/06 11.22 WILMETH PRIME TIME Y2 (EXPERT SERVICES) 209008 6/27/06 750.00 XEROX CORPORATION LIT. SVCS. Y3 (CONTRACT SERVICES) 209009 6/27/06 481.77 ZIKRATCH LIT. INIT. XIV (TRAVEL) 209010 6/27/06 66.64 AAA RADIATOR WAREHOUSE AUTOMOTIVE PARTS (RADIATORS, HEATER 209011 6/27/06 598.73 ACRO INSTRUMENT CO. GAS DETECTOR DYNAMATION MDL 902 #227i209012 6/27/06 709.56 AIRGAS-WEST MOP 45714 BUILDING SUPPLIES 209013 6/27/06 20.24 AL -MAX SANITATION PUMP OUT PIT AT POLICE DEPT. 209014 6/27/06 25.00 AMERICAN ROTARY BROOM CO., I MOP 62683 - SWEEPER PARTS 209015 6/27/06 848.43 AMERICAN WATER WORKS ASSOC RENEWAL ASSOCIATION AUG'06 TO JUL'07 209016 6/27/06 150.00 .UTO BEAUTY PRODUCTS AB-PW-5 RED POLISH SOAP. 209017 6/27/06 62.49 City of National City WARRANT REGISTER # 51 6/27/2006 Payee BATEMAN BDS ENGINEERING INC BOOT WORLD BRATTIN MOTORS Description chk no chk date amount REFUND FORA POLICE REPORT#0308321 209018 6/27/06 6.00 SUPPLEMENTAL AGREEMENT FOR ADDITIOI' 209019 6/27/06 19,374.50 MOP 68096 - BOOTS - CHAVEZ 209020 6/27/06 346.96 #11421460845 - OIL/FILT R1100 209021 6/27/06 934.85 BUTLER'S MILL, INC. MOP 45695 - FERTILIZER 209022 6/27/06 495.65 CALIFORNIA COMMERCIAL SECUR MOP 45754 - KEYS 209023 6/27/06 31.30 CARQUEST AUTO PARTS MOP 457557 - BRAKE ROTOR 209024 6/27/06 135.12 CEB CALIFORNIA LAND USE PRACTICE 209025 6/27/06 249.31 CHEVRON USA, INC. MOP 45699 - FUEL 209026 6/27/06 325.54 CORPORATE EXPRESS MOP 45704 OFFICE SUPPLIES 209027 6/27/06 1,016.23 COUNTY OF SAN DIEGO GENERAL HAZ MATERIAL/POLICE DEPT 209028 6/27/06 394.00 COUNTY OF SAN DIEGO GENERAL HAZ MATERIAL/FIRE STATION 209029 6/27/06 244.00 CSTI CERTIFICATIONS WMD-FRO#05-1500 209030 6/27/06 160.00 CSTI CERTIFICATIONS HAZ MAT/FRO#05-1499 209031 6/27/06 160.00 DANIEL PEARCE/ RPM WELDING MOP 45749 - HANDRAILS 209032 6/27/06 489.65 DAPPER TIRE COMPANY TIRES FOR CITY FLEET FOR FISCAL YEAR 209033 6/27/06 329.09 DATA TICKET INC MAR 2006 PARKING CITATIONS PROCESSING 209034 6/27/06 8,372.60 DELL MARKETING CORP SERVERS, 73GB, U320, SCSI, 1 INCH, 10K 209035 6/27/06 462.70 DREW FORD MOP 49078 - WHEEL ASSEMBLY 209036 6/27/06 395.34 DURRA INK TOW AWAY NO PARKING SIGN- RPLC CK#206209037 6/27/06 2,086.04 DURRA INK MOP 46766 ENVELOPES 209038 6/27/06 505.24 FEDEX POSTCARD NOTICES 209039 6/27/06 187.05 FIRE PREVENTION SERVICES INC FY 05-06 APPORTIONMENT#12 209040 6/27/06 10,159.96 FIRE PREVENTION SERVICES INC FY•05-06 APPORTIONMENT#11 209041 6/27/06 1,323.00 FISHER SCIENTIFIC NON -CATALOG. POWER HAWK HELLBENDE1209042 6/27/06 14,133.44 FLIGHT SUITS TACTICAL FLIGHT SUIT, LS MIL 4.5 SAGE 209043 6/27/06 266.20 GRAINGER MOP 65179 METER MOISTURE 209044 6/27/06 290.93 6 City of National City WARRANT REGISTER # 51 6/27/2006 Payee HERNANDEZ HERNANDEZ HUNTER'S NURSERY INC. IKON OFFICE SOLUTIONS IKON OFFICE SOLUTIONS/IOS INTEGRATED OFFICE SYSTEMS KELLY PAPER CO LASER SAVER INC LUCAS, MASON'S SAW & LAWNMOWER SR MILE OF CARS ASSOCIATION TILE OF CARS ASSOCIATION MINUTEMAN PRESS MORGAN SQUARE, INC. MORGAN SQUARE, INC. NAPA AUTO PARTS OUCHI'S POWER EQUIPMENT PACIFIC MUNICIPAL CONSULTANT PARTNERS DATA SYSTEMS PARTS PLUS AUTOSTORE #713 POWERSTRIDE BATTERY CO INC PRUDENTIAL OVERALL SUPPLY RUSS' BEE REMOVAL S.D. POLICE CHIEFS' AND SAINZ SAN DIEGO GAS & ELECTRIC Description chk no REIMBURSEMENT -JUVENILE FIRESETTER CC209045 REPLACE PAYROLL DIRECT DEPOSIT MOP 45719 - PEAT MOSS/FLOWERS MAINT FOR RICOH VT6000 DUPLICATOR COPIER METER READINGS MOP 46150 LABOR FOR REPAIR PAPER, 8.5" X 11", VARIOUS COLORS, MOP 45725 TONER EPP 74A COMPATIBLE 209046 209047 209048 209049 209050 209051 209052 EDUCATIONAL REIMBURSEMENT/LUCAS MA 209053 209054 209055 209056 209057 209058 209059 209060 209061 MOP 45729 - TRIMMER REPAIR FY 05-06 APPORTIONMENT#12 FY 05-06 APPORTIONMENT#10 MOP 47939 PROPERTY TAG FORM FY 05-06 APPORTIONMENT#12 FY 05-06 APPORTIONMENT#11 MOP 45735 - NUTS MOP 45740 - HEDGER ASSISTANT PLANNER CONSULTANT MAY'06 209062 MIMOSA NEARPOINT FOR MS EXCHANGE - 2209063 209064 209065 209066 MOP 64946 - SPARK PLUGS MOP 67839 - BATTERIES MOP 45725 - UNIFORMS - PARKS REMOVAL OF BEES FROM CITY PROPERTY A 209067 MEMBERSHIP RENEWAL RE1MBURSEMENT/TUITION AND MATERIALS209069 SUNDRY PROPERTY TAX 209070 OLUTIONS SAFETY SERVICES, INC DISINFECTANT, I GALLON. 209068 209071 chk date amount 6/27/06 149.00 6/27/06 314.18 6/27/06 53.28 6/27/06 125.00 6/27/06 763.33 6/27/06 59.00 6/27/06 440.37 6/27/06 67.77 6/27/06 350.00 6/27/06 43.80 6/27/06 2,876.27 6/27/06 2,682.41 6/27/06 116.18 6/27/06 13,409.06 6/27/06 347.22 6/27/06 53.37 6/27/06 523.36 6/27/06 10,862.50 6/27/06 20,451.64 6/27/06 270.80 6/27/06 206.97 6/27/06 304.50 6/27/06 100.00 6/27/06 350.00 6/27/06 666.55 6/27/06 824.31 6/27/06 53.82 City of National City WARRANT REGISTER # 51 6/27/2006 Payee SOUTH BAY WINDOW & GLASS CO SOUTHERN CALIF TRUCK STOP SOUTHWESTERN COLLEGE SUNGARD PENTAMATION INC THE LIGHTHOUSE, INC. TRI1ECH SOFTWARE SYSTEMS UNION BANK OF CALIFORNIA UNITROL/STINGER SPIKE SYSTEMS VILLAFRANCO VULCAN MATERIALS COMPANY VWR WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY BOJORQUEZ COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO CUMMINS CAL PACIFIC, LLC D.A.L. SAFETY CONSULTANTS/ DIRECT TV DIXIELINE LUMBER CO INDUSTRIAL SUPPLY DISTRIBUTOR KIMBALL MIDWEST MCDONALD TRANSIT ASSOC. INC. NEW FLYER PARTS NEXTEL COMMUNICATIONS PETRO-DIAMOND INC. PITNEY BOWES CREDIT CORP Description MATERIALS FOR EMERGENCY REPAIR OF MOP 45758 - DIESEL HEALTHCARE PROVIDER CARDS FOR chk no 209072 209073 209074 ENCOMPASS 4J LICENSE TRANSFER. UTILITY209075 MOP 45726 - MIRROR 209076 ONE YEAR VISI CAD SOFTWARE MAINTENAI,209077 MAY06 TO APRO7 ADMIN FEES GO BONDS 209078 LABOR TO REPAIR CONTROLLER REFUND PER HEARING OFFICER CAREY ASPHALT FOR FISCAL YEAR 2006 LAB SUPPLIES MOP 63850 - NOZ7LE HOSE MOP 45763 - MICROPHONE/CABLES TOOL ALLOWANCE - BOJORQUEZ, HUGO 209079 209080 209081 209082 209083 209084 209085 PAYROLL PPE 05/27/06 - S. LOGEL GARNISHM 209086 PAYROLL PPE 05/27/06 - S. LOGEL GARNISHM 209087 BUS PARTS AS NEEDED FOR FY06 MANDATORY WORKSHOP ON MAY 15, 2006. DIRECT TV - 06/13 TO 07/12 SHOP SUPPLIES MAINT. SUPPLIES 80742 CLEANER, CLEANS WHEELS ON BUS. MANAGEMENT FEE BUS PARTS AS NEEDED FOR FY06 NEXTEL PHONES- 05/10/06 TO 06/06/06 DIESEL - FUEL MAILING SYSTEM- QTRLY INV. 3/30 - 06/30 209088 209089 209090 209091 209092 209093 209094 209095 209096 209097 209098 chk date amount 6/27/06 575.00 6/27/06 113.04 6/27/06 312.00 6/27/06 538.75 6/27/06 73.45 6/27/06 12,362.00 6/27/06 1,127.69 6/27/06 100.00 6/27/06 50.00 6/27/06 327.56 6/27/06 1,158.25 6/27/06 248.81 6/27/06 77.16 6/27/06 250.00 6/27/06 11.52 6/27/06 11.52 6/27/06 276.54 6/27/06 675.00 6/27/06 74.98 6/27/06 57.47 6/27/06 151.28 6/27/06 408.74 6/27/06 12,776.40 6/27/06 258.00 6/27/06 499.40 6/27/06 19,304.48 6/27/06 141.00 8 City of National City WARRANT REGISTER # 51 6/27/2006 Payee PRINCIPAL FINANCIAL GROUP SAN DIEGO BUS DRIVERS UNION SAN DIEGO COUNTY SHERIFF SAN DIEGO TRANSIT CORPORAT1O SOUTH COAST MEDICAL CLINIC STATE OF CALIFORNIA Description 401K - PAYROLL PPE 05/27/06 UNION DUES - JUNE 2006 chk no chk date amount 209099 6/27/06 3,794.32 209100 6/27/06 1,238.40 PAYROLL PPE 05/27/06 - C. RAMOS GARNISHN209101 6/27/06 50.00 BUS PASSES FY06 209102 6/27/06 143.60 RANDOM - 209103 6/27/06 36.00 6/27/06 73.36 PAYROLL PPE 05/27/06- D. BUCKINGHAM GAF209104 Total $ 306,157.20 Workers compensation checks 11788 6/21/06 10.79 11789 6/21/06 47.60 11790 6/21/06 122.19 11791 6/21/06 263.85 11792 6/21/06 500.00 11793 6/21/06 88.17 11794 6/21/06 14.72 11795 6/21/06 72.25 11796 6/21/06 19.00 11797 6/21/06 18.70 11798 6/21/06 283.01 11799 6/21/06 400.00 11800 6/21/06 5.45 11801 6/21/06 2,175.00 11802 6/21/06 400.00 11803 6/21/06 400.00 11804 6/21/06 400.00 11805 6/21/06 248.88 11806 6/21/06 32.30 City of National City WARRANT REGISTER # 51 6/27/2006 Payee Description chk no chk date amount 11807 6/21/06 5.81 11808 6/21/06 883.99 11809 6/21/06 28.83 11810 6/21/06 487.50 Total $ 6,908.04 Grand Total 313,065.24 TRANSIT WARRANTS CHECKS 209085-209104 CKS 20 TOTAL $40,205.12 10 City of National City WARRANT REGISTER #51 6/27/2006 001 GENERAL FUND 57,711.30 105 PARKS MAINTENANCE FUND 1,437.16 108 LIBRARY CAPITAL OUTLAY 4,182.10 125 SEWER SERVICE FUND 20,258.42 131 ASSET FORFEITURE FUND 12,362.00 172 TRASH RATE STABILIZATION FUND 2,086.04 259 LIBRARY BONDS DEBT SERVICE FUN 1,127.69 277 NC PUBLIC LIBRARY DONATIONS F 8,672.83 282 REIMBURSABLE GRANTS CITYWIDE 14,596.14 283 Inst. of Museum & Library Svcs. Grant 23,429.67 284 Literacy Initiatives XIV 27,180.71 285 EASY VOTER GUIDE II 6,848.87 286 LITERACY SERVICES III 7,852.74 287 AMERICORPS LSTA III 20,599.02 288 PRIME TIME II 26,318.99 291 AMERICORPS CNCS YEAR 3 1,765.82 301 GRANT-C.D.B.G. 1,079.42 302 CDC PAYMENTS 53.28 552 TDA 40,205.12 626 FACILITIES MA1NT FUND 1,523.86 627 LIABILITY INS. FUND 6,908.04 628 GENERAL SERVICES FUND 1,197.48 629 INFORMATION SYSTEMS MAINTENA 500.00 630 OFFICE EQUIPMENT DEPRECIATION 20,451.64 643 MOTOR VEHICLE SVC FUND 4,716.90 TOTAL 313,065.24 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. (.04, ` BUDGET & INV/ESTMENT FFICER CITY MANAGER FINANCE COMMITTEE NICK INZUNZA, MAYOR -CHAIRMAN RONALD J. MORRISON, MEMBER FRANK PARRA, MEMBER LUIS NATIVIDAD, MEMBER ROSALIE ZARATE, MEMBER 1 HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 18th OF JULY 2006. AYES NAYS ABSENT MEETING DATE July 18, 2006 City of National City, California COUNCIL AGENDA STATEMENT 29 AGENDA ITEM NO. ITEM TITLE PUBLIC HEARING — INTRODUCING AN ORDINANCE AMENDING CHAPTER 18.108 OF TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING SECTION 18.108.230 WHICH WOULD ALLOW THE TERMINATION OF NONCONFORMING USES THROUGH AMORTIZATION, EXEMPTING RESIDENTIAL USES (APPLICABILITY). (Applicant: City initiated. Case File No. A-2006-2). PREPARED BY Claudia G. Silva (x 4222 DEPARTMENT City Attorney EXT. Roger Post (x 4316) Planning Department EXPLANATION Please see Agenda Item No. 30 for explanation of proposed ordinance. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION 1. Conduct public hearing; or 2. Continue public hearing to a specific date. BOARD / COMMISSION RECOMMENDATION At its regular meeting on May 1, 2006, the Planning Commission recommended adoption of the ordinance ATTACHMENTS ( Listed Below) Resolution No. 1. Public Hearing Notice (published in newspaper only, not mailed) 2. Notice of Exemption A-200 (Rev. 7/03) NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: Public Hearing — An Ordinance of the City Council of the City Of National City Amending Chapter 18.108 of the National City Municipal Code by Amending Section 18.108.230 Pertaining to Affirmative Termination by Amortization of Nonconforming Uses Project Location: City-wide Contact Person: Claudia Silva Telephone Number: (619) 336-4310 Senior Assistant City Attorney Description of Nature, Purpose and Beneficiaries of Project: Amendment to Title 18 (Zoning) of the National City Municipal Code regarding nonconforming uses. Applicant: City of National City 1243 National City Boulevard National City, CA 91950 Exempt Status: n Telephone Number: (619) 336-4310 Statutory Exemption. (State type and Section No., if applicable) Categorical Exemption. Not a project as defined in Section 15332 of CEQA Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: There is no possibility that the proposal will have a significant environmental effect, because the amendment does not have a direct affect on any property or environmental consequence. Any future individual project would be reviewed in accordance with CEQA. Date: Claudia Silva Senior Assistant City Attorney MEETING DATE 07/18/06 City of National City, California COUNCIL AGENDA STATEMENT 30 AGENDA ITEM NO. ITEM TITLE 2005-2006 Weed Abatement Public Hearing, Continuance from June 20, 2006 City Council Meeting PREPARED BY Donald Condon, EXPLANATION Battalion Chief 336-4550 DEPARTMENT Fire In accordance with National City Municipal Code, Chapter 9.12, a report of the proceedings and an accurate account of the cost of abating the nuisance on each separate property shall be filed with the City Council. The City Clerk shall thereupon set the report and account for hearing at least ten (10) calendar days after the date of filing. Notice of the public hearing shall be served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. Pursuant to National City Municipal Code, Section 1.36.100, the City Council shall consider the Report and Account at the time set for the confirmation of costs hearing, together with any objections or protests by the responsible person or other interested persons. The responsible person or other interested persons may present a written or oral protest or objection to the report and account. At the conclusion of the hearing, the City Council shall by resolution either approve the Report and Account as submitted, or as modified or corrected by the City Council. This is the second public hearing regarding this matter. This public hearing is to address the property which was pulled from the Report and Account on June 20, 2006 for staff review. The property in question is parcel number 564 401 0700 00. Environmental Review Financial Statement N/A X N/A Account No. STAFF RECOMMENDATION City Council by resolution approve the Report and Account as submitted or as modified or corrected by the City Council. BOARD / COMMISSION i:iECOMMENDAT N/A ATTACHMENTS 1 Lasted Selcw i Resolution No. Fixed Charge Special Assessments. ,4-200 (91801 City of NF jaI City Weed Abatement Program 2006/2007 Fixed Charge Special Assessments Parcel Assmed Amt Site Address Owner ; Mall;Address City ,. St Zip 557 380 51 00 $2,260.70 Plaza Blvd National City Barber Agnes I Est Of 2240 El Prado Ave Lemon Grove CA 91945 558 320 07 00 $1,345.16 3040 E 20th St National City 91950 Mellor Alan 303 H St #412 Chula Vista CA 91910 564 401 07 00 $3,667.56 3605 Cagle St National City 91950 Weaver Lawrence A 3605 Cagle St National City CA 91950 Total Parcels: 3 Total Assessrr $7,273.42 Staff Report Explanation On June 20, 2006, the National City Council issued a continuance for the matter of the weed abatement for 3605 Cagle St. The daughter, Mylinda Jocson, of the property owner brought attention to City Council that she was not notified of the said abatement. Promptly during the Council Meeting, Battalion Chief Donald Condon was able to provide copies of all the notices and correspondence to Ms. Jocson to ensure her of our past efforts. The Council should be advised that Lawrence Weaver was the registered property owner for the duration of the abatement process for 3605 Cagle St. All interaction was between the City and Mr. Weaver. Subsequent to the abatement, Mr. Weaver died on January 23, 2006. It was apparent that Mr. Weaver did not notify or advised his daughter regarding this abatement that has resulted in her initial misunderstanding. Notification was provided to Mr. Weaver as follows: 5-30-2005 Notice sent for violation 6-23-2005 Administrative Citation issued 7-27-2005 Code Officer Gil contacted property owner at residence, verbal notice 8-1-2005 2nd Administrative Citation issued 8-11-2005 Code Officer Gil contacted property owner at residence, verbal notice 9-6-2005 Declaration of Public Nuisance and Notice to Abate Public Nuisance sent 11-3-2005 Abatement Conducted Recommendation Mr. Weaver's daughter, Ms. Mylinda Jocson, currently is caring for the property and is attempting to address her father's past matters; however, the work was conducted and the cost recovery is needed. Additionally at the time of the Council Meeting, Staff had Ms. Jocson attempted to communicate with Fire Prevention Services if she could initiate a payment plan. It should be noted that if the City waives the fee, the City would sustain responsibility for the cost. It is recommended the City Council by resolution approve the Report and Account as submitted or as modified or corrected by the City Council. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 18, 2006 31 AGENDA ITEM NO. ITEM TITLE Public hearing to consider adoption of the 2006 Regional Transportation Improvement Program (RTIP) for National City. PREPARED BY Alberto Griego DEPARTMENT Engineering EXPLANATION See Attached Explanation. EXT. 4386 CEnvironmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Five Year RTIP and TransNet prfijects BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. 2006 RTIP and TransNet Project List Rtip2006 Resolution No. A-200 (Rev. 7/03) Public hearing to consider adoption of the 2006 Regional Transportation Improvement Program (RTIP) for National City. Explanation: SANDAG is required by State and Federal law to develop and adopt a Regional Transportation Improvement Program (RTIP) every two years. The RTIP is a multi -year program of proposed major highway, arterial, local, transit, and bikeway projects which includes the TransNet Program of projects which cover Fiscal Years 2007 to 2011 and is due to the State on August 4, 2006. Each local agency is required to hold a public hearing and adopt its Five -Year TransNet Local Street and Road Program of projects by Resolution. This public hearing is to accept public testimony on the draft 2006 RTIP for National City. Upon conclusion of the public hearing, the City Council is asked to direct staff to finalize the RTIP, including responding to any significant public comments and recommend the adoption of the final National City RTIP. Please note that we are omitting Fiscal Year 09, Fiscal Year 10, Fiscal Year 11, at this time. This is due to the new TransNet Ordinance being very restricting and requiring all work be called out with specificity. We are not ready to do so at this time as priorities may change. Since updates occur every two years we will have a better idea next time. DRAFT 2006 Regional Transportation Improvement Program San Diego Region (in $000s) National City, City of MPO ID: NC01 Capacity Status: CI TITLE: Plaza Blvd Widening DESCRIPTION: From Highland Ave. to Euclid Ave. - widen from 2 to 3 lanes RTIP #: 06-00 TOTAL PRIOR 06/07 07/08 08/09 09/10 10/11 PE RW CON RSTP TransNet - L $2,000 $1,092 $2,000 $766 $200 $126 $708 $247 $1,292 $265 $580 TOTAL $3,092 $2,766 $200 $126 $955 $1,557 $580 MPO ID: NC03 Capacity Status: NCI RTIP #: 06-00 TITLE: Street Resurfacing Project Exempt Category: Safety - Pavement resurfacing and/or rehabilitation. DESCRIPTION: Various locations - construct and overlay streets TOTAL PRIOR 06/07 07/08 08/09 09/10 10/11 PE RW CON Local Funds $3,514 $2,966 $271 $277 $3,514 TransNet - L $6,180 $4,856 $618 $706 $6,180 TOTAL $9,694 $7,822 $889 $983 $9,694 MPO ID: NC04 Capacity Status: NCI TITLE: Traffic Signal Install/Upgrade Exempt Category: Other - Intersection signalization" projects. DESCRIPTION: Install and/or upgrade traffic signals RTIP #: 06-00 TOTAL PRIOR 06/07 07/08 08/09 09/10 10/11 PE RW CON Local Funds TransNet -L $50 $675 $50 $425 $125 $125 $50 $675 TOTAL $725 $475 $125 $125 $725 Page 31 57 Thursday, April 27, 2006 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 18, 2006 AGENDA ITEM NO. 32 (--- ITEM TITLE Public Hearing - Street Vacation for the Closing of that Portion of 7th Street, west of Arcadia Avenue and east of Burden Drive (Applicant: Michael Parich, Generations, LLC) (Case file no. SC-2006-1) PREPARED BY Angela Reeder, 336-4310 DEPARTMENT Planning EXPLANATION The City Council initiated a Street Vacation for the closing of a portion of 7th Street between Arcadia Avenue and Burden Drive at their May 16th, 2006 meeting. At that meeting they directed that the item be brought back for a Public Hearing on July 18th As this Street Vacation is a portion of a large retirement community project currently being processed by the City, the applicant has requested that the public hearing for this item be continued to a later date in order to allow the entire project to be heard before Council together. Staff concurs with the applicant's request. The hearing has also not been posted and advertised per the Street and Highways Code and City Street Vacation procedures at this time. Environmental Review N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends the item be continued to a later date and that Council direct the City Clerk to set the public hearing date at such time that the entire project can be brought forward for review. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Application's Request 2. Location Map 3. Application A-200 (9/99) Angela Reeder prom: Chip Gabriel [CGabriel@generationslIc.com] ,ent: Monday, July 03, 2006 12:11 PM To: Angela Reeder Cc: Mike Parich Subject: Re: FW: Street Vacation Angela, We are comfortable moving the public hearing for the street vacation to match the other hearings with the rest of the project. It is my understanding that this should occur the beginning of September. Thanks for all your efforts on our project. We are anxious to keep it moving ahead and becoming a part of National City. Sincerely, Chip Gabriel Generations LLC 503 652-0750 1 2623, '2630 \2620 ti 2730 A -2724 2712 Paradise Valley Hospital 2575 540 \ 424 0 San Diego Academy 00 tr_ 0 et 439 -- \51 - ,- 518 ; `'\ -� \`�w\640 '35 0 1 ,aTc1,3\g20,-� r 3ti a,\" VCD \$A V-- p� �\r62i N` 635 v>� O j \\ g20 g29 a4-- \0 5\ g41,\ v SA4 vS' - n\' i= r v 3004 \rA�°, 904��v \� \\ 929. r 1 STREET VACATION AREA LOCATION MAP Street Vacation for a portion of 7th Street between Burden Dr. and Arcadia Ave. SC-2006-1 NATIONAL C,)TY PLANNING DRN. DATE: 6/19/06 INITIAL HEARING: 6/19/06 r NI Ctic. NATIONAL CITY, CALIFORNIA STREET or ALLEY VACATION REQUEST Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number C-r--2O0(o- I Filing Fee $ (051.0 w Reeei No 1 F50�1q Date Received Vice/l)10 By RAF. Required Related Cases Fee $ NOTE: Streets, alleys, or portions thereof may only be vacated upon a finding that property in question is not needed for present or future uses as a street. See attached Vacation Procedures for more information. Please consider my request for the vacation of located between 1 012.pEN [dig. At?-C.A.01 /svF_. and as more particularly shown and described on drawing of area to be vacated, prepared by r21:)-5 Li\IPEt=I N r, dated 1 /CvW, an original and 20 copies of which are attached hereto. REASON FOR REQUEST (Attach additional pages if insufficient space below) "T6 F.6. 11_►-TAT1✓ 12-ET1(Z1 AEtiT CCJN1MUNlTT DEcIGt1/. 1 ST7`.EET le7ET1..1. at.l 4'5( Ilzr) i.A DRI, r AKC 4. C DtA AVE jt 1E Tb f5F NryTE : AVc i71 A Tt-) FvE 1<?rT1= t.tt7�t� Foot k 1T• 1b 8 S-rgsF:1--: Title Examination Report obtained by SPec,D„,4 7`, t{e date f//3 /Ol, (attach copy) Street or Alley Vacation Request Application Revised December, 1998 Page 1 of 2 Signature: PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: ri1.an:B • 5odtzr-fpto,t., i (Prr Name: CEo Signature (Signature acknowledges that this application�is being filed) ?aro.AjsA_/aOite.d f Sfti-0 Address: •,2400 G• ��"S�Y f Phone No. ((0((6 410 '41 �7 Fax No. 0o(9) Date: .313 10(4, APPLICANT Signature (Signature acknowledges that this application is being filed) Address: Phone No. Fax No. Date: Name: M (GHAM. 6 F'A R1 G?4 (Please type or print) {C.11>• 41 (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: frd-j] SE Ci4hU 1 SuiTL� j POTZ-TLAN,uD oe. c isepc0 Phone No. C @5 3) S14.224 Fax No. ( 66•(pq.Gjj Date: -3(3 [0(., Street or Alley Vacation Request Application Revised December, 1998 Page 2 of 2 EXHIBIT "A" 7TH STREET VACATION VACATION OF THAT PORTION OF 7TH STREET DEDICATED TO THE CITY OF NATIONAL CITY ON TRANQUILLA PLACE, MAP NO. 1433 FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN DIEGO APRIL 26, 1912, TOGETHER WITH THAT PORTION OF 7TH STREET GRANTED TO THE CITY OF NATIONAL CITY PER DOCUMENT FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN DIEGO APRIL 11, 1938 IN BOOK 765, PAGE 312, ALL IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTHERLY LINE OF QUARTER SECTION ONE HUNDRED FIVE (105) RANCHO DE LA NACION, MAP NO. 166 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 11, 1869, WITH THE NORTH AND SOUTH CENTERLINE OF SAID QUARTER SECTION; THENCE SOUTH 71° 14' WEST A DISTANCE OF 155.00 FEET; THENCE LEAVING THE SOUTHERLY LINE OF SAID SECTION 105 ALONG THE EASTERLY LINE OF BURDEN DRIVE AND ITS SOUTHERLY PROLONGATION NORTH 18° 46' WEST A DISTANCE OF 301.84 FEET TO THE POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF 7111 STREET AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID SOUTHERLY LINE OF 7 STREET NORTH 71° 14' EAST A DISTANCE OF 427.75 FEET TO THE POINT OF INTERSECTION WITH THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF ARCADIA AVENUE, 60 FEET WIDE; THENCE ALONG SAID PROLONGATION NORTH 18° 30' WEST A DISTANCE OF 40.00 FEET TO THE POINT OF INTERSECTION WITH THE NORTH LINE OF SAID 7TH STREET AND THE WESTERLY LINE OF SAID ARCADIA AVENUE; THENCE ALONG SAID NORTHERLY LINE OF 7TH STREET SOUTH 71° 14' WEST A DISTANCE OF 427.94 FEET TO THE POINT OF INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID BURDEN DRIVE; THENCE ALONG SAID PROLONGATION SOUTH 18° 46' EAST A DISTANCE OF 40.00 FEET TO THE TRUE POINT OF BEGINNING. AT THOMAS A. JO L.S. 6622 EXHIBIT "B" fiT 6TH STREET SLY 1 2 SECT J05 pr>>\lr1-1Q DE LA NlArloiN1 i\71r\P NO. J>> R. J.S. F J'r J S 71'14' W 427.94' ARCADIA AVENUE 30' w D CO \A/1/// //////// 30' O CO ci-N 71'14' E 155.00'� 8TH STREET N- P.O.C. !'---- OF SECTION 105 SOUTHERLY LINE N 71'14' E 427.75' T.P.O.B. R. J.S. Jr NORTH SOUTH CENTERLINE OF SECTION 105 30' N 18'30' W 40.00' I - TRr>>N1OUiLL.A PLI\rlE 1\i AP NO J 'r J J w z w 0 cr LEGEND INDICATES PORTION OF 7TH STREET VACATED HEREON DWG. FILE: L:APROJECTS\0482\Engr\St Vocotion\7th St Vacotion.dwg City of National City, California COUNCIL AGENDA STATEMENT July 18, 2006 MEETING DATE AGENDA ITEM NO. 33 7-ITEM TITLE A Public Hearing to consider the report required by Health and Safety Code Section 5473, Et Seq. pertaining to the collection of sewer charges on the tax roll, directing the City Clerk to file said report with the San Diego County Auditor, and directing the Finance Director to certify with the San Diego County Auditor the "Sewer Service Charge Fund", with no increase in rates from 2005-06 to 2006-07 PREPARED BY Joe Smith DEPARTMENT Public Works EXT. 4587 EXPLANATION See attached explanation. r Environmental Review N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Hold the Public Hearing 1 BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Report is on file in the Office of the City Clerk Resolution No. A-200 (Rev. 7/03) Explanation: Pursuant to Ordinance No. 2003-2225, the City Council adopted a three-year sewer service fee rate adjustment schedule commensurate with projected Regional wastewater treatment cost increases and elected to have sewer service charges collected on the tax roll, as authorized by California Health and Safety Code Section 5473 et seq. California Health and Safety Code Section 5473 requires a written report to be prepared each year and filed with the City Clerk, which should contain a description of each parcel of real property receiving sewer services, and the amount of the charges for each parcel for the year. California Health and Safety Code Section 5473.4 provides that on or before August 10 of each year, the City Clerk shall file with the County Auditor a copy of the report prepared pursuant to Section 5473 with a statement endorsed on the report over his signature that the report has been adopted by the City Council, and the Auditor shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll. By approving the proposed resolution, the City Council, would for FY 06-07, adopt the report required by California Health and Safety Code Section 5473, direct the report to be kept on file in the Office of the City Clerk, and direct the City Clerk to file a copy of the report with the County Auditor and direct the Finance Director to certify with the San Diego Auditor the establishment of Fund No. 6065-5, which shall be described as "Sewer Service Charge", and that said fund is hereby approved. The City Of National City sewer service fees are monthly flat rates for residential and multi- family usage. For commercial and industrial users, the monthly charges are variable and based on water consumption and on the strength of the sewage they generate (low, medium or high). The table below summarizes the approved rate for FY 06-07, which is the same as the FY 05- 06 rate. National City Sewer Service Rates for FY 06-07 Residential Flat Rates (per month) Single Family Residence Multi -Family Residence Mobile Homes Commercial Variable Rates Suspended Solids/BOD Strength Category Commercial - Low Commercial - Medium Low Commercial - Medium Commercial - Medium High Commercial - High (per HCF) Suspended Solids/BOD Strength Range <200 PPM 201 to 280 PPM 281 to 420 PPM 421 to 660 PPM > 600 PPM FY 2007 Monthly 32.08 25.00 19.50 3.03 3.28 4.09 4.90 6.12 The cost of wastewater collection, transportation and treatment has increased dramatically over the past three years. Fortunately, the sewer service rate plan adopted by the City Council in 2003 provided adequate revenues to cover these costs and those of the NPDES permit compliance activities necessary to eliminate the amount of urban run-off pollution that enters our storm drain system without the need to increase this fee for next year. Currently, the METRO Wastewater Joint Power Authority, the Agency that operates, maintains and administers the regional facilities that transport, treat and dispose of the area's effluent is working on a comprehensive cost allocation study, which may substantially increase the rates paid by its member Agencies. The City Of National City, as a member Agency and interested party, is actively working with METRO staff to assure the increase, if any, is justifiable and fair to all member Agencies. Staff will keep you informed regarding this potentially significant issue as the study progresses. MEETING DATE July 18, 2006 City of National City, California COUNCIL AGENDA STATEMENT 34 AGENDA ITEM NO. ITEM TITLE INTRODUCING AN ORDINANCE AMENDING CHAPTER 18.108 OF TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING SECTION 18.108.230 WHICH WOULD ALLOW THE TERMINATION OF NONCONFORMING USES THROUGH AMORTIZATION, EXEMPTING RESIDENTIAL USES (APPLICABILITY). (Applicant: City initiated. Case File No. A-2006-2). PREPARED BY Claudia G. Silva (x 4222j DEPARTMENT City Attorney EXT. Roger Post (x 4316) U Planning Department EXPLANATION Please see attached memorandum. 2 Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. / STAFF RECOMMENDATION 1. Introduce Amendment to Title 18 (Zoning) of the Municipal Code based on the attached finding; or 2. Recommend specific modification to the Amendment, based on findings to be determined by the City Council; or 3. Recommend denial of the Amendment, based on findings to be determined by the City Council. BOARD 1 COMMISSION RECOMMENDATION At its regular meeting on May 1, 2006, the Planning Commission recommended adoption of the ordinance ATTACHMENTS ( Listed Below ) 1. Amendment to Title 18 (Zoning) of the Municipal Code 2. Recommended Finding for Approval Resolution No. 3. Notice of Exemption 4. Public Hearing Notice (published in newspaper only, not mailed) A-200 (Rev. 7/03) ORDINANCE NO. 2006 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 18.108 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING SECTION 18.108.230 PERTAINING TO AFFIRMATIVE TERMINATION OF NONCONFORMING USES THROUGH AMORTIZATION, EXEMPTING RESIDENTIAL USES (APPLICABILITY) WHEREAS, the City of National City Municipal Code currently allows a lawful nonconforming uses to continue indefinitely, unless the use is enlarged, extended, reconstructed or structurally altered; and WHEREAS, nonconforming uses are detrimental to the orderly development of the City, to the general welfare, and to the implementation of the General Plan; and WHEREAS, nonconforming uses cannot be expanded, enlarged, extended, reconstructed structurally altered; and WHEREAS, a nonconforming use can be harmful when the use is adjacent to a residence; and WHEREAS, a nonconforming residence does not generally pose the potential to cause harm when it is adjacent to another type of use; and WHEREAS, amortizing nonconforming residential uses could cause the displacement of families and traumatic disruption of their lives; and WHEREAS, amortizing nonconforming residential uses would not be consistent with the desire to preserve the community's supply of housing affordable to all income levels; and WHEREAS, excluding nonconforming residential uses from amortization would be consistent with the General Plan goal of working to preserve the affordability, supply and quality of the existing rental and owner housing stock; and WHEREAS, amortization serves the public health and welfare by providing the City of National City a method to affirmatively terminate nonconforming uses; and WHEREAS, amortization allows a private owner to mitigate a loss by allowing the owner a reasonable period to recoup the investment in the nonconforming use; and WHEREAS, hearings were legally noticed and held by the Planning Commission of National City and also by the City Council of the City of National City, and all interested persons were given the opportunity to appear and be heard before the Planning Commission and the City Council; and WHEREAS, the Planning Commission recommended this amendment to the Municipal Code; and WHEREAS, the City Council finds this amendment to the Municipal Code is consistent with and necessary for the implementation of the General Plan. NOW, THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. That Section 18.108.230 is added to Chapter 18.108 of the National City Municipal Code, which amendment is to read as follows: 18.108.230 Affirmative Termination by Amortization. The City Council of the City of National City may order a nonconforming use to be terminated within a reasonable amount of time, upon recommendation of the Planning Commission. The Planning Commission shall conduct a public hearing after 10 days written notice to the nonconforming user. If the nonconforming user has not made a substantial investment in furtherance of the use, or if the investment can be substantially utilized or recovered through a currently permitted use, the Order may require complete termination of the nonconforming use within a minimum of one year after the date of the Order. If the nonconforming user has made ,a'substantial. investment in furtherance of the use, or if the investment cannot be substantially utilized or recovered through a currently permitted use, the Order may require complete termination of the nonconforming use within a longer reasonable amount of time. Nonconforming uses that are determined to be an imminent threat to public health or safety may be terminated immediately, pursuant to Chapter 1.36 of this Code. In making its recommendation to terminate a nonconforming use and in recommending a reasonable amount of time in which to terminate, the Planning Commission shall consider: (i) The total cost of land and improvements; (ii) The length of time the use has existed; (iii) Adaptability of the land and improvements to a currently permitted use; (iv) The cost of moving and reestablishing the use elsewhere; (v) Whether the use is significantly nonconforming; (vi) Compatibility with the existing land use patterns and densities of the surrounding neighborhood; (vii) The possible threat to public health, safety or welfare; and (viii) Any other relevant factors. The term "nonconforming use" when used in this section shall include nonconforming uses, nonconforming structures and nonconforming Tots, consistent with the intent of this title. uses. This amortization section does not apply to any lawful nonconforming residential 2 Failure to comply with the City Council's Order to terminate a nonconforming use shall constitute a violation of this Chapter and is a public nuisance subject to abatement in accordance with Chapter 1.36 of this Code. Section 2. That a Notice of. Exemption shall be filed indicating that this amendment to the Municipal Code is exempt from the California Environmental Quality Act, because it can be said with certainty that there is no possibility that the action will have a significant effect on the environment as it does not have a direct effect on any property or environmental consequence. PASSED and ADOPTED this day of.. 2006. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 3 Nick Inzunza, Mayor CITY OF NATIONAL CITY OFFICE OF THE CITY ATTORNEY 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4220 Fax: (619) 336-4327 E-mail: attorney(a)ci.national-city.ca.us TO: Mayor and City Council DATE: July 18, 2006 FROM: Senior Assistant City Attorney SUBJECT: An Ordinance Amending Chapter 18.108 of the National City Municipal Code by Amending Section 18.108.230 Pertaining to Affirmative Termination by Amortization of Nonconforming Uses BACKGROUND On June 20, 2006, an amortization ordinance was before the City Council for introduction. At the public hearing, members of the public spoke in support of the ordinance, but requested a modification to have the ordinance inapplicable to residential uses based on their concerns regarding housing. The City Council requested the proposed ordinance be modified consistent with such request, and directed the ordinance be brought back for introduction on July 18, 2006. We now have before you the ordinance with the requested modification for your review and consideration. DISCUSSION The Environmental Health Coalition and individual members of the public raised a common concern regarding the proposed amortization ordinance and its potential application to residential uses. Specifically, concerns were voiced, that as currently drafted, the ordinance could be applied to residential uses. While a nonconforming use can be harmful when the use is adjacent to a residence, a nonconforming residence does not generally pose the same potential for harm. For example, an industrial use next to a residential use can pose health hazards to those residents. The residential use, however, would not pose a hazard to the adjacent industrial use. Thus, even if nonconforming, continuing a residential use does not raise the same types of concerns that continuing other types of nonconforming uses. In addition, members of the community raised concerns that amortizing a residential use could cause the displacement of families and traumatic Ordinance: Amortization of Nonconforming Uses July 18, 2006 Page 2 disruption of their lives. Such a displacement would not be consistent with the desire to preserve the community's supply of housing affordable to all income levels. Based on these concerns, the City Council was asked to exclude from the ordinance dwellings used for residential purposes. The City Council concurred with this request, and directed the ordinance be re -written to reflect this direction. The prior staff reports regarding amortization of nonconforming uses are attached for your reference. Attached is the proposed amortization ordinance with the language excluding residential uses from the application of the ordinance. ROGER G. POST CLAUDIA G. SILVA Planning Director Senior Assistant City Attorney CITY OF NATIONAL CITY OFFICE OF THE CITY ATTORNEY 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4220 Fax: (619) 336-4327 E-mail: attorneyAci.national-city.ca.us TO: Mayor and City Council DATE: May 25, 2006 FROM: Senior Assistant City Attorney SUBJECT: An Ordinance Amending Chapter 18.108 of the National City Municipal Code by Amending Section 18.108.230 Pertaining to Affirmative Termination by Amortization of Nonconforming Uses BACKGROUND On April 4, 2006, the City Council directed staff to proceed with an amortization ordinance based on the discussion contained in the attached Report (Attachment A). On May 1, 2006, an amortization ordinance was brought before the Planning Commission for their consideration. After public testimony and discussion, the Planning Commission recommended approval of the ordinance. We now have before you an ordinance for your review and consideration. DISCUSSION Generally, the City of National City can adopt an ordinance that restricts and teuuiinates nonconforming uses. A nonconforming use is one that was an allowed use until it became prohibited by the adoption of a new zoning restriction, but has continued as a use after the adoption of the new zoning restriction. 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. The Code currently allows nonconforming uses and provides for the teiiuination of nonconforming uses when the use discontinues, expands, changes, or violates provisions of the chapter.' There is not a current codified method for the City of National City to affirmatively teuninate a nonconforming use. Thus, as long as the nonconforming use abides by the Code, it can continue indefinitely. Please see Attachment A for a complete discussion of the current Code provisions related to nonconforming uses. Ordinance: Amortization of Nonconforming Uses May 25, 2006 Page 2 TERMINATION OF NONCONFORMING USES THROUGH AMORTIZATION 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. Amortization does not result in taking private property. At the Planning Commission meeting on May 22, 2006, some members of the public raised concerns that this ordinance amounted to the exercise of eminent domain. This ordinance does not amount to eminent domain. The property can still be put to allowable uses, and the government is not "taking" any property through this ordinance. 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. 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 proposed amortization ordinance will not automatically eliminate all nonconforming uses. Generally, a nonconforming user will be provided an opportunity to be heard regarding the length of time to be applied to the use before it terminates. Depending on the various factors present and whether the structure itself is nonconforming, amortization periods can range from 1 year to over 20 years. DESCRIPTION OF AMENDMENT TO TITLE 18 (ZONING) OF MUNICIPAL CODE - PROPOSED AMORTIZATION ORDINANCE The proposed amortization ordinance will provide a method of generally terminating nonconforming uses (Attachment B). This ordinance would apply to the whole city and will be part of the Nonconforming Uses chapter of the Code. It would provide the ability to terminate all types of nonconforming uses. The ability to amortize a specific type of use would arise when a re -zone of an area occurs, thereby creating the nonconforming use. It would be possible, to concurrently re- zone an area and make a determination of a reasonable amortization period as to certain nonconforming uses. As provided for in the ordinance, any such determination would City of National City Office of the City Attorney 1243 National City Boulevard., National Clty, CA 91950-4301 George H. Blear, 111 • Clty 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 CON 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 nonconfoliiiing 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 stncturally altered, except under certain enumerated instances. For example, ordinary stnctural 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 lifrochmeP' Ordinance: Amortization ofNonconfouning Uses May 25, 2006 .Page 3 consider various factors, 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 peiinitted. 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 (cigarette store) 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 would be considered in deciding what length of time 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; 6) compatibility with existing land use patterns in the neighborhood; 7) possible threat to health, safety, and welfare; and 8) any other relevant factors. An ordinance similar to what is proposed has withstood legal challenge.2 While the ordinance and discussion refers to nonconforming uses, it should be noted that this includes both uses and structures that are nonconforniing. For example, if an area was rezoned to single family residential and there were existing uses and structures which were not single family residential, then those uses and structures would then be nonconforming. If the City Council chose, they could request that the Planning Commission make a recommendation regarding termination of certain classes of nonconforming uses and/or structures. Based on the factors contained in the proposed ordinance, the Planning Commission would then make a recommendation. It would be possible for a type of use to have a shorter amortization period than the structure in which the use is sited. The proposed ordinance provides the City broad authority to terminate nonconforming uses and/or structures, and also protects the due process rights of those potentially affected. ROGER G. POST CLAUDIA G. SILVA Planning Director Senior Assistant City Attorney While the proposed ordinance addresses uses on a case -by -case basis, some public entities use a standard type of depreciation schedule for structures. For example, some ordinances amortize buildings according to a schedule from the Uniform Building Code, which would allow a building to remain a certain number of years based on the type of building, from date of construction. Those cities that provide a schedule also contain a provision for the owner to request an extension of the amortization period. 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 bar1.ement 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. Tei nination 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. �1�achmenf f� Ordinances/Nonconforming Uses April 4, 2006 Page 3 of 4 While amortization is available, it is not without limitation. As described above, various facto-s 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 tithe 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 beheard 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 t 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 teiniinate 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, ,ftachme' 4 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 Code. Senior Ass t City Attorney CGS/cgs RECOMMENDED FINDING FOR APPROVAL That the proposed amendment is in the public interest and is consistent with General Plan policies, as the General Plan calls for review of National City zoning and development ordinances to achieve implementation of General Plan programs and policies, and the amendment will carry out General Plan policies that encourage the conversion or relocation of nonconforming, higher intensity uses in order to improve the quality of neighborhoods and business districts. NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: An Ordinance of the City Council of the City Of National City Amending Chapter 18.108 of the National City Municipal Code by Amending Section 18.108.230 Pertaining to Affirmative Termination by Amortization of Nonconforming Uses Project Location: City-wide Contact Person: Claudia Silva Telephone Number: (619) 336-4310 Senior Assistant City Attorney Description of Nature, Purpose and Beneficiaries of Project: Amendment to Title 18 (Zoning) of the National City Municipal Code regarding nonconforming uses. Applicant: City of National City 1243 National City Boulevard National City, CA 91950 Exempt Status: n Telephone Number: (619) 336-4310 Statutory Exemption. (State type and Section No., if applicable) Categorical Exemption. Not a project as defined in Section 15332 of CEQA Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: There is no possibility that the proposal will have a significant environmental effect, because the amendment does not have a direct affect on any property or environmental consequence. Any future individual project would be reviewed in accordance with CEQA. Date: Claudia Silva Senior Assistant City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 18, 2006 SECOND READING AGENDA ITEM NO. 35 ITEM TITLE An Ordinance of the City Council of the City of National City amending sections 15.16.010, 15.16.015, 15.16.035, 15.16.040, 15.16.045, 7.24.020, 15.08.025, 15.10.010, 15.14.010, 15.20.010 and 15.24.025 of the National City Municipal Code pertaining to housing inspections and permits. PREPARED BY Kathleen Trees EXPLANATION See attached staff report DEPARTMENT Building and Safety 4213 Environmental Review X N/A Approved By: Financial Statement Finance Director Potential for additional funds through the collection of fees for Housing Occupancy Permits Account No. STAFF RECOMMENDATION �� Adopt the Ordinance BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Staff report Ordinance Resolution No. A-200 (9/99) ORDINANCE NO. 2006 — 2285 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTERS 7.24, 15.08, 15.10, 15.14, 15.16, 15.20, AND 15.24 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO HOUSING INSPECTIONS AND PERMITS BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That Chapter 7.24 of the National City Municipal Code is amended by amending Section 7.24.020 to read as follows: 7.24.020 Apartment house management required. A. The owner of each multiple -family dwelling complex of four or more dwelling units on any site shall provide a resident or nonresident manager who can be contacted by residents or by public agencies on any matter relating to questions of lawful compliance with this title or related building, zoning, health, housing, fire prevention or penal laws. Such managers shall have the responsibility of an authority for arranging for an achieving compliance therewith. B. The owner of each multiple -family dwelling complex of nine or more dwelling units on any site shall provide a resident manager. Such owners shall also file with the National City Department of Building and Safety, an address and telephone number of a responsible person having authority to act, pursuant to subsection A, in the absence of the resident manager. The Director of Building and Safety shall distribute this information to the police and fire department. C. Resident owners may be managers. D. The homeowners' association of all residential condominium projects shall designate a person or persons through whom public agencies may communicate regarding the matters described in this section. E. Failure to comply with any part of this section is a violation. Section 2. That Chapter 15.08 of the National City Municipal Code is amended by amending Sections 15.08.025 to read as follows: 15.08.025 Section 104.2.3 "Right of entry" — Amended. Section 104.2.3 of the California Building Code is amended to read: 104.2.3 Right of Entry. When necessary to make an inspection to enforce any of the provisions of this code, or when the Building Official has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which make such building or premises unsafe, dangerous or hazardous, the Building Official and or their authorized representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. Ordinance No. 2006-2285 1 Housing Inspections and Permits Section 3. That Chapter 15.10 of the National City. Municipal Code is amended by amending Sections 15.10.010 to read as follows: 15.10.010 Section 201.3 "Right of entry" — Amended. Section 201.3 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read: 201.3 Right of Entry. When necessary to make an inspection enforce any of the provisions of this code, or when the Building Official has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which make such building or premises unsafe, dangerous or hazardous, the Building Official and or their authorized representatives m.ay request entry as specified in Chapter 1.12 of. the National City Municipal Code. Section 4. That Chapter 15.14 of the National City Municipal Code is amended by amending Sections 15.14.010 to read as follows: 15.14.010 Section,108.3 "Right of entry"— Amended. Section 108.3 of the Uniform Code for, the., Abatement of Dangerous Buildings is amended to read: 108.3 Right of Entry. When necessary to make an inspection enforce any of the provisions of this code, or when the Building Official has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which make such building or premises unsafe, dangerous or hazardous, the Building Official and or their authorized representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. Section 5. That Chapter 15.16 of the National City Municipal Code is amended by amending Sections 15.16.010, 15.16.015, 15.16.035 and 15.16.045 to read as follows: 15.16.010 Section 201.1 amended — Authority. Section 201.1 of the Uniform Housing Code is amended to read: 201.1 Authority. The Director of Building and Safety is hereby authorized and directed to enforce all of the provisions of this code and State Housing Law as contained in Part 1.5 of Division 13 of the California Health and Safety Code. 15.16.015 Section 201.2 amended — Right of entry. Section 201.2 of the Uniform Housing Code is amended to read: 201.2 Right of Entry. When necessary to make an inspection to enforce any of the provisions of this code or when the Building Official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation 2 Ordinance No. 2006-2285 Housing Inspections and Permits which make such building or premises unsafe, dangerous or hazardous, the Building Official and/or their authorized representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.16.035 Section 304 added -Annual housing permit. Section 304 of the Uniform Housing Code is amended to read: 304 Annual Housing Permit (a) It shall be unlawful for any person, firm, partnership, or corporation to own or operate an apartment house, hotel, or lodging house as defined in Chapter 4 of this code or any single family, duplex, triplex or four-plex rental unit without first obtaining an Annual Housing Permit therefor. (b) The Annual Housing Permit required by this section shall be prorated on a quarterly basis and shall expire by limitation on the last day of the quarter one year later in which it was issued. The Annual Housing Permit shall not be transferable from one establishment to another; however, the permittee for an Annual Housing Permit may be changed without charge upon notification to the City of National City Building and Safety Department. 15.16.040 Section 305 added — Fee schedule. Section 305 of the Uniform Housing Code is amended to read: 305. Fee Schedule. All fees for housing permits and housing permit inspections shall be as set forth in a fee schedule as adopted from time to time by resolution of the City Council. 15.16.045 Section 306 added — Permit suspension or revocation. Section 306 is added to the Uniform Housing Code to read: 306. Permit Suspension or Revocation. Whenever it is found that any rental unit is not being conducted in conformity with the provisions of this code, the Annual Housing Permit to operate same shall be subject to suspension or revocation by the City of National City. Section 6. That Chapter 15.20 of the National City Municipal Code is amended by amending Section 15.20.010 to read as follows: 15.20.010 Section 102.2.2 "Right of entry" — Amended. Section 102.2.3 of the California Plumbing Code is amended to read: 102.2.3 Right of Entry. When necessary to make an inspection enforce any of the provisions of this code, or when the Building Official has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which make such building or premises unsafe, dangerous or hazardous, the Building Official and or their authorized representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. Ordinance No. 2006-2285 3 Housing Inspections and Permits 15.24.025 Section 80.13(7) — Amended. Section 80.13(7) of the California Electrical Code 2002 Edition, is amended to read: (7) When necessary to make an inspection enforce any of the provisions of this code, or when the Building Official has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which make such building or premises unsafe, dangerous or hazardous, the Building Official and or their authorized representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. PASSED and ADOPTED this day of 2006. ATTEST: Michael R. Della City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ordinance No. 2006-2285 4 Nick Inzunza, Mayor Housing Inspections and Permits STAFF REPORT This ordinance will remove the references to the County Health Department as the entity having jurisdiction over apartments, hotels and lodging houses. In addition, it will give the City the authority to charge rental property owners of 1, 2, 3 and 4 units for housing inspection services. Background In 1996 the City of National City at the request of the City Council started a housing inspection program with CD13G funding. The program consisted of 1 housing inspector providing pro- active housing inspections in a target area. In 2001, the department received a State grant for $300,000 to hire a 2°a inspector and to set up a pilot program that consisted of community involvement and pro -active housing inspections and attempted to change the image of the housing inspector into someone who is there to help residents and property owners determine housing deficiencies. In 2003, the City received a State grant for housing code enforcement capital costs for $300,000. Money was used to enhance the program by purchasing a vehicle, and XRF machine, street lights and tools. Also in 2003 the City was awarded a federal grant from HUD for approximately $3,000,000 for lead hazard control. Through this grant the City was able to add another housing inspector and the 4th inspector was added after the City received another federal grant from HUD in 2005 for approximately $1,000,000 for a Healthy Homes program. This grant also enabled the department to contract with the Paradise Valley Hospital to provide environmental health inspections for mold and mildew. When the housing inspection program was started in 1996 it covered only single family, duplex, triplex and four-plex units. At this time the City had a contract with the County of San Diego for the inspection of the larger apartment units. The County inspections were done on a complaint basis only. In 2004, the City met with the County and determined that it was feasible for the City to inspect the apartments and motels in the City thus giving the City the authority to require apartment owners maintain their properties. The City Fire Department has also historically conducted annual inspections for the large apartments and motels. Recently, however, due to staffing issues the Building and Safety Department has taken over this responsibility. These inspections consist of inspection of the common areas and fire extinguishers. Legislation Section 17920(e) of the State Housing Law gives the City the jurisdiction to perform housing inspections on rental units. In addition, Government Code Section 54988(a)(E) & (G) gives the City the authority to charge fees for the inspections. The fees must not exceed the actual costs incurred and can only apply to rental units. In addition, the City Municipal Code section 15.16.035 requires annual housing permits for apartments and motels. Municipal Code section 15.16.040 sets the fees for the service by referring to the adopted fee schedule. Housing Inspection Goals The main goal of the housing inspection program is the preservation of affordable housing. In addition, the program strives to assure that the residents have a safe and healthy home in which to live. A secondary goal is to enhance the neighborhood by removing blight caused by improperly maintained properties. Characteristics of the Housing Stock Housing units in the focus area west of I805 are among the oldest in the city with the greatest number of hazards. According to Census 2000, Summary File 3 Data, 86% (8,872) of the housing units in the area were built prior to 1980 making them likely to need maintenance. More than half of the homes in the area are 36 years old or older. 7,572 (75.8%) of the 9,995 occupied housing units in the area are rentals. Many of these rentals have absentee landlords. Experience has shown that some landlords do not visit their properties on a regular basis. The Building and Safety Department studied 500 housing inspections over the past few years and found that multiple health & safety code violations exist among housing units in the city, especially rentals. Housing inspections conducted in the NCHHP target area have identified 23 of the most common code violations found in the past five years. The top 5 violations include: miscellaneous electrical violations, missing smoke detectors, miscellaneous plumbing violations, broken doors and windows, and inoperative stove hoods. The number one violation, miscellaneous electrical, was identified in 391 of the 500 units inspected. The need to correct existing health & housing violations is essential for the prevention of electrical shock, burn injuries, exposure to respiratory irritants (like mold, mildew, and cockroaches), lead poisoning, carbon monoxide poisoning, falls, other injuries and death. A list of all 23 common violations & their links to health & safety issues is attached. Future Plans Grants are currently sustaining the housing inspection program, and the City is proposing to renew the lead grant in 2007 to extend through 2010. After the grants are completed the City will need an alternative funding source to continue meeting its goals. Costs The County of San Diego had been charging for the housing inspections for years and the money has now reverted back to the City and averages approximately $40,000 per year. There is a disparity now, however, since the larger units must pay for the housing inspection service and the smaller rental units are getting the service free. The current fee for housing inspections was established by MAXIMUS and was adopted in the 2005 Fee Schedule. The fee for the small rental units is $68.00 per unit per year. If the landlord were to pass this fee on in rent it would cost the tenant less than $6.00 per month. For this fee the landlord will receive an annual inspection that would alert him to code violations present in the unit that could potentially start a fire, cause an injury or cause a health problem creating a liability for him/her. The tenant would be receiving a home that is safe and healthy. Advantages of Annual Housing Inspections The advantages of annual housing inspections include: • Properly maintained housing units • All rental units are treated the same • Eliminates the complaint system that often results in tenant eviction • Higher quality of life for some tenants • Elimination of blighted properties in neighborhoods • Indirectly reduces crime MEETING DATE July 18, 2006 City of National City, California COUNCIL AGENDA STATEMENT 36 AGENDA ITEM NO. %ITEM TITLE Resolution of the City Council of the City of National City approving the proposed plans for the National. City Boulevard Streetscape and Fountain Plaza Improvements Project and authorizing the City Engineer to advertise and obtain bids. (Funding for this project is provided by a Sandag Smart Growth Grant and the Redevelopment Agency) PREPARED BY Din Daneshfar DEPARTMENT Engineering EXT. 4387 EXPLANATION See attached explanation CEnvironmental Review x N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENVAfiION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution Streetscape A-200 (Rev. 7/03) RE: Resolution of the City Council of the City of National City approving the proposed plans for the National City Boulevard Streetscape and Fountain Plaza Improvements Project and authorizing the City Engineer to advertise the project for bids. (Funding for this project is provided by a Sandag Smart Growth Grant and the Redevelopment Agency) On February 7, 2006, a contract was awarded to Project Design Consultants firm to provide design services for the National City Boulevard Streetscape from 12th to 2nd Streets and 9th Street Fountain Plaza Improvements project. On March 23, 2006, the Consultant completed the program development, planning analysis, and the concept alternative tasks in accordance with the project schedule. Two public workshops were held during the preparation of the project conceptual plans. Approximately, three hundred public notices were sent to the property owners, and occupants/businesses in the vicinity of the project site (within a 300 feet radius). In addition, the notice for workshops was published on the local newspaper. The National City Chamber of Commerce, Developers, Morgan Square Board, Historical Society, Southwestern College, and various stakeholders were also notified of the workshops. Flyers were distributed in the Neighborhood Councils. Posters for the workshops were placed on the City Clerk Bulletin Board, Martin Luther King and Library Buildings, and other City Departments. Posters were also placed at the Chamber of Commerce building and the Education Village. On March 27, 2006, the first public workshop was held and the proposed project concept was discussed in detail with all of the interested parties in attendance. The input from all of the attended parties were collected, and then carefully reviewed for similarities/consistencies. After the review process the original plans were revised and the public comments and recommendations were incorporated into the conceptual plans as appropriate. On April 11, 2006, the second public workshop was held and the revised plans were presented and discussed again with all of the attending parties. In addition, the staff met twice with the Morgan Square Board members and twice with the Public Art Committee and discussed the goals and objectives of the project with them. At each meeting the plan and/or the project schedule was discussed. Based upon the general consensus the plans have been completed. 1 The environmental documents, and necessary studies have been completed and are currently being processed through Department of Transportation and the Federal Highway Administration. The funds available for the project are $2,000,000 through San Diego Association of Governments (Pilot Smart Growth Incentive Program). The total amount as matching funds budgeted through the CDC funds for the project is $2,400,000. The total cost for design and construction, which will include the streetscape improvements along National City Boulevard and 9th Street fountain plaza improvements, is estimated at $4,400,000. At the June 20, 2006 City Council meeting, the Consultant provided the City Council with a presentation summarizing the results of the public workshops and providing an overview of the proposed project approach and concept. Following the presentation the City staff and the Consultant answered to the questions. Morgan Square Board members raised some questions and concerns about the streetscape and 9th Street Fountain Plaza design concepts. Due to these concerns, the City Council directed the Engineering staff to continue working with Morgan Square Board and bring back this item with the results to the July 18th City Council meeting for further discussion. On June 26 and July 13, 2006, Engineering Department held two meetings with Morgan Square Board members and discussed the design plans further and came to an agreement. The Consultant is here tonight to provide the City Council with a presentation summarizing the results of the meetings. Staff's recommendation is to adopt the resolution approving the proposed plans for the Project and authorizing the City Engineer to advertise the project for bids. 2 RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE PROPOSED PLANS FOR THE NATIONAL CITY BOULEVARD STREETSCAPE AND FOUNTAIN PLAZA PROMENADE IMPROVEMENTS PROJECT, AND AUTHORIZING THE CITY ENGINEER TO ADVERTISE THE PROJECT FOR BIDS WHEREAS, on February 7, 2006, the City Council adopted Resolution No. 2006- 13, approving an agreement with Project Design Consultants, Inc. to provide design and construction services for the National City Boulevard Streetscape and Fountain Plaza Promenade Improvements Project; and WHEREAS, the project concept was presented at two public workshops held on March 27, and April 11, 2006; and WHEREAS, after the review process, the original plans were revised and the public comments and recommendations were incorporated into the conceptual plans as appropriate. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the National City Boulevard Streetscape and Fountain Plaza Promenade Improvements Project, and authorizes the City Engineer to advertise the project for bids. PASSED and ADOPTED this 18th day of July, 2006. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT July 18, 2006 MEETING DATE 37 AGENDA ITEM NO. (-ITEM TITLEResolution of the City Council of the City of National City adopting the report required by Health and Safety Code Section 5473, Et Seq. pertaining to the collection of sewer charges on the tax roll, directing the City Clerk to file said report with the San Diego County Auditor, and directing the Finance Director to certify with the San Diego County Auditor the "Sewer Service Charge Fund", with no increase in rates from 2005-06 to 2006-07 PREPARED BY Joe Smith DEPARTMENT Public Works EXT.4587 EXPLANATION See attached explanation. J ( Environmental Review N/A (Financial Statement N/A MIS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution }s Oz BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Report is on file in the Office of the City Clerk Resolution No. A-200 (Rev. -/03) Explanation: Pursuant to Ordinance No. 2003-2225, the City Council adopted a three-year sewer service fee rate adjustment schedule commensurate with projected Regional wastewater treatment cost increases and elected to have sewer service charges collected on the tax roll, as authorized by California Health and Safety Code Section 5473 et seq. California Health and Safety Code Section 5473 requires a written report to be prepared each year and filed with the City Clerk, which should contain a description of each parcel of real property receiving sewer services, and the amount of the charges for each parcel for the year. California Health and Safety Code Section 5473.4 provides that on or before August 10 of each year, the City Clerk shall file with the County Auditor a copy of the report prepared pursuant to Section 5473 with a statement endorsed on the report over his signature that the report has been adopted by the City Council, and the Auditor shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll. By approving the proposed resolution, the City Council, would for FY 06-07, adopt the report required by California Health and Safety Code Section 5473, direct the report to be kept on file in the Office of the City Clerk, direct the City Clerk to file a copy of the report with the County Auditor, and direct the Finance Director to certify with the San Diego Auditor the establishment of Fund No. 6065-5, which shall be described as "Sewer Service Charge", and that said fund is hereby approved. The City Of National City sewer service fees are monthly flat rates for residential and multi- family usage. For commercial and industrial users, the monthly charges are variable and based on water consumption and on the strength of the sewage they generate (low, medium or high). The table below summarizes the approved rate for FY 06-07, which is the same as the FY 05- 06 rate. National City Sewer Service Rates for FY 06-07 Residential Flat Rates (per month) Single Family Residence Multi -Family Residence Mobile Homes Commercial Variable Rates Suspended Solids/BOD Strength Category Commercial - Commercial - Commercial - Commercial - Commercial - Low Medium Low Medium Medium High High (per HCF) Suspended Solids/BOD Strength Range <200 PPM 201 to 280 PPM 281 to 420 PPM 421 to 660 PPM > 600 PPM FY 2007 Monthly 32.08 25.00 19.50 3.03 3.28 4.09 4.90 6.12 The cost of wastewater collection, transportation and treatment has increased dramatically over the past three years. Fortunately, the sewer service rate plan adopted by the City Council in 2003 provided adequate revenues to cover these costs and those of the NPDES permit compliance activities necessary to eliminate the amount of urban run-off pollution that enters our storm drain system without the need to increase this fee for next year. Currently, the METRO Wastewater Joint Power Authority, the Agency that operates, maintains and administers the regional facilities that transport, treat and dispose of the area's effluent is working on a comprehensive cost allocation study, which may substantially increase the rates paid by its member Agencies. The City Of National City, as a member Agency and interested party, is actively working with METRO staff to assure the increase, if any, is justifiable and fair to all member Agencies. Staff will keep you informed regarding this potentially significant issue as the study progresses. RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE REPORT REQUIRED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 5473, ET SEQ. PERTAINING TO COLLECTION OF SEWER SERVICE CHARGES ON THE TAX ROLL, DIRECTING THE CITY CLERK TO FILE SAID REPORT WITH THE SAN DIEGO COUNTY AUDITOR, AND DIRECTING THE FINANCE DIRECTOR TO CERTIFY WITH THE SAN DIEGO COUNTY AUDITOR THE "SEWER SERVICE CHARGE FUND" WHEREAS, pursuant to Ordinance No. 2003-2225, the City Council adopted a three-year sewer service fee rate adjustment schedule commensurate with projected regional wastewater treatment cost increases, and elected to have sewer service charges collected on the tax roll, as authorized by California Health and Safety Code Section 5473 et seq.; and WHEREAS, California Health and Safety Code Section 5473 requires a report to be prepared each year and filed with the City Clerk, which report shall contain a description of each parcel of real property receiving sewer service and the amount of the sewer service charges for each parcel for the year; and WHEREAS, California Health and Safety Code Section 5473.4 provides that on or before August 10 of each year, the City Clerk shall file with the Auditor a copy of the report prepared pursuant to Section 5473 with a statement endorsed on the report over his signature that the report has been adopted by the City Council, and the Auditor shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll. NOW, THEREFORE, BE IT RESOLVED that for FY 2006-2007 the City Council of the City of National City hereby adopts the Report required by California Health and Safety Code Section 5473, et seq., directs that said report be kept on file in the Office of the City Clerk, and directs the City Clerk to file with the San Diego County Auditor a copy of the Report, with a statement that the Report has been adopted by the City Council. BE IT FURTHER RESOLVED that the Finance Director is hereby directed to certify with the San Diego County Auditor the establishment of Fund No. 6065-5, which shall be described as "Sewer Service Charge", and that said fund is hereby approved. PASSED and ADOPTED this 18th day of July, 2006. ATTEST: Michael Della, City Clerk Nick lnzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT 07/18/06 AGENDA ITEM NO. 38 ITEM TITLE Resolution of the City Council of the City of National City Authorizing the Approval of the 2005-2006 Weed Abatement Public Hearing Findings, Continuance from June 20, 2006 City Council Meeting PREPARED BY DEPARTMENT Donald Condon, Fire EXPLANATION Battalion Chief 336-4550 In accordance with National City Municipal Code, 1.36.100, the City Council shall consider the Weed Abatement Report and Account together with any objections or protests by any parties interested in same. At the conclusion of the hearing, the City Council shall by resolution either approve the Report and Account as submitted, or as modified or corrected by the City Council. The amounts so approved shall be liens upon the respective lots or premises. In accordance with National City Municipal Code, 1.36.110, a copy of the resolution required by Section l .36.100 shall be served on the responsible person, pursuant to the procedures set forth in Section 1.36.030 not later than fifteen days after the date of adoption of such resolution. This is the second public hearing regarding this matter. This public hearing is to address the property at parcel number 564 401 0700 00, which was pulled from the Report and Account on June 20, 2006 for staff review. (-Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Adopt City Council Resolution Confirming 2005-2006 Weed Abatement Public Hearing Report and Account. BOARD / COMMISSION RECOMMENDATION N/A ATTACK MENNNTS ( Listed 'Below ) 1. Fixed Charge Special Assessments 2006-2007. 2. Summary Report of Abated Properties. 3. Resolution. Resolution No. .-too (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING ASSESSMENT OF COSTS OF WEED ABATEMENT FOR FY 2005/2006 WHEREAS, the Chief of the Fire Department has heretofore filed in the office of the City Clerk of National City an assessment attached hereto as Exhibit "A" for the certain weed abatement work in said City done under and pursuant to National City Ordinance No. • 2081, adopted by the City Council on September 27, 1994; and WHEREAS, after the filing of said assessment the City Clerk has, as required by said ordinance, given notice of the filing of said assessment and of the time fixed in said notice for hearing by the City Council and an affidavit of posting of such notice has been made, and is on file in the office of the City Clerk; and WHEREAS, at the time and place fixed in such notice, to -wit, June 20, 2006, a hearing was fully held by this City Council at which all written appeals, protests or objections, if any, were duly presented and read, and all persons desiring to be heard thereon were heard, and this City Council gave all persons present an opportunity to be heard in respect to any matter relating to said work, to any act or determination of the Chief of the Fire Department, or to any matter relating to said work or the assessment or the proceedings, therefore; and WHEREAS, all such persons desiring to be heard have been heard by this City Council and the City Council is fully informed in the premises. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby find, resolve, determine and order as follows: That said hearing has been duly held; that each and every step of the proceeding prior to and including the hearing has been duly and regularly taken; that the City Council is satisfied with the correctness of the assessment, the proceedings and all matters relating thereto, and all protests, objections or appeals be and the same are hereby overruled and denied and the City Council does herby confirm said proceedings and said assessment and that the City Clerk is directed to file with the County Auditor of the County of San Diego, a certified copy of this resolution. PASSED and ADOPTED this 18th day of July, 2006. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael Della, City Clerk George H. Eiser, III City Attorney 557 380 51 00 558 320 07 00 564 401 07 00 Total Parcels: Total Assessrr $2,260.70 $1,345.16 $3,667.56 3 $7,273.42 City of National City Weed Abatement Program 2006/2007 Fixed Charge Special Assessments Plaza Blvd National City 3040 E 20th St National City 91950 3605 Cagle St National City 91950 Barber Agnes 1 Est Of Mellor Alan Weaver Lawrence A „d„ lI8IHX3 2240 El Prado Ave 303 H St #412 3605 Cagle St Lemon Grove Chula Vista National City. CA CA CA 91945 91910 91950 Staff Report Explanation On June 20, 2006, the National City Council issued a continuance for the matter of the weed abatement for 3605 Cagle St. The daughter, Mylinda Jocson, of the property owner brought attention to City Council that she was not notified of the said abatement. Promptly during the Council Meeting, Battalion Chief Donald Condon was able to provide copies of all the notices and correspondence to Ms. Jocson to ensure her of our past efforts. The Council should be advised that Lawrence Weaver was the registered property owner for the duration of the abatement process for 3605 Cagle St. All interaction was between the City and Mr. Weaver. Subsequent to the abatement, Mr. Weaver died on January 23, 2006. It was apparent that Mr. Weaver did not notify or advised his daughter regarding this abatement that has resulted in her initial misunderstanding. Notification was provided to Mr. Weaver as follows: 5-30-2005 Notice sent for violation 6-23-2005 Administrative Citation issued 7-27-2005 Code Officer Gil contacted property owner at residence, verbal notice 8-1-2005 2nd Administrative Citation issued 8-11-2005 Code Officer Gil contacted property owner at residence, verbal notice 9-6-2005 Declaration of Public Nuisance and Notice to Abate Public Nuisance sent 11-3-2005 Abatement Conducted Recommendation Mr. Weaver's daughter, Ms. Mylinda Jocson, currently is caring for the property and is attempting to address her father's past matters; however, the work was conducted and the cost recovery is needed. Additionally at the time of the Council Meeting, Staff had Ms. Jocson attempted to communicate with Fire Prevention Services if she could initiate a payment plan. It should be noted that if the City waives the fee, the City would sustain responsibility for the cost. It is recommended the City Council by resolution approve the Report and Account as submitted or as modified or corrected by the City Council. SUMMARY REPORT FOR APN 564-401-07-00 05/30/05 Courtesy notice issued and mailed by National City Code Enforcement. 06/23/05 Administrative citation issued by National City Code Enforcement . 08/01/05 Administrative citation issued by National City Code Enforcement . 09/06/05 Notice to abate issued by National City Code Enforcement . 10/17/05 Final inspection performed, property found to be in violation. 10/20/05 Verified ownership information with County of San Diego. 10/20/05 Work order authorization signed by City Official. 11/07/05 F.P.S.I. crews abated the property. 11/30/05 Received bill from EDCO for services. 12/08/05 The owner was mailed a bill. 12/29/05 The owner was mailed a final bill. 01/18/06 A Notice of Abatement was filed on the property. The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. a, CITY OF NATIONAL CITY Code Conformance Program 1243 National City Blvd. National City, CA 91950-4397 Phone: (619) 336-4314 or (619) 336-4210 Fax: (619) 336-4217 Courtesy Notice May 30, 2005 Lawernce Weaver 3605 Cagle St. National City, CA 91950 Dear Mr. Weaver, It has been brought to our attention that there exist on your property a violation of the National City Municipal Code. The violation constitute public nuisance. The following violation was noted: weeds on you property at 3605 Cagle St. in National City, CA 91950. -orrect this situation no later than June 21, 2005, since it constitutes :ng NationaI City Municipal Codes: sections 9.12.020 — the need cut & remove all the weeds, clean and maintain ayG' My aodations can result in administrative citations with a fine ranging aY station to $500 for succeeding citations, plus a $50 re -inspection ,perty is re -inspected and correction has not occurred. Other �f>' .) abatement action by the city, for which you will be charged the �C mn plus overhead and a lien placed on your property; 2) criminal $1000 fine and 6 months imprisonment for each violation or count; 3) notice of public nuisance against the property; and 4), other action Municipal and Civil Code that will correct the violations, the costs of charged back to you and the property. ,iote that these are continuing violations, and each day the situation continues .utes a separate offense, with separate penalties. Please give this your immediate attention. You may contact me directly if you have any questions. Sincerely, SALVADOR GIL Code Conformance Officer (619) 336-4317 S CITY OF NATIONAL CITY Code Conformance 1243 National City Blvd. National City, CA 91950-4397 Phone: (619) 336-4210 Fax: (619) 336-4217 DECLARATION OF PUBLIC NUISANCE AND NOTICE TO ABATE PUBLIC NUISANCE September 6, 2005 To: Lawernce A. Weaver and all MORTGAGEES Re: 3605 Cagle St. National City CA 91950 Assessor Parcel Number (APN): 564 401 07 00 Dear Mr. Weaver and [mortgagee]: The property located at 3605 Cagle St., National City, CA 91950 (Assessor's Parcel# 564 401 07 00) is in violation of law and is declared a Public Nuisance. According to our records, you are the owner (and Mortgagee) of that property. The property was inspected on 8/16/05, and the following [attached] violations of State and Municipal codes were observed. 9.12.020 (a)(b)(e) -- Public nuisance declared --Weeds and other flammable materials. 7.12.020 Accumulation deemed public nuisance. 7.12.030 Accumulation of junk prohibited. This property is also in violation of 1.36.010 (F) of the National City Municipal Code (NCMC), maintaining a public nuisance. If you elect to clean up the property, you must immediately contact the undersigned and, within those thirty (14) days, "a reasonable and feasible schedule for expeditious clean up"will he established for correction of the violations and avoidance of further action. NOTE: PROCEDINGS INITIATED BY THE CITY MAY INCLUDE CRIMINAL, CIVIL OR ADMINISTRATIVE ACTIONS, OR ANY COMBINATION. ATTACHED IS A LIST OF THE VARIOUS ACTIONS AND COSTS THAT WILL BE CHARGED. Please be advised that any person having any record title or legal interest in the building may appeal this Notice to Abate Public Nuisance or any action of the building official to the Advisory and Appeals Board, provided the appeal is made in writing within ten (10) days of the date of this Notice to Abate Public Nuisance and is accompanied by the $1721 appeal filing fee. The appeal must contain the name, address, and telephone number of the appellant and a statement of the act, decision, or interpretation being appealed. The City is desirous of achieving voluntary compliance and trusts that this Notice to Abate Public Nuisance will be sufficient to cause corrective action on your part thereby avoiding legal action. Should you have any questions or require additional assistance or clarification, please do not hesitate to contact the undersigned at the Building and Safety Department. If, however, you fail to comply with this notice, the public nuisance will be abated and you will be subject to criminal and civil action initiated by the City Attorney, and you will be charged for all costs of abatement. Sincerely, Salvador Gil Code Enforcement Officer (619) 336-4317 CC: City Attorney 'ssalp4 ewQu Snob luud asaald SapuaS . Xt Slt1i U� y rd1Z pus 503 S3id1S a3��l 37tnb3S yyi plate Stems 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired Print your name and address on the reverse so that a can return the card to you. I Attach : is card to the back of the maitpiece, or on r e front if space permits_ Addressed to: .r�4./P4-toiu c Cr7 C n 4057-) Form 381 i, February 2004 CO'1 L TETHISSECTI0PlOPFDELiYc'RY Sigrratu e x ,edAgat acdrsesee st —�..�. v�s7L7r7f� Ill a D. la delivery address dltermt frm ❑ f YES, enter deriver}, address below: 3. Service Type itr-Cerfiied +.Sail ❑ F2ugSntaecl O Return Eeturo Marl ❑ Receipt hn "thertdiso C.O.D. Fiestrfctest Dayve 3e1(Extra Feel a caroguatu etk,r,g7199 Dec datum Receipt ra_cz4.e-1540 hlIO 1VNOIldN -u 564-401-07-00 10/17/05 Final Inspection 564-401-07-00 10/17/05 Final Inspection (0 564-401-07-00 10/17/05 Final Inspection 564-401-07-00 10/17/05 Final Inspection I0- 564-401-07-00 10/17/05 Final Inspection i3 564-401-07-00 10/17/05 Final Inspection 564-401-07-00 10/17/05 Final Inspection 564-401-07-00 10/17/05 Final Inspection 564-401-07-00 10/17/05 Final Inspection /7 564-401-07-00 10/17/05 Final Inspection ic 564-401-07-00 10/17/05 Final Inspection 17 564-401-07-00 10/17/05 Final Inspection CITY OF NATIONAL CITY FIRE DEP ARI vIENT 333 E. 160 St.: NATIONAL CITY, CA. 91950-4596 WORK ORDER AUTHORIZATION Authorization # 1455 Owner: Weaver Lawrence A Address: 3605 Cagle St National City, CA 91950 Parcel #564 401 07 00 Authorized by: ,'� Date: Signature: 7i�r WHEN SIGNED THIS DOCUMENT ALLOWS RIGHT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVAL. Job location:3605 Cagle St National City 91950 METHOD OF CLEARING Entire Parcel Fire Break Hand Cutting:q-15g• ft. Removal: SO cu. yds. s Tractor Mowing: sq. ft. Discing: sq. ft. Crew Type: ayr, tO {pi) Type: fiend Type: Type: CREW INFORMATION Date II�3I� uloln Notes: Please clear the entire ro erty of all_weeds, dead vegetation, trash, debris and arundo- Ailey of dead vegetation and debris must be removed from the rp ol�erty. R.f MAP 4805 - SWEETWATE ','ork space for diagrams and amount of work done 1 «n i H 2.7 5 Tractor Sq. Ft.: Total Removal Cu, Yds.: 0 a r`Cd0A 2_5 = 2 0 r i �� s ��� 01%�-5 0) 60 b i 5 f705 F\'- Q5 1 564-401-07-00 11/07/05 Before Abatement 564-401-07-00 11/07/05 Before Abatement 564-401-07-00 11/07/05 Before Abatement 564-401-07-00 11/07/05 During Abatement 564-401-07-00 11/07/05 During Abatement 564-401-07-00 11/07/05 During Abatement 564-401-07-00 11/07/05 During Abatement 564-401-07-00 11/07/05 After Abatement 564-401-07-00 11/07/05 After Abatement 3�- 564-401-07-00 11/07/05 After Abatement Fire reve tio Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 401-1863 : fax (619) 445-6336 12/8/2005 Weaver Lawrence A 3605 Cagle St National City, CA 91950 Parcel # 564 401 07 00 Location: 3605 Cagle St National City 91950 Dear Weaver Lawrence A, This letter is to inform you that the Public Nuisance on the above referenced property was abated pursuant to a prior Notice to Abate and order of the City of National City. Fire Prevention Services was contracted by the City of National City to help reduce Public Nuisances and potential fire violations thus improving the safety of its citizens. The abatement work on your property was performed as mandated by The National City Municipal Code Chapter 1.36. The charges thus far total $2,957.00. You will incur no further costs if this amount is paid within fifteen (15) days of the date of this notice. Failure to pay this bill may result in the filing of an abatement lien upon your property. Please make your check payable to Fire Prevention Services and include the Parcel # 564 401 07 00 on the check. If you have any questions please call us direct at 619-401-1863. Sincerely, Fire Prevention Services, Inc. NATIONAL CITY SCHEDULE OF FEES Tractor Mowing per parcel, sized 1 to 7,500 square feet $200.00 per parcel, sized 7,501 to 15,000 square feet $275.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $375.00 D. per parcel, sized30,001 square feet to one acre $425.00 E. per square foot over one acre $ 0.015 Discing A. per parcel, sized 1 to 7,500 square feet $250.00 B. per parcel, sized 7,501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. per square foot over one acre $ 0.018 quantity sub total Hand Labor A. per square foot of area abated $ 0.08 275 22.00 Dozer Operation A. hourly rate B. move -on fee $ 95.00 $ 95.00 bris Remediation (includes hauling, burning, and/or chipping) A. per cubic yard of material $28.00 X 80 2,240.00 B. dump fees (reimbursement of cost) 445.00 445.00 Excavator with Brush Cutting Machine A. per square foot of area abated ($250.00 minimum) $ 0.08 Administrative Fee (forced abatement only) A. per parcel $250.00 1 250.00 Attorney Services (when required) A. per parcel Statutory Miscellaneous Fees A. special inspection fee B. abatement lien C. release of abatement lien D. public notary file duplication fee unscheduled labor G. unscheduled fees (per man hour) $50.00 $40.00 $40.00 $10.00 $50.00 $50.00 (reimbursement of cost) FILE # 1 455 APN # 564-401-07-00 TOTAL $ 2.957.00 35- v ention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 401-1863 : fax (619) 445-6336 Final Bill 12/29/2005 Weaver Lawrence A 3605 Cagle St National City, CA 91950 Ref: Parcel # 564 401 07 00 Dear Weaver Lawrence A, c_puy This is a reminder of the letter we sent you on 12/8/2005 and we have not received payment in the amount of $2,957:00 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law, costs for such action will be added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 564 401 07 00 on the check. • Should you need to discuss this matter you may contact us at (619) 401-1863. Sincerely, Fire Prevention Services, Inc. 36 RECORDING REQUESTED BY Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 (619) 562-1058 fax (619) 445-6336 AND WLIEN RECORDED MAIL, TO Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 DOC # 2006-OO89548 111111 111111 II 1,11 FEB 07, 2006 10:21 AM UFFICIP.L RECORD' S .N DIEGO COUNTY RECORDER'S OFFICE GREGORYJ. SMITH, COUNTY RECORDER FEES: 0 ['0 PAGES: 1111111111111111111i1111111111 NOTICE OF ABATEMENT 11 1111 11 11 11 11 111 TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN DESCRIBED PROPERTY WHEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exist, and WHEREAS such violation was ordered abated on 10/21/2005, and WHEREAS representatives of the National City Fire Department abated the violation(s) on 11/7/2005, and WHEREAS the charge for such abatement amounted to $3,007.00; THEREFORE be it known that an abatement obligation exists on the property regardless of owner until paid. The current owner of the property is Weaver Lawrence A at 3605 Cagle. St, National City, CA 91950 described as follows: APN 11564 401 07 00 ADDRESS: 3605 Cagle St National City 91950 LEGAL DESCRIPTION: Sweetwater Heights Lot 106 This abatement obligation shall attach to the property, not the owner, and after confirmation by the City Council shall become a special assessment on the property tax bill. If not paid pursuant to State Law and State Tax Lien Law, the property may be sold to satisfy that obligation. The amount of such claim shall be $3,007.00 plus interest and other costs which may hereafter become due. This filing does not preclude the filing of legal action for collection. Should such actions_beirequired or determined to be appropriate, reasonable legal fees will be incurred and added to said obligation. � DATED: January 18, 2006 State of California County of San Diego BY: Ken Osborn, Fire PreventionServices, Inc., Designee for National City Fire Department Certificate Of Acknowledgement On January 18, 2006 before me, Penny Hedgecoth, a Notary Public for the State of California, personally appeared Ken Osborn, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he has executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. --pSignature (Seal) PENNY HEDGECOTH Commission # 1532413 Notary Pubic - California San Diego Couniy IA, Comm. Expires Dec 6, 2003 37 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 18, 2006 39 AGENDA ITEM NO. 7-ITEM TITLE Resolution of the City of National City adopting the 2006 Regional Transportation Improvement Program (RTIP) for National City. PREPARED BY EXPLANATION Alberto Griego DEPARTMENT Engineering EXT. 4386 The current RTIP will be adopted by SANDAG on August 4, 2006 and covers the five-year period Fiscal Years 2006 through 2011. Prior to the SANDAG action, each member agency is required to adopt a Resolution stating its respecting five-year program of RTIP project. A new adopted RTIP by the City of National City is required for these fiscal years prior to adoption of the agencies five-year program by SANDAG. The attached 2006 RTIP and TransNet Project List is National City's Five- year program of proposed major Capital Improvement Projects. Please note that we are omitting Fiscal Year 09, Fiscal Year 10, Fiscal Year 11, at this time. This is due to the new TransNet Ordinance being very restricting and requiring all work be called out with specificity. We are not ready to do so at this time as priorities may change. Since updates occur every two years we will have a better idea next update. ( Environmental Review Financial Statement N/A STAFF RECOMMENDATION Adopt the Resolution. X N/A BOARD / COMMISSION RECOMMENDATION ..� N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. 2006 RTIP and TransNet Project List adoption MIS Approval Approved By: Finance Director Account No. Resolution No. A-200 (Rev. 7/03) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE FIVE-YEAR REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM AND TRANSNET PROJECTS FOR FISCAL YEARS 2006 THROUGH 2011 WHEREAS, on November 3, 1987, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan ("RTIP") (87- 01); and WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (04-014; and WHEREAS, both Ordinances provide that SANDAG, acting as the Regional Transportation Commission, shall approve a multi -year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TransNet) funds; and WHEREAS, the City of National City was provided with an estimate of annual TransNet local street and road revenues for fiscal years 2006 through 2011; and WHEREAS, on July 18, 2006, the City of National City held a public hearing in accordance with Section 5(a) of both odinances. NOW, THEREFORE, BE IT RESOLVED that pursuant to Section 8 of both TransNet Ordinances, the City Council of the City of National City certifies that the required minimum annual level of local discretionary funds to be expended for street and road purposes will be met throughout the five-year period consistent with Maintenance of Effort Requirements adopted by the SANDAG Commission on June 24, 1988 and on May 28, 2004. BE IT FURTHER RESOLVED that pursuant to Section 9 of the TransNet Ordinance, the City of National City certifies that TransNet funds programmed in the attached Five-year Program of Projects do not replace private developer funding which has been or will be committed for any project. BE IT FURTHER RESOLVED that pursuant to Section 9a of the TransNet Extension Ordinance, effective Fiscal Year 2009, the City of National City certifies that the agency will extract $2,000 from the private sector for each newly constructed residential housing unit in that jurisdiction to the Regional Transportation Congestion Improvement Program (" RTC I P"). BE IT FURTHER RESOLVED that pursuant to Section 16 of the TransNet Ordinance 87-01 and Section 18 of Ordinance 04-01, the City of National City certifies that each project of $250,000 or more willbe clearly designated during construction with TransNet project funding identification signs. Resolution No. 2006 — July 18, 2006 Page 2 BE IT FURTHER RESOLVED that the City of National City does hereby certify that all other applicable provisions of the TransNet Ordinances 87-01 and 04-01 have been met. BE IT FURTHER RESOLVED that the City of National City agrees to hold harmless and defend the SANDAG Commission against challenges related to local TransNet funded projects. PASSED and ADOPTED this 18th day of July, 2006. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney DRAFT 2006 Regional Transportation Improvement Program San Diego Region (in $000s) National City, City of MPO ID: NC01 Capacity Status: CI TITLE: Plaza Blvd Widening DESCRIPTION: From Highland Ave. to Euclid Ave. - widen from 2 to 3 lanes RTIP #: 06-00 TOTAL PRIOR 06/07 07/08 08/09 09/10 10/11 PE RW CON RSTP TransNet -L $2,000 $1,092 $2,000 $766 $200 $126 $708 $247 $1,292 $265 $580 TOTAL $3,092 $2,766 $200 $126 $955 $1,557 $580 MPO ID: NC03 Capacity Status: NCI RTIP #: 06-00 TITLE: Street Resurfacing Project Exempt Category: Safety - Pavement resurfacing and/or rehabilitation. DESCRIPTION: Various locations - construct and overlay streets TOTAL PRIOR 06/07 07/08 08/09 09/10 10/11 PE RW CON Local Funds $3,514 $2,966 $271 $277 $3,514 TransNet -L $6,180 $4,856 $618 $706 $6,180 TOTAL $9,694 $7,822 $889 $983 $9,694 MPO ID: NC04 Capacity Status: NCI TITLE: Traffic Signal Install/Upgrade Exempt Category: Other - Intersection signalization projects. DESCRIPTION: Install and/or upgrade traffic signals RTIP #: 06-00 TOTAL PRIOR 06/07 07/08 08/09 09/10 10/11 PE RW CON Local Funds TransNet -L $50 $675 $50 $425 $125 $125 $50 $675 TOTAL $725 $475 $125 $125 $725 Page 31 Thursday, April 27, 2006 57 City of National City, California COUNCIL AGENDA STATEMENT 40 MEETING DATES July 18, 2006 AGENDA ITEM NO. ITEM TITLE SOLUTION TO PARTNER WITH SUPERVISOR COX TO PROVIDE AUTOMATED EXTERNAL DEFIBRILLATORS (AED'S) IN EACH OF THE SCHOOLS IN NATIONAL CITY BY MATCHING CONTRIBUTION OF $500 PER SCHOOL FOR A TOTAL MATCH OF $6,500. (THIS EXPENDITURE WILL COME FROM THE NEW CONTRACT WITH AMERICAN MEDICAL RESPONSE AMBULANCE SERVICE, INC.) PREPARED BY Lin Wurbs DEPARTMENT Asst. City Manager City Manager EXPLANATION See attached letter. Environmental Review ✓ N/A Financial Statement This expenditure qualifies to be paid from the AMR Contract Equipment Fund. (EMT-D Fund) Account No. ' 34-412-000-355 STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Letter from Supervisor Cox Resolution A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO PARTNER WITH COUNTY SUPERVISOR GREG COX TO PROVIDE AUTOMATED EXTERNAL DEFIBRILLATORS IN EACH OF THE SCHOOLS IN NATIONAL CITY BY MATCHING CONTRIBUTIONS OF $500 PER SCHOOL FOR A TOTAL MATCH OF $6,500 WHEREAS, sudden cardiac arrest is a leading cause of death in the United States today; and WHEREAS, in 2001, San Diego Project Heartbeat began a process of deploying Automated External Defibrillators (AED's) throughout the County; and WHEREAS, San Diego County Supervisor Greg Cox has partnered with Project Heartbeat and Cardiac Science to purchase 150 AED's at a greatly reduced price; and WHEREAS, Supervisor Cox has committed $100,000 toward placing an AED in every South County school and would like to partner with the cities in his district to cover the remaining costs; and WHEREAS, National City School District Superintendent George Cameron has pledged $500 for each school in his district, at total of $5,000, and Interim Superintendent Bruce Hussen has indicated that the Sweetwater Union School District will be providing $500 for each of the two middle schools and one high school in National City; and WHEREAS, Supervisor Cox has requested that the City match the school districts' contribution of $500 per school for a total match of $6,500. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby partners with San Diego County Supervisor Greg Cox to provide Automated External Defibrillators in each of the schools in National City by matching contributions of $500 per school for a total match of $6,500. PASSED and ADOPTED this 18th day of July, 2006. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney June 19, 2006 The Honorable Nick Inzunza Mayor of National City 1243 National City Boulevard National City, CA 91950 Dear Mayor Inzunza, As you may know, sudden cardiac arrest is a leading cause of death in the United States today. San Diego is no different. Fortunately, beginning in 2001 San Diego Project Heartbeat began a process of deploying Automated External Defibrillators (AEDs) throughout the County. As a result, more than 35 lives have been saved. This project has been a tremendous success but I feel that we can and should do more. To this end, I would like to place an AED in all 108 schools of the National, South Bay Union, Chula Vista Elementary, Sweetwater Union, Coronado Unified and San Ysidro school districts. This includes all 13 schools in National City. In addition to the many children, teachers and staff in school during the day, these sites often serve as community gathering places for special events, sports, meetings and other neighborhood needs. An AED at a school can save the life of anyone in the community. To undertake this important project I have partnered with Project Heartbeat and Cardiac Science to purchase 150 AEDs at a greatly reduced price. 1 have committed $100,000 toward placing an AED in every South County school and would like to partner with the cities in my district to cover the rest. National School District Superintendent George Cameron has pledged $500 for each school in his district, a total of $5,000. Additionally, Interim Superintendent Bruce Hussen has indicated that the Sweetwater Union School District will be providing $500 for the two middle schools and one high school in National City. I am hopeful that National City will consider a $6,500 contribution to match those of its school districts. Together we can work to save lives in our community. If you have and questions feel free to call me at (619) 531-5511. Sincerely, GREG COX Supervisor, First District cc. City Council City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 18, 2006 AGENDA ITEM NO. 41 ITEM TITLE Notice of Decision — Planning Commission Approval of a Conditional Use Permit for the Modification of CUP-2004-11 to Allow the Sale of Distilled Spirits at Ben's 1615 Restaurant at 1615 Sweetwater Road (Applicant: Benjamin O. Camacho) (Caseh�File M1-CUP-2004-11) PREPARED BY Martin Feeder, 336-4310 DEPARTMENT Planning EXPLANATION A Conditional Use Permit, approved in June 2004 (CUP-2004-11), allowed beer and wine sales and karaoke both upstairs and downstairs in an existing restaurant (Old Recipes Restaurant). The name of the restaurant has since been changed to Ben's 1615 Restaurant. The applicant is requesting an amendment to their Alcohol licenses for Ben's 1615 Restaurant to include the sale of distilled spirits (Type 47 — On Sale General for Bona Fide Public Eating Place). The restaurant is currently still licensed for the sale of beer and wine (Type 41 — On Sale Beer and Wine for Bona Fide Public Eating Place). Due to the physical separation of the upstairs and downstairs portions of the restaurant, there are two separate alcohol licenses for this property. A condition of approval on the original CUP requires that both licenses be held by the same person. This condition still applies. Staff contacted the Department of Alcoholic Beverage Control for information regarding the applicant's track record. ABC records indicated that Ben's 1615 have had their license at the current location since August 2004, and that they have a history of compliance, with no violations. The Police Department has stated that they are not in favor of the addition of distilled spirits to the menu. They have based their recommendation on the fact that over -saturation of alcohol establishments is an issue for the area, that the applicant has not shown there to be any public convenience or necessity, and that there is a lack of time since the first granting of the CUP to establish a notable history of a well managed, violation free establishment. The Planning Commission held a hearing on this application on July 3, 2006. Frank Lopez of the Alcohol, Tobacco and Other Drugs Taskforce spoke in opposition to the proposal citing the high concentration of alcohol establishments in the area and that alcohol could be sold without food. Commissioners discussed the history of alcohol sales at this location and voted to approve the CUP based on the attached findings. Environmental Review N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the Planning Commission and Recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION Fer The Planning Commission approved the Conditional Use Permit. • Ayes — Carrillo, Alvarado, Baca, DeLaPaz Nays: Pruitt, Flores, Reynolds ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution 21-2006 2. Location Map Resolution No. 3. Site Photos A-200 (9/99) RESOLUTION NO. 21-2006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE MODIFICATION OF CUP-2004-11 TO ALLOW THE SALE OF DISTILLED SPIRITS AT BEN'S 1615 RESTAURANT AT 1615 SWEETWATER ROAD APPLICANT: BENJAMIN CAMACHO CASE FILE NO. MI-CUP-2004-11 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for the modification of CUP-2004-11 to allow the sale of distilled spirits at Ben's 1615 Restaurant at 1615 Sweetwater Road at a duly advertised public hearing held on July 3, 2006, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. M1-CUP-2004-11, maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on July 3, 2006, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the addition of distilled spirits sales for on -site consumption will be in an existing restaurant permitted for beer and wine sales, at Sweetwater Medical Plaza, as shown on submitted plans. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the restaurant is existing and the proposal will not substantially affect traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the restaurant is existing, is currently permitted for beer and wine sales, and is located in a developed commercial area. 4. That the proposed use is deemed desirable to the public convenience and welfare, since the sale of distilled spirits will increase services offered by the restaurant, resulting in enhanced service for its customers. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the sale of distilled spirits for on -site consumption at Ben's 1615 Restaurant. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. M 1-CUP- 2004-11, dated 5/23/2006. 2. The sale and consumption of all alcohol products shall be limited to indoor restaurant areas and is prohibited in the patio area. 3. The separate ABC licenses issued for the first and second floor areas shall be held by the same entity (person or business). 4. Karaoke is permitted inside the building only and is prohibited in the patio. 5. No coin operated amusement devices shall be operated on the licensed premises. 6. Permittee shall comply with all regulatory provisions of the Business and Professions Code, section 25600 through 25667, currently in effect or as may be amended, regarding sales, displays and marketing or merchandising of alcoholic beverages. 7. The sale of alcohol shall be prohibited after 10:00 p.m. and before 7:00 a.m. except on Fridays, when it shall be prohibited after 11:00 p.m. and before 7:00 a.m. 8. All persons who will be serving alcoholic beverages shall receive L.E.A.D. (Licensee Education on Alcohol and Drugs) training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control or Responsible Hospitality Coalition. 9. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 10. The applicant shall obtain a Police permit as specified in Chapter 10.78 of the Municipal Code for any live entertainment event. 11. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 12. 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. 13. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of July 3, 2006, by the following vote: AYES: Carrillo, Alvarado, Baca, DeLaPaz NAYS: Flores, Pruitt, Reynolds ABSENT: ABSTAIN: CHAIRWOMAN SWEETWATER MEDICAL PLAZA CITY BOUNDARY ZONE BOUNDARY LOCATION MAP M1-CUP-2004-11 Conditional Use Permit for the Modification of CUP-2004-11 to Allow the Sale of Distilled Spirits at Ben's 1615 Restaurant at 1615 Sweetwater Road NATIONAL CITY PLANNING DRN. DATE: 6/14/06 INITIAL HEARING: 7/3/06 Ben's 1615 Restaurant - West elevation Front patio External stairway to second level Patio area on north side of building Single-family residential to North on Grove Street General Commercial to East General Commercial to South -.iiafa�pn rnpipl�l"r,'G+; i'i National City Golf Course to West City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 18, 2006 AGENDA ITEM NO. 42 (-ITEM TITLE Report on National City Municipal Golf Course Audit Conducted by MBIA MuniServices Company Leslie Deese -�� Community Services PREPARED BY Phone: (619) 336-4242 DEPARTMENT EXPLANATION Please see attached Report 1 Environmental Review Financial Statement N/A X N/A Account No. STAFF RECOMMENDATION Accept Audit BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 1. Staff Report 2. MBIA Report of May 18, 2006 - Review of the National City Golf Course A-200 (9/80) Report on National City Municipal Golf Course Audit Conducted by MBIA MuniServices Company (MBIA) In September 2005, the City retained the services of MBIA MuniServices Company to provide outside audit and consulting services for the National City Municipal Golf Course. This report provides a brief summary of the audit's purpose and results. The consultant's review and audit findings are attached as Exhibit 1. Audit Purpose The purpose of the audit was to provide: (1) An audit of gross sales; and (2) Gross revenue enhancement services. The first task addressed the revenue from the golf course to determine if the terms of the City's lease with the American Golf Corporation are being met. The second task addressed the City's desire to increase gross revenues from the golf course. The findings have been presented under two sections: Task 1 — Review of Gross Revenues A review of American Golf's gross sales was performed for calendar years 2002, 2003 and 2004 and reviewed and tested internal controls over selected golf operations including green fees, cart rentals, driving range fees, food and beverage sales, pro shop sales, and tournament revenues; and compared gross revenues to American Golf's internal financial reports. Task 2 — Gross Revenue Enhancement Services A review was performed of current green fees and other charges, such as cart fees and club rentals for comparable public golf courses in San Diego County; reviewed 2004 food and beverage and merchandise sales and costs of sales, and compared them to 2004 averages provided by the National Golf Foundation; reviewed facilities and equipment; reviewed American Golf's marketing plan; and reviewed internal controls over receipts and disbursements. Audit Recommendations The audit report recommends the following Institute cash register controls; Institute start sheet controls; Create an Annual Plan that includes a written marketing plan with definable goals; Improve maintenance with signage, fencing, landscaping and grounds. Overall, the golf course audit has indicated that there are various areas where improvements can be made to enhance the operations and future revenue stream of the golf course. Several of these improvements are already being undertaken by American Golf. 1 MBIA MLTNISERVICES COMPANY REPORT ON REVIEW OF THE NATIONAL CITY GOLF COURSE MAY 18, 2006 DIEHL, EVANS & COMPANY, LLP CERTIFIED PUBLIC ACCOUNTANTS & CONSULTANTS A PARTNERSHIP INCLUDING ACCOUNTANCY CORPORATIONS 2121. ALTON PARKWAY, SUITE 100 IRVINE, CALIFORNIA92606-4956 (949) 399-0600 • FAX (949) 399-0610 www.dichievans.com Cover Letter May 18, 2006 Mr- Randy Dryden Director of Production. MBIA MuniServices Company 7335 N. Palm Bluffs Drive Fresno, CA 93711 Dear Mr. Dryden: MICHAEL R. LUDIN. CPA CRAIG W. SPRAKLR, CPA NfTIN P. PATEL, CPA ROBLTRT I. CALLANAN, CPA *PHILIP H. HULTKAMP, CPA *THOMAS M. PERLOWSKL CPA *HARVEY 1. SCHROEDER. CPA KENNFf1-1 R. AM S, CPA Prt0YGSSIONAI.. CORPORATION We have completed our review of the National City Golf Course. The course, which is located on 80 acres of land owned by the City, is leased to the American Golf Corporation. In accordance with our scope of work, we have presented our findings under two basic sections of this report: Task 1— Agreed -Upon Procedures Review of Gross Revenues A substantial portion of the work on Task 1 was performed by professionals from Diehl, Evans & Company, LLP. We had no significant monetary findings as a result of Task 1. However, we did have a number of procedural findings and recommendations regarding the systems and controls at the golf course. Task 2 — Gross Revenue Enhancement Services The work on Task 2 was performed by MDJ Management Company (MDJ), a golf course management and consulting firm based in Costa Mesa, CA. MDJ consultants noted various areas where improvements can be made to enhance the operations and future revenue stream of the golf course. We thank MBIA and the City of National City for retaining our firm and MDJ for this engagement. Please contact me if you have any questions regarding this report. OTHER OFFICES AT Very truly yours, Diehl, Evans & Company, LLP Bv: a /2 , I r f ®, William S. Morgan, CPA Director of Consulting Services 2965 ROOSEVELT STREET CARLSBAD, CALIFORNIA 92008-2389 (760) 729-2343 • FAX (760) 729-223,. 613 W. VALLEY PARKWAY. SUITE 330 ESCONDIDO, CALIFORNIA 92025-2598 (760) 741-3141 • FAX (760) 741-9890 3 TASK 1 AGREED -UPON PROCEDURES REVIEW OF GROSS REVENUES 4 DIEHL, EVANS & COMPANY, LLP CERTIFIED PUBLIC ACCOUNTANTS & CONSULTANTS A PARTNERSIiIP INCLUDING ACCOUNTANCY CORPORATIONS 212I ALTON PARKWAY, SUITE 100 IRVINE, CALIFORNIA 92606-4956 (949) 399-0600 • FAX (949) 399-0610 www_diehlevans.com INDEPENDENT ACCOUNTANTS' REPORT ON AGREED -UPON PROCEDURES REVIEW May 18, 2006 Ms. Leslie Deese Community Services Department City of National City 1243 National City Boulevard National City, CA 91950 Dear Ms. Deese: MICHAEL R. I..UDIN. CPA CRAKi W. SPRAKER, CPA NITIN P. PATEL, CPA ROHERT I. CALLANAN. CPA •P(l1L1P 41. HOLTKAMP, CPA •THOMAS M. PERLOWSKI, CPA `HARVEY S. SCI(ROEDER. CPA ICENNETH R. AMES. CPA •A PROIWWSSlONA7. CORPORATION We have performed the procedures enumerated herein on page 2, which were agreed to by the City of National City (City) solely to assist the City in verifying the gross revenues and related rent payments reported to the City by American Golf Corporation for the three calendar years 2002, 2003 and 2004. This agreed -upon procedures engagement was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. The sufficiency of the procedures is solely the responsibility of the City. Consequently, we make no representation regarding the sufficiency of the procedures described herein either for the purpose for which this report has been requested or for any other purpose. Our summary of findings and recommendations is included herein on pages 3 and 4. We were not engaged to, and did not conduct, an examination, the objective of which would be the expression of an opinion on the gross revenues and related rent payments reported to the City by American Golf Corporation for the three calendar years 2002, 2003 and 2004. Accordingly, we do not express such an opinion. Had we performed additionalprocedures, other matters might have come to our attention that would have been reported to the City. This report is intended solely for the information and use of MBIA Muniservices Company (MBIA) and the City, and is not intended to be and should not be used by anyone other than MBIA and the City. OTHER OFFICES AT; -1- 2965 ROOSEVELT STREET CARLSBAD, CALIFORNIA 92008-2369 (760) 729-2343 • FAX 1760) 729.234 613 W. VALLEY PARKWAY, SUITE 330 ESCONDIDO, CALIFORNIA 92025-2598 (760) 741-3141 • FAX (760) 7a1-9890 5 SUMMARY OF PROCEDURES In connection with this engagement, we performed the following agreed -upon procedures for the three calendar years 2002, 2003 and 2004: 1. We reviewed and tested the internal controls over golf operations relating to gross revenues, including green fees, cart rentals, driving range fees, food and beverage sales, pro shop sales and tournament revenues. 2. For three months selected at random (March 2002, September 2003 and December 2004), we selected five days within each month and performed the following tests on the transactions: a. We traced the cash receipts for the day to bank statements, cash register tapes (where applicable) and to original sales documents, and then agreed the numbers to the American Golf Corporation (AGC) General Ledger. b. We traced gross revenues from AGC's General Ledger to reports submitted to the City and tested the mathematical accuracy of the reports. c. We compared gross revenues to intemal financial reports prepared by American Golf Corporation. A summary of our findings and recommendations is included on pages 3 and 4. -2- SUMMARY OF FINDINGS AND RECOMMENDATIONS As a result of our agreed -upon procedures, we have the following findings and recommendations: 1. Cash Register Controls: We noted numerous instances where the dollar amounts on the cash register tapes did not agree with the actual amount of cash receipts recorded on the bank deposit. The dollar differences were small (generally less than $ 50.00 per day). In some instances, cash per the bank deposit was lower than cash receipts recorded on the cash register tapes. In other instances, cash per the cash register tapes was greater than the amount per the bank deposit. Also, manual adjustments were made to many of the cash register tapes, to bring them into agreement with the bank deposits. Also, according to American Golf procedures, an "Incident Report" should have been prepared in cases where the cash variance was greater than $ 50.00. We were advised that no such Incident Reports were prepared. Further, officials at American Golf Corporation's Santa Monica office could provide no subsequent explanation for the cash differences. Recommendation: American Golf officials should provide the City with a written report as to what procedures will be put in place at the National City Golf Course to correct these procedural problems on a going -forward basis. 2. Start Sheet Controls: We noted a number of instances where the number of golf rounds listed on the Start Sheets did not agree with the number of rounds recorded on the daily close- out reports. In a few instances, the amount of golf rounds recorded on the daily close-out report was less than the number of rounds recorded on Start Sheet. For example, on March 17, 2002, there were 273 rounds recorded on the Start Sheet, but only 266 rounds recorded on the close-out report. Also, on December 22, 2004, there were 181 rounds recorded on the Start Sheet, but only 170 rounds recorded on the close-out report. Recommendations: Golf course personnel should be diligent in recording the names of all golfers on the Start Sheets. Also, on a periodic, random basis, we suggest that an employee other than the employee in charge of the Start Sheet should reconcile the rounds played on the Start Sheet to rounds played per the daily close-out reports. - 3 - SUMMARY OF FINDINGS AND RECOMMENDATIONS (CONTINUED) 3. Controls Over Golf Instruction: During our review period, revenues from golf instruction were small. Also, there did not appear to be any written procedures in place to assure that revenues from golf instruction were properly recorded in the accounting records. Observation: The current golf pro receives 100% of fees received for instruction. Recommendation: Should the golf course change its current policy, whereby golf instruction fees are retained by the golf course, American Golf should establish written guidelines as to how golf instruction is approved, controlled and recorded in the accounting records. 4. Test of Reports Filed By American Golf: We found only minor differences between the gross revenues recorded in the General Ledger of American Golf and the gross revenues reported to the City. Accordingly, we have no findings from this test. -4- TASK 2 GROSS REVENUE ENHANCEMENT SERVICES National City Municipal Golf Review of Operations Table of Contents Executive Summary 1 Introduction 1 Discussion 1 Summary of Conclusions and Recommendations 2 Review of Greens Fees and Charges 4 Introduction 4 Discussion and Analysis 4 Conclusions and Recommendations 4 Fee Survey 5 Review of Sales and Gross Margins 6 Introduction 6 Discussion and Analysis 6 Conclusions and Recommendations 7 Review of American Golf Corporation's Marketing Plan 8 Introduction 8 Discussion and Analysis 8 Conclusions and Recommendations 8 Review of Facilities and Equipment 9 Introduction 9 Discussion, Conclusions and Recommendations 9 Review of Internal Controls 15 Introduction 15 Discussion and Analysis 15 Conclusions and Recommendations 15 Source Documents 16 NGF Operating and Financial Performance Profiles of 18-hole Golf Facilities in the U.S. (Pages 1-12 only) 17 National City Municipal Golf Course Executive Summary Introduction Subject to a consulting agreement between MBIA MuniServices Company (MBIA) and the City of National City, MBIA has asked MDJ Management Co. (MDJ) to assist them, in the capacity of a subcontractor, with some of the tasks outlined in the consulting agreement. MDJ is a forty-four year old golf course management company which has built four golf courses Alta Vista Country Club in Placentia, a private member -only club; Imperial Golf Course in Fullerton, a public championship -length course; Birch Hills Golf Course in Brea, an 18-hole, executive course; and Yucaipa Valley Golf Club, an 18- hole, public course in Yucaipa. We also managed these courses from when they were built, starting with Alta Vista in 1961, until mid-2005. We used our own management experience, as well as statistical information provided by the National Golf Foundation (NGF), to help us with this report. We also surveyed other, local courses, and reviewed information prepared by the course's lessee and management company, American Golf. Craig Hill, the general manager, showed us every courtesy and was generous with his time and patience in helping us to become familiar with various aspects of the golf course's operations. Discussion National City Municipal Golf Course (NationalCity) a place in golfing hasunique Y the g� �.g picture for southern San Diego County. It is relatively short in length and generally level in terrain, easier for golfers to walk, and thereby great for those who want to get some exercise without overdoing it. Another advantage is that it doesn't take all day to play 9 or 18 holes at National City. Locals love the fact that it is close to home, and one doesn't have to be too skilled at the game to have an enjoyable time there. It's a great place for family outings and for that beginning golfer. Then, there is the price, and you won't find much competition in that for National City. Our review looks at current greens fees and other charges, and compares them to four other public golf courses in the local area. We reviewed 2004 food and beverage and merchandise sales and costs of sales, and compared them to 2004 averages provided by the National Golf Foundation. We checked out the facilities and equipment, and reviewed American Golf's marketing plan. We also briefly looked at internal controls over receipts and disbursements. Our conclusions and recommendations are to be found in the body of our report, and also summarized below. National City Municipal Golf Course — Executive Summary 1 Summary of Conclusions and Recommendations Greens Fees and Charges National City's greens fees are roughly one half of the golf courses it competes with, which is appropriate for a 9-hole course. Cart fees are slightly more than half its competition, and range fees are comparable. Greens fees haven't been raised since February, 2002. Management is proposing an increase of $1.00 in greens fees (except for junior golfers) and $1.00 in cart fees, which we support. We also recommend that fees be increased every one or two years (assuming the market allows it) rather than waiting as long as four years. Small increases can be better tolerated by customers, and costs, which go up every year, can be better covered. Sales and Gross Margins Sales of food and beverages, and of merchandise, lag behind the averages published by NGF on a per -round basis, which isn't that surprising given the types of customers National City has, juniors and seniors, and beginners. However, its cost of sales percentages are excellent, which reflects good internal controls over purchases and sales. Marketing Plan The marketing plan for National City is scattered among various documents, including budgets, Craig Hill's "2005 Review — Executive Summary", and programs run out of American Golfs corporate offices in Santa Monica. Stated goals for the golf course include continuing to seek tournament business, league play, and the creation of new golf leagues, more outreach to the local community, and continuing to improve course conditions, among others. These goals are good, but there's no written plan on how these goals are to be obtained or measured. We recommend that American Golf create an "Annual Plan" for National City which would include a marketing plan with measurable goals, as well as a revenue and expense budget, a capital expenditures budget, and a course maintenance plan. Facilities and Equipment During our meeting with Craig Hill, we toured the clubhouse, clubhouse grounds, driving range, 9-hole golf course, and the maintenance facility. The clubhouse grounds, especially the entry from the parking lot, needs to be improved with better landscaping. Building signage is partially blocked by trees at the front of the clubhouse, and signage in general is not adequate. The clubhouse itself was clean and attractive, and the dining area has recently been furnished with new tables and chairs. The south -facing windows need window coverings of some sort to cut down on heat and glare. The golf shop, restrooms and cart storage areas were clean and well -maintained. The driving range is covered with an astro turf -type material, and hitting is done from mats. Range balls, fencing, mats and driving range cover all seemed to be in good condition. There is no barrier or safety zone between the range customers and others, which needs to be looked at. National City Municipal Golf Course — Executive Summary 2 The course is maintained by a fairly small crew, and we noticed some areas where maintenance could be improved. Those were near edges of the fairways, greens (encroaching Bermuda grass), tees (not level) and overwatering in some areas. Perimeter fencing, especially near the maintenance area needs repair. There are holes in fences on either side of fairway #3 which non -golfers are using to access an adjacent park. This is a hazardous situation. The maintenance facility suffers from a lack of storage space. The equipment there seemed to be in good condition, but old equipment kept around for parts takes up valuable space. If possible, parts from this equipment should be removed and stored, with the rest discarded, to provide more space and a cleaner and better -organized area. Internal Controls We did a limited review of internal controls which consisted of an internal control questionnaire and observations made during our visit to the course. The purpose was to satisfy ourselves that basic controls are in place, and to provide a starting point for Diehl, Evans & Co.'s more comprehensive review. In general, the management and staff appear to have a good understanding of internal controls and are implementing American Golf's policies in this area. Our only recommendations for improvement involve purchase order approvals and numbers, and are spelled out in detail in the Internal Control section of the report. This concludes our Summary of Conclusions and Recommendations. We hope that this analysis will be of value to the City of National City and its lessee, American Golf Corporation. Again, we appreciate the cooperation and courtesy we received from American Golf s management personnel, especially Mr. Craig Hill, General Manager. We appreciate the opportunity to be involved in this project. Respectfully submitted, Robert R. Wine President, MDJ Management Co. National City Municipal Golf Course — Executive Summary a 3 National City Municipal Golf Course Review of Greens Fees and Charges Introduction National City Golf Course is a nine -hole, daily -fee, municipal golf course. To deteirnine the reasonableness of its rates we surveyed four other courses in National City's market area. The survey results are shown at the end of this section. Discussion and Analysis Golf course fees are a function of the course and competition with similar, nearby courses. National City is a 9-hole course competing with 18-hole courses, so comparisons are difficult. A 9-hole course generally attracts a different type of golfer than 18-hole courses. This golfer is often a beginner, a senior, or someone who doesn't have the time or money to play a full-size course. National City's fees on the Comparison of Fees schedule are for 18-hole "equivalent" rounds. In other words, the 9-hole course is played twice and the fees shown reflect that. One can see that playing National City is very inexpensive. Greens fees are less than one half of the fees at the comparison courses, and carts are slightly more than one half. Conclusions and Recommendations Although National City's fees are roughly one-half of its competitors, this is appropriate for a number of reasons — • It's a 9-hole course. • Its condition and facilities are inferior to its competitors. • Its niche, beginners and seniors, works against having much higher fees. That said, we support the proposed increase in fees shown on Page 7 of the 2005 Review prepared by General Manager Craig Hill. As he notes in that document, the last rate increases were in February, 2002. There is a problem waiting this long to increase fees. Costs to operate go up every year, and fee increases should occur every one or two years. Small fee increases can be tolerated by customers, but waiting longer to increase fees means a bigger increase must occur each time. Even if it's a fair increase, it will still be harder to make than smaller, more frequent increases. National City Municipal Golf Course — Review of Greens Fees and Charges j 4 Fee Survey National City Municipal Golf Course — Fee Survey 5 Course/address/description National City Golf Course 1439 Sweetwater Road National City 619-474-1400 Par 68 - 2220 Yardage - Nine -Hole Course Chula Vista Municipal Golf Course 4475 Bonita Road Bonita 619-479-4141 73 Par - 6759 Yardage/130 Slope Billy Casper/Dick Wilson design Advanced reservations $2.00 extra Fee Survey Fees (no change winter to summer) Weekday -Mon -Fri (18-hole Non -Resident) Weekday -Mon -Fri (I8-hole Resident) Weekend -Fri -Sat (18-hole Non -Resident) Weekend -Fri -Sat (18-hole Resident) Weekday - Twilight Weekend - Twilight Senior Junior (after 2 or 3 @ most courses) Weekday -Mon -Fri* Weekday -Mon-Fri Weekend -Sat -Sun* Weekend -Sat -Sun Twilight - Weekday* Twilight - Weekday Twilight - Weekend* Twilight - Weekend $10.00 10.00 14.00 14.00 8.00 9.00 8.00 7.00 $21.50 27.00 26.00 34.00 13.50 17.00 16.50 20.50 Cart Fees Range $14.00 Buckets per cart $ 6.00 = 75 $10.00 = 126 $20.00 = 252 $13.00 per person Tourn. Charge N/A Buckets Regular weekday- $ 6.00 = 75 weekend NR rates $10.00 = 125 apply. Only 5-some groups reguired to ride. Bonita Golf Course 5540 Sweetwater Road Bonita 619-267-1103 71 Par- 6200 Yardage/117 Slope William F. Bell design Weekday-Mon-Thurs Friday Add $1:00 Weekend & Holiday Twilight - WD after 12:30 PM Friday after 12:30 PM Twilight - WE & Hol after 12"30 PM $26.00 $13.00 27.00 per person 38.00 16.00 16.00 24.00 Buckets $3.00= 30 $ 4.00 = 45 $ 7.00 = 80 $10.00= 115 $13.00 = 180 $26.00 27.00 38.00 Balboa Park Golf Course 2600 Golf Course Drive San Diego 619-239-1660 72 Par - 6288 Yardage/127 Slope William P. Bell design Weekday -Mon -Fri * * Weekday -Mon-Fri Weekend -Sat -Sun** Weekend -Sat -Sun Twilight - Weekday** Twilight - Weekday County Twilight Weekday*** Senior - Weekday only** $23.00 36.00 25.00 41.00 12.50 20.50 15.50 11.50 $26.00 N/A per cart N/A Coronado Municipal Golf Course 2000 Visalia Row Coronado 619-435-3121 Jack Daray (1957) design Jack Daray Jr. (1966 & 1997) Stephen Halsey (1997) 72 Par - 6590 Yardage/120 Slope Everyday Twilight Everyday Advanced reservations $38.00 non- refundable (up to 3 tunes may be made this way) $25.00 13.00 $15.00 per person $10.00 per person Twilight & 9 holes Buckets Daily $67.00 $ 5.00 = 40 Shotgun starts $87.00 $10.00 = 80 (No walling allowed -- fee includes golf and cart only) (Other packages are available.) * With purchase of Resident Card ($8.00 per year) ** With purchase of Resident Card ($12.00) per year ***With purchase of County Resident Card ($12.00/year) National City Municipal Golf Course - Fee Survey Page 5 National City Municipal Golf Course Review of Sales and Gross Margins Introduction Although National City is a 9-hole facility and its greens fees are half its competitors', gross margins on food, beverage and merchandise should still be roughly the same as those at 18-hole courses. Discussion and Analysis We compared National City's figures for the 2004 calendar year with "Operating & Financial Performance Profiles of 18-Hole Golf Facilities in the U.S.", 2004 Edition, published by National Golf Foundation (NGF). For purposes of this comparison, we used public mid -range Sunbelt courses, all 18-hole. As far as we can tell, NGF doesn't publish statistics on 9-hole facilities. National Ci NGF Av • ._ Total rounds played — 2004 66,779 37,490 Revenues Rounds revenue (Fees & Carts) $664,418 $ 800,250 Food & beverage revenue 152,174 193,770 Driving range revenue 123,702 74,710 Merchandise revenue 53,110 113,140 Other revenue 2,080 49,820 Total Revenue $995 484 $1,231,690 Cost of Sales (COS) — COS — Food & beverage $42,899 $71,920 COS — Merchandise $33,041 $75,320 COS %—Food & beverage 28.19% 37.12% COS % — Merchandise 62.21% 66.57% National City NGF Avg. i Averages — Rounds revenue per round $9.95 $21.40 Food & beverage revenue per round $2.28 $4.90 Range revenue per round $1.85 $1.50 Merchandise revenue per round $.80 $3.20 Total revenue per round $14.91 $33.10 Note — These are NGF's published numbers. They can't be calculated from the average revenue numbers shown under "revenues", above. National City Municipal Golf Course — Review of Sales an Gross Margins These numbers are quite interesting because they clearly show the dis-inclination of National City's patrons to spend as much money at the course as patrons of typical 18- hole courses. The exception is the driving range, whichmay be accounted for by the fact that it's a lighted range, which most courses don't have. Also, many of National City's customers are learning golf, which suggests higher use of the practice facility. Conclusions and Recommendations We believe that revenues in general are quite respectable, and cost of sales percentages are excellent. Revenues will benefit from the fee increases proposed by Craig Hill, General Manager, and by increases in rounds played which should be on the upswing as golf play at golf courses in general is starting to gradually rise. National City Municipal Golf Course — Review of Sales and Gross Margins 7 National City Municipal Golf Course Review of American Golf Corporation's Marketing Plan Introduction The marketing plan for National City doesn't appear to reside in a single document. We know from Craig Hill that most of the marketing programs for National City are run from American Golf s corporate office in Santa Monica. We also know that National City collects email addresses from its customers in order to directly market time -specific specials. We have seen budget numbers included on the 2004 revenue and expense statement, and a budget is part of a marketing plan. Also, Craig Hill's 2005 Review contains some general goals for improvement, and a competitive marketing analysis. Discussion and Analysis We will focus on the "2005 Review — Executive Summary" because it is the only document we have been provided which includes any sort of a marketing plan. Page 4 of the 2005 Review lists seven "opportunities" for growth. We cannot disagree with anything on this list, except perhaps "Better COS controls in Food & Beverage and Merchandise.", which we feel don't need much improvement. As a marketing "plan" however, this document is not adequate. For example, one opportunity listed is to "continue to welcome ongoing league play and the creation of new golf leagues throughout the year." However, there's no indication of how this would be accomplished, how much it would cost, or when it would happen. In other words, there's no written plan. Conclusions and Recommendations We feel that National City would benefit from a written "Annual Plan", which would contain not only a marketing plan but also a revenue and expense budget for the coming year, a capital expenditures budget, and a course maintenance plan. The marketing plan should include short-range and long-range goals, specific steps to be taken, and costs and personnel involved. The goals should be measurable, and progress towards each goal should be shown in each year's plan. The plan should be shared with everyone on the staff, and reviewed with them as frequently as possible. National City Municipal Golf Course - Review of American Golf Corporation's Marketing Plan 8 National City Municipal Golf Course Review of Facilities and Equipment Introduction We arrived at National City Golf Course at approximately 10:00 a.m. on Wednesday, December 21, 2005. Upon leaving the freeway we drove past the course without recognizing it as our destination. We stopped at a service station to ask for directions, reversed our course, and then almost drove past the course a second time before turning in to the facility parking lot. We entered the clubhouse building and introduced ourselves to the club manager, Mr. Craig Hill. Mr. Hill escorted us to the dining area where he discussed with us general club operations. Afterwards, we toured the grounds, clubhouse, driving range, 9-hole golf course, and maintenance facility. Discussion, Conclusions and Recommendations Grounds: The entry walkway leading to the clubhouse was unattractive. The entry could easily be improved with flowers in the flowerbed areas along the entry sidewalk. Also, the few existing bushes along the front of the building should be removed and replaced with a more vibrant variety of bush, which can be developed into a permanent hedge. This change would require little maintenance and would help to soften the entire appearance of the clubhouse. The trees at the front of the clubhouse effectively block from view the words "National City Golf Club" as they appear on the upper part of the building. At least two of the trees should be removed to reveal the facility name. When we arrived in National City we drove past the golf course one time and almost did a second time, simply because we did not see it. We were looking for signage to tell us we were at the course, but we didn't see any. The signs were there but they did not get our attention. The newer sign, located Nat onal City Municipal Golf Course — Review of Facilities and Equipment at the west side of the parking lot, is either not eye-catching enough or it just gets "lost" in the background. Re -locating the sign at a different angle somewhat closer to the street would be advisable along with adding brighter colors or other method of gaining attention. A second sign located at the southeast corner of the parking lot is badly faded and is in need of repair. This sign, though smaller than the newer sign appears to be in the best location of the two and is angled properly for passing motorists. It too needs an extra something to draw attention. Don't overlook promoting breakfast and lunch at the snack shop on these signs. The parking lot has 53 regular and 4 handicap spaces. There is not enough parking on site for peak hours but we were informed overflow parking is available on the side street next to the clubhouse and driving range and such parking is permitted by the city. The parking lot surface is in need of attention before this area becomes a major expense item. At a minimum, broken areas should be removed and repaired, an asphalt patch should be applied to severely worn areas, and the entire parking lot should be slurry sealed and re -striped. Clubhouse: The clubhouse consists of a snack shop, dining area, golf shop, golf cart storage area and restroom. The food preparation area in the snack shop was very clean and appeared to be sufficiently efficient for daily operation. The menu listed a decent assortment of sandwich items so we ate lunch while at the course. For a snack shop operation, our food looked good, was well presented and was very tasty. Food prices were average to slightly below average for public golf courses. Beverage prices for both beer and soft drinks were average. Prior financial reports reveal a cost of sales for the snack shop that is consistent with, or better than, similar type operations. A beverage cart is used in the operation on weekends and other busy days. We were informed the cart operator is provided an inventory of food and beverage products from the snack shop and at the end of the day returns unused inventory along with receipts for any sales. After a count of unsold products the cart operator turns over to the snack shop operator all cash collected for sold inventory. These sales are then rung on the snack shop register and are included in the day's totals Four employees are on staff to operate the snack shop, 1 full-time and 3 part-time. On a day-to-day basis the snack shop is a one -person operation with two employees being on duty during special events. Sales are rung on an electric cash register and it was noted that transaction receipts were being offered to customers. Voided transactions and refunds require the manager's approval. It would be difficult to imagine such approval being acquired before completion of the transaction since staff is so limited and National City Municipal Golf Course — Review of Facilities and Equipment 10 department operations are located at opposite ends of the building. It is assumed the manager reviews such transactions after the fact, and as he is available to do so. At closing, cash receipts, operating bank, and register tapes are turned in to the golf shop staff who place the cash in the clubhouse safe. Because the electric snack shop cash register is not linked to the golf shop computer-linked register, the golf shop staff re -rings each snack shop transaction into the golf shop register as it appears on the closing snack shop register tape. The dining area has recently been furnished with new tables and chairs and was sufficiently clean. The room has a view of the driving range on one side and a view of the parking lot and street on the other. The windows are bare and there was a terrible glare from the south side windows. While we were eating lunch the southerly December sun created a glare that made it difficult to see, and the buildup of heat from the windows was very uncomfortable. During the time we were eating lunch, viewing the televisions that are provided in the dining area for customer enjoyment would be next to impossible. The televisions are there for only one reason, and that is to retain the customer who might have lunch or buy another beer while watching the Padres or Chargers or PGA pros. Blinds or another type of screen should be installed eliminate the glare and heat which would make the area more user-friendly. As mentioned under "Grounds", the planting of bushes outside the windows, along the front of the building, would give the dining area that more comfortable, cozy atmosphere it now lacks. The golf shop was neatly maintained. Inventory was limited in quantity, as is typical of public golf courses, was in good condition and balls, shoes and soft goods were well displayed. Merchandise sales are rung on the register at the golf shop counter, as are sales for green fees, carts and driving range. Customer receipts are provided with each sale. The golf shop opens daily at dawn and we were told the facility closes at 7:00 p.m. The cash register is closed at the end of each day and cash receipts are placed in the facility safe. The restroom was clean and adequately maintained. The location of the restroom is such that it cannot be easily viewed from any workstation. As a result, non -customers who are passing by on the street frequently use the restroom and tend to leave it messy if they do indeed leave. We were told there were some ongoing problems with homeless persons some of whom use the restroom as a place to nap. It is a potential problem where customer safety and security are concerned. National City Municipal Golf Course — Review of Facilities and Equipment 1l The cart storage area is golf course typical. 22 electric golf carts are owned by the facility and they are charged and maintained in the storage area. The golf carts were clean and well maintained. The cart storage building was maintained in a neat, orderly manner. Driving Range: The driving range is unique in that it is covered with a green, grass -like material similar to astro turf. There is no mowing required except along the west side of the range where an open, natural drainage channel exists. Ball retrieval from the range is simplified because of the use of the artificial turf that also is easy on ball picking equipment. The range is screened on both sides and on the end. The height of the screen appears to be sufficient to contain the vast majority of balls. The range balls were in good condition which is very important to maintaining steady driving range business. When a customer pays for his range balls in the golf shop, he receives a range card. This card is inserted into a dispensing machine where the customer acquires the balls. 75 practice balls are provided for a very competitive fee of $5.00. There are 16 stalls, or hitting areas at the range. These are spaced sufficiently apart as to afford some safety for customers. Driving range mats are used in the hitting area since natural grass is non-existent. Most of the mats were in good to excellent condition. It is recommended that a railing or other barrier be placed behind the hitting area to maintain a safety zone between range customers and others. Competition was said to be from the Chula Vista Driving Range, which has 50 stalls, and players have the option of hitting from either mats or natural grass. While the mats/grass option is desirable it is felt that the facility at National City is equally attractive to golfers due to its location and availability to a larger population. The night lighting is a plus. Golf Course: The golf course is nine holes with a par of 34. Fairways were mowed and the sand traps were edged and maintained. Speed of play would be helped by cutting some of the growth along the edges of the fairways. Particularly on hole #2 the high grass in the natural drainage channel on the right side of the fairway should be cut and maintained to help golfers locate their ball. In fact, the entire perimeter could stand to be cleaned and better maintained. The greens are smaller than average and this is due to a lack of effort to maintain original green surface area. Bermuda and other creeping turf grasses have encroached upon the green and over time each of the greens has been reduced in size. A program of edging the greens and handwork to remove unwanted infiltrating grasses around the greens should be implemented. Also it was noted that Bermuda National City Municipal Golf Course — Review of Facilities and Equipment 12 grasses have become established in the interior of several of the greens. This grass should be cut out and replaced with putting green turf. Most tees are "crowned" and are void of level places to play a tee shot. These tees should be made level and re -sodded. Also, a regular program of over -seeding and top dressing should be implemented for all the tees to promote more rapid divot repair and re -growth of turf grass. It did appear tee markers are being moved, as they should be, on a somewhat regular basis. The golf course seemed quite wet in spots. Cart traffic through these wet areas has created unsightly muddy areas that could be corrected through better water management. With the exception of the 8th green and 9th tee areas, the cart paths on the course are dirt, compacted through frequency of use. When compared to the clean, fresh feel one gets at holes 8 and 9, these dirt paths are unsightly. It would be difficult, however, to justify the cost of concrete paths with the revenue realized from golf cart rentals We noticed several areas where perimeter fencing is missing or damaged enough to permit trespassing onto the golf course. In particular, two gaps in the fence provide a much -used pathway for local residents going to the adjacent park. This seems to be an "accepted" occurrence although Mr. Hill has been trying to address this issue. This situation must be corrected to reduce liability exposure. The fencing should be repaired and no trespassing signs should be posted. It is only a matter of time before a golf ball injures a non -golfer passing through the course. Maintenance Facility: The maintenance staff consists of one superintendent, 3 full-time employees and 2 part- time employees. The small size of the staff makes it necessary to set aside some tasks while taking care of the bare essentials. Better water management, tee maintenance, and perimeter weed control go lacking due to the lack in personnel. There is a shortage of storage space at the maintenance facility. The equipment should be stored inside for protection from the weather but National City Municipal Golf Course — Review of Facilities and Equipment 13 inside space is insufficient to do so. While some of the mowing units are stored inside other equipment is stored with little or no protection from the elements. The equipment we saw was properly lubricated and otherwise well maintained for operation. It was noted the bed knives on the mowing units were sharp and in good condition. As. is the case at many golf courses, old equipment is kept around as a source of replacement parts. The motive is valid, but with the limited space available such parts should be removed and stored so the old equipment can be disposed of. This would help an effort to generally clean up debris that collects in and around old equipment and also keep the maintenance yard better organized for day-to-day operations. National City Municipal Golf Course — Review of Facilities and Equipment 14 National City Municipal Golf Course Review of Internal Controls Introduction Our review of internal controls was performed in conjunction with the review being performed by Diehl, Evans & Company. Our review consists of a "Procedural Review Questionnaire" completed by Craig Hill, General Manager, and a reading of American Golf s "Accounting Manual — Cash Receipts Handling & Banking". Both documents are enclosed at the end of this report. Discussion and Analysis Based upon our review of the questionnaire, and our limited observations during our visit to National City Municipal Golf Course in December, we believe that the management and staff of the course have a good understanding of American Golf's policies as outlined in its accounting manual, and those policies represent good internal control procedures given the circumstances at the course, i.e.; a small staff, which makes complete separation of duties impractical. This situation is mitigated somewhat by the fact that the American Golf corporate office performs certain tasks itself, such as check writing and signing, bank reconciling, and mailing of checks. We have made no attempt to investigate procedures at the corporate offices, as it falls outside of the scope of our engagement. Conclusions and Recommendations Our only recommendations involve purchase orders and their approval. Under "Purchasing/Accounts Payable" on page 3 of the questionnaire, the answer to question #3 indicates there is no further approval of purchase orders issued by the Superintendent, Golf Shop Supervisor or Snack Bar Supervisor. It seems to us that the General Manager should at least review all purchase orders, and approve those over a certain dollar limit. Next, under question #18 of the same section and page, purchase order numbers are not required on all invoices, but they should be. Vendors are used to working with this type of requirement, and it's not a difficult condition to meet. In conclusion, we found very few problems with the internal control policies, and if followed by the management and staff of the golf course in practice they should provide adequate safeguards for assets and funds. National City Municipal Golf Course — Review of Internal Controls 15 Source Documents National City Municipal Golf Course — Review of Internal Controls 16 NGF Operating and Financial Performance Profiles of 18-hole Golf Facilities in the U.S. (Pages 1-12 only) National City Municipal Golf Course — Review of Internal Controls 17 Operating &Financial Performance Profiles of 18-hole Golf Facilities in the U.S. 2004 Edition BMW ____ ! - _ -r 0 ---11111•11111- - - - s W.--r Operating & Financial Performance Profiles of 18-hole Golf Facilities in the U.S. 2004 Edition Published by National Golf Foundation 1150 South U.S. Highway One, Suite 401 Jupiter, FL 33477 (561) 744-6006 www.ngf.org November 2004 ©2004 by the National Golf Foundation. This publication or any part thereof must not be reproduced without written consent of the NGF. R» NATIONAL GOLF FOUNDATION Contents Introduction 1 Public Mid -Range Frostbelt 3 Public Mid -Range Sunbelt 8 Public Premium Frostbelt 13 Public Premium Sunbelt ... 18 Private Mid -Range 23 Private Premium 28 • OPERATING 8 FINANCIAL PERFORMANCE PROFILES OF 18-HOLE GOLF FACILITIES IN THE U.S. - 2004 EDITION Introduction fNTRODUCTlON This report is based an 422 surveys of 18-hole regulation golf facilities in the U.S. It is divided into six sections. ❑ Public Mid -Range Frostbelt ❑ Public Mid -Range Sunbelt • Public Premium Frostbelt ❑ Public Premium Sunbelt ❑ Private Mid -Range ❑ Private Premium The purpose of this report organization is to allow operators to quickly see o comparison of their facility. Type "Public" includes daily fee and municipal courses, "Private" does not include semi -private clubs. Price Points The terms "Mid -Range" and "Premium" are for convenience only. For public courses, mid- range means o published peak season green fee with cart of between $30 and $59, Public premium is $60 and above. Actual fees may be lower considering weekday, discount and outing fees are likely lower than "rack rate." Private mid -range indicates total revenues of less than $3,000,000 and premium means total revenues of $3,000,000 and above. Regions For public courses, Sunbelt refers to a 10-12 month playing season and Frostbelt has a season of less than nine months. See map on page 2. OPERATING& FINANCIAL PERFORMANCE PROFILES OF 18.HOLE GOLF FACILITIES IN THE U.S.-2004 EOITION .... PAGE There is no seasonal delineation for private clubs. For example, premium private clubs may be located anywhere in the U.S. Definitions Rounds revenue — The sum of green/guest fees, can fees, annual dues and trail fees. Staff ❑ Course Maintenance (includes superintendent) ❑ Golf Operations (includes shop, range, cart barn, etc.; excludes general manager or director of golf) ❑ General & Administrative (includes general manager or director of golf, accounting, sales, etc.) Payroll ❑ Golf Payroll & Benefits (includes shop, range, etc.; excludes general manager or director of golf) ❑ G&A Payroll & Benefits (includes general manager or director of golf, accounting; administration, etc.) Abbreviations ❑ COS = Cost of Sales ❑ F&B = Food and Beverage ❑ G&A = General and Administrative Regions Used in Analysis* `Hawaii is Included in Sunbelt; Alaska in Frostbelt, OPERATING & FINANCIAL PERFORMANCE PROFILES OF IS -HOLE GOLF FACILITIES IN THE U.& -2004 EDITION PAGES NATIONAL GOLF FOUNDATION - PUBLIC MID -RANGE FROSTBELT Public Mid -Range Frostbelt These are public regulation 18-hole courses with published green fees between $30 and $59 with an operating season of less than 10 months. This section is based on responses from 110 such courses, located primarily in Michigan (14), Pennsylvania (11), Virginia (11) and Minnesota (9). A total of 28 Frostbelt states are represented. The majority of these courses are well established: Percent of sample. 1990`orlater 21% 1:980-1989 6% 1:970-79 • 18%. 1960 69 2 f/d Before 1 60 32% Seventy-nine (nearly three-quarters) of the responding courses are "just golf" (not related to real estate or a resort, etc.); 14 are real estate -related; eight are resorts; eight are military; and one is a university course. OPERATING & FINANCIAL PERFORMANCE PROFILES OF 18-HOLE Gar FACILITIES IN THE U.S. -2004 EDITION PAGE 3 NATIONAL GOLF FOUNDATION Public Mid -Range Frostbelt (Green Fee $30-$59) REVENUES Average Rounds Revenue $ 643,040 F&B Revenue 185,350 Merchandise Revenue 78,390 Practice Range Revenue 40,740 Other Revenue 19.270 Total Revenue $ 966,790 RANGE OF VALUES PUBLIC MID -RANGE FROSTEELT TOTAL REVENUE: $966,790 Founds F&6 Merchandise ® Range ■ other Total Revenue Below $600,000 $600,000-$800,000 $800,00141,000,000 Above $1,000,000 % of sample 22% 22% 17% 39% 100% Merchandise Revenue % of sample Beim $25,000 2 1 % $25,000-$50,000 24% $50,0014100,000 30% Above $100,000 25% 100% F&B Revenue Below $70,000 $70,000-$120,000 $120,001-$200,000 Above $200,000 of sample 27% 25% 23% 100% OPERATING & FINANCIAL PERFORMANCE PROFILES OF 18-HOLE GOLF FACILITIES IN THE U.S.- 2004 EDITION PAGE 4 NATIONAL GOLF FOUNDATION Public Mid -Range Frostbeit (Green Fee $30-$59) EXPENSES PUBLIC MO -RANGE FROSTBELT Average Maintenance > Payroll $ 217,420 > Non -payroll 196.760 Subtotal Maintenance 414,180 Golf Payroll 117,930 F&B Payroll 90,000 G&A Payroll 79.270 SubotaI Payroll (Intl maint).,504,620 COS — F&B (excl. payroll) 85,990 COS — Merchandise (excl. pay) 57,900 Total Expenses $ 845,270 RANGE OF VALUES TOTAL EXPENSES: $845,270 Payroll Maintenance (non-payroil) cos F&6 COS Merchandise Total Expenses % of sample Below $500,000 17% $500,000-$700,000 37% $700,001-$1,000,000 20% Above $1,000,000 2E% 100% Total Malntenance Expenses (Ind. payroll) % of sample Under$250,000 26% $250,000-$400,000 34% $400,001-$600,000 22% Above $600,000 l a% 100% EBITDA (Earnings before interest, taxes, depreciation and amortization) Average $148,880 of sample Below $0 (loss) 19% $0-$70,000 25% $70,001$200,000 28% Above $200,000 28% 100% OPERATING & FINANCIAL PERFORMANCE PROFILES OF 18-ROLE GOLF FACILITIES IN THE U.S. -2004 EDITION PAGE 5 NATIONAL GOLF FOUNDATION PUBLIC UID.RANGE FROSTB ELT Public Mid -Range Frostbett (Green Fee $30-$59) ROUNDS Average Total Rounds Played 30,510 DUES RANGE OF VALUES % of sample Under 20,000 23% 20,000-30,000 29% 30,001-40,000 27% Above 40,000 __�1% 100% Average Annual dues/passes $ 900 STAFF RANGE OF VALUES % of sample Below $500 30% $500-$900 37% Above $900 33% 100% Averages Year -Round Additional Seasons! Full-time Part-time Full-time Part-time Course Maintenance 3.2 1.6 Golf Operations 1.1 2.4 Food & Beverage 0.8 1.5 General & Administrative Id 0.4 Total 6.2 5.9 CAPITAL EXPENDITURES (Past three years [2001-2003]) 2.0 3.1 1.0 6.2 0.7 2.9 0.1 0=1 3.8 12.3 RANGE OF VALUES Total Capital Expenditures % of sample Golf Course Capital Expenditures % of sample Clubhouse Capital Expenditures % of sample $0 35% $0 51% $0 66% $1-$150,000 35% $1-$75,000 25% $1-$25,000 20% Above $150,000 30% Above $75,000 . 24% Above $25,000 14% 100% 100% 100% OPERATING & FINANCLALPER F0R1AANCE PROFILES OF is -HOLE GOLF FACILITIES IN THE U.S. -2004 EDITION PAGED NATIONALGOLF FOUNDATION PUBLIC MID -RANGE FROSTBELT Public Mid -Range Frostbelt (Green Fee $30-$59) REVENUE PER ROUND Total revenue per round Average $33.70 Range of values % of sample Under$25.00 30% $25.00-$30.00 23% $30.01-$40.00 22% Above $40-00 25% 100% Rounds revenue per round Average $22.00 Range of values % of sample Under $20.00 43% $20.00-$25.00 30% Above $25.00 27% 100% F&B revenue per round (concessionaire) Average $420 Range of values % of sample Below $4.00 66% $4.00 and above 34% 100% F&B revenue per round (non -concessionaire) Average $8.80 Range of values % of sample Under $5.00 35% $5.00-$10.00 35% Above $10.00 30% 100% Merchandise revenue per round Average $3,10 Range of values % of sample Under $3.00 65% $3 and above 35% 100% Golf range revenue per round Average $1.30 Range of values % of sample Under$1.00 55% $1.00 and above 45% 100% Note! The Mid -Range green fee of $30-$5$ 1s the published peak -season, weekend fee with cart, Actual revenue per round figures may be lower, OPERA¶NG S FINANCIAL PERFORMANCE PROFILES OF 18-HCLE GOLF FACILITIES IN THE US.-2104 EDITION PAGE7 NATIONAL GOLF FOUNDATION PUBLL„ MIDRANGE SUNBELT -- Public Mid -Range Sunbelt These are public regulation 18-hole courses with published green fees between $30 and $59 with a 10- to 12-month operating season. This section is based on responses from 86 such courses, located primarily in California (17), Florida (14), Georgia (12), North Carolina (10) and Texas (10). A total of 12 Sunbelt states ore represented. The majority of these courses ore well established: Year established 1890 or later 1980-1989 1970-79 1960-69 8efore-1.86.0 20% Fifty-five (two-thirds) of the responding courses are "just golf"; 15 are real estate -related; five are resorts; nine are military; and two are part of a parks district. OPERATING & FINANCIAL PERFORMANCE PROFILES OF 18-HOLE GOLF FACILITIES IN THE U.S. — a004 EDITION ?AGE Po, NATIONatnni F FOUNDATION Public Mid -Range Sunbelt (Green Fee $30-$59) REVENUES PUBLIC MID -RANGE SUNBELT Average Rounds Revenue $ 800,250 F&S Revenue 193,770 Merchandise Revenue 113,140 Practice Range Revenue 74,710 Other Revenue 49.820 Total Revenue $ 1,231,690 VALUES TOTAL REVENUE: $1,231,690 Rounds F&B Merchandise ® Range II Other Total Revenue % of sample Merchandise Revenue % of sample F&B Revenue % of sample Below$750,000 25% Beiow$75,000 33% Below$i00,000 33% $750,000-$1,000,000 17% $75,0004100,000 23% $100,000-$150,000 23% $1,000,00141,500,000 33% $100,0014150,000 22% $150,001-$250,000 13% Above $1,500,000 25% Above $150,000 23% Above $250,000 32% 100% 100% 100% OPERATING & FINANCIAL PERFORMANCE PROFILES OF 18-HOLE GOLF FACILITIES IN THE U.S. -2004 EDITION PAGE 9 NATIONAL GOLF FOUNDATION Public Mid -Range Sunbelt (Green Fee $30-$59) EXPENSES PUBLIC MID -RANGE SUNBELT Average Maintenance > Payroll $ 256,610 > Non -payroll 240.030 Subtotal Maintenance $ 496,640 Golf Payroll $ 144,480 F&B Payroll 87,220 G&A Payroll 85 820 Subotal Payroll (incl maint) $ 574,130 COS — F&B (excl. payroll) 71,920 COS — Merchandise (excl. payroll) 75,320 Other Expenses 25 840 Total Expenses $ 987,240 RANGE OF VALUES TOTAL EXPENSES; $987,240 Payroll Maintenance (non -payroll) Se COS FB SI COS Merchandise IN Other Total Expenses % of sample Below$700,000 28% $700,001-$1,000,000 23% $1,000,001-$1,500,000 39% Above $1,500,000 9% 100% Total Maintenance Expenses (incl. payroll) % of sample Below $350,000 28% $350,000-$450,000 30% $450,001-$800,000 27% Above $800,000 16% 100% EBITDA (Earnings before interest, taxes, depreciation and amortization) Average $195,170 % of sample Below $0 (loss) 19% $0-$100,000 26% $100,001-$300,000 28% Above $300,000 28% 100% S-. OPERATING & FINANCIAL PERFORMANCE PROFILES OF 18-HOLE GOLF FACILITIES IN THE U.S. —2004 EDITION PAGE 10 NATIONAL GOLF FOUNDATION Public Mid -Range Sunbelt (Green Fee $30-$59) ROUNDS PUBLIC MID -RANGE SUNBELT Average Total Rounds Played 37,490 DUES RANGE OF VALUES % of sample Below 25,000 20% 25,000-35,000 36% 35,001-45,000 20% Above 45,000 24% Average Annual dues/passes $ 1,120 STAFF RANGE OF VALUES % of sample Below$1,000 51% $1,000 and above 49% Averages Year -Round Additional Seasonal Full-time Part-time Part-time Course Maintenance 5.9 1.4 1.1 Golf Operations 3.2 6.1 1.3 Food & Beverage 1.9 3.1 0.9 General & Administrative 1.7 0 5 0.3 Total 12.7 11.1 CAPITAL EXPENDITURES (Past three years (2001-2003D 3.7 RANGE OF VALUES Total Capital Expenditures % of sample Golf Course Capital Expenditures % of sample Clubhouse Capital Expenditures % of sample $0 41% $0 67% $0 71% $1-$60,000 21% $1-$70,000 17% $1-$20,000 14% $60,0001-$300,000 21% Above $70,000 16% Above $20,000 15% Above $300,000 17% 100% 100% 100% OPERATING & FINANCIAL PERFORMANCE PROFILES OF 18-HOLE GOLF FACILITIES IN THE U.S. -2004 EDITION PAGE 11 NATIONAL GOLF FOUNDATION - PUBLIC MiD-RANGE SUNBELT Public Mid -Range Sunbelt (Green Fee $30-$59) REVENUE PER ROUND Total revenue per round Average $33.10 Range of values % of sample Under$30.00 43% $30.01-$35.00 19% $35.01-$45.00 17% Above $45.00 20% 100% Rounds revenue per round Average $21.40 Range of values % of sample Under$15.00 20% $15.01-$20.00 32% $20.01-$25.00 22% Above $25.00 26°!° 100% F&B revenue per round (concessionaire) Average $4.00 Range of values % of sample Below $4 52% $4 and above 100% F&B revenue per round (non -concessionaire) Average $4.90 Range of values % of sample Below $4.00 50% $4.00 and above 50% 100% Merchandise revenue per round Average $3.20 Range of values % of sample Under$2.00 31% $2.01-$3.00 27% Above $3.00 % 1 00% Golf range revenue per round Average $1.50 Range of values % of sample Under$1.00 46% $1.00 and above 54% 100% Note: The Mid -Range green fee of $30-$59 is the published peak -season, weekend fee with cart. Actual revenue per round figures may be lower. OPERATING 8 FINANCIAL PERFORMANCE PROFILES OF 18-HOLE GOLF FACILITIES IN THE U.S. -2004 EDITION PAGE 12 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 18, 2006 AGENDA ITEM NO. 43 ITEM TITLE Resolution authorizing the Mayor to Execute an Amendment to the Agreement between the City of National City and American Golf Corporation pertaining to Fees at the National City Golf Course PREPARED BY DEPARTMENT Leslie Deese EXPLANATION Phone: (619) 336-4242 Community Services/City Manager The attached letter from American Golf Corporation requests a rate increase of $1.00 for green fees and cart fees to be effective September 5, 2006. The last rate increase was in March 2002. The proposed rate increase is supported by City staff and the MBIA MuniServices audit staff as addressed in the May 18, 2006 report on the National City Golf Course (see Agenda Item 42 ) Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Adopt Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Letter from American Golf dated June 3, 2006 2. Resolution Resolution No. A-200 (9/8O) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND AMERICAN GOLF CORPORATION PERTAINING TO FEES AT THE NATIONAL CITY GOLF COURSE WHEREAS, on May 3, 1984, the City and American Golf Corporation entered into a Lease and Operating Agreement for the National City Golf Course, and said Agreement was subsequently amended on various dates, with the last amendment occurring on March 12, 2002; and WHEREAS, the City and American Golf Corporation desire to amend Paragraph 10.2.A of said Agreement pertaining to fees, to be effective September 5, 2006. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Amendment to the Agreement with American Golf Corporation pertaining to fees at the National City Golf Course. Said Amendment to Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 18th day of July, 2006. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AMENDMENT TO AGREEMENT This Amendment to Agreement is made and entered this 18`h day of July, 2006, by and between the City of National City, a municipal corporation, hereinafter referred to as "LANDLORD," and American Golf Corporation, hereinafter referred to as "TENANT." RECITALS This Amendment to Agreement is made with reference to the following recitals: A. On May 3, 1984, LANDLORD and TENANT entered into a "Lease and Operating Agreement for the Las Palmas Municipal Golf Course," and said Agreement was subsequently amended on various dates, with the last amendment occurring on February' 12, 2002. B. LANDLORD and TENANT desire to amend Paragraph 10.2.A of said Agreement pertaining to fees. NOW, THEREFORE, the parties hereto mutually agree as follows: 1. Paragraph 10.2.A of the "Lease and Operating Agreement of Las Palmas Municipal Golf Course" is hereby amended, effective July 18, 2006, to read as follows: "10.2. All fees charged to patrons at the demised Premises will be comparable to those fees charged by comparable competing Southern California public golf courses for similar goods and services and facilities. follows: A. TENANT and LANDLORD agree that green fees and cart fees will be as GREEN FEES 9 HOLES REPLAY Weekday - Regular $11.00 $8.00 Weekday - Senior (National City Resident) $8.00 $6.50 Weekday - Senior (Non -National City Resident) $9.00 $6.50 Weekday - Junior $8.00 $5.50 Weekday - Twilight $9.00 $5.50 Weekend - Regular $15.00 $9.00 Weekend - Senior (National City Resident) $9.00 $6.50 Weekend - Senior (Non -National City Resident) $11.00 $6.50 Weekend - Junior $9.00 Weekend - Twilight $6.50 $11.00 $6.50 Carts (Weekday and Weekend Rates) - Per Player Pull Cart (Weekday and Weekend Rates) - Per Player Range: Range prices per ball: older." $8.00 $4.00 $3.00 $0.08 For purposes of this section, `seniors' shall mean all persons 60 years old or 2. Except as otherwise provided herein, all of the terms and conditions of the "Lease and Operating Agreement for Las Palmas Municipal Golf Course" dated May 3, 1984, and as subsequently amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands on the date first above stated. APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Inzunza, Mayor AMERICAN GOLF CORPORATION By: General Manager By: Operations Manager June 3, 2006 American.Coif Corporation. Leslie A. Deese Community Services Director City of National City 141 East 12th Street Suite A National City, CA 91950-3312 Dear Ms. Deese, As per your request, I am respectfully submitting this letter to propose a rate increase at The National City Golf Course. We would like to propose the new rates to be effective as soon as possible. We are proposing an increase of one dollar to all categories. This proposed rate increase was supported by the recent facility audit performed by MBIA Muniservices Company. The findings of the recent facility audit performed by MBIA were published on April 7th, 2006 and shared with The City of National City and American Golf Corporation. Our last rate increase was in 2002. The golf course is in the best shape ever. We are confident the golfers will support the increase. I have included a comparative rate survey for executive golf courses and local municipal golf courses for your review. I have also attached a rate sheet that shows the proposed changes. Thanks for all the support. Sincerely, Randy Lohrenz General Manager National City Golf Course :201f CourSE 1439 Sweetwater Roan f Natlo^acity, Coo--, e • National City Golf Course Proposed Rates Date: 7/13/2006 Green Fees Weekday Proposed Proposed Current 9-hole Replay Replay Adults $10.00 $11.00 $7.00 $8.00 Seniors $8.00 $9.00 $5.50 $6.50 Resident Srs. $7.00 $8.00 $5.50 $6.50 Juniors $7.00 $8.00 $4.50 $5.50 Twilight $8.00 $9.00 $4.50 $5.50 Weekend Proposed Proposed Current 9-hole Replay Replav Adults $14.00 $15.00 $8.00 $9.00 Seniors $10.00 $11.00 $5.50 $6.50 Resident Srs. $8.00 $9.00 $5.50 $6.50 Juniors $8.00 $9.00 $5.50 $6.50 Twilight $10,00 $11.00 $5.50 ° $6.50 'Cart Fees Weekend and Weekday Rates Current Per person $7.00 Pull Cart $2.00 Cart Replay Current Per person $3.50 Proposed $8.00 $3.00 Proposed $4.00 2005 MARKETING-nl AN: PUBLIC COURSE CMA 6/14/2006 PAGE 1 OF 1 ITEM #44 7/18/06 DISCUSSION OF TUP FEE REVERSALS FOR: 1) RELAY FOR LIFE - $873.74 2) AUTO HERITAGE DAY - $2,612.76 (CITY MANAGER) LpHkir0j EC' Nappen, ITEM #45 7/18/06 NATIONAL CITY PROGRESS REPORT May 2006 — June 2006 The mission of the Alpha Project is to empower individuals, families, and communities by providing work, recovery and support services to people who are motivated to change their lives and achieve self-sufficiency. Since October, 2004, Alpha Project has been working in National City providing outreach services to the City's growing homeless population. Alpha Project's Take Back the Street Program provides the City of National City outreach and community services one day out of the week with a crew of three persons and one supervisor. Alpha Project's TBS program has assisted with homeless mitigation in National City with referrals, weed abatement, clearing homeless camps, outreach, and tree skirting or removal of trees and debris. Since the inception of the program, Alpha Project has been providing walking patrols in Kimball Park twice a day, once in the morning and in the afternoon. To date, Alpha Project has provided community revitalization/cleanup and outreach at the below sites. 05-09-06 — cleaning of transients camps, weed and tree trimming, hauling debris to dump, • Kimball Park Outreach, • CDC Building, • Toy's R Us, • A-1 Alloy's, • Highland Car Wash, • 222 Plaza, • Cozines Liquor, • Park Motel, • Cleveland & Civic Center Dr., • A-1 recycling Center, • Smart N Final, • 99 Cent Store, • Port of Pepper Park, 05-16-06 — cleaning up of transients camps, weed and tree trimming, cutting brush, hauling debris to dump, • N. 2nd & Sweetwater Rd. tunnel behind National City Golf Course, 05-25-06 - cleaning up of transients camps, weed and tree trimming, hauling debris to dump, • Kimball Park Outreach, • CDC Building, • Toy's R Us, • A-1 Alloy's, • Highland Car Wash, • 222 Plaza, • Cozines Liquor, • Park Motel, • Cleveland & Civic Center Dr., • A-1 recycling Center, • Smart N Final, • 99 Cent Store, • Port of Pepper Park, This month Alpha Project has been to the aforementioned locations at least four / five times each and some locations more than five times. We have cleaned and removed approximately 4.80 net tons of homeless camps, trash and debris. We have trimmed and skirted 3 trees. Alpha Project has provided outreached to 13 homeless men, women, and teens ranging from 15 to 68 years of age. Alpha Project has housed one of those homeless people and offered services to all. About half of the homeless population that Alpha Project encounters in National City is from out of State. On average, contacts have been homeless from one day to 20 years. A portion of those people are on SSI, but refuse to get help. Approximately 75% of those offered services are on drugs and/or alcohol. Many collect cans and panhandle for money to buy food and support there drug or alcohol habit. The homeless of National City have been living underneath bridges, in the river beds, in the City's parks and recreation areas, flood water channels, churches, on -ramps, and in commercial and residential foliage. Alpha Project for the Homeless would like to thank the City of National City for the opportunity to collaborate with the City to provide meaningful solutions to its homeless dilemma. Of course, we could provide a more thorough outreach and community revitali,ation if we had more than one day a week to provide said services. On request, you will find numerous pictures that have been taken within the City demonstrating our work. nk You, arcci, C6munity Projects Manager RECEIVED JUL 0 6 NATIONAL • CITY • TRANSIT MONTHLY REPORT JULY-06 Technology ITEM #46 /18/06 NCT is continuini 1;;; to work on various projects including placement of Real Time video cameras along a NCT bus route. Automatic Vehicle locators (AVL) and Transit TV to be installed on our vehicles. And also updating our GFI farebox and computer software with NCT/MTS CIP funds that will allow better collecting, t,ecurity and analysis of fare and ridership data. We are also in thc:; process of installing a swipe card access system for part of our facility as an option (piggyback) onto an existing MTS project with California Commercial Security (CCS). PERFORMANCE DIVIDENDS MONTH JUNE-05 MAY -06 JUNE-06 Ridership: 140,777 145,270 141,611 Passengers pe.r mi. 3.62 3.67 3.62 Passengers per hr. 40.56 41.91 40.79 Revenue miles: 38.849 39,539 39,104 Revenue Hours: 3,471 3,471 3,471 Fare Box recovery (revenue vs. expense) 20.5% N/A** N/A** ** Data delayed due to submission dates PERFORMANCE DIIVIDENDS MONTH JUNE-05 MAY-06 JUNE-06 Road Calls 04 0 08 Preventable Accidents 0 0 01 Ramp deployments 552 597 621 Our on -time performance 94.5% 88.3% 91.3% Customer Complaints 01 01 02 Customer Compliments 04 0 0 Maintenance: NCT vehicles used 13,061 gallons of low sulfur diesel fuel in June. The average price per gallon was approximately $2.33 compared to $2.69 in May. NCT maintenance personnel performed 14 Preventative Maintenance Inspections (PMI's) and completed 52 minor repairs consisting of farebox mechanisms, radiators, temp sensors, window liners and lights. We also completed 3:1. major repairs consisting of fuel injection pumps, AC service, front seals and foot & 13-12 valves to our fleet vehicles in April. 522 West 8th St. • National City, California 91950-1004 • (619) 474-7505 Fax (619) 474-2058 McDonald Transit Associates, Inc., Contract Operator for NCT 1 MTS-COA NCT is currently working very closely with MTS staff to coordinate NCT-COA route changes scheduled for January 2007. This most likely will mean an increase in drivers, staff and Revenue vehicles. We are also taking a very pro active role in distributing information to our community to make the new routes and changes go as smoothly as possible. Due to the complexity of this restructuring, a phased implementation is appropriate to ensure that implementation is manageable and rider confusion is minimized. More information is available on line at www.sdcommute.com NCT participates and is a member of many standing Transportation Committees at MTS and SANDAG such as the Transit Services and Facilities Advisory Committee (TSFAC), Operators Advisory Committee (OAC), Capital Improvement Plan (CIP), Uniform Fare Working Group, Security Critical Incident Committee (SCIC), Transit Research Working Group, Accessible Services Advisory Committee (ASAC), and South County EDC Transportation Committee. NCT is a member of the California Transit Association (C.T.A) and the American Public Transit Association (A.P.T.A.) and we are an active advocate for Local, Regional, and National Transit related issues. NCT staff directly participates on the NC Chamber of Commerce Community Promotions, Military Affairs, Economic Development and Public Safety Committees and I serve on the Chamber Executive Board as the 2005 Past President. I am also a participant on the NCPD Chief of Police advisory and safety camera/ procedures and policies committees and have accepted a volunteer position on the Board ^f Directors for Morgan Square (PBID). Community Collaboration NCT distributed our System & Community information utilizing one of our trailers at the recent St. Anthony of Padua festival on June 10th & 11th NCT is committed to working with the National City Community and residents through direct participation in Community projects and organizations or as volunteers. NCT is willing to evaluate and assist whenever possible to help meet the transportation needs of NC departments and organizations on a case -by -case basis for special or annual events. Submitted: July 5th, 2006 ohn P. Webster Sr. Vice President -General Manager National City Transit 2 MTS-COA NCT is currently working very closely with MTS staff to coordinate NCT-COA route changes scheduled for January 2007. This most likely will mean an increase in drivers, staff and Revenue vehicles. We are also taking a very pro active role in distributing information to our community to make the new smoothly possible. complexity f this restructuring, a phased routes ant, changes go as DIi1VtJlll1,' CC.��. fJVJJ2UIG. Due to the of this �......+.... implementation is appropriate to ensure that implementation is manageable and rider confusion is minimized. More information is available on line at www.sdcommute.com NCT participates and is a member of many standing Transportation Committees at MTS and SANDAG such as the Transit Services and Facilities Advisory Committee (TSFAC), Operators Advisory Committee (OAC), Capital Improvement Plan (CIP), Uniform Fare Working Group, Security Critical Incident Committee (SCIC), Transit Research Working Group, Accessible Services Advisory Committee (ASAC), and South County EDC Transportation Committee. NCT is a member of the California Transit Association (C.T.A) and the American Public Transit Association (A.P.T.A.) and we are an active advocate for Local, Regional, and National Transit related issues. NCT staff directly participates on the NC Chamber of Commerce Community Promotions, Military Affairs, Economic Development and Public Safety Committees and I serve on the Chamber Executive Board as the 2005 Past President. I am also a participant on the NCPD Chief of Police advisory and ,.safety camera/ procedures and policies committees and have accepted a volunteer position on the Board f Directors for Morgan Square (PBID). Community .Collaboration NCT distributed our System & Community information utilizing one of our trailers at the recent St. Anthony of Padua festival on June 10`h & NCT is committed to working with the National City Community and residents through direct participation in Community projects and organizations or as volunteers. NCT is willing to evaluate and assist whenever possible to help meet the transportation needs of NC departments and organizations on a case -by -case basis for special or annual events. Submitted: July 5th, 2006 I / I !w� tL r It �fj ! 1rF J John P. Webster Sr. Vice President -General Manager National City Transit 160,000 155,000 150,000 145,000 140,000 135,000 130,000 125,000 120,000 115,000 TOTAL RIDERSHIP ■ Dec-05 ■Jan-06 ❑Feb-06 ❑Mar-06 ■Apr-06 ® May-06 ■Jun-06 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE July 18, 2006 AGENDA ITEM NO. 47 (-ITEM TITLE RATIFICATIONS OF EXPENDITURES OF THE CDC: EXPENDITURES FO1- THE PERIOD OF 05/25/06 THROUGH 07/05/06 OF $3,363,338 PREPARED BY Senior Accountant 619-336-4391 EXPLANATION Marilyn Adrianzen See attached report. DEPARTMENT CDC— Finance Environmental Review ✓ N/A Financial Statement Total expenditures for the period of 05/25/06 THROUGH 07/05/06 amount to $3,363,338. Account No. N/A STAFF RECOMMENDATION RATIFY EXPENSES BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Ratification of Expenditures for the period 05/25/06 through 07/05/06 A-200 (9/80) Payee GENE7iB.t1061 ,b CDC BEST BEST & KRIEGER CORPORATE EXPRESS INC COUNTY OF SAN DIEGO DANKA DESROCHERS, PAUL DPRA INC. EMPLOYMENT DEVELOPMENT DEPT. FEDERAL EXPRESS FIRST BANKCARD CENTER FOLEY & LARDNER GE CAPITAL H. M. PITT LABS, INC. HEFFLER COMPANY, INC. INFRASTRUCTURE ENGINEERING KLEINFELDER, INC. LAW OFFICE OF DON DEFISCH MBIA MUNISERVICES COMPANY MECKY MYERS & ASSOCIATES NATIONAI, CITY CHAMBER OF COMMERCE NATIONAL CONSTRUCTION RENTALS NEW CITY AMERICA, INC. OVERLAND PACIFIC & CUTLER, INC SCS ENGINEERS SWEETWATER AUTHORITY TETRA TECH, ISG #I IJNIDEV LLC. ZOOM ZOOM DELIVERY ALSCHULER GROSSMAN STEIN AT SYSTEMS WEST, INC. BEST BEST & KRIEGER CALIFORNIA ASSOCIATION FOR LOCAL ECON CONRAD AND ASSOCIATES, LLP CORPORA'f E EXPRESS INC ESSENTIA MANAGEMENT SERVICES HARRIS & ASSOCIATES MORGAN SQUARE PBID NEXTEL COMMUNICATIONS OFFICE PAVILION POWER PLUS PROJECT DESIGN CONSULTANTS PURCHASE POWER SAN DIEGO CUPPING SERVICE SAN DIEGO GAS & ELECTRIC STATE COMPENSATION INSURANCE SWEETWATER AUTHORITY THE STAR NEWS VERIZON WIRELESS CHRISTENSEN SCHWERDTFEGER KEYSER MARSTON ASSOCIATES, INC SAN DIEGO CLIPPING SERVICE STAR DUST INN ZOOM ZOOM DELIVERY KAYE B. MOSS AT SYSTEMS WEST, INC. BEARD, PATRICIA BEST BEST & KRIEGER CHRISTENSEN SCHWERDTFEGER CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT EXPERTS CORNERSTONE BUILDING GROUP CORPORATE EXPRESS INC ESTRADA LAND PLANNING FEDERAL EXPRESS FOR MEETING OF JULY 18, 2006 RATIFICATION OF EXPENDITURES FOR PERIOD: 05/25/06 - 07/05/06 LEGAL SERVICES FOR REVOLUTION RI CDC OFFICE SUPPLIES REGULATORY OVERSIGHT EDUCATION VILLAGE CANON IR220 DIGITAL COPIER 5/21-8/20/06 RETIREMENT BENEFIT FOR JAN 06-JUN 06 ENVIRONMENTAL CONSULTING EPA GRANT INTEREST CHARGES FOR 1ST QTR YR 2006 FEDEX SERVICE FOR 05/12/06 CREDIT CARD FINANCE CHARGES THRU 05/12/06 LEGAL SERVICES FOR VARIOUS PROJECTS LEASE PAYMENT FOR CANON FOR 06/2006 PROF SERVICES FOR FOODLAND-FACADE PROJECT ENGINEERING AT NC BLVD 7TH-I2TH STREET INFRASTRUCTURE STUDY FOR DOWNTOWN SOIL SAMPLING FOR 8TH-I6TH AVE MEDIAN LEGAL SERVICES FOR VARIOUS PROJECTS ADMIN CONSULTING FOR L. WURBS FOR 04/06 RELOCATION CONSULTING KEYSTONE SDSU BUSINESS CONSULTING PRESENTATION FENCE RENTAL AT DAYS INN PROFESSIONAL SERVICES FOR BUS COMM -HABA SERVICES FOR PACIFIC VIEW ESTATES ENVIRONMENTAL CONSULTING FOR PROJECTS WATER SERVICE FOR 500 PLAZA BLVD INSPECTION FOR HIGHLAND AVE PHASE 1 CONSULTANT FOR SENIOR VILLAGE PROJECT COURIER SERVICE FOR GREEN VILLAGE PROF SERVICES FOR KEYSTONE ARMORED CAR SERVICE FOR MAY 2006 PROF SERVICES FOR REVOLUTION MEMBERSHIP FOR A. NAZARENO-ECON DEV CDC & KIMBALL FINANCIAL AUDIT FY 2005 CDC OFFICE SUPPLIES ENVIRONMENTAL SERVICES -HARBOR DISTRICT ENGINEERING SERVICES FOR AQUATIC CENTER PROPERTY TAXES FOR CDC PROPERTIES CELL PHONE CHARGES THRU 06/05/06 CDC OFFICE SUPPLIES EQUIPMENT RENTAL AT AQUATIC CENTER NC BLVD STREETSCAPE IMPROVEMENTS POSTAGE METER REFILL NOTICE CLIPPING UTILITIES AT 2300 CLEVELAND AVENUE THRU 5/30/06 WORKERS' COMP FINAL PREMIUM THRU 10/2005 WATER SERVICE AT 909 NC BLVD PUBLIC NOTICE CELL PHONE CHARGES FOR 05/2006 LEGAL SERVICES FOR 1820 G AVE ANALYSIS FOR 1820 G AVE CLIPPING SERVICE HIGH POWER STEAM FOR DAYS INN COURIER SERVICE REPLACEMENT OF CK#12891; REHAB LOAN REFUND ARMORED CAR SERVICE FOR 06/06 REIMBURSEMENT OF EXPENSES IN SEMINAR LEGAL SERVICES FOR VARIOUS PROJECTS LEGAL SERVICES FOR LOW & MOD FUND FINANCE FISCAL SERVICES FOR 04/2005 IDIS TRAINING FOR CDBG & HOME PROF SERVICES FOR CASA DE NOVIA CDC OFFICE SUPPLIES PROF SERVICES FOR HIGHLAND AVE MEDIANS FEDEX EXPRESS SERVICES Chk No Amount 16109 $3,961.50 16113 192.35 16114 287.50 16115 346.61 16116 660.00 16117 5,174.00 16118 55.19 16119 98.61 16120 1.75 16121 2,750.00 16122 206.60 16123 545.00 16124 20,149.41 16125 20,203.19 16127 289.00 16128 2,894.64 16129 5,033.66 16131 1,718.75 16133 280.00 16134 432.00 16135 3,156.52 16136 1,293.75 16142 4,560.14 16144 9.58 16146 8,125.87 16148 15,000.00 16149 79.10 16150 285.00 16151 25.11 16152 67.50 16153 570.00 16155 10,990.00 16156 248.57 16157 6,787.50 16158 6,662.50 16159 5,865.76 16160 73.51 16161 7.27 16162 195.00 16163 79,536.43 16164 1,008.50 16165 116.60 16166 189.21 16167 517.42 16168 50.60 16169 84.56 16170 545.05 16171 108.00 16173 996.25 16174 53.75 16175 800.00 16176 22.07 16177 10.60 16178 291.05 16179 40.00 16180 1,358.01 16183 1,876.50 16184 36,988.17 16185 1,575.00 16186 6,905.00 16187 74.23 16189 4,291.25 16190 38.59 1 Payee FEDEX KINKO'S FOLEY & LARDNER INFRASTRUCTURE ENGINEERING KEYSER MARSTON ASSOCIATES, INC KLEINFELDER, INC. MORRISON, RON NATIONAL CITY SENIOR NUTRITION OPPER & VARCO LLP PETTY CASH - CDC PITNEY BOWES RICK ENGINEERING COMPANY SAFDIE RABINES ARCHITECTS STATE COMPENSATION INSURANCE THE STAR NEWS URIAS, NORMA THE STAR NEWS AGUIRRE AGUIRRE CITY OF NATIONAL CITY CITY OF NATIONAL CITY COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO PORTILLO CONCRETE. INC. CDBG COMMUNITY YOUTH ATHLETICS HOME CHRISTMAS IN JULY NUTRITION CALIFORNIA BAKING CO. CENTRAL MEAT & PROVISION CITY OF NATIONAL CITY JOSEPH WEBB FOODS MCGUIRE DISTRIBUTION MISSION UNIFORM SERVICE PADRE JANITORIAL SUPPLIES INC PRO -EDGE. KNIFE REED'S RESTAURANT EQUIP. SVC. SAN DIEGO GAS & ELECTRIC SLETTENGREN, INGRID SYSCO SAN DIEGO TR PRODUCE, INC. AT SYSTEMS WEST, INC. CALIFORNIA BAKING CO. CENTRAL MEAT & PROVISION JOSEPH WEBB FOODS MCGUIRE DISTRIBUTION MISSION UNIFORM SERVICE PADRE JANITORIAL SUPPLIES, INC PANADERIA GUADALAJARA PRO -EDGE KNIFE REED'S RESTAURANT EQUIP. SVC. SAN DIEGO GAS & ELECTRIC SANCHEZ, MANUEL SIERRA SPRINGS SYSCO SAN DIEGO TR PRODUCE, INC. SAN DIEGO GAS & ELECTRIC FOR MEETING OF JULY 18, 2006 RATIFICATION OF EXPENDITURES FOR PERIOD: 05/25/06 - 07/05/06 Description TRANSPORTATION & HANDLING CHARGES LEGAL SERVICES FOR VARIOUS PROJECTS UTILITIES IMPACT REPORT -DOWNTOWN PROF SERVICES FOR VARIOUS PROJECTS PROF SERVICES FOR HIGHLAND AVE MEDIANS TRAVEL/TRAINING AT YOSEMITE CATERING SERVICES FOR CDC ACTIVITIES LEGAL SERVICES FOR VARIOUS PROJECTS REPLENISHMENT OF PETTY CASH FUND MONTHLY RENTAL FEES FOR OFF EQPT-06/06 ENGINEERING SERVICES FOR BAY MARINA ARCHITECTURAL SERVICES FOR AQUATIC CENTER EMPLOYEES' WORKERS' COMP FOR 05/06 PUBLIC NOTICE REIMBURSEMENT OF CDC OFFICE SUPPLIES PUBLIC NOTICE RENTAL ASSISTANCE FOR PACIFIC VIEW ESTATES RENTAL ASSISTANCE FOR PACIFIC VIEW ESTATES MIS SUPPORT & TELECOMMUNICATIONS FY 06 LIABILITY INSURANCE FOR FY 04-05 PASS THRU PAYMENT FY 05-06 REGULATORY REVIEW FOR ACE METALS CONSTRUCTION AT HIGHLAND AVE, MEDIANS SUBTOTAL - CDC: CDBG REIMBURSEMENT FOR 06/06 FY 06 SUBTOTAL-CDBG: HOME REIMBURSEMENT FY 05-06 1ST QTR-HUD#529 SUBTOTAL - HOME: NCNP FOOD NCNP FOOD NCNP VEHICLE MAINTENANCE FOR 07/05 - 12/05 NCNP FOOD/CONSUMABLES NCNP FOOD NCNP LINEN SERVICE NCNP JANITORIAL SUPPLIES NCNP SHARPENING SERVICE NCNP EQUIPMENT REPAIRS UTILITIES FOR 1415 D AVE (NCNP) NCNP REIMBURSEMENT OF EXPENSES NCNP FOOD/CONSUMABLES NCNP FOOD ARMORED CAR SERVICE FOR 06/06 FOOD FOR NCNP FOOD FOR NCNP FOOD/CONSUMABLES FOR NCNP FOOD FOR NCNP NCNP LINEN SERVICE NCNP CONSUMABLES FOOD FOR NCNP NCNP SHARPENING SERVICE NCNP EQUIPMENT REPAIRS NCNP UTILITIES NCNP MILEAGE REIMBURSEMENT NCNP WATER FOR FEELING FIT CLUB NCNP FOOD/CONSUMABLES FOOD FOR NCNP UTILITY FOR NCNP THRU 06/16/06 SUBTOTAL - NUTRITION: Chk No 16191 16192 16193 16195 16196 16199 16200 16201 16204 16205 16208 16209 16213 16215 16217 16219 16220 16221 16222 16223 16224 16225 16226 16172 16154 16110 16111 16112 16126 16130 16132 16137 16138 16139 16141 16143 16145 16147 16178 16181 16182 16194 16197 16198 16202 16203 16206 16207 16210 16211 16212 16214 16216 16218 Amount 37.80 5,417.50 17,060.00 4,141.26 3,908.50 378.43 750.00 6,380.65 154.19 175.00 2,209.47 4,028.72 6,350.09 161.44 133.42 187.06 26,678.00 2,000.00 57,363.60 59,543.98 878,673.00 264.50 267,196.50 $1,609,952.39 $1,666.67 $1,666.67 $49,942.00 $49,942.00 $379.50 2,634.74 5,227.55 2,210.97 418.85 71.20 1,162.99 21.00 445.85 1,646.91 293.57 1,529.50 618.05 416.46 665.65 4,183.07 6,733.03 1,487.90 128.75 2,033.87 45.00 80.00 120.00 263.26 56.07 43.00 6,517.55 1,199.68 2,237.91 $42,871.88 2 Payee 2004 TAX ALLOCATION BONDS REYES ARCHITECTS AIMONPOW HOUSING ASSISTANCE PAYMENTS ARROWHEAD MTN SPRING WMR CO. CITY OF NATIONAL CITY CONRAD AND ASSOCIATES, LLP NATIONAL CITY COLLABORATIVE PURCHASE POWER STATE COMPENSATION INSURANCE VERIZON WIRELESS XEROX CORPORATION CANO, ALICE CORPORATE EXPRESS INC NATIONAL CREDIT REPORTING PITNEY BOWES STATE COMPENSATION INSURANCE EQUIFAX CREDIT INFORMATION SVS GMAC MORTGAGE XEROX CORPORATION ARROWHEAD MTN SPRING WTR CO. CITY OF NATIONAL CITY CITY OF NATIONAL CITY PAYROLL PAYROLL PAYROLL FOR MEETING OF JULY 18, 2006 RATIFICATION OF EXPENDITURES FOR PERIOD: 05/25/06 - 07/05/06 Description SERVICES FOR ART & CULTURAL CENTER SUBTOTAL - 2004 TAX ALLOCATION BONDS: TOTAL - GENERAL FUND: MANUAL PAYMENTS WATER FILTRATION RENTAL FOR S8 FOR 05/06 POLICE FEES FOR NOVEMBER 2005 SINGLE AUDIT SS FY 05 S8 HOUSING/FSS PROGRAM 05/2006 POSTAGE METER REFILL WORKERS' COMP FINAL PREMIUM THRU 10/2005 CELL PHONE CHARGES FOR 05/2006 S8 OFFICE EQUIPMENT LEASE FOR 05/06 MILEAGE REIMBURSEMENT FOR 05/06 CDC OFFICE SUPPLIES S8 BACKGROUND CHECK MONTHLY RENTAL FEES FOR OFF EQPT-06/06 EMPLOYEES' WORKERS' COMP FOR 05/06 S8 CREDIT REPORT FOR APP/PARTICIPANTS S8 ELECTRICITY CHARGES FOR 05/06 S8 STAPLES FOR XEROX COPIER WATER SERVICES FOR S8 FOR 06/06 MIS SUPPORT & TELECOMMUNICATIONS FY 06 LIABILI1 Y INSURANCE FOR FY 04-05 TOTAL - SECTION 8: g icep x a` 69 'Ui"A iT, goy a v< a PPE 05/09/06 - 05/22/06 PPE 05/23/06 - 06/05/06 PPE 06/06/06 - 06/19/06 TOTAL - ADMINISTRATIVE REVOLVING FUND: Chk No Amount 16140 $11,946.60 $11,946.60 $1,296,798.13 10218 34.47 10219 9,193.46 10220 2,935.00 10221 4,233.33 10222 1,008.49 10223 98.65 10224 224.04 10225 435.15 10226 12.81 10227 400.75 10228 164.05 10229 175.00 10230 1,332.60 10231 50.77 10232 282.45 10233 161.63 10234 34.47 10235 38,242.40 10236 16,540.00 $1,372,357.65 min $84,649.84 94,675.81 95,275.47 $274,601.12 TOTAL OF ALL FUNDS: $3,363,338.31 3 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE July 18, 2006 AGENDA ITEM NO. 48 (ITEM TITLE Resolution - Authorizing the Chairman to execute an Agreement with Harris & Associates for the not to exceed amount of $200,000 to provide as -needed civil engineering and construction management services. PREPARED BY ®!yam DEPARTMENT David Parsons, CDC Project Manager Community Development Commission (619) 336-4297 EXPLANATION Harris & Associates is providing as -needed civil engineering and construction management services to the National City Community Development Commission ("CDC") for several redevelopment projects (Facade Improvement Program, 23rd Street improvements and the Olson site demolition). The proposed Agreement will allow these projects and programs to continue moving forward. Environmental Review The proposed Agreement is exempt from CEQA review. Financial Statement Under the terms of the proposed Agreement, the total fee will not exceed $200,000. Funding is budgeted and available in the 2006-07 Fiscal -Year CDC Budget as adopted. Account No. STAFF RECOMMENDATION Adopt the Resolution Approving an Agreement with Harris & Associates to provide as -needed civil engineering and construction management services and authorizing the Chairman to execute the Agreement. BOARD / COMMISSION RECOMMENDATION None -1. ATTACHMENTS Resolution No. 1. Background Report 2. Agreement A-200 (9/80) Page 1 of 2 RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH HARRIS & ASSOCIATES FOR THE NOT TO EXCEED AMOUNT OF $200,000 TO PROVIDE AS -NEEDED CIVIL ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES WHEREAS, the Community Development Commission (CDC) is implementing the National City Redevelopment Plan; and WHEREAS, the CDC requires services of an as -needed civil engineer to implement the National City Redevelopment Plan; and WHEREAS, Harris & Associates have been the CDC's as -needed civil engineering after being selected through a Request for Qualifications process; and WHEREAS, the CDC desires to retain Harris & Associates to complete civil engineering and construction management services related to implementing street and facade improvements;. and WHEREAS, the CDC has determined that Harris & Associates is a registered civil engineer and is qualified by experience and ability to perform as -needed civil engineering and construction management services. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute an Agreement with Harris & Associates for the not to exceed amount of $200,000 to provide as - needed civil engineering and construction management services. Said Agreement is on file in the office of the City Clerk. PASSED AND ADOPTED this 18th day of July, 2006. Nick Inzunza,Chairman ATTEST: Chris Zapata, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel ATTACHMENT 1 BACKGROUND REPORT Harris & Associates has been the CDC's as -needed civil engineer since November 16, 2004, when the firm was selected through a Request for Qualifications process. Since that time Harris has assisted the CDC with implementing its' facade improvement program, street improvements and demolition projects; specific projects include: • National City Aquatic Center • Removal of railroad tracks for Marina Gateway and Motivational Systems, Incorporated ("MSI") projects • Review of construction documents for FoodLand improvements ■ Highland Avenue plan check • Demolition of buildings vacated by MSI • Las Palmas Park Mapping ■ Diaz development parking • Mapping of Pacific Steel site ■ 23`d & Harrison improvements design CDC staff desires to continue working with Harris & Associates because the firm has been responsive to requests and has provided a wide range of services at cost-effective rates. The proposed Agreement would retain Harris & Associates to continue providing as -needed civil engineering support through the end of the current 2006-07 fiscal year. Among the projects currently known to require civil engineering and or construction management assistance for the 2006-07 fiscal year are: • Construction management/inspection for Highland Avenue ■ Bid preparation and construction management for Commercial Facade Program • Parking solutions for Highland Avenue • Parcel map plan checking • Project support for 23rd and Harrison Avenue Street improvements • Bidding and management services for the Olson site demolition CDC Staff recommends that the CDC Board adopt Resolution No. 2006-XX approving an Agreement with Harris & Associates to provide as -needed civil engineering and construction management services and authorize the Chairman to execute the Agreement. Page2of2 ATTACHMENT 2 AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND HARRIS & ASSOCIATES THIS AGREEMENT is entered into this 18th day of July, 2006, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a municipal corporation (the "CDC"), and HARRIS & ASSOCIATES (the "CONTRACTOR"). RECITALS WHEREAS, the CDC desires to employ a CONTRACTOR to provide as needed civil engineering and construction management services for projects within the National City Redevelopment Project. WHEREAS, the CDC has determined that the CONTRACTOR is a licensed engineering firm and is qualified by experience and ability to perform the services desired by the CDC, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CDC 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, on an as -needed basis as determined by the Community Development Commission's Executive Director. 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 CDC for such services, except as authorized in advance by the CDC. The CONTRACTOR shall appear at meetings as requested by CDC and as cited in Exhibit "A" to keep staff and the Community Development Commission advised of the progress on the project. The CDC 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 CDC and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Patricia Beard hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Javier Saunders 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 $200,000. 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 CDC. 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 CDC and for furnishing of copies to the CDC, if requested. 5. LENGTH OF AGREEMENT. The completion date for this Agreement shall be June 30, 2007. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. 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 CDC for use with respect to this Project, and shall be turned over to the CDC 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 CDC, 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 CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. 2 The CONTRACTOR agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CDC'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 CDC 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 CDC, or for any liability to the CDC should the documents be used by the CDC 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 employees of the CDC and are not entitled to any of the rights, benefits or privileges of the CDC'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 CDC 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 CDC. 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. AU agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CDC 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 CDC, it being understood that the CONTRACTOR, its agents, servants and employees are as to the CDC wholly independent contractors, and that the CONTRACTOR's obligations to the CDC are solely such as are prescribed by this Agreement. 3 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, now in force. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR's trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance, or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CDC otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CDC for any increased costs that result from the CDC'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. 4 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CDC 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 CDC. 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 CDC. 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 CDC 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 Community Development Commission of the City of National City, its officers and employees, against and from any and all liability, Toss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the proportionate extent caused by the CONTRACTOR's negligent performance of this Agreement. 5 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 CDC 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 CDC or its officers, employees or volunteers for, or on account of, any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONTRACTOR's employees. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CDC 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. 6 H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements, or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for,and bear the costs of, its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 7 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. 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 CDC 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 CDC. 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 CDC, 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 CDC by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal 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: 8 To the CDC: Executive Director Community Development Commission of the City of National City 1243 East 12th Street National City, CA 91950 To the CONTRACTOR: Mr. E. Javier Saunders, P.E. Harris & Associates 750 B Street San Diego CA 92101 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept, or the inability to deliver because of changed address of which no notice was given, shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the Community Development Commission 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 CDC 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 CDC in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ 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 CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 9 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or Federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or Federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto, shall be of any effect unless it is in writing and executed by the party to be 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. 10 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. // // // // // // // // // // // // // // // // // Signature Page to Follow 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT HARRIS & ASSOCIATES OF THE CITY OF NATIONAL CITY By: Nick Inzunza, Chairman APPROVED AS TO FORM: George H. Eiser, III CDC Legal Counsel 12 By: Byron G. Vice Presid vier Saunders, P.E. nal Manager EXHIBIT A SCOPE OF WORK When and as directed by CDC, the firms shall perform consulting services for redevelopment projects to include, but not be limited to, the following: 1. Provide professional and technical civil engineering consultation and provide support services to the engineering effort, such as landscape architecture, traffic engineering, surveying, and plan checking services on an as needed basis. 2. Provide civil engineering design for CDC Capital improvement Projects that are not subject to a separate RFQ by the CDC. 3. Evaluate existing utility systems and plan new utility systems to accommodate development. 4. Prepare "D" sheets and bid documents including special provisions and contract specifications. 5. Process engineering drawings and related engineering materials through the National City Public Works/Engineering Departments and other departments as appropriate so as to obtain all necessary permits. 6. Assist in the preparation of bid packages for construction projects. 7. Assist in the scheduling and conducting of the bidding process for construction projects. 8. Attend meetings appropriate to bidding and construction projects as may be directed by CDC. 9. Prepare legal descriptions, parcel maps, consolidation and street vacation maps, process maps, and conduct land surveys as necessary. 10. Provide record maps and prepare as -built drawings as may be required, and process them as necessary to obtain approvals. 11. Provide general drafting as required. 12. Provide landscape and irrigation design services. 13. Provide mechanical, structural, and traffic engineering services as necessary to design/review construction projects. 14. Provide estimating services for demolition, rehabilitation and construction of existing and/or new structures. 15. Provided electrical, mechanical, structural, and traffic engineering services as required. EXHIBIT A Harris & Associates Schedule of Rates Staff Categories Hourly Rates Program/Project Management Executive Project Director $ 170.00 Senior Project Director $ 165.00 Program Manager $ 155.00 Technical Support Coordinator $ 135.00 Program Support Coordinator $ 135.00 Senior Project Manager $ 155.00 Project Manager $ 130-145 Senior Financial Engineer $ 135.00 Financial Engineer $ 125.00 Senior Project Engineer $ 120-130 Controls IT Specialist $ 135.00 Administrative Assistant $ 58.00 File Clerk $ 45.00 Biddability/Constructability Architectural Reviewer $ 115-120 Mechanical Reviewer $ 115-120 Electrical Reviewer $ 110-115 Structural Reviewer $ 135.00 Civil Reviewer $ 115-120 Assistant Project Manager $ 105.00 Civil Design Scheduling Senior Civil Designer $ 135.00 Civil Designer $ 125.00 Assistant Civil Designer $ 98.00 Senior Scheduler $ 135.00 Scheduler $ 120.00 Assistant Scheduler $ 95.00 Claims Management Senior Clams Manager $ 175.00 Claims Manager $ 160.00 Construction Management/Inspection Project Director $ 160.00 Construction Managers $ 120-160 Resident Engineers $ 120-160 Inspectors $ 95-125 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE Tilly 18 2006 AGENDA ITEM NO. 49 ITEM TITLE Authorizing the Chairman to execute a Memorandum of Understanding with the San Diego State University Foundation to provide Business Management Technical Assistance to National City Businesses PREPARED BY Angela Nazareno 1/k Economic Development Manager DEPARTMENT Community Development Commission EXPLANATION In 2004, the CDC collaborated with SDSU Foundation and established the SDSU Technical Assistance Program which has to date assisted 18 local small to mid -size businesses improve and/or expand their businesses. This MOU will provide long-term stability and planning by solidifying this partnership for the next three years. During this period, 24 businesses will be assisted per academic year. In addition, a business retention survey will be designed, developed, and conducted over the term of the agreement. Environmental Review Not applicable Financial Statement Total three year funding requirement is $75,000. Funding is available and budgeted for the 2006-07 fiscal year. [Kr Account No SLG'--Z13._ CVO° STAFF RECOMMENDATION Staff recommends that the Community Development Commission Board Annrove the attached MOU and resolution. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS 1. Memorandum of Understanding (MOU) 2. Resolution A-200 (9/80) Resolution No. RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE SAN DIEGO STATE UNIVERSITY FOUNDATION TO PROVIDE BUSINESS MANAGEMENT TECHNICAL ASSISTANCE TO NATIONAL CITY BUSINESSES WHEREAS, San Diego State University has a School of Business and has agreed to provide assistance to National City businesses in the form of individual consultation by underclassmen and graduate students during a three-year period beginning in the Fall Semester of 2006 and ending in the Spring Semester of 2009; and WHEREAS, San Diego State University School of Business will design, develop, and conduct over the term of the agreement a business retention survey: and. WHEREAS, the Community Development Commission of the City of National City and the San Diego State University Foundation are both desirous of executing a Memorandum of Understanding to provide business management technical assistance to National City businesses. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute a Memorandum of Understanding with the San Diego State University Foundation to provide business managernent technical assistance and to conduct a business survey for the benefit of National City businesses. Said Memorandum of Understanding is on file in the office of the City Clerk. PASSED and ADOPTED this 18th day of July, 2006. Nick Inzunza,Chairman ATTEST: Chris Zapata, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel MEMORANDUM OF UNDERSTANDING BETWEEN COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND THE SAN DIEGO STATE UNIVERSITY FOUNDATION RECITALS A. The purpose of this Memorandum of Understanding is to create a business partnership between the CDC of National City and the SDSU Research Foundation in:<order to provide business management assistance to small businesses located and operated in National City. I. TERMS A. CDC Staff 1. Staffing and Supervision a. CDC will select five (5) professional advisors from the community that can be called upon by the students, SDSU staff and CDC staff to provide community perspective. b. CDC will pre-screen National City businesses, of which twenty-four'(24) will be selected annually to participate in the program. c. If for any reason (1) one or more of the selected businesses is disqualified, the CDC Staff will select the next most qualified businesses. d. CDC will act as the liaisons between SDSU students, staff and businesses. e. This agreement will cover three years of technical assistance from the Fall of 2006 to the Spring Semester of 2009. B. SDSU Students 1. Staffing and Supervision a. SDSU will commit three (3) to four (4) students per business. b. SDSU will commit an advising committee which consists of one (1) professor (Howard Toole, PhD and Don Sciglimpaglia, PhD) and three (3) graduate business students to oversee the undergraduate students assisting the businesses. c. SDSU undergraduate students, graduate students, and professors will provide student "consulting" for twenty-four (24) businesses each academic year (twelve in the Fall semester and twelve in the Spring semester). Approximately one-half of the consulting will be for businesses where the duration of the consulting will be for the entire semester. The remainder of the consulting will be for businesses where the duration of the consulting will be for five weeks or less. Consulting is defined as providing technical assistance, resulting in a written and oral consulting report, to be delivered to CDC and the participating business, in the form of any or all of the following: i. Business plan creation ii. Business expansion iii. Advertising and promotion iv. Web site and use of internet computer training v. Market study or market research vi. Contract bidding vii. Customer relations viii. Cost analysis and control ix. Export/import x. Inventory control xi. Special government program xii. Taxes xiii. Accounting -bookkeeping xiv. Insurance xv. Time management scheduling xvi. Personnel management training d. SDSU graduate students, under the supervision of the faculty members of the advising committee, will provide limited short-term consulting for past participants in the program, primarily aimed at implementing previously made recommendations. Such short-term consulting will be on a time available basis. If it is determined that significant issues still exist with a past participant in the program, then the business shall become a candidate for future consulting. However, preference shall be given to businesses which have not as yet received consulting. II. FUNDING AND FACILITIES A. CDC a. CDC will provide compensation to SDSU Foundation for small business technical assistance within National City over the next three fiscal years. A total fixed fee of $25,000 will be provided by August 15th of each of the three fiscal years (2006, 2007, 2008). The service provided by SDSU Foundation to the City of National is: technical assistance to 12 small businesses per semester ($10,000) for a total of two semesters and/or 24 businesses served, totaling $20,000 a school year. Additionally, a business retention survey will be designed, developed, and conducted over the term of the agreement for a total of $15,000. Thus, this contract is not to exceed a total fixed fee of $75,000. b. The CDC will make available on an as needed basis a "meeting place" for participants of its Business Consulting and Technical Assistance Program. It should have meeting space for student consulting and business meetings or presentations, Internet access and secured filing/storage. B. SDSU Research Foundation a. SDSU will be responsible for compensating SDSU staff. b. SDSU will submit a progress report on the services provided four times per academic year (mid-term and end of each academic semester). IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed by their respective duly authorized representatives on this 25th day of October 2005. SAN DIEGO STATE UNIVERSITY FOUNDATION Dated: By: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Dated: By: Nick Inzunza, Chairman Approved as to form: Approved as to form: George H. Eiser, III General Counsel, SDSU Foundation Legal Counsel City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE July 18, 2006 AGENDA ITEM NO. 50 ITEM TITLE A Resolution approving the First Amendment to the Agreement By and Between the Community Development Commission of the City of National City and Safdie Rabines Architects for services not to exceed $72,000, requesting the Port of San Diego to transfer funds allocated to National City Capital Projects to reimburse the Community Development Commission; and authorizing the Chairman to execute the Amendment. PREPARED BY DEPARTMENT Patricia Beard Community Development Commission Redevelopment Manager EXPLANATION Following a competitive Request for Proposals process, on July 12, 2005, the Community Development Commission ("CDC") approved a contract with Safdie Rabines Architects for architectural services related to the development of the National City Aquatic Center. This resolution would amend the contract in an amount not to exceed $72,000 so that Safdie Rabines will provide design services for public restrooms to be located in Pepper Park. (please see attached sheet) Environmental Review ("CEQA"). Financial Statement reimbursement of these $400,000 remaining in attached sheet for) This project is exempt from the California Environmental Quality Act This amendment includes a cost not to exceed $72,000. A funds will be requested from the Port of San Diego ("Port") from the Port's National City Capital Project Accounts. (please see Account No STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS 1. Background Report 2. First Amendment to the Agreement Resolution No. A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (CDC) AND SAFDIE RABINES ARCHITECTS FOR SERVICES NOT TO EXCEED $72,000 TO PROVIDE DESIGN SERVICES FOR PUBLIC RESTROOMS IN PEPPER PARK, AND REQUESTING THE PORT OF SAN DIEGO TO TRANSFER FUNDS ALLOCATED TO NATIONAL CITY CAPITAL PROJECTS TO REIMBURSE THE CDC WHEREAS, as the result of a competitive Request for Proposals process, on July 12, 2005, the Community Development Commission and Safdie Rabines Architects entered into an Agreement for Architectural Services related to the National City Aquatic Center near/in Pepper Park; and WHEREAS, the Aquatic Center project requires the design and construction of new public restroom facilities for Pepper Park; and WHEREAS, cost -efficiencies will be achieved by including design of the restroom as part of the Aquatic Center agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY: 1. That the Community Development Commission of National City hereby authorizes the Chairman to execute the First Amendment to the Agreement by and between the Community Development Commission of the City of National City and Safdie Rabines Architects not exceed $72,000 for the design and construction of new public restroom facilities for Pepper Park. Said First Amendment to Agreement is on file in the office of the City Clerk. 2. That the Community Development Commission of the City of National City hereby request the Port of San Diego to transfer funds allocated to National City Capital Projects to reimburse the Community Development Commission. PASSED AND ADOPTED this 18th day of July, 2006. Nick Inzunza,Chairman ATTEST: Chris Zapata, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel ATTACHMENT 1 BACKGROUND REPORT After a competitive Request for Proposals process, the CDC selected Safdie Rabines Architects to design the National City Aquatic Center at Pepper Park. To begin the design process, Safdie Rabines conducted a functional analysis which identified the "activity spaces" needed in the facility. The "activity spaces" were then fitted together, like a jigsaw puzzle, to see how they could best be laid out on the small land area available for the project. The existence of obsolete public restrooms on the project site proved to be a significant challenge that would reduce the functionality of the Aquatic Center. At its July 12, 2005 meeting, the CDC was shown layout options for the Aquatic Center which included: 1. Constructing a minimal facility around the existing restrooms, leaving them in place, or 2. Maximizing the facility by demolishing and relocating the restrooms Based on CDC direction at the meeting, staff requested the Port of San Diego ("Port") to allow the demolition of the existing restrooms for the project. Many discussions between staff were held and, at its March 7, 2006 meeting, the Port Commission voted to include the design and construction of the new Pepper Park restrooms as part of its 2008-2012 capital budget. The item was characterized as a "Low" priority, meaning funds will later be identified and construction is not anticipated for some years. In order to obtain permits to construct the Aquatic Center, a Port Master Plan Amendment must be approved by the California Coastal Commission ("CCC"). As the CEQA process began and discussionswere held with CCC staff, it was learned that a delay in constructing the new restrooms, even if replaced by portable units, posed a threat to approval. Port , staff, -suggested design ..of the restrooms ,should begin immediately:. to answer CCC, concerns. - In order :to achieve design continuity, it was recommended by Port staff that Safdi.e.. Rabines .be.,retained as architects for the project. Safdie Rabines believes that cost, efficiencies, could be, achieved if the Aquatic Center and restrooms are bid together ;as one project. , The City Engineer agreed. The resolution under consideration would add the restroom design project to the architectural scope of work for the Aquatic Center to accomplish the necessary timing for the project, .design continuity, and; cost efficiencies. As a member city of the Port, capital i,rnp.rovement funds earmarked for National City remain on account at the Port. These funds ($400,000) are earmarked to assist with construction., of Bay Marina Drive improvements, currently being designed. This resolution would request a transfer of a portion of these funds from Bay Marina Drive to the restroom project. Port staff has committed to seeking Commission approval of account replenishment as soon as :a source of funds can be identified. While staff is optimistic, there is no guarantee at this time that the replenishment will take place. Attachment 2 FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND SAFDIE RABINES ARCHITECTS This Amendment to Agreement is made and entered into this 18th day of July, 2006, by and between the COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY ("CDC"), and SAFDIE RABINES ARCHITECTS ("CONTRACTOR"). WHEREAS, as the result of a competitive REQUEST FOR PROPOSALS process, on July 12, 2005 the CDC and CONTRACTOR entered into an AGREEMENT (the "Agreement") for Architectural Services for the National City Aquatic Center; and WHEREAS, the Aquatic Center project requires the design and construction of new public restroom facilities for Pepper Park; and WHEREAS, cost -efficiencies will be achieved by including design of the restroom as part of the Aquatic Center contract, NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE TO AMEND TO SCOPE OF SERVICES OF THE AGREEMENT AS FOLLOWS: 1 To increase the AGREEMENT design of public restrooms for Pepper Parkfor integration into a comprehensive bidding package that would include the National City Aquatic Center. These tasks will be accomplished at a cost not to exceed $72,000 based on the attached schedule of prices. With the foregoing exceptions, each and every provision of the AGREEMENT entered into on July 12, 2005 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment by vote of the CDC Board at its meeting of July 18, 2006. COMMUNITY DEVELOPMENT SAFDIE RABINES ARCHITECTS COMMISSION OF THE CITY OF NATIONAL CITY By: By: Nick Inzunza Tak Saf Chairman Princip APPROVED AS TO FORM: George H. Eiser, III Legal Counsel EXHIBIT "A" SAFDIE RABINES ARCHITECTS 10 July 2006 Patricia -Beard' 'Redevelopment Projects Manager;;;;, Community bevelopment Commission 140'E.'12'" Street, Suite B - National City, California 91950 1101 Washington Place, San Diego, California 92103.1726 619.297.6153 Fax 619.299.6072 www.safdierabines.com Reference: National City Aquatic Center— Restroom Replacement Design Service Fee Proposal Dear Patricia, We are pleased to submit this proposal for professional services in connection with the Restroom Facility replacement at Pepper Park. It is our understanding that this scope would be added to our Contract/Agreement for integration into a ,comprehensive bidding package that would include the Aquatic Center as well as the Restroom work. We have assembled the following team of consultants to provide professional services for your project: Cost Consultants Campbell Anderson & Associates Civil Engineering CValdo Landscape Architecture and Irrigation Marcie Turrent Structural Engineering GSSI Mechanical, Plumbing, and Electrical Engineering Dahl Taylor & Associates It is our understanding that survey information will be provided. Depending on the final location of the site additional Geotechnical studies may be required for the restroom. Please contact this office if you have any questions or concerns, Re Eric M. Lindebak Safdie Rabines Architects Page 1 of 1 National City Aquatic Center National City, California NE FEES: NEW RESTROOM FACILITY 1.0 2.0 3.0 4.0 5.0 Schematic Design Architectural Basic Services Design Development Construction Documents Bidding Phase Construction Phase Total $39,000 Architectural Design Safdie Rabines Architects $4,600 34,800 $17.000 $1,600 $11,000 Basic Services Consultants $4,000 Structural Engineering GSSI $1,000 $1,000 $1,500 $0 $500 Electrical and Plumbing Dahl Taylor&Associates $1,500 $1,000 52,000 $0 $1,000 $5,500 Mechanical, Cvaldo $1,680 $9,560 $3,380 $0 $560 $15,160 Civil Engineering Marcie Turrent - $500 $500 $1,200 _ $0 5600 $2,800 Landscape Architecture/Irrigation Subtotal Basic Consultants Fee $4,680 $12,060 $8,060 $0 $2,660 $27,460 Total NE Design Fee - $9,280 $16,8601 $25,060 $1,600 $13,660 - S66,460 Estimated Reimbursible Expenses - - $5,540 ___ $72,000 SAFDIE RABINES ARCHIECTS Date: 7/10/2006 Project No.: 0504 Page 1 or 1 «9» II9IHX3 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE March 18, 2006 AGENDA ITEM NO 51 ITEM TITLE Review of Community Development Commission Projects PREPARED BY Patricia Nunn Redevelopment Consultant EXPLANATION DEPARTMENT Community Development Commission On March 25, 2006, the City Council sitting as the Community Redevelopment Commission met to discuss current and proposed projects being undertaken by the staff of the Commission. At the conclusion of that workshop, staff agreed to prepare a matrix showing the status in terms of entitlement, acquisition, permitting and financing for each of the frequently mentioned projects. The information being presented is a follow-up to the March workshop. Environmental Review N/A. Financial Statement None with this action Account No STAFF RECOMMENDATION Give strateeic direction to staff on priority nroi ects BOARD / COMMISSION RECOMMENDATION . ATTACHMENTS Resolution No. A-200 ATTACHMENT 1 BACKGROUND REPORT The Park Village project is located within the Downtown Specific Plan area. It will include two hundred twenty-seven (227) condominium residential units, fourteen thousand (14,000) square feet of retail space, approximately three hundred fifty-two (352) residential parking spaces, fifty (50) retail parking spaces and other on -site improvements on the block bounded by National City Boulevard, 11th Street, Plaza Boulevard and Roosevelt Street. On February 22, 2005 the Community Development Commission ("CDC") approved an Owner Participation Agreement ("OPA") with Beauchamp Family Trust for development of the Park Village Project. On December 13, 2005, a First Amendment to the OPA was approved, assigning development rights and responsibilities for the project to AARB, LLC. In order to proceed with potential Redevelopment Agency acquisition of property for the Project, State law mandates the adoption of the Health and Safety Code Section 33433 Report and Reuse Analysis. The CDC approved the 33433 Report and Reuse Anaylsis at its meeting of January 24, 2006 and transmitted it to the City Council for consideration. The Health and Safety Code Section 33433 Report is attached for review. Fiscal Impact: None with this action. Environmental Impact: A Program Environmental Impact Report has been adopted for the Downtown Specific Plan, in accordance with CEQA Guidelines. The project has been determined to be consistent with the Downtown Specific Plan. Pursuant to Section 15182(a) of the California Environmental Quality Act, the project is deemed exempt from further CEQA review. COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY FISCAL YEAR 2006-2007 PROJECTS CURRENTLY UNDERWAY Bay Marina Drive (Harbor) In design In design revisions $2.1 million Harrison Ave Condos (Harbor) DDA Pending LCPA $10 million LCP Amendment (Harbor) Zone change Comm N/A Marina Gateway Hotel (Harbor) DDA In permitting $35 million MSI Expansion (Harbor) DDA Transferred Nearly Complete $2 million Centro (Downtown) DDA Final map $23 million The Cove (Downtown) DDA/Resos of Nec plan $136.5 million Harbor View (Downtown) N/A In plan check $20 million Holiday Inn II (Downtown) N/A Pending Final map $88 million Marinus (Downtown) N/A Pending Final map $35 million Park Village (Downtown) OPA/Resos of Nec Revising schedule $136.5 million Revolution R2 (Downtown) DDA Pending Final Map $90 million Costco Wholesale (Plaza Bonita area) DDA In CEQA process $45 million Ha Penny Site (East) OPA Tax credits approved $18.5 million Pacific View Terraces (East) OPA/DDA In construction $25 million EPA Harbor Dist Grant N/A Continuing Through 11/06 $200,000 grant Westside Specific Plan N/A Continuing $210,000 Facade Program (Highland/Plaza) Per project Continuing $537,963 Highland Avenue Trees N/A Continuing N/A Program/Micro Loan Program Enterprise Zone PENDING PROJECTS Project (District) Board action Property Status Status Investment ACE Metals (vacant - Harbor) ENA CDC Owns Remediation plan Pending DEH Pending LCPA Unknown National City Plaza (mixed use Downtown) DDA requested CDC owns 2 parcels Downtown Specific Plan $107 million Days Inn Site (mixed use East) ENA CDC owns Due diligence period $4.4 million To date Community Arts Center (Downtown) N/A City owns Design in progress TBD Senior Village (Downtown) Pending CDC owns Community outreach & RFO/P begin planned Unknown Highland Ave medians N/A City owns Pre -construction $2.1 million PROJECTS NOT YET FUNDED Project Name (District) Board Action Project Status Status Cost/Investemeot Aquatic Center (Harbor) Pending Port lease Pending In CEQA Process Funding allocated $ 3 million Pacific Steel Acquisition (Harbor) Pending Pending remediation plan Funding for BNSF portion allocated $9 Port "52 Acres" (Harbor) Pending Port owns majority Community survey being prepared million Unknown Green Village (Downtown) Pending Private ownership Owner Participation process continuing $575 million Marinus Expansion (Downtown) Pending Private ownership Pending private negotiations Unknown Keystone Trailer Park (Mile of Cars) On hold Private ownership Staff report accepted pO P and filed 4-18-06 $8 million Playhouse on Plaza Pending CDC owns Pending Auto Repair Industrial Park Highland Pending Location undetermined Pending Unknown Unknowr Ave Specific Plan N/A N/A Pending Unknow ITEM #52 7/18/06 REPORT FROM THE EXECUTIVE DIRECTOR SEEKING DIRECTION REGARDING THE LETTER FROM THE CHAMBER OF COMMERCE REGARDING EIGHT PARKING SPACES EXECUTIVE DIRECTOR, COMMUNITY DEVELOPMENT COMMISSION 901 National City Boulevard National City, CA 91950-3203 Business: 619 477-9339 Fax: 619 477-5018 E-mail: thechamber@nationalcitychamber.org Web site: www,nationalcitychamber.org June 12, 2006 Chris Zapata, City Manager/ Community Development Director City of National City 1234 National City Boulevard National City, CA 91950 Dear Chris: In previous correspondence, we requested that 8 parking spaces be provided to the Chamber as part of the development of the CDC owned lot south of the Chamber building. Please place our parking request on the next available Council agenda (July 18, 2006) for consideration. As we previously indicated, the closing of 9th Street and elimination of street parking will seriously impact the Chamber's ability to hold workshops and meetings and provide services to its members and the business community. The Chamber building was constructed at its present site to accommodate the City's location preference. In recognition of the parking issue, the Chamber building plans approved by the City provided for 8 on -street parking spaces. Additionally, the Chamber's Building Committee was told by CDC that we would have shared parking with Trophy Lounge in the adjacent lot owned by CDC. In order for the Chamber to remain a viable community organization in an increasingly congested and busy area, we request that 8 Chamber dedicated parking spaces be included in the adjacent development. Sincerely, cik- Melyn Acasio President c.c. Mayor Nick Inzunza and City Council