HomeMy WebLinkAbout2006 08-01 CC CDC AGENDA PKTAgenda Of An Adjourned Regular Meeting
National City City Council
Community Development Commission of the City of National City
Council Chambers
Civic Center
1243 National City Boulevard
National City, California
Regular Meeting - Tuesday — August 1, 2006 - 5:00 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 espano! se proporclona durante sesiones del Consejo Municipal. Los audidfonos
estan disponibles en el pasillo al principio de !a 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
CONSENT CALENDAR
COUNCIL AGENDA
8/1/06 Page 2
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 authorizing the
City Engineer to establish red "No Parking" zone adjacent to the driveway at
616 E. 8th Street. (Pastor Plata, TSC Item No. 2006-15). (Engineering)
4. Resolution of the City Council authorizing the City Engineer to establish red
curb "No Parking" zones on the west side of the three driveways for the
property at 2700 E. 8th A Street. (C. Sheffield, TSC Item No. 2006-14)
(Engineering)
5. Resolution of the City of National City approving and authorizing the
recordation of an encroachment agreement with Christmas in July for
placement of a trailer within the City reserved street right-of-way of the 100
block of west 21st Street. (Engineering)
6. Resolution of the City Council to approve, accept and record Canyon Ridge
Condominiums Subdivision Map located at Rachael Avenue and Blueridge
Street. (S-2004-01, PUD-2004-01, IS-2004-29) (Engineering)
COUNCIL AGENDA
8/1/06 Page 3
CONSENT CALENDAR (Cont.)
7. Resolution of the City Council of the City of National City authorizing the
Mayor to execute a second amendment to the employment agreement
between the City and City Manager, Chris Zapata to restore the full salary of
the City Manager and to grant to the City Manager the executive level
retention incentive granted to other executive employees. (City Attorney)
8. Resolution of the City Council of the City of National City requesting the Port
of San Diego to reallocate $400,000 in Capital Development Project funds
for "Land Acquisition - 24th Street Widening" as follows: 1) to allocate
$72,000 to reimburse the Community Development Commission for
architectural design of restrooms for Pepper Park; 2) to reallocate the
remainder for "Construction - 24th Street Widening" and, 3) to replenish the
allocation for "Construction - 24th Street Widening" to $400,000. (Community
Development Commission)
9. Resolution of the City Council of the City of National City authorizing the
Mayor to execute an agreement designating MBIA MuniServices Company
as the authorized City representative to examine transactions and use tax
(sales tax) records. (City Manager)
10. Resolution of the City Council of the City of National City authorizing the
receipt of an audio surveillance system to the National City Police
Department from the Technology Transfer Program that is administered by
the United States Army Electronic Proving Ground on behalf of the Office of
National Drug Control Policy, Counterdrug Technology Assessment Center.
(Fire)
11. Resolution of the City Council of the City of National City adopting and
integrating the National Incident Management System into the Emergency
Management System to prevent, prepare for, respond to, and recover from
disasters. (Fire)
12. Time Extension Request — Tentative subdivision Map for 47 condominium
units on a property partially developed with a 12,000 square foot
commercial building at 101 East 30th Street. (Applicant: Willard Cheng)
(Case File No. S-2004-3/CUP-2004-2) Planning)
COUNCIL AGENDA
8/1/06 Page 4
CONSENT CALENDAR (Cont.)
13. Temporary Use Permit — Feria: Unidos Contra la Diabetes hosted by the
American Diabetes Association on November 4, 2006 at Kimball Park with
no waiver of fees. (Building & Safety)
14. WARRANT REGISTER # 1 (Finance)
Ratification of Demands in the amount of $1,285,031.50.
15. WARRANT REGISTER # 2 (Finance)
Ratification of Demands in the amount of $368,173.73
PUBLIC HEARINGS
16. Public Hearing regarding levy of assessments for costs of Maintenance
Landscape District No. 1 (LMD No. 1) "Mile of Cars" (City Manager)
17. Public Hearing regarding levy of assessments for costs of the Downtown
National City Property Business Improvement District - "Morgan Square"
(Community Development Commission)
ORDINANCE FOR ADOPTION
18. Ordinance of the City Council of the City of National City amending Chapter
18.108 of Title 18 (Zoning) 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).
(Applicant: City initiated) (Case File No. A-2006-2). (City Attorney/Planning
Department)
NON CONSENT RESOLUTIONS
19. Resolution confirming the Assessment Engineer's Report and providing for
the levy of the annual assessments within a Special Maintenance District.
(Landscape Maintenance District No. 1 — Mile of Cars) (City Manager)
COUNCIL AGENDA
8/1/06 Page 5
NON CONSENT RESOLUTIONS (Cont.)
20. Resolution of the City Council of the City of National City confirming and
approving the Diagram and Assessment Engineer's Report and providing
for the levy of the annual assessment in the Downtown National City
Property Business Improvement District. (Morgan Square) (Community
Development Commission)
21. 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) (Engineering)
22. 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
23. Report: Submission of Fiscal Year 2006-2007 Mile of Cars Association
Annual Budget and listing of current Board Members. (City Manager)
24. Report — Submission of Fiscal Year 2006-2007 Downtown National City
Property Business Improvement District Annual Budget and Board
Members. (Community Development Commission)
25. National City Progress Report — Alpha Project (June 2006- - July 2006)
(Public works)
COMMUNITY DEVELOPMENT COMMISSION
CONSENT CALENDAR
26. Ratifications of Expenditures of the Community Development Commission:
Expenditures for the period of 07/06/06 through 07/18/06 of $247,459.
(Community Development Commission/Finance)
COUNCIL AGENDA
8/1/06 Page 6
CONSENT CALENDAR (Cont.)
27. Resolution appropriating funds and authorizing a reimbursement of
$109,807.19 to the Port of San Diego. (Finance)
NEW BUSINESS
28. Update on National City Marina — Eric Leslie, Pier 32. (Community
Development Commission)
29. Discussion of San Diego Charger Stadium proposal. (City Manager)
30. Resolution of the Community Development Commission of the City of
National City (CDC) authorizing the Chairman to execute an Agreement for
legal services between the CDC and McKenna, Long and Aldridge in the
amount not to exceed $15,000 to retain services of Les Girard in connection
with a potential stadium project. (City Attorney)
31. Resolution of the Community Development Commission (CDC) approving
the replacement of furniture for the Morgan and Kimball Towers to be paid
for with replacement reserve funds. (Finance/Community Development
Commission)
MAYOR AND CITY COUNCIL
ADJOURNMENT
Dispense with the Regular City Council and Community Development
Commission Meeting of August 15, 2006, and Adjourn to - Tuesday — August
22, 2006 - 6:00 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
ITEM # 1
8/1/06
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
8/1/06
City of National City
Office of the City Clerk
1243 National City Blvd., National City, CA 91950-4397
Michael R. Della — 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 August 1, 2006
3
AGENDA ITEM NO.
%ITEM TITLE Resolution authorizing the City Engineer to establish red "No Parking" zone
adjacent to the driveway located at 616 E. 8th Street (Pastor Plata, TSC Item No. 2006-15).
PREPARED BY
EXPLANATION
Adam Landa DEPARTMENT Engineering
EXT. 4394
Pastor Benjamin N. Plaza, of International Bible Baptist Church, has requested the installation of red
curb "No Parking" zone adjacent to their driveway located at 616 E. 8th Street. The Pastor stated in
his letter that vehicles are parking too close to the driveway and are obstructing the entrance and the
view when existing the church.
Staff investigated the site and recommended the installation of 20' of red curb on the west side of the
driveway. And with further discussion recommended 3' on the east side of the driveway.
At their meeting of July 12, 2006, the Traffic Safety Committee approved the 3' on the east side and
20' on the west side of the driveway located at 616 E. Street.
h
Environmental Review N/A
MIS Approval
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION
At their meeting of July 12, 2006, the Traffic Safety Committee approved 20' on the west side and
3' on the east side of red curb "No Parking" zone at the driveway located at 616 E. 8th Street.
ATTACHMENTS ( Listed Below )
1. Resolution
2. Staff Report to the Traffic Safety Committee
Resolution No.
2006-15
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 20-FOOT RED CURB NO PARKING ZONE
ON THE WEST SIDE OF THE DRIVEWAY, AND A
3-FOOT RED CURB NO PARKING ZONE ON
THE EAST SIDE OF THE DRIVEWAY FOR THE
PROPERTY LOCATED AT 616 EAST 8TH STREET
WHEREAS, Pastor Benjamin N. Plata, of the International Bible Baptist Church, has
requested the installation of red curb no parking zones adjacent to the driveway of the church
which is located at 616 East 8th Street because parked vehicles obstruct the view from vehicles
trying to leave the property; and
WHEREAS, at its meeting on July 12, 2006, the Traffic Safety Committee
approved the installation of a 20-foot red curb no parking zone on the west side of the driveway,
and a 3-foot red curb no parking zone on the east side of the driveway for the property located at
616 East 8th Street.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the City Engineer to establish a 20-foot red curb no parking zone
on the west side of the driveway, and a 3-foot red curb no parking zone on the east side of the
driveway for the property located at 616 East 8th Street.
PASSED and ADOPTED this 1st day of August, 2006.
Nick Inzunza, Mayor
ATTEST:
Michael Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
3
NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR JULY 12, 2006
ITEM NO. 20-06-15
ITEM TITLE: REQUEST FOR THE INSTALLATION OF RED CURB "NO
PARKI G" ZONE FOR SIGHT DISTAN E AT THE
DRIVEWAY LOCATED AT 616 E. 8 STREET BY:
INTERNATIONAL BIBLE BAPTIST CHURCH PHONE NO.
477.9151)
PREPARED BY• Adam J. Landa, Engineering Department
DISCUSSION:
Pastor Bejamin N. Plata, of International Bible Baptist Church, has requested the
installation of a red curb "no parking" zone next to the driveway at 616 E. 8`h Street.
Pastor Plata states that vehicles are parking too close to the driveway and are
obstructing the view for vehicles turning left or right onto 8th Street.
The speed limit is 35 m.p.h. According to the speed and reaction time (see attached
chart), the required length of red curb should be 20 feet on the west side of
driveways on 8th Street.
STAFF RECOMMENDATION:
Staff recommends the installation of 20 feet of red curb "No Parking" zone on the
west side of driveway at 616 E. 81h Street.
EXHIBITS:
1. Letter
2. Location Map
3. Photo
2006-15
BENJIE PLATA, Pastor
June 27, 2006
atenationit
bst
616 East 8th Street, National City, CA 9 50
Tel. No. (619) 477-9151
TRAFFIC SAFETY COMMI 11bE
1243 National City Blvd.
CA, 91950
Attn: MR. ADAM LANDA
Assistant Civil Engineer
Dear Sir:
d b z NIT 900/
Attached herewith are pictures showing you how parked cars obscure the vision/sight of
the drivers getting out of the parking lot from the International Bible Baptist Church.
Thus, they provide a blind spot which already killed an old woman last February 15,
2006 and may be the cause of another accident we all want to avoid.
In this regard, may we request your good office to paint our curves red, for at least one
car, both on the left and right sides to have an open vision of approaching vehicles.
Better still, may we request you to send somebody to check for yourselves and make
some recommendations for everybody's safety?
We . looking forward to your i ediate action on this matter.
Si
PASTO
cc: Cristy
LATA
'... ye shall be witnesses unto me both in Jerusalem, and in all Judea, and in Samaria and
unto the most uttermost part of the earth. " ACTS 1:8
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Deceleration Rate d - 12.0 feet per seconds
Reaction Time r = 1.00 second.
Deceleration Distance = dts or44 Vt or VI
Deceleration Time =
Detector Setback = Deceleration Distance + Reaction Distance
= V2 + Vr
V = Speed (feet per second)
d = Deceleration Rate (feet per seconds)
t = Deceleration Time (seconds)
SPEED
SPEED
DEC. TIME
DEC. DIST.
TOTAL TIME
TOTAL DIST.
USE
Mile Per Hour
Feet per Sec.
Second
Feet
Second
' Feet
Feet
25
36.7
3.06
56.1
4.06
92.8
90
30
44.0
3.67
80.7
4.67
124.7
125
35
51.3
4.28
109.6
5.28
160.9
160
40
58.7
4.89
143.6
5.89
202.3
200
45
66.0
5.50
181.5
6.50
247.5
250
50
73.3
6.10
223.9
7.10
297.2
300
55
80.7
6.72
271.4
7.72
352.1
350
60
88.0
7.33
322.7
8.33
410.7
410
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.AEETING DATE
City of National City, California
COUNCIL AGENDA STATEMENT
August 1, 2006
AGENDA ITEM NO.
4
%ITEM TITLE Resolution authorizing the City Engineer to establish red curb "No Parking"
zones on the west side of the three driveways for the property at 2700 E. 8th Street (C. Sheffield,
TSC Item No. 2006-14)
PREPARED BY
EXPLANATION
Adam Landa DEPARTMENT Engineering EXT. 4394
Ms. Cathy Sheffield, the Manager of the Granger Apartments, located at 2700 E. 8th Street, has
requested the installation of red curb "No Parking" zones adjacent to the property's three
driveways. The reason for the request is that people from the neighborhood are parking their
vehicles too close to the driveways. Those vehicles are obstructing the view from vehicles trying
to leave the apartments.
Staff investigated the site and found that all three driveways had 10 to 15 feet of red curb. Staff
is recommending that those red curbs all be extended to 20 feet. This will improve the visibility
of the vehicles leaving the apartments (see attachments).
At their meeting on July 12, 2006, the Traffic Safety Committee approved 20 feet of red curb on
the west side of each of the three driveways located at 2700 E. 8th Street.
1
Environmental Review
N/A
MIS Approval
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Adopt the Resolution. /�
SIC ///
ECOM
BOARD / COMMISSIO MENDATION
At their meeting of July 12, 2006, the Traffic Safety Committee approved the 20 feet of red "No
Parking" zone on the west side of the three driveways at 2700 E. 8th Street.
ATTACHMENTS ( Listed Below )
1. Resolution
2. Staff Report to the Traffic Safety Committee
2006-14
Resolution No.
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 20-FEET OF RED CURB NO PARKING ZONES
ON THE WEST SIDE OF EACH OF THE THREE DRIVEWAYS
LOCATED AT 2700 EAST 8TH STREET
WHEREAS, Cathy Sheffield, the manager of the Granger Apartments located at 2700
East 8th Street, has requested the installation of red curb no parking zones adjacent to each of
the property's three driveways because parked vehicles obstruct the view from vehicles trying to
leave the property; and
WHEREAS, at its meeting on July 12, 2006, the Traffic Safety Committee
approved the installation of twenty -feet of red curb no parking zones adjacent to each of the
three driveways for the property located at 2700 East 8th Street.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the City Engineer to establish twenty -feet of red curb no parking
zones adjacent to each of the three driveways for the property located at 2700 East 8th Street.
PASSED and ADOPTED this 1st day of August, 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 JULY 12, 2006
ITEM NO. 2006-14
ITEM TITLE: REQUEST FOR THE INSTALLATION OF RED CURB "NO
PARKING" ZONE FOR SIGHT DISTANCE AT THE
DRIVEWAYS LOCATED AT 2700 E. 8T" STREET (BY:
GRANGER APARTMENT. PHONE NO.267-8116))
PREPARED BY: Adam J. Landa, Engineering Department
DISCUSSION:
Ms. Cathy Sheffield, the Manager of Granger Apartments, has requested the
installation of a red curb "no parking" zone next to the driveways at 2700 E. 8th
Street. Mrs. Sheffield states that vehicles are parking too near the driveways and
are obstructing the view for vehicles turning left or right on to 8th Street.
Staff has investigated the site and found that all the driveways are painted red. The
lengths are from about 15' to over 20" on each side (see photos). Therefore, the
driveways that have less than 20' of red curb on the west side will be extended to
20'. This would meet the sight distance requirements.
The speed limit is 35 m.p.h. According to the speed and reaction time (see attached
chart) the required length of red curb should be minimum of 20 feet on the west side
of each of the three driveways on 8th Street. There have been no reported accidents
in the past 2-'/2 years.
STAFF RECOMMENDATION:
Staff recommends the installation of 20 feet of red curb "No Parking" zone on the
west side of each of the 3 driveways at 2700 E. 8th Street.
EXHIBITS:
1. Letter
2. Location Map
3. Photo
2006-14
GRANGER APARTMENTS
2700 E 8th Street
National City, CA 91950
(619)267-8116
June 27, 2006
National City Traffic Department
National City, CA 91950
Subject: Request to eliminate existing southern parking available curbside on
E 8th Street at the entrance/exit to Granger Apartments
To Whom It May Concern:
Our concern is for the safety of the vehicles exiting Granger's driveways. With cars
parked on E. 8th Street next to the driveways, visibility of oncoming cars is zero, until it is
too late. Cars leaving must pull out into the street to see if it is clear. This is very
dangerous and several accidents have already occurred. Other apartment communities
along E. 8th Street have extended red areas painted at their driveways to eliminate the
danger.
We ask the same consideration for the Granger driveways. Please extend the red curb
zones to enhance the visibility for vehicles exiting the property. We have three (3)
driveways that are constantly blocked to view the oncoming traffic.
Your immediate attention in this matter would be greatly appreciated.
Sincerely,
Cathy Sheffield
Granger Apartments
Property Manager
Deceleration Rate d - 12.0 feet per second2
Reaction Time r = 1.00 second.
Deceleration Distance = dt2 or•% Vt or V2
2d
Deceleration Time = V
Detector Setback = Deceleration Distance + Reaction Distance
= 2d + Vr
V = Speed (feet per second)
d = Deceleration Rate (feet per second2)
t = Deceleration Time (seconds)
SPEED
SPEED
DEC. TIME
DEC. DIST.
TOTAL TIME
TOTAL DIST.
USE
Mlle Per Hour
Feet per Sec.
Second
Feet
Second
Feet
Feet
25
36.7
3.06
56.1
4.06
92.8
90
30
44.0
3.67
80.7
4.67
124.7
125
35
51.3
4.28
109.6
5.28
160.9
160
40
58.7
4.89
143.6
5.89
202.3
200
45
66.0
5.50
181.5
6.50
247.5
250
50
73.3
6.10
223.9
7.10
297.2
300
55
80.7
6.72
271.4
7.72
352.1
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60
88.0
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8.33
410.7
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.AEETING DATE
City of National City, California
COUNCIL AGENDA STATEMENT
August 1, 2006
5
AGENDA ITEM NO.
'ITEM TITLE Resolution of the City of National approving and authorizing the recordation
of an encroachment agreement with Christmas in July for placement of a trailer within the City
reserved street right-of-way of the 100 block of west 21st Street.
PREPARED BY
Charles Nissley DEPARTMENT Engineering EXT.4396
EXPLANATION
Christmas in July National City, who is currently leasing the property located at 2101 Hoover Avenue, is
seeking an encroachment permit to park a trailer in the street right-of-way along the 100 block of Hoover
Avenue.
Christmas in July has obtained a building permit to construct a new facility on the property at 2101
Hoover Avenue; however this will require the relocation of the current facility, a twelve foot wide by
sixty foot long trailer. Christmas in July will require the use of this trailer until the construction of the
new building is complete. They are requesting an encroachment agreement be approved to place the
trailer in the street right-of-way adjacent to their property as shown in Attachment A.
The proposed location of the trailer will not interfere with any other property or business. The trailer will
be placed to allow vehicles to turn at the intersection of Hoover Avenue and W. 21st Street.
This encroachment agreement shall be for approximately thirty days and the owner of the trailer shall
removeit from the street within seventy-two hours of a Certificate of Occupancy being issued by the City
of National City for the new building.
Environmental Review N/A
MIS Approval
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Adopt the Resolution
BOARD / COMMISSIi7N RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below
1. Resolution
2. Attachment A
3. Insurance
Resolution No.
A-200 (Rev. 7/04firistmas
RESOLUTION NO. 2006 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING AND AUTHORIZING THE RECORDATION
OF AN ENCROACHMENT AGREEMENT WITH
CHRISTMAS IN JULY FOR PLACEMENT OF
A TRAILER WITHIN THE CITY RESERVED STREET
PUBLIC RIGHT-OF-WAY ADJACENT TO THEIR
PROPERTY LOCATED AT 2101 HOOVER AVENUE
WHEREAS, Christmas in July obtained a building permit to construct a new
facility on the property located as 2101 Hoover Avenue, which will require the relocation of their
current facility, 12-foot wide by sixty -foot long trailer, until the construction of the new building is
complete; and
WHEREAS, Christmas in July is seeking an encroachment agreement to park a
trailer in the reserved street public right-of-way adjacent to their property located at 2101 Hoover
Avenue; and
WHEREAS, the proposed location of the trailer will not interfere with any other
property or business, and will be positioned to allow vehicles to turn at the intersection of
Hoover Avenue and West 21 st Street; and
WHEREAS, the applicant has executed an Encroachment Agreement with the
City of National City, which includes a $1,000,000 liability insurance policy naming the City as
additional insured.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby accepts that certain document entitled "Encroachment Agreement"
executed by Cecilia Kirk, and directs the City Clerk to record the same.
PASSED and ADOPTED this 1st day of August, 2006.
Nick Inzunza, Mayor
ATTEST:
Michael Della, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
FEE: $320.00
ENCROACHMENT PERMIT AND AGREEMENT
The City Of National City hereby grants an Encroachment Permit to the undersigned,
C 1547441/5 tti fit. L y (hereinafter referred to as "OWNER") in accordance with
and pursuant to the terms and conditions set forth in Chapter 13.12 of the National City
Municipal Code.
The OWNER is the owner of that certain real property described in the attached Exhibit
"A", or is an owner of personal property that is proposed to be installed in the public right
of way or other public property of the City of National City, County of San Diego, State
of California. The OWNER, in consideration of this grant of permission by the City of
National City (hereinafter referred to as "CITY") to install and maintain certain personal
property or a building, facility or other structure (hereafter designated from time to time
as an "encroachment") within or upon a CITY easement, property or right-of-way for the
use and benefit of OWNER'S property and adjacent lands, now covenants and agrees as
follows:
The site of installation and any description of OWNER'S encroachment is described in
EXHIBIT B, attached.
The terms and conditions under which the encroachment is to be installed and maintained
are as follows:
1. Upon notification in writing by City's City Engineer, the above
described encroachment shall be abandoned, removed or relocated by
OWNER at the owner's sole expense.
2. The said encroachment shall be maintained in a safe and sanitary
condition at all times at the sole cost, risk and responsibility of OWNER
and any successor in interest, who shall hold CITY harmless with respect
thereto.
3. This permit and agreement, when made for the direct benefit of
Owner's land or property above described, and the covenants herein
contained shall run with said land and shall be binding on the assigns and
successors of OWNER. Should OWNER or its successors fail to remove
or relocate the encroachment herein permitted within thirty (30) days after
notice of removal or relocation from the City, CITY may cause such
removal or relocation to be done at Owner's sole cost and expense, which
shall be a lien upon said land. A copy of this encroachment agreement
shall be recorded against any real property of the owner's that is hereby
benefited by the encroachment.
4. OWNER, or assign shall furnish the CITY with a faithful
performance bond as security for the prompt completion of well drilling,
installation, removal, abandonment and all appurtenant operations,
including subsequent street resurfacing, restriping, and any required well
head adjustment, if and when such adjustment will be necessary, in order
to install or maintain the encroachment.
5. OWNER shall indemnify, defend, and hold harmless CITY, and its
officers, agents and employees from all liability, loss, costs, claims,
demands, suits, and defense costs, including attorneys' fees, arising out of
Owner's entry upon and use of City's easement or right-of-way for the
installation, maintenance and use of the owner's encroachment..
6. OWNER and each successor in interest or assign shall take out and
maintain, during the time the encroachment remains on City's easement or
right-of-way, comprehensive general liability insurance with minimum
limits of One Million Dollars ($1,000,000.00) combined single limit per
occurrence, covering all bodily and property damage arising out of this
Agreement.
This policy shall name CITY and its officers, agents, and employees as
additional insured, and shall constitute primary insurance as to CITY and
its officers, agents and employees, so that any other policies held by CITY
shall not contribute to any loss under said insurance. Said policy shall
provide for thirty (30) days prior written notice to CITY of cancellation or.
material change. Prior to commencement of this Agreement, OWNER
shall furnish CITY a certificate of insurance with original endorsements
evidencing the coverage required by this clause. Should owner fail to do
so, City may elect to obtain such coverage at OWNER'S expense or
immediately terminate this agreement.
7. The full terms and conditions under which this encroachment
permit is issued are further set forth in Chapter 13.12 of the National City
Municipal Code, which terms OWNER hereby specifically acknowledges
and agrees to. Owner also acknowledges that those terms and conditions
include, without limitation, the following:
a. The City reserves the right to charge the Owner "fair and
reasonable" compensation for the use of City property retroactive to the
date of construction or installation of the encroachment.
b. The city can require the removal, relocation or
undergrounding of the encroachment when deemed necessary and feasible
by and in the sole discretion of the City Engineer at owner's expense.
8. This encroachment Pennit is not valid and confers no rights to
install and maintain an encroachment until it is accepted by the Owner.
FOR THE CITY OF NATIONAL CITY
Name:
Title:
AGREED AND ACCEPTED:
Dated: t1.�.. y l c �OOb
Person in Responsible Charge
(Print Name)
24 hr. Phone Number
Firm Name
O WNER/APPLICANT
cc �1 LI - J 1 I�
Printed Name & Signature
Printed Name & Signature
014-i tyels
1 N i.c_Ly
2t10 l fIJ.-2 14(k
,v -7a„I,LC..4/0467/7SZ3
Mailing Address
Phone Number
. Attach notary certification for the name shown above. Use California All Purpose
Acknowledgement Notary only.
JS:jha2111
PLAT SHOWING LOCATION OF BUILDING OR OTHER STRUCTURES,
EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE
FACILITIES: SEE EXHIBIT "B" ATTACHED
3
01E00 10) II rOP/.rNu(r1,0µ110.1. 110dnfr��n,xitt�wlf0v� .un.i�.rvili
State of California
County of Son DLeL3o
SS,
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
On July 12-OOIQ , before me, ZaneI'
Date
personally appeared
(ccihia kirk
Printed Name of Notary Public
Printed Name(s) of Signer(s)
personally known to me - or -
proved to me on the basis of satisfactory evidence:
Noform(s) of identification CA LAC.. AQcJ3CBrieI
❑ credible witness(es)
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
Cow/1S0il1!
JANET ONES
(Seal)
WITNESS my hand and official seal.
OPTIONAL INFORMATION
Signature of Notary Public
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of
Eric rcachm of Pcr►`yitf and Nrccrnci+
containing 3 pages, and dated Jul? ie), wow
The signer(s) capacity or authority is/are as:
❑ Individual(s)
❑ Attorney -in -Fact
i1 Corporate Officer(s)
Guardian/Conservator
I I Partner - Limded/General
f 1 Trustoe(s)
I Onctar.
representing:
Tltle(s)
of 'elsonfs) w tl trt le <, (ne-em'mg
Additional information
❑ Additional Signer(s) ❑ Signer(s) Thumbprint(s)
❑ Other
C 0 right 2004 Not
Rotary. Inc 9i5 .i0ih SI Des Moines, IA 5:031_-3612 CF02 02,0,1 To re order call mil -beer 1 3a40SE0 ,.sit us 00 the 1 velvet at n
1,00 shop.con
S f�
SfT ALL-K,
Io`
Cw oc-GLC
11;Xbo'
/03
/33/
Christmas in July * National City
2101 Hoover Avenue
Tel: (619) 477-5532
Fax: (619) 477-5006
E-mail: christmasinjulync(cr�,yahoo.com
;1 DEv�1�L-K
hi."rr LfULAClIT ‘/1'
Christmas in July * National City
2101 Hoover Avenue
Tel: (619) 477-5532
Fax (619) 477-5006
E-mail: christrnasinjulvnc yahoo coin
A
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3
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City of National City, California
COUNCIL AGENDA STATEMENT
,MEETING DATE August 1, 2006
6
AGENDA ITEM NO.
(-ITEM TITLE Resolution of the City Council to approve, accept, and record Canyon Ridge
Condominiums Subdivision Map located at Rachael Avenue and Blueridge Street (S-2004-01, PUD-
2004-01, IS-2004-29)
PREPARED BY
EXPLANATION
Adam Landa DEPARTMENT Engineering
EXT. 4394
Pacific Scene Homes, the owner of the Canyon Ridge Condominiums Subdivision, has submitted a final
map for the property located at Rachael and Blueridge Street for the City Council's approval,
acceptance, and filing with the County Recorder.
The final map consists of 21 residential condominium units. The Planning Commission, on April 4,
2005, reviewed and approved the tentative map. The City Council approved the tentative map by
Resolution No. 2005-116 on June 7, 2005.
The Engineering and Planning Department have now approved the final map. There are no street
dedications on this map.
2
X
Environmental Review N/A
MIS Approval
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Adopt the Resolution.
G.
BOARD / COMMISSION RE •O MENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
1. Resolution
2. Subdivision Map
canyon
A-200 (Rev. 7/03)
RESOLUTION NO. 2006 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
TO APPROVE, ACCEPT AND RECORD
THE FINAL SUBDIVISION MAP FOR CANYON RIDGE
CONDOMINIUMS LOCATED AT
RACHAEL AVENUE AND BLUERIDGE STREET
(CU P-2004-01)
WHEREAS, at a regular meeting of the City Council held on June 7, 2005, the City Council•
adopted Resolution No. 2005-116, approving the tentative subdivision map for Canyon Ridge
Condominiums located at Rachael Avenue and Blueridge Street, generally described as:
Being a subdivision of a portion of Tract 600 of Lincoln Acres Annex No. 3, in the
City of National City, County of San Diego, State of California, according to Map
thereof No. 1754, filed in the Office of the County Recorder of San Diego County,
June 11, 1923.
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 by the City Council of the City of
National City that the final subdivision map for Canyon Ridge Condominiums located at Rachael
Avenue and Blueridge Street 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 1st day of August, 2006.
Nick Inzunza, Mayor
ATTEST:
Michael Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
MAP NO.
CANYON RIDGE
CASE NO. S-2004-12 IN THE CITY OF NATIONAL CITY
OWNER'S STATEMENT
WE HEREBY STATE MAT YE ARE ME MINERS OF. OR ARE IN1E9E51E0 IN THE LINO
EMBRACED WITHIN THE SUBON90N TO BE KNOW A5 'CANYON RICGE SUBONSON, AND
T.E HEREBY CONSENT TO TIE P9EPARATIOH AND RECORDATION OF MIS MAP CONSISTING
OF 5 SHEETS AS DESCRIBED IN THE CAPTION THEREOF.
RACHP£L AVENUE PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP
BY.
0JIEN EMS
1111:
STATE OF CAUFORNIA
Ca)NTY Of
DATE
} S.S
BEFORE ME.
A NOTARY PUBLIC , PERSONALLY
APPEARED AND
PERSONALLY KNOTN TO ME OR PROVED TO ME ON THE BAPS OF SATISFACTORY EVDONCE TO BE THE
PERSON(5) WHOSE NAME(S) 15/ ARE SUBSCRIBED TO 11E WITHIN INSTRUMENT AND ACKNOMEDGEO TO
ME MAT HE/ME/MET EXECUTED 111E SAYE IN HIS/HER/THEIR AUTHORIZED CAPACITY(IE5), ARD
MAT BY HIS/HER/THEIR SCNAMRE(S) ON THE INSTRUMENT, THE PERSONS) OR THE EN1TY UPON
BEHALF OF MI1CN THE PERSON(5) ACTED, EXE021E0 111E INSTRUMENT.
VOTRESS MY NANO
9GVAMRE
PRIM NAPE
NY COMMISSION EXPIRES ON
uY PRINCIPAL PUCE OF BUSINESS IS IN COUNTY.
SI _ A IRE OMRS410N STATEIMIJT
ME SIGNATURES OF ME PARKE5 U5TE0 BELOW, OWNERS OF EASEMENTS PER DOCUMENTS
NOTED BELOW HAVE BEEN OMITTED UNDER TIE PROVISIONS OF SECTION 66436. SUBSECTION
RIPEN INTO AA FEE TICr nee SUBDINSCH MAP RE ARO SAID 909*1(0EESS A E NOT REQUIRED INTEREST 5SUCH THAT IT CANNOT
BY0 1410 GOVERNING BODY.
1. SAN DIEGO GAS G ELECTRIC COMPANY FOR M EASEMENT EC0RDE0 JULY 13, 1925 IN
OK. 1066. PG. 352 IN BOOK OF DEEDS MO AN EASEMENT RECOR0E0 OCTOBER 7, 1975
AS INSTRUMENT N0. 275506, 0.11,
2. ME CITY OF 5AR DIEGO FOR AN EASEMENT FOR MIBUC SEWER 0R SEWERS AND
INDGENTAL PURPOSES. RECORDED AUGUST 30, 1972 A5 INSTRUMENT N0. 231936, O.P.,
AN EASEMENT FOR 5AI0 PURPOSES RECORDED FEBRUARY 2, 1970 A5 INSTRUMENT N0.
16965, OR.. AND AN EASEMENT FOR SAID PURPOSES ECORDE0 APRIL 22. 1920 A5
INSTRUMENT NO. 69490, OR.
3. SILYER F. POTTER. AS HOLDER OF M EASEMENT RECORDED MAY 11, 1948 IN BOO( 2792.
PAGE 9, D.R.
4, LUPE CARLOS LOPEZ ARO ELEANOR LOPEZ. A5 HOLDER O AN EASEMENT RECORDED
GECEEHBER 15. 1911, AS INSTRUMENT NO. 517717. O.R.
Burkett & Wong Engineers
3434 4TH AVE - SAN DIEGO, CALIFORNIA 92103
TEL: (619) 299-5550 - FAX: (619) 297-3189
BEING A SUBOINAON OF A PORTION OF TRACT 600 OF UNCOIN ACRES ANNEX N0.
3. IN THE CITY OF NATIONAL CI1Y, COUNTY Of SAN DIE00, STALE OF CALIFORNIA.
ACCORDING TO NAP THEREOF N0. 1756, OLEO IN 111E OFFICE OF THE COUNTY
RECORDER Of SAN DIEGO COUNTS JUE 11, 1923.
FOR COMPLETE METES AN0 BOUNDS LEGAL DESCRIPTION Of THE BOUNDARY OF
M15 SUBDIN5PN, SEE CERTFIEO RILE COMPANY DESCRIPTION AND REPORT O1
FILE IN THE OFFICE OF THE CITY ENGINEER.
SUBDIVISION GUARANTEE 8Y FIRST AERICAN TIRE COMPANY ORDER N0. 1463390
DATED MARCH 20, 2006.
SINE? 1 Of 5 SETS
smarms STAT6®2T
I. JAPES L IICIEI, A PROFF59p1AL LAND SURVEYOR. STATE THAT THIS MAP IRA5
PRPPMED BY 4E OR UMDIR 4Y DIRECTION AND IS BASED UPON A FEUD SURVEY IN
CONPOR4ARCE IR1HH HE REQUIREMENTS O INC SUBOIM9ON MAP ACT MO LOCAL
ORDINANCE AT TIE REQUEST a: RAENAEL AVENUE PARTNERS. A CALIFORNIA
11Y1E0 PARTNERSHIP N SEPTEMER. 2004, AIO 15TATE I1AT SMU SURVEY IS
TRUE AND COMPLETE AS SNORE AND THAT ALL STAKES, MONUM01T5 AND MARKS
FOUND, TOGETHER 'EWM THOSE SET. ARE OF CHARACTER INDICATED OHO OCCUPY
THE PORTIONS 9101N THEREON, AND ARE S1F10EIIT TO ENARIE THE SURREY 10
BE RETRACED (SEE LEGEND ON SHEET 2).
I HEREBY STATE THAT T1)5 FINAL MAP SUBSTANTIALLY CONFOIAS TO 111E
APPROVED OR CO610I710NALLY APPROVED TENTATIVE MAP, IF MY.
JAPES L MEYER LS 4301
EMPIRA1ION: 6-30-2000
DAZE:
CRY ENGR1EIE5 STATL®FT
STATEMHAAT INN SPEEDO.
M9 IMP PP THAT INS EDAM M901 CITY Yr IS PRISTMIR ME
5NC AS R NAKANO 01111E 1ESTAA9E 4AP, A ANY, AM ANY *ORO O NIERA4015
TEEM, THAT AU. ME PRO6906 6 AR 9NNN11901 NAP ACT MO 6 AM iQX
ORDINANCE Or SON CITY HNC GOIMMD WIN ACID II PI SARN O HAT 1 R NM R�IE0PACP4J.t OCf THE FCT.
RORATO SNIC0DO.
PUMP WORN DIRECTOR
ME BUTT. OINKS 3/31/2001
OOTT,,CMFTNAI, 6 AIWA EBY MD
THAAT M CITY CONU BY PENV CLERK O90LMB NR W LL
HAS ARNOW) DES 46P.1 ALSO MOM ANT THE PROPER Kew 00110E 1MS mot OMIT
6104*0ID 1N5 NKIM90N.
EH
NIX ARM5A MAYOR 061lD
On OF MANE OTT, CMAVMA
07
MOP. R OML.A, ON CLERK OF OATm
CITY O MAINNM. ON, GAMMON
TAX COLEEC7OR'S CARFRATE
L TOMS 4 PASITAHU. CUM 6 111E ROM O SUFEMASORS HERESY EDIT., TNT
THE pPROM901S O ME 9JmIM90N NH ACT (OIW90 2 Cr TTE 1 611E NWCYEST
IC�EM1�,1) IECNMH9 0 9@G919 NO TANS MD (0) WIEIG11O1 Cr ME PONCE Cr
COILEC1�E) AS TOES UNPAID AEXCEPT COUNTY.
NOTVETPAAYAOR LM THAW BEEN 6CMM� 9*141,
now J. PASNSDN
OW! Cr TIE E2910
OF SPONSORS
RA
0EMI1Y 0A76
RECORDER'S CRUPR:A1Z
Fix MO
1 G EGORY J. SIA1N. RECORDER OF THE COOITE 00 SAN 01 00. HEREBY CERTIFY MAT
HAVE ACCEPTED FOR REGOROARCIN IRS IMP AT THE REQUEST OF ,AMES L MEYER
FEED TI15_ DAY OF 200R, AT_0030A, M/PEI,
FED HOEGORY A SHIM . 000NN RECORDER
Bc
OFN)N
QE LID 2139E-4 Ica lac 1.522-6.304 Lc 182-1, Ta
MAP NO.
(N31'2T18'E 65.50)
N4O'34"3TE ' 63.66'
396
25'
(R)
25.73'
(25.73'
1
\� �L.3O6 •
IPDER�� I6476N0 TAC), ACfEP1ED
N17.40'4611 64.10'
(S,9131'06'E 64
397
MAP 1754
Burkett & Wong Engineers
3434 4TH AVE - SAN DIEGO, CALIFORNIA 92103
TEL (619) 299-5550 - 1.90: (619) 297-3159
F0. I I.P. PITH TAG STAMPED
'SAN DIEGO Ott ENGR." PER
CR 15715.
(L.NI. 5' P.30.31' 6.44'40'46')
1D. 2' I.P. MM TAG STAMPED
2 'RCE26112" (N0 RECORD),
C2
111746'40"W 9
PAR �..� PM 3693
2 CR 15715
FAR ED. 1' I.P. MTH TA
STAMPED 'SAN DIEGO CI
<72.76'3 1/ ENGR.' PER CR 15715.
72.73' PAR 4
121.94' IT2I, 7
` 31696' 11419TIEODY 316.037
N7214'31'E 40.00'
4N70S9•Wi 40.005
FD. 3/4' I.P. (NO TAG),
ACCEPTED PER MAP 6476. FOR, OF TRACT 600
117213 27'E M.OI'
(N7Oe9.00'E 70.00) LINCOLN ACRES ANNEX N0. 3
MAP 1754
CANYON RIDGE
PROCEDURE OF SURVEY
(SEE SHEET 4 FOR EASMENTS OF RECORD)
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
C22
21.66'
421.66'>
39.31'
09.315
31'34.25'
431.341305
PM 3693
M .11'
20
.l RAcH,Aa. MAMIE
70933' (709.30)
`�6Q2
sos
r'A
J J
`,4 r
a; `fi:
1D. 2' I.P. 1111HVVAAG
STAMPED RCE 26346'
PER ROS 13642.
1 2
2" LP. 114011 TAG
ED 'RCE 263
PER R0S 1364
CR 7723
9
.UNG St /03.;. t
5a70TO,
d �+'Ad s.
1. 3.f
.µN��. (AAO"1
PARADISE HILLS UNIT NO. 2
MAP 2068
BLK. 39
GO o< 0�63
60 30 0
I
60
120
3
(518'46'01'E 451.07)
N1732'91'9 450.96'
Q8h
SUET 8 OP 5 SKIS
INDICATES POUND STANDARD SUR.E1'
STREET MONUMENT PER PM 3693.
UNLESS 01NERMSE NOTED
INDICATES FOUND 0♦0 STAMPED 14CE
12096' PER PM 3603. UNLESS
01740999E NOTED
INDICATES FOUND 4i' I.P. AND TAG STAMPED
RCE 19073' PER PM 6476, UNLESS
0114ER615E NOTED.
INDICATES FOUND 2' I.P. MTN TAG STAMPED
'RCE 26546' PER R05 13642, UNLESS
01NFRMSE NOTED.
INMATES SET 2' I.P. AND TAG STAMPED
1s 4311T.
INDICATES RECORD DATA PER
NOS 13642
INDICATES RECORD DATA PER
NAP 1734
INDICATES RECORD DATA PM
6476
INDICATES RECORD DATA PM
2 I.P. MTH TAG 3693
STAMPED RCE 28546' INDICATES RECORD DATA PER
PER R05 13642 MAP 1754
INDICATES NNAL MAP BOUNDARY. , — —
SASS OF BEARINGS
THE BASIS OF OWNGS FCR 1N5 MAP IS THE NAD
61 LONE 6, CRC BEARING BETTE. CITY OF SAN
DIEGO CAPS MONUMENT N0. 1247 (N 1,026,153.713 E
0.307,05125) AND NO. 1251 (N 1.523907.67, E 6,
311,42552) PER RECORD OF SUMET MAP NO. 14492.
LE N 65'27.19' W
111E COWNED SCALE FACTOR AT STATION N0. 1251
IS IA000146.
GRID DISTANCE -GROUND C4STANCE P COON. SCALE
FACTOR.
DISTANCES 910*1 04 TI9S MAP FIE (ROUND VALUES
VMESS STATED 011051103E,
BASIS OF BEARINGS OETNL
NOT TO SCALE
F0. LEAD 6 BRASS TAG, AC EP1E0
AS STA 1251 PER 705 14492
N 1,023,607.67
E 6,311,425.132
SD. LEAD 6 BRASS TAG, ACCEPTED
AS STA. 1247 PER R05 14462
N 1826163.70
IW E 8,307,95123
SCAR U MT
I Ina • 60 (L
IV
O / \\4
;W / \
/
A.447
n/ 4N7214'40' 23150'
00.
I GAY 1012004-12 ' LO MC 1,621-6,504 ' LC 152-1,743
CIO
240.16'
(PRIVATE STREET)
N t7'45'29' W 222.19'
- 40.00'
40.27," • 40.00 40.00
Wn $ ,SEE SNEETS 2 M 4'l
T. I10.50' 2
a ' I 40 00
N17'40'4611E
64 10.
J
N174514'W
N2214'46'E
23
COMMON LANDSCAPE LOT
1.5.5
40
N 17'45'29'
OETAIL 'A'
•
•
40.00'
213.60'
N1745'29'W 122.12
40.00'
•
•
Pt
4,7 47ye.
T 9
•
3 ♦
0 40 60 120 s
4
SCARS IN 2L87 ♦
1 inch = 40 2L.
A25'
Burkett & Wong Engineers
3434 41N AVE - SAN DIE50. CALIFORNIA 92103
TEL 4619) 209-5550 - FAX (619) 297-3139
\♦
ILk'1 �f
CANYON RIDGE
N 1745'29' w 709.53'
N1995'49'
31.60'
NS013'40'W
12.20'
N5012'40'17 4.
74529'
414.52'
126.14'
24
OPEN SPACE LOT
/
DETAIL •A•
NOT 10 SCALE
-
/
ee
DETAIL •B'
NOT 10 SCALE
r
MAP NO.
97219,099E
1050' 23
N5942'20'E
C
/
l
7214'31
26.31'
SHI T 9 OF 5 MEETS
N N
2dICAIES
f1NAl YAP.
BOUNDARY
IN0:A1E5 NEW LOT UNE .
SE =ENO ON MEET 2 FOR
MONUMENT INFORMATION
A••®O
ABBREVRLTTORS
17101CA1E5 NAOIAL BEARING (9)
I
I ROTLS
1. MESS OTgMSE BLON4 ON .5 YIP
A. ALL LOT 02NIERf MEAT AS OESOAND
r' 00.0N 111/. E YW4A9I 9T A 3/49 X I5'
m1 MON me NW A DISK NAN. 1S 400r.
'w O. LOT mNoa ALUM TN6 Y'flSC 6
jO' PNVA15 SAFET (tor 22. A9 6NOW memo. IVEN1-6-'N1 DINS E YOINIYQNO3 ST A
OM NARKED u 00E. SET AL5c AN
E10940N OF 11E LOT INE AT A OFFSET OF
�I MALL E IE100 FUT RIME SIDEVNK. 1NE OFFSET
L 09A® RIONLT. OR AT NEW
'ANDIES TO TED. -6-WUM Y E ,ESS
0. ALL MMUS OF ON4E OF ME 90ONf5 OF
PRIVATE STRUT (LOT T2 A5 MOM IEE01)
M. E IIWNR1011m 5T A OSA NM9tfD T.
43oi. 2T AT N1 6i0 6100 FEET N
1 1E SNENM9, RE 6TST 0091 E
1 112‘5151 91NNLY.
2. IOTA. AMEN OF LOTS FOR MS AMR96FO1
IS N.
1 AREA N 940071904 . 5.95 AC4ES
MI DISTONCES NM OR STREET MIAs
I A MM. NINO.T OCOINS REPRESENT MAT
OINMICE TO T00 100402I42
5. ILL 142V51E ENII NO 01N9AE 5761045
AS DART OF 11E5 MM.. ARE TOE TIE
EE019N1tt? 11E NONE 0Wl15'S
ASSOOAUU4.
CURVE TABLE
009EE
!MIN
RAN05
06TA
CI
144r
27.50'
3009'OS'
C2
25.75'
24.50'
601224'
C3
12.10'
27.50'
2512'06'
C4
27.99'
2200'
9400'99'
C5
29.28'
24500'
6a0'46'
56
31.07'
245.00'
71859'
C7
2026'
24000'
9'3631
08
40.35'
245.00'
926'a9'
C9
989'
24E00'
218'44'
C10
3128'
4600'
3719'36'
CII
3665'
39.31'
4440'30'
012
37.73'
S7.00'
S8a1'34'
CI3
31.60'
2100'
784526'
C14
2054'
57.00'
2078.45'
515
48.55j
2E00'
11111'49'
C16
7.E8
10.00'
4.12017'
CI7
37.70'
24.00'
909015`
CIO
39.27.
25.00'
90'0'00'
021
294'
1000'
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Burkett & Wong Engineers
3439 419 AVE - SAN 01E30, CALIFORNIA 92103
13L: (619) 299-5550 - GAIt: (619) 292-3199
CANYON RIDGE
PROPOSED EASEMENTS
01 PROPOSED WATER EASEMENT TO BE GRANTED TO
SWEETWATER AUTHORITY DISTRICT BY SEPARATE DOCUMENT
SCALE: 1'-20•
O PROPOSED PRIVATE SEWER EASEMENT TO BE GRANTED TO
HOMEOWNER'S ASSOCIATION BY SEPARATE DOCUMENT
SCALE: 1'-20'
SCFRSt 5 OF 5 SHUTS
' CA4110. 3004-12
03 a 1.522-6.304 I lC 162-1,243
CANYON RIDGE
CASE NO. S-2004-12 IN THE CITY OF NATIONAL CITY
INTERESTED IN THE LAND
IYON RIDGE SUBDIVISION-. ANO
ION OF THIS MAP CONSISTING
NERSHIP
kS1S OF SATISFACTORY EVIOENCE TO BE THE
WITHIN INSTRUMENT ANO ACKNOWLEDGED TO
/THEIR AUTHORIZED CAPACITY(lE5). AND
IT, THE PERSON(S) OR THE ENTITY UPON
INSTRUMENT.
COUNTY.
BEING A SUBDIVISION OF A PORTION OF TRACT 600 OF UNCOLN ACRES ANNEX NO.
3. IN THE CITY OF NATIONAL CITY. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
ACCORDING TO MAP THEREOF NO. 1754. FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JUNE 11, 1923.
FOR COMPLETE METES AND BOUNDS LEGAL DESCRIPTION OF THE BOUNDARY OF
THIS SUBDIVISION, SEE CERTIFIED TITLE COMPANY DESCRIPTION ANO REPORT ON
FILE IN THE OFFICE OF THE CITY ENGINEER.
SUBDIVISION GUARANTEE BY F1RST AMERICAN TITLE COMPANY ORDER NO. 1463390
DATED MARCH 28. 2006.
SURVEYOR'S STATEN!
I, JAMES L. MEYER. A PROF
PREPARED BY ME OR UNDE
CONFORMANCE MATH THE Ft(
ORDINANCE AT THE REOUE`.
UMITED PARTNERSHIP IN SE
TRUE AND COMPLETE AS 9
FOUND. TOGETHER WITH TH
THE POSITIONS SHOWN THE
BE RETRACED (SEE LEGEND
I HEREBY STATE THAT THIS
APPROVED OR CONDITIONAL
JAMES L MEYER LS 4;
EXPIRATION: 6-30-2006
DATE:
CITY ENGINEER'S ST•
1, ROBERTO SAUCEDO, PUBLIC
STATE THAT 1 HAVE EXAmiNED
SAME AS IT APPEARED ON TH
THEREOF. THAT ALL THE PRO
ORDINANCE OF SAIO aTY APP
HAVE BEEN COMPUED MATH, A
ROBERTO SAUCEDO,
PUBLIC M)RKS DIRECTOR
RCE 29671, EXPIRES 3/31/2C
CITY CLERK'S STATE
VIE. NICK INZUNZA, MAYOR, 1
CITY, CAUFORNIA, HEREBY Ci
HAS APPROVED THIS MAP. 1
APPROVING THIS SUBDIVISION
BY:
s+'EETING DATE
City of National City, California
COUNCIL AGENDA STATEMENT
August 1, 2006
7
AGENDA ITEM NO.
L
ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE
MAYOR TO EXECUTE A SECOND AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN THE CITY AND
CITY MANAGER CHRIS ZAPATA TO RESTORE THE FULL SALARY OF THE CITY MANAGER, AND TO GRANT
TO THE CITY MANAGER THE EXECUTIVEkEVEL RETENTION INCENTIVE GRANTED TO OTHER EXECUTIVE
EMPLOYEES
PREPARED BY George H. Eiser, III t" DEPARTMENT City Attorney EXT. 4221
EXPLANATION
The City entered into an employment agreement with City Manager Chris Zapata on
January 20, 2004, which agreement provided that the City Manager would receive an annual
salary of $165,000.
Due to a shortfall in the City's General Fund, and upon the recommendation of the City
Manager, in December, 2005 the City Council amended the employment agreement to reduce
the salary of the City Manager by 10% to $148,500. The amendment provided that the City
Manager's salary would automatically be restored to its original level on the first pay period in
January, 2007, unless he and the City Council mutually agreed to another date.
With the passage of Proposition D, the City Council has expressed its desire to restore
the City Manager's salary to its original level. Further, the Council wishes to grant to the City
Manager an executive level retention incentive, as granted to other executive level employees,
in the amount of $3,500. The proposed resolution would authorize an amendment to the City
Manager's employment agreement to restore his salary to $165,000, effective July 18, 2006,
and would authorize payment of a $3,500 one-time executive level retention incentive.
Environmental Review
X N/A
MIS Approval
Financial Statement
Funds are budgeted.
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Adopt resolution.
BOARD / COMMISSION RECOMMENDATION
N/A
'TACHMENTS ( Listed Below )
Resolution
Second Amendment to Agreement
Resolution No.
A-200 (Rev. 7/03)
RESOLUTION NO. 2006 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY AND CITY MANAGER CHRIS ZAPATA
TO RESTORE THE FULL SALARY OF THE CITY MANAGER, AND
TO GRANT TO THE CITY MANAGER THE EXECUTIVE LEVEL
RETENTION INCENTIVE GRANTED TO OTHER EXECUTIVE EMPLOYEES
WHEREAS, the City of National City and Chris Zapata entered into an
employment agreement dated January 20, 2004; and
WHEREAS, due to a shortfall in the City's General Fund, upon the
recommendation of the City Manager, the City Council in December, 2005, amended the
employment agreement to reduce the salary of the City Manager by 10%, to $148,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute a Second Amendment to Employment
Agreement with Chris Zapata amending Section 3 pertaining to compensation, to restore the
City Manager's salary to $165,000, effective July 18, 2006. Said Amendment is on file in the
Office of the City Clerk.
BE IT FURTHER RESOLVED that the City Manager is granted a one-time
executive level retention incentive of $3,500.
PASSED and ADOPTED this 1st day of August, 2006.
Nick Inzunza, Mayor
ATTEST:
Michael Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
This Second Amendment to Employment Agreement is made and entered into
this 1st day of August, 2006, by and between the City of National City, a municipal
corporation (hereinafter called `Employer") and Chris Zapata, an individual (hereinafter
called "Employee").
RECITALS
A. Employer and Employee entered into an Employment Agreement ("the
Agreement") dated January 20, 2004.
B. On or about December 6, 2005, Employer and Employee amended Section 3
of the Agreement, pertaining to Employee's compensation, by adding
Subsection D thereto, which reduced Employee's salary by ten percent (10%).
C. Employer and Employee wish to amend the Agreement by again amending
Section 3 of said Agreement, to delete Subsection D of Section 3 from the
Agreement, in order to restore Employee's salary to its original level,
effective July 18, 2006.
NOW, THEREFORE, in consideration of the mutual benefit to be desired
therefrom, Employer and Employee agree that effective July 18, 2006, Section 3 of the
Agreement is hereby amended to read as follows:
Section 3 Compensation
A. Base Salary: Employer agrees to pay Employee an
annual base salary of $165,000, payable in installments at the same time
that the other executive employees of the Employer are paid.
B. This Agreement shall be automatically amended to reflect
any salary adjustments that are provided or required by the Employer's
compensation policies.
C. Consideration shall be given on an annual basis to increase
salary, based upon increases in the Consumer Price Index. Any additional
increase in salary shall be dependent upon the results of the performance
evaluation conducted under the provisions of Section 12 of this
Agreement.
With the foregoing exception, each and every provision of the
Employment Agreement dated January 20, 2004, shall remain in full force
and effect.
Second Amendment to Employment Agreement
August 1, 2006
Page 2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first above written. '
CITY OF NATIONAL CITY
By:
Nick Inzunza, Mayor Chris Zapata
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
City of National City, California
CITY COUNCIL AGENDA STATEMENT
MEETING DATE August 1, 2006 AGENDA ITEM NO. 8
ITEM TITLE
A Resolution of the City Council of the City of National City requesting the Port of San Diego to
reallocate $400,000 in Capital Development Project funds for "Land Acquisition — 24th Street
Widening" as follows:
1. to allocate $72,000 to reimburse the Community Development Commission for architectural
design of restrooms for Pepper Park
2. to reallocate the remainder for "Construction - 24th Street Widening", and
3. to replenish the allocation for "Construction -24th Street Widening" to $400,000
PREPARED BY ��
Patricia Beard
Redevelopment Manager
DEPARTMENT
Community Development Commission
EXPLANATION
This Resolution would request the Port of San Diego ("Port") to reallocate $400,000 in carryover
Capital Development Project funds remaining from a 1995 Memorandum of Understanding between
the City of National City ("City") and the Port. (please see attached sheet)
Environmental Review CEQA is not applicable
Financial Statement If the resolution is approved, the Port would be asked to reallocate $72,000 for
design of restrooms for Pepper Park, to reallocate $328,000 from Land Acquisition to Construction of the
24th Street Widening, and to replenish funding for the 24th Street Widening to $400,000.
Account No 900R1R R A110101
STAFF RECOMMENDATION Adopt the Resolution
BOARD / COMMISSION RECOMMENDATION Not applicable
ATTACHMENTS
Resolution No.
A-200 (9/80)
i
RESOLUTION NO. 2006 -
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
REQUESTING THE PORT OF SAN DIEGO TO REALLOCATE
$400,0001N CAPITAL DEVELOPMENT PROJECT FUNDS FOR
"LAND ACQUISITION — 24TH STREET WIDENING" AS FOLLOWS: TO ALLOCATE
$72,000 TO REIMBURSE THE COMMUNITY DEVELOPMENT COMMISSION
FOR ARCHITECTURAL DESIGN OF RESTROOMS FOR PEPPER PARK; TO
REALLOCATE THE REMAINDER FOR "CONSTRUCTION — 24TH STREET
WIDENING"; AND TO REPLENISH THE ALLOCATION FOR
"CONSTRUCTION — 24TH STREET WIDENING" TO $400,000
WHEREAS, on July 18, 2006, the Community Development Commission of the
City of National City (CDC) adopted Resolution 2006-150, which approved an Amendment to
Agreement with Safdie Rabines Architects to design public restrooms for Pepper Park; and
WHEREAS, the Port of San Diego has allocated $400,000 remaining from a
1994 Memorandum of Understanding with the City of National City to "Land Acquisition — 24th
Street Widening"; and
WHEREAS, the City Council wishes the CDC to be reimbursed for assisting the
Port of San Diego in designing public restrooms for Pepper Park; and
WHEREAS, the City Council wishes to maintain full Port of San Diego funding
participation for the construction of the 24th Street (Bay Marina Drive) Widening.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
National City hereby requests the Port of San Diego to reallocate $400,000 in Capital
Development Project funds for "Land Acquisition — 24th Street Widening" as follows:
1. Allocate $72,000 to reimburse the CDC for architectural design of restrooms at
Pepper Park;
2. Reallocate the remainder for "Construction — 24th Street Widening"; and
3. Replenish the allocation for "Construction — 24th Street Widening" to $400,000.
PASSED and ADOPTED this 1st day of August, 2006.
ATTEST:
Michael DaIla, City Clerk
Nick Inzunza, Mayor
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
ATTACHMENT 1
BACKGROUND REPORT
In 1994, the Port approved a Memorandum of Understanding ("MOU") with the Cities of National
City, Chula Vista, Imperial Beach and Coronado. The MOU formalized an agreement associated
with the Port's prior financial commitment of $4.5 million for the expansion of the San Diego
Convention Center, committing $63 million over seven years to Tidelands area construction
projects in the other member cities.
Among projects completed in National City have been the Harrison Avenue (Marina Way)
extension, National City Marina dredging, several traffic signals and improvements, as well as
projects at the National City Marine Terminal and Pepper Park.
At the conclusion of all the previously agreed -upon projects, $400,000 was remaining in the
National City allocation of the MOU's Capital Development Project ("CDP") budget for the
Harrison Avenue extension. This allocation was transferred to a line item for "Land Acquisition —
24th Street Widening".
This resolution would request to reallocate this $400,000 consistent with development objectives
for National City Tidelands area. It would request:
1. Reimbursement of $72,000 to CDC for designing restrooms for Pepper Park. On July 18,
2006, the CDC voted to request this reimbursement. However, since the MOU is between
the City and the Port, a City Council resolution is required to obtain the transfer;
2. Reallocate the remaining $328,000 to Construction — 24th Street Widening. It is not
anticipated that land acquisition will be necessary for the widening project so the monies
will be requested to be dedicated to project construction; and
3. Replenish the Construction — 24th Street Widening funds to $400,000. This would request
the Port to identify funding to reimburse this line item for the cost of designing the Pepper
Park restrooms. In its 2008-2012 CDP budget, the Port voted to include the restroom
project as a "low" priority, meaning funds would have to be identified for the project to be
build. The request to replenish the 24th Street Widening funds to their full level means the
City is asking the Port to identify at least $72,000 of those funds for the Pepper Park
restrooms in the very near term.
This Resolution supports a Resolution adopted by the CDC on July 18, 2006 and further clarifies
the uses of MOU remainder funds desired by the City.
City of National City, California
COUNCIL AGENDA STATEMENT
9
MEETING DATES August 1, 2006 AGENDA ITEM NO.
ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT DESIGNATING
MBIA, MUNISERVICES COMPANY AS THE AUTHORIZED CITY REPRESENTATIVE TO
EXAMINE TRANSACTIONS AND USE TAX (SALES TAX) RECORDS
PREPARED BY Lin Wurbs
Asst. City Manager
336-4240
EXPLANATION J%
DEPARTMENT
City Manager
California Sales and Use Tax regulations are extremely complex and there is often confusion on the
part of the business community due to these complexities. MBIA/MuniServices Company (MMC) has
expertise and experience in discovering, identifying and recovering misallocated and misreported
revenue for California cities and counties for the past 25 years. MMC is committed to assisting
National City in realizing all of the District Sales and Use Tax revenue to which it is entitled. MMC
shall represent the City for purpose of examining State Board of Equalization (SBE) records pertaining
to the District Tax to identify errors and omissions. For each misallocated or under reported account
detected, MMC will coordinate with the taxpayer and/or SBE to make the necessary corrections plus
retroactive adjustments where necessary.
Environmental Review ✓ N/A
Financial Statement
There is no additional charge for monitoring and providing reports on the new tax.
Account No.
STAFF RECOMMENDATION
Adopt Resolution
BOARD / COMMISSION RECOMMENDATION
N/A
I ATTACHMENTS ( Listed Below )
Resolution
Resolution No.
A-200 (9/80)
RESOLUTION NO. 2006 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT DESIGNATING MBIA MUNISERVICES COMPANY
AS THE AUTHORIZED CITY REPRESENTATIVE
TO EXAMINE TRANSACTIONS AND USE TAX (SALES TAX) RECORDS
WHEREAS, pursuant to California Revenue and Taxation Code Section 7200, et.
seq., the City of National City has adopted a transactions and use tax (sales tax) ordinance
which imposes a tax and provides a measure therefore that can be administered and collected
by the State Board of Equalization along the same and existing statutory and administrative
procedures followed by the State Board of Equalization in administering and collecting the
California State Sales and Use Taxes; and
WHEREAS, the City of National City desires to enter into an agreement for
transactions and use tax audit and information services with the firm of MBIA MuniServices
Company, to designate MBIA MuniServices Company as the authorized Consultant to examine
such transaction and use tax records maintained by the Board on behalf of the City of National
City; and
WHEREAS, all legal prerequisites prior to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City as follows:
1. In all respects as set forth above, the City Council of the City of National City
hereby certifies to the State Board of Equalization that MBIA MuniServices
Company shall be the designated representative of the City of National City to
examine all of the transactions and use tax records of the Board pertaining to
transactions and use taxes collected by the Board on behalf of the City of
National City.
2. Pursuant to California Revenue and Taxation Section 7056(b), the City Council of
the City of National City certifies that MBIA MuniServices Company (hereinafter
referred to as "Consultant") meets all of the following conditions:
a. Consultant is required by that contract to disclose information contained
in, or derived from, those sales tax records only to an officer or employee
of the City who is authorized by resolution to examine the information;
b. Consultant is prohibited by the contract from performing consulting
services for a retailer during the term of the contract; and
c. Consultant is prohibited from retaining the information contained in, or
derived from, those sales tax records after the contract has expired.
--- Signature Page to Follow ---
Resolution No. 2006 —
August 1, 2006
Page 2
PASSED and ADOPTED this 1st day of August, 2006.
Nick Inzunza, Mayor
ATTEST:
Michael Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
June 26, 2006
Mr. Chris Zapata
City Manager
National City
1243 National City Blvd.
National City, CA 91950
Dear Mr. Zapata,
MBIA/MuniServices Company (MMC) has expertise and experience in discovering,
identifying and recovering misallocated and misreported revenue for California cities and
counties for the past 25 years. MMC is the only known organization providing these
audit and information services to special districts restoring revenue that is critical to their
economies.
MMC is particularly proud of its long standing relationship with other cities throughout
California. Given the opportunity, MMC can assist National City in realizing all of the
District Sales and Use Tax revenue to which it is entitled.
MMC's unique ability to identify and correct the complex errors associated with District
Sales and Use Tax reporting is provided on a self funded basis. Only MMC has the
extensive resources and specialized expertise needed to meet and exceed the
requirements of this challenging job. MMC is confident that National City will see why
MMC is the preferred contractor for other major California cities Sales and Use Tax
Audit Services. As evidenced by the following results, it is clear to see the value of
MMC'S services.
MMC is currently working with 20 city, county and transportation districts in auditing
and tracking their revenue from District Sales and Use Taxes. To date MMC has
recovered $12,417,706 in misallocated and misreported revenue for these entities.
I know I speak for all of MMC when I express MMC's sincere desire to partner with
National City. MMC has the confidence that our project team, our techniques and our
systems offered to National City will result in superior service and the opportunity to
realize additional revenue for the City.
Sincerely,
Patricia Nunn
Client Services
MBIA MuniServices Company
LOCAL DISTRICT TAX AUDIT ADDENDUM
OBJECTIVES AND METHODS
Many California special taxing jurisdictions are not receiving the transactions and use tax revenue to
,./1 ; to imey are entitled due to point of use and other types of taxpayer reporting errors. District taxes
are collected on a destination basis (where the tangible personal property will be used or is delivered
to) as opposed to Bradley -Burns tax, which is collected at the point of sale. When businesses fail to
properly report their transactions tax, it is distributed in error to other jurisdictions or not collected at
all. Almost all district tax error discoveries involve companies that are correctly collecting and
allocating the local Bradley -Burns tax. Accordingly, MMC initial and ongoing audit service will assist
in the detection and correction of taxpayer reporting errors and generate new transactions and use tax
revenue that would not otherwise have been realized by the City. MMC has vast experience in
auditing district tax. District taxes and local Bradley -Burns taxes do not necessarily result in
equivalent tax dollars for an equal measure of tax rate, because they have different rules of
application. MMC currently audits district tax for many transit authorities and jurisdictions such as:
Bay Area Rapid Transit District (BART), Lox Angeles Metropolitan Transit Authority (LAMTA), Orange
County Local Transportation Authority, San Diego County Regional Transportation Commission,
Santa Clara Valley Transportation Authority, City of Capitola, City of Davis, City of Richmond, Town of
Truckee, City of West Sacramento, and City of Woodland.
DISTRICT TAX DETECTION AND DOCUMENTATION
MMC shall represent the City of purposes of examining State Board of Equalization (SBE) records
pertaining to district tax to identify errors and omissions. MMC's procedures for detecting and
documenting misallocations are as follows:
❑ Meet with designated CITY official(s) to review service objectives and scope, MMC
work plan schedule, public relations and logistical matters.
❑ Procure a computer tape of district tax permit records from the State Board of
Equalization (SBE).
• Clean-up, standardize and computerize data from City's quarterly transaction tax
distribution reports provided by SBE for previous quarters, current quarter and each
future quarter service is provided.
❑ Develop a target list of potential point-of-sale/delivery/use taxpayer reporting errors of
transactions and use tax generating businesses located in the City's jurisdiction.
These businesses are to be analyzed based on proprietary guidelines established by
MMC, formulated through expert knowledge of corporate mergers and acquisitions,
transactions versus use tax, businesses marking organization and methods,
commercial/industrial transactions and use tax reporting practices, and other conditions
contributing to reporting errors.
❑ Clean, standardize and integrate, in address -order, each entity's business name,
address and payment file information, to eliminate redundancies, using MMC's
proprietary software.
❑ Contact personnel in sales, operations and/ or tax accounting at each target business
to determine whether a destination based reporting error. exists. (Note: this is
accomplished with the highest regard to discretion and professional conduct. MMC's
allocation audits are predicated on a non -controversial, constructive public relations
MBIA MuniServices Company 1 Local District Tax Audit Addendum
approach which emphasizes the importance of each business to the City and the
mutual benefits of correcting reporting errors.)
❑ Provide to the City and SBE reports addressing each taxpayer reporting error
individually, including the business name, address, telephone number, California sales
tax permit number, individuals contracted, date(s) of contract, nature of business,
reason(s) for error, and estimated district tax revenue which should be forthcoming to
the City.
❑ MMC may also provide suggested language for letters to be sent to the taxpayers and/
or SBE from the City (or from MMC on behalf of the City) urging cooperation in
promptly correcting the distribution error.
❑ Respond to negative findings by SBE with timely reconfirmation documentation in order
to preserve the City's original dates of knowledge.
❑ Receive and process registration control record information monthly.
❑ Receive and process transaction tax distribution reports quarterly.
❑ Coordinate with the taxpayer and SBE to make the necessary corrections and collect
eligible back quarters amounts.
❑ Monitor and analyze the quarterly distribution reports with an audit focus on the
following:
1. Accounts with previously reported destination based distribution errors to ensure
that the corrections are made for current quarters and all eligible back quarters.
2. Major accounts comprising 90% or more of the City's total transaction, sales and
use tax revenue to identify any irregularities or unusual deviations from the normal
pattern (e.g. negative fund transfers, significant decreases, unusual increases, etc.)
and ensure that the City is not receiving less revenue that it is entitled to.
3. Those accounts receiving deficiency assessments to ensure that the City receives
its local allocation.
DISTRICT TAX CORRECTION OF MISALLOCATIONS/UNDERRPORTING
For each misallocated or underreporting account detected, MMC will coordinate with the taxpayer
and/ or SBE to make the necessary corrections plus retroactive adjustments for transactions and use
tax amounts improperly distributed or uncollected in prior quarters. This task is simply stated, but
enormously complex and time-consuming. The following is a discussion of the complexity of
administering the program:
When MMC detects taxpayer -reporting errors, together with the reasons therefore, less than half of
MMC's audit work id accomplished. Most of MMC's audit work is devoted to facilitating corrective
action. This is largely due to the preponderance, of reporting errors by out-of-state headquartered
distributors, contractors, processors, manufacturers and lessors engaged in business -to -business
sales in California. In terms of dollars, these companies account for more that 90% of misallocations.
For these companies, there is considerable confusion due to the complexities posed by California's
transactions and use tax regulations. The reporting problems are further compounded when the
regulations are applied to multiple California locations, with each having a product/customer mix of
business -to -business sales, while some of the transactions are subject to transactions tax, and others
are subject to use tax and some are exempt.
MBIA MuniServices Company
2
Local District Tax Audit Addendum
COROLLARY CONSULTING
Upon mutual agreement between MMC and the CITY as to the scope of services to be provided,
!AMC shall provide to CITY such additional consulting services as CITY may request. Consulting
services otherwise included in the Addendum will not be subject to MMC's fees for Corollary
Consulting as set forth below.
DISTRICT TAX DETECTION TIMING CONSIDERATIONS
For each misallocated account detected, MMC will coordinate with the business and SBE to make the
necessary corrections plus .retroactive adjustments for eligible amounts of district tax improperly
distributed in prior quarters. MMC coordinates and communicates between typically four parties;
sales/operations personnel at the taxpayer's local operation, tax personnel at the company's
corporate headquarters, and SBE personnel and the in-state/out-of-state district offices. Correction of
the account is considered to have been made once the taxpayer is properly allocating the payments
on identified taxpayer accounts to the City in the period in which the payment was made.
As needed, MMC will represent the City before state officials, boards, commissions and committees
for the purpose of correcting sales tax distribution errors that have deprived the City of revenue to
which it is entitled.
TIMING
MMC shall commence auditing the district tax and within 10 working days of receipt of a fully executed
contract and Confidentiality Resolution designating MMC as the authorized City Consultant to
examine district tax records.
CONFIDENTIALITY PROVISIONS
MMC is authorized by this Agreement to examine district tax, sales tax and use tax records of the
State Board of Equalization provided to City pursuant to contract under the Bradley -Burns Uniform
Sales and Use Tax Law and California Revenue & Taxation Code applicable to transactions and use
taxes.
MMC is required to disclose information contained in, or derived from, those sales and use tax
records only to an officer or employee of the City who is authorized by resolution to examine' the
information.
MMC is prohibited from performing consulting services for a retailer during the term of this Agreement.
MMC is prohibited from retaining the information contained in, or derived from, those sales and use
tax records, after this Agreement has expired.
This Agreement, and MMC's and CITY's obligations with respect to confidentiality of taxpayer data
pursuant to the Bradley Burns Revenue and Taxation Code, shall continue until final payment for all
services rendered hereunder.
MBIA MuniServices Company 3 Local District Tax Audit Addendum
DISTRICT TAX COST PROPOSAL
COST PROPOSALS
MMC's compensation for the City District Tax Audit Services is a 25% contingency fee. This fee
applies to six quarters after the Date of Correction and all eligible prior quarters back to and including
all corrected quarters prior to the Date of Knowledge quarter.
The Date of Knowledge is the quarter during which MMC notifies the SBE of the existence of a
misallocation. The Date of Correction refers to the quarter in which the taxpayer has correctly
reported the local tax and the SBE distributes the local tax properly to City based on the taxpayer's
reporting. For QDR Misallocations detected and corrected, MMC's compensation shall only include
the quarters in which the misallocation actually occurred.
In most cases where MMC identifies District Tax errors, the business is already reporting the local
Bradley -Burns allocations correctly. Therefore, when MMC provides the Sales and Use Tax Audit
(SUTA) service for the City's Bradley -Burns revenues and the City's District Tax revenues, MMC will
not charge for both revenue sources but only the Bradley -Burns portion of the correction contained in
the SUTA agreement.
COROLLARY CONSULTING
For any agreed scope of services to be performed by MMC for CITY as Corollary Consulting as
provided for herein, MMC shall be compensated on a Time and Material basis. MMC's standard
hourly rates are as follows:
Principal - $175/hour
Director - $150/hour
Manager - $125/hour
Senior Analyst - $100/hour
Analyst - $75/hour
Administrative Support - $50/hour
All reimbursable expenses shall receive prior approval from the CITY and shall be reimbursed at cost
to MMC.
CITY RESPONSIBILITES
MMC's services performed hereunder may result in corrections of misallocations after cessation of
services by MMC for City. Therefore, City agrees that with regards to misallocations identified to the
SBE whose Date of Knowledge occurred during MMC's performance of services for City, that City's
obligation to pay MMC in accordance with the above compensation language shall survive expiration
or termination of this Agreement for any reason.
In the event that City identifies, documents, and notifies the SBE of a reporting error or misallocation
as those terms are used herein, City agrees to notify MMC of City's discovery no later that ten (10)
days after the Date of Knowledge. If City fails to so notify MMC and MMC later detects, documents,
and reports the misallocation or reporting error to the SBE, or if MMC has established a Date of
Knowledge with the SBE prior to notification to the Board by City, then MMC shall be entitled to
compensation for the affected account in accordance with this Addendum.
MBIA MuniServices Company
4
Local District Tax Audit Addendum
EXECUTED as of the day and year last stated below.
MBIA MuniServices Company/MMC CITY OF CITY
A Municipal Corporation
By: By:
Marc Herman
Title: President Title:
Date: Date:
ATTEST:
By:
Kevin Cerutti
Title: Chief Financial Officer
Date:
CITY CLERK
APPROVED AS TO FORM: APPROVED AS TO FORM:
Eric Myers, Corporate Counsel CITY ATTORNEY
MBIA MuniServices Company 5
Local District Tax Audit Addendum
PREPARED BY Walter Amedee
City of National City, California
COUNCIL AGENDA STATEMENT
IEETING DATE 8/01/2006
AGENDA ITEM NO.
10
ITEM TITLE
Resolution of the City Council of the City of National City Authorizing the receipt of an Audio
Surveillance System to the National City Police Department from the Technology Transfer Program
that is administered by the United States Army Electronic Proving Ground on behalf of the Office of
National Drug Control Policy, Counterdrug Technology Assessment Center.
DEPARTMENT Homeland Security Manager
x4556
EXPLANATION
The Federal U.S. Army Electronic Proving Ground, on behalf of the Office of National Drug Control
Policy, Counterdrug Technology Assessment Center, has announced that NCPD has qualified to
receive an Audio Surveillance System through the Technology Transfer Program. The Audio
Surveillance System is a covert body wire transmitter and receiver kit. The Technology Transfer
Program provides travel and lodging for one person to attend the next Audio Surveillance training
session scheduled for Thursday, August 17th in Orlando, Florida, which includes 8 hours of hands-on
instruction with a final exam. The City is required to provide a person that has the technical aptitude
who can easily assimilate the training received and teach what was learned to the other officers at
NCPD. The City is not required to allocate any up front costs or matching funds to receive the
equipment. The Technology Transfer Program was. a competitive grant that required agencies to
complete an on-line application and narrative justifying the need for the equipment.
Environmental Review ✓ N/A
Financial Statement
No impact; The Technology Transfer Program does not require any up front monies or matching funds to
receive the equipment.
Account No. N/A
STAFF RECOMMENDATION
Direct Staff to accept the Audio Surveillance System, send a person to receive training, and teach other
officers at NCPD.
BOARD / COMMISSION RECOMMENDATION
ATTACHMENTS ( Listed Below )
Resolution No.
Letter — U.S. Army Electronic Proving Ground: Technology Transfer Program
RESOLUTION NO. 2006 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE RECEIPT OF AN AUDIO SURVEILLANCE SYSTEM TO THE
NATIONAL CITY POLICE DEPARTMENT FROM THE TECHNOLOGY TRANSFER
PROGRAM THAT IS ADMINISTERED BY THE UNITED STATES ARMY ELECTRONIC
PROVING GROUND ON BEHALF OF THE OFFICE OF NATIONAL DRUG CONTROL
POLICY, COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER
WHEREAS, the federal U.S. Army Electronic Proving Ground administers the
Technology Transfer Program (the "Program") on behalf of the Office of National Drug Control
Policy, Counterdrug Technology Assessment Center; and
WHEREAS, the Program recognizes the importance of new equipment education
and training to ensure proper operation and deployment of the equipment; and
WHEREAS, the Program is a competitive program that requires agencies to
complete an on-line application and narrative justifying the need for the equipment; and
WHEREAS, the National City Police Department submitted an application and
narrative to the Program for an Audio Surveillance System; and
WHEREAS, the National City Police Department's application score was qualified
to receive the Audio Surveillance System; and
WHEREAS, the Program provides travel and lodging for one person to attend the
next Audio Surveillance training session scheduled for Thursday, August 17, 2006, in Orlando,
Florida, which includes 8 hours of hands-on instruction with a final exam; and
WHEREAS, the National City Police Department is required to provide a person
that has the technical aptitude who can easily assimilate the training received and teach what
was learned to the other officers; and
WHEREAS, the City is not required to allocate any up -front costs or matching
funds to receive the equipment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the National City Police Department to send an individual to
receive training and accept the Audio Surveillance System from the Technology Transfer
Program.
PASSED and ADOPTED this 1st day of August, 2006.
ATTEST:
Michael R. Dalla, City Clerk
Nick Inzunza, Mayor
APPROVED AS TO FORM:
George H. Eiser, III, City Attorney
SUL-06-2006 10:03
P . 02/05
DEPARTMENT OF ARMY
U.S. ARMY ELECTRONIC PROVING GROUND
POST OFFICE BOX 12718
FORT HUACHUCA, ARIZONA 85870.2718
June 27, 2006
Special Programs Office
Chief Adolfo Gonzales
National City Police Department
1200 National City Boulevard
National City, California 91950-4302
Dear Chief Gonzales,
My organization, the United States Army Electronic Proving Ground (EPG), administers
the Technology Transfer Program on behalf of the Office of National Drug Control
Policy, Counterdrug Technology Assessment Center (ONDCP / CTAC). Your
application's score qualified your agency to receive the Audio Surveillance System.
The Audio Surveillance System is a covert body wire transmitter and receiver kit. The
system includes a concealable body wire transmitter, a concealable transmitter module,
repeater for extended range capability, and a receiver base station with recording
capabilities.
We require two actions from your agency prior to delivery of the system:
• Frequency allocation form
• Training attendance
Although the transmitters, repeater, and receiver are user programmable, the repeater
must be preprogrammed with frequency bandwidths for use by your agency. Please
complete and fax the enclosed frequency form by July 12th to (520) 538-4926.
The Technology Transfer Program recognizes the importance of new equipment
education and training, not only for law enforcement members, but also to ensure
proper operation and deployment of the equipment. With this in mind, attendance at a
training session is required prior to receipt of the equipment. The program provides
travel and lodging for one person per agency. Our training is based on the philosophy
"Train the Trainer". Provide a person that has a technical aptitude who can :easily
assimilate the training received and teach what was learned to the other officers at your
agency.
Our next Audio Surveillance training session is scheduled for Thursday, August 17th in
Orlando, Florida and includes 8 hours of hands-on instruction with a final exam. The
program will provide the following for your designated attendee:
JUL-06-2006 10:03
P.03/05
♦ Airline tickets (Departure on Wednesday, 8/16 with retum on Friday, 8/18)
• Shuttle transportation from Orlando International Airport (MCO) to hotel
with return
• Hotel lodging for 2 nights — Doubletree Hotel (Wednesday, 8/16 &
Thursday, 8/17)
♦ Dinner reception (Wednesday, 8/16)
• Breakfast and lunch on training day (Thursday, 8/17)
Please call our toll -free number 1-877-EPG-CTAC (1-877-374-2822) to schedule
attendance with our Training Coordinator, Mrs. Shang Norberg or with any available
staff member. This will be our 19th training session and will include over 200 law
enforcement officers from across the nation. Our office is operating under a
compressed time schedule and requires scheduling to be completed by July 12th. If
your agency does not respond prior to the July 12th deadline, the equipment and
training will be. reprogrammed for another agency.
The program pays for the airline ticket, hotel lodging, and meals prior to the session;
thus, all airline transportation and hotel requirements are coordinated and scheduled
through our office. Please have your designated attendee call at the earliest date and
prior to July 12th. The following information is required when scheduling training
attendance:
• Agency name, address, telephone, E-mail address, and fax
• Name
• Address for Federal Express delivery of airline ticket
(If different from agency address)
• Departing airport
• Room preference (Smoking / non-smoking & bed type)
Once initial coordination has been completed, our staff representative will fax / email a
copy of the scheduled airline itinerary to the attendee. Our office will send training
packets to each attendee on Monday, August 7th. Each packet will include:
♦ Airline flight itinerary
• Hotel pamphlet
• Shuttle information
• Training agenda
JUL-06-2006 10:04
P.04/05
Upon completion of training, the Audio Surveillance System will be shipped to your
agency within 48 hours.
I look forward tomeeting your representative during the August training session in
Orlando, Florida.
L. J. Shnider
Director
:4EETING DATE
City of National City, California
COUNCIL AGENDA STATEMENT
08/01/06
AGENDA ITEM NO.
11
ITEM TITLE Resolution of the City Council of the City of National City Adopting and
Integrating the National Incident Management System into the Emergency Management System to
Prevent, Prepare for, Respond to, and/Recover from Disasters
PREPARED BY Walter Amedee, Y/ � ASTMENT Fire
Homeland Security Manager -dj
EXPLANATION
The President in Homeland Security Directive-5, directed the Secretary of the Department of Homeland Security
to develop and administer a National Incident Management System (NIMS). NIMS integrates standardized
terminology, standardized organizational structures, interoperable communications, consolidated action plans,
unified command structures, uniform personnel qualification standards, uniform standards for planning, training,
and exercising, comprehensive resource management, and designated incident facilities during emergencies or
disasters. NIMS provides a consistent nationwide approach for federal, state, local, and tribal governments to
work together more effectively and efficiently to prevent, prepare for, respond to, and recover from disasters,
regardless of cause, size, or complexity. The Governor of the State of California directed his Office of
Emergency Services and Office of Homeland Security to develop a program to integrate NIMS, to the extent
appropriate, into the state's emergency management system. The City of National City, will integrate NIMS to
the extent appropriate, into the emergency management system.
Environmental Review X N/A
Financial Statement
No negative impact.
>STAFF RECOMMENDATION
Staff recommends the adoption and integration of the National Incident Management System (NIMS), to the
extent appropriate, into the emergency management system to prevent, prepare for, respond to, and recover from
disasters. Direct Staff to forward a copy of the resolution to the Governor's Office of Emergency Services.
BOARD / COMMISSION RECOMMENDATION
Account No.
N/A
ATTACHMENTS ( Listed Below )
Resolution
Resolution No.
A -zoo (9/80)
RESOLUTION NO. 2006 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
ADOPTING AND INTEGRATING THE NATIONAL
INCIDENT MANAGEMENT SYSTEM INTO THE
EMERGENCY MANAGEMENT SYSTEM TO PREVENT,
PREPARE FOR, RESPOND TO, AND RECOVER FROM DISASTERS
WHEREAS, the President in Homeland Security Directive-5, directed the
Secretary of the Department of Homeland Security to develop and administer a National
Incident Management System, which would provide a consistent nationwide approach for
federal, state, local and tribal governments to work together more effectively and efficiently to
prevent, prepare for, respond to, and recover from disasters, regardless of cause, size, or
complexity; and
WHEREAS, California pioneered the development of standardized incident
management systems to respond to a variety of catastrophic disasters, including fires,
earthquakes, floods, and landslide; and
WHEREAS, in the early 1970s, the California fire service, in partnership with the
federal government, developed the seminal emergency incident command system that has
become the model for incident management nationwide; and
WHEREAS, in 1993, California was the first state to adopt a statewide
Standardized Emergency Management System for use by every emergency response
organization, and implemented a system to ensure the continual improvement of the
Standardized Emergency Management System; and
WHEREAS, California emergency management professionals have contributed
their expertise to the development of the new National Incident Management System; and
WHEREAS, it is essential for responding to disasters that federal, state, local,
and tribal organizations utilize standardized terminology, standardized organizational structures,
interoperable communications, consolidated action plans, unified command structures, uniform
personnel qualification standards, uniform standards for planning, training, and exercising,
comprehensive resource management, and designated incident facilities during emergencies or
disasters; and
WHEREAS, the California Standardized Emergency Management System
substantially meets the objectives of the National Incident Management System, and
WHEREAS, the National Commission on Terrorist Attacks (9-11 Commission)
recommended adoption of a standardized Incident Command System nationwide, and
WHEREAS, the Governor of the State of California has directed his Office of
Emergency Services and Office of Homeland Security in cooperation with the Standardized
Emergency Management System Advisory Board to develop a program to integrate the National
Incident Management System, to the extent appropriate, into the state's emergency
management system;
Resolution No. 2006 —
August 1, 2006
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City that the City of National City will integrate the National Incident Management
System, to the extent appropriate, into the emergency management system; and
BE IT FURTHER RESOLVED that the City of National City shall utilize the
National Incident Management System which shall be consistent with the integration of the
National Incident Management System and the Standardized Emergency Management System
in California; and
BE IT FURTHER RESOLVED that a copy of this resolution is forwarded to the
Governor's Office of Emergency Services.
PASSED and ADOPTED this 1st day of August, 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
MEETING DATE August 1, 2006
AGENDA ITEM NO.
12
ITEM TITLE Time Extension Request — Tentative Subdivision Map for 47 condominium units on a
property partially developed with a 12,000 square foot commercial building, at 101 East 30th Street.
(Applicant: Willard Cheng) (Case File No. S-2004-3/CUP-2004-2)
PREPARED BY
Michael Fellow Planning
EXPLANATION
DEPARTMENT
In August 2004, the City Council approved a Tentative Subdivision Map and Conditional Use Permit for the
development of 47 condominium units at the northeast corner of 30th Street and A Avenue. All Tentative
Subdivision Maps are approved with a condition allowing two years to finalize the map. As no Final Map has
been processed for the proposed project, this Tentative Subdivision Map will expire in August, 2006 unless
extended. The Subdivision Ordinance allows up to three time extensions for a total of 36 months.
The property was sold after the project was approved, and the current owner is requesting a three year
extension of the Tentative Subdivision Map. He states that the extension is needed to have it properly
implemented, and also that the project was delayed because a subsequent Request to Initiate a Specific Plan
(SP-2006-1) for the property was denied.
Environmental Review X N/A
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION !!C (/-
Staff recommends that the expiration date for S-2004-3/CUP-2004-2 be extended by three years to
August 3, 2009.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
1. Resolution No. 2004-144
2. Location Map
3. Applicant's letter of request
Resolution No.
A-200 (9/99)
(Page 1 of 8)
RESOLUTION NO. 2004 —144
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING A TENTATIVE SUBDIVISION MAP AND
CONDITIONAL USE PERMIT FOR 47 CONDOMINIUM UNITS
ON A PROPERTY PARTIALLY DEVELOPED WITH A
12,000 SQUARE FOOT COMMERCIAL BUILDING,
AT 101 EAST 30TH STREET
APPLICANT: BAY CANYON DEVELOPMENT CO. LLC / CDC
CASE FILE NO. S-2004-3/CUP-2004-2
WHEREAS, application was made for approval of a tentative subdivision
map for approval of a tentative subdivision map and conditional use permit on property
generally described as:
Lots 1 through 20 inclusive in block 2 and the easterly 10.00
feet of "A" Avenue and the westerly 40.00 feet of "B" Avenue
closed to public use in Budd Villa Tract along with the 20 foot
alley in block 2 closed to the public per document dated
December 19, 1919, Resolution No. 574 of the City of
National City.
WHEREAS, the Planning Commission of the City of National City,
California, considered said application and proposed Mitigated Negative Declaration IS-
2003-10 at a public hearing held on June 21, 2004, and by Resolution recommended
conditional approval of the application; and
WHEREAS, the City Council of the City of National City considered said
application and proposed Mitigated Negative Declaration No. IS-2003-10 at a public
hearing held on July 20, 2004, at which time oral and documentary evidence was
presented; and
WHEREAS, at said public hearing the City Council considered the staff
report prepared for Case File Nos. S-2004-3, CUP-2004-2 and IS-2003-10 which are
maintained by the City, and incorporated herein by reference; along with evidence and
testimony at said hearing; and
WHEREAS, this action is taken pursuant to all applicable procedures
required by State and City law; and
WHEREAS, the action recited herein is found to be essential for the
preservation of public health, safety and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of National City, California, that it hereby approves the tentative subdivision map
(Page 2 of 8)
Resolution No. 2004 --144
August 3, 2004
Page Two
and conditional use permit for 47 condominium units on a property partially developed
with a 12,000 square foot commercial building, at 101 East 30Ih Street based on the
following findings:
FINDINGS FOR APPROVAL
OF THE TENTATIVE SUBDIVISION
1. Find that the project will not have a significant effect on the environment and adopt
the proposed mitigated negative declaration.
2. The proposed map is consistent with the National City General Plan and applicable
specific plans, since the proposed multi -family residential development, with a
density of 27.3 units/acre, is consistent with the uses and density of 34.8 units/acre
allowed in the Heavy Commercial (CH) Zone, and since there are no applicable
specific plans.
3. The site is physically suitable for the proposed type of development, since a
preliminary geotechnical investigation indicates that site will be able to structurally
support the proposed development Also, the proposed mum -family residential
development will serve as a transition between the commercial uses to the west
and northwest and the lower density residential uses to the east.
4. The site is physically suitable for the proposed density of development, since the
site will accommodate the 47 proposed units with appropriate ratios of parking and
open space, and with adequate setback areas.
5. The design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat, since there is no natural habitat on the partially developed
site, nor are there bodies of water, and since the site is located in the midst of an
urban area.
6. The design of the subdivision and the proposed/required improvements are not
likely to cause serious public health problems, since all necessary public services
will be provided.
7. The design of the subdivision and the proposed/required improvements will not
conflict with easements, acquired by the public at large, for access through or use
of the property within the proposed subdivision, since no such easements are
located on the site.
(Page 3 of 8)
® •
Resolution No. 2004 —144
August 3, 2004
Page Three
8. The discharge of sewerage waste from the subdivision into the City of National City
sewer system will not result in violation of existing requirements prescribed by the
California Regional Quality Control Board pursuant to Division 7 (commencing with
Section 13000) of the Water Code, as specified by Govemment Code Section
66474.6.
9. The subdivision has been considered by the Planning Commission with regard to
its effect on the housing needs of the region, and these needs are balanced by the
public service needs of the residents and available fiscal and environmental
resources.
10. The design of the subdivision provides, to the extent feasible, for future passive and
natural heating and cooling opportunities in the subdivision, based on consideration
of local climate, topography, property configuration and other design and
im
provement requirements without requiring reduction in allowable density or lot
coverage.
FINDINGS FOR APPROVAL
OF THE CONDITIONAL USE PERMIT
1. Find that the project will not have a significant effect on the environment and adopt
the proposed mitigated negative declaration.
2. That the site for the proposed use is adequate in size and shape, since the site will
accommodate the 47 unit six -level residential building with appropriate ratios of
parking and open space, and with adequate setback areas.
3. That the site has sufficient access to streets and highways that are adequate in
width and pavement type to carry the volume and type of traffic generated by the
proposed use, since the approximately 376 average daily trips can be
accommodated on East 30th Street and other nearby streets, all of which are
operating well below their designed capacities.
4. That the proposed use will not have an adverse effect upon adjacent or abutting
properties, since proposed development has been designed to be visually pleasing
as encouraged by City Design Guidelines, and since the proposed site layout will
provide adequate setback areas and landscaping to buffer the adjacent existing
development.
5. That the proposed use is deemed essential and desirable to the public convenience
and welfare, since additional homeownership opportunities will be created in such a
way that maximizes the use of scarce developable land area within the City.
(Page 4 of 8)
• •
Resolution No. 2004 —144
August 3, 2004
Page Four
BE IT FURTHER RESOLVED that the City Council has considered the
proposed Mitigated Negative Declaration No. 182003-10, together with any comments
received during the public review process, and finds on the basis of the whole record
(including the Initial Study and any comments received) that there is no substantial
evidence that the project will have a significant effect on the environment and that the
Mitigated Negative Declaration reflects the City's independent judgment and analysis,
and hereby approves the Mitigated Negative Declaration and authorizes the filing of a
Notice of Determination.
BE IT FURTHER RESOLVED that based on the findings hereinbefore
stated, said Tentative Subdivision Map and Conditional Use Permit for 47 condominium
units on a property partially developed with a 12,000 square foot commercial building, at
101 East 30th Street is hereby approved subject to the following conditions:
1. This Tentative Map authorizes a six story, 47 unit condominium building on a 1.71
acre lot at the northeast comer of 30th Street and A Avenue. Except as required by
conditions of approval, all plans submitted for permits associated with the project
shall conform with Exhibit A -revised, Case File no. S-2004-3/CUP-2004-2, dated
4/21/2004.
2. A detailed landscape and underground irrigation plan, including plant types,
methods of planting, etc., shall be submitted for review and approval by the
Planning Director. The landscape plan shall reflect the use of drought tolerant
planting and water conserving irrigation devices. The plan shall include the use
of specimen trees.
3. All loading and unloading for commercial purposes shall take place at the two
northernmost loading doors.
4. All windows and doors on the west side of the residential building shall have a
higher STC rating, subject to review and approval by the Planning Director.
5. The roll up doors on the east side of the commercial building shall be kept closed at
all times, excluding active loading/unloading periods.
6. Each pair of the 13 pairs of tandem parking stalls shall be assigned to not more
than one residence.
7. A trash enclosure shall be provided in accordance with city standards. It shall have
a stucco exterior to match the building.
(Page 5 of 8)
to
Resolution No. 2004 —144
August 3, 2004
Page Five
8. The developer shall provide a declaration of covenants, conditions and restrictions,
running with the land, clearly setting for the privileges and responsibilities, including
maintenance, payment of taxes, etc. involved in the common ownership of parking
areas, walks, buildings, utilities recreational facilities and open spaces, prior to
approval of the final map. Said CC&R's shall be subject to approval as to content
and form by the City Attorney. The CC&R's shall allow the City the authority but not
the obligation to assume maintenance of the property and assess the full cost
including overhead costs therefore as a lien against the property If said property is
not adequately maintained per the agreement. The CC&R's shall include a
determination that the funds provided by the maintenance provisions will be
sufficient to cover all contemplated costs.
9. A corporation, association, property owners' group, or similar entity shall be formed
with the right to assess all the properties which are jointly owned with interests in
the common areas and facilities in the entire development to meet the expenses of
such entity, and with authority to control, and the duty to maintain, all of said
mutually available features of the development. Such entity shall operate under
recorded conditions, covenants, and restrictions approved by the City Attomey as
to form and content, which shall include compulsory membership of all owners and
flexibility of assessments to meet changing costs of maintenance, repairs and
services.
10. If gated, a rapid entry system for Police Departrnent access shall be provided in
compliance with Municipal Code Chapter 10.47.
11. Plans must comply with the 2001 editions of the California Building Code, the
Califomia Mechanical Code, the California Plumbing Code, the Califomia Electrical
Code, and California Title 24 energy and handicapped regulations.
12. A grading and drainage plan shall be submitted showing all of the proposed and
existing on -site and off -site improvements. The plan shall be prepared in
accordance with the City's standard requirements by a Registered Civil Engineer.
All necessary measures for prevention of storm water pollution and hazardous
material run-off to the public storm drain system from the proposed parking lot or
development shall be implemented with the design of the grading. This shall
include the provision of such devices as storm drain interceptors, clarifiers, or
filters. Best Management Practices for the maintenance of the parking lot,
including sampling, monitoring, and cleaning of private catch basins and storm
drains, shall be undertaken in accordance with the National Pollution Discharge
Elimination System (NPDES) regulations. A private storm water treatment
maintenance agreement shall be signed and recorded. The checklists for
preparation of the grading plan drainage plan and Standard Urban Storm Water
Mitigation Plan (SUSMP) are available at the Public Works Department.
(Page 6 of 8)
•
Resolution No. 2004 —144
August 3, 2004
Page Six
13. All surface run-off shall be collected by approved drainage facilities and directed
to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall
be protected from surface run-off resulting from this development.
14. A soils engineering report shall be submitted for the Public Works Department's
review, after Planning Commission approval. The report shall address the
stability of all of the existing and proposed slopes on the property. It shall also
address the adequacy of the building pads, the criteria for any new retaining wail
design, the maximum allowable soil bearing pressure and the required pavement
structural sections for the proposed streets, the parking areas, and the
driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C.
over 4 inch Class 11 aggregate base. The street pavement sections shall be in
accordance with National City modified Standard Drawing G-24. All soils report
findings and recommendations shall be part of the Public Works Department
requirements.
15. A sewer permit will be required. The method of sewage collection and disposal
shall be shown on the grading plan. Any new sewer lateral in the City right-of-
way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided
on the curb to mark the location of the lateral.
16. An existing 15 foot wide sewer easement reserved to the City of National City
exists on the property and no building encroachment will be allowed within the
easement. The easement shall be shown on the plans.
17. The property is in the Federal Flood Plain area. Flood hazard permit shall be
obtained from the Public Works Department.
18. The driveway on 30th Street shall be an alley entrance type driveway with
pedestrian ramps.
19. A permit shall be obtained from the Public Works Department for all improvement
work within the public right-of-way, and any grading construction on private
property.
20. A cost estimate shall be submitted with the plans. A performance bond equal to
the approved cost estimate for all of the proposed grading, drainage, street
improvements, landscaping and retaining wall work shall be posted. Three
percent (3%) of the estimated cost shall also be deposited with the City as an
initial cost for plan checking and inspection services at the time the plans are
submitted. The deposit is subject to adjustments.
(Page 7 of 8)
•
Resolution No. 2004 —144
August 3, 2004
Page Seven
21. A title report shall be submitted to the Public Works Department, after the
Planning Commission approval, for review of all existing easements and the
ownership at the property.
22. The final parcel map shall meet all of the requirements of the Subdivision Map.
Act, and the City of National City Municipal Codes including . certification,
acknowledgement, complete boundary information and monumentation.
23. The subdivider shall submit an approval letter from Sweetwater Authority stating
fire flow requirements have been met. If additional improvements are needed, the
developer shall enter into an agreement for the water improvements with the
Authority prior to obtaining the final map approval.
24. The developer shall bond for the monumentation, the public improvements and
the on -site grading, drainage, landscaping, and other improvements through an
agreement with the City prior to the approval of the final map.
25. All utility distribution facilities within the boundaries of the subdivision, and within
the half street abutting the new subdivision, shall be placed underground.
26. The final map shall be recorded prior to issuance of any building permit.
27. All new property line survey monuments shall be set on private property, unless
otherwise approved.
28. The final map shall use the California Coordinate System for its "Basis of
Bearings" and express all measured and calculated bearings in terms of the
system. The angle of grid divergence from a true meridian, and the north point
shall appear on the map. Two measured ties from the boundary of the property to
existing horizontal control stations shall be shown.
29. Television cable companies shall be notified a minimum of 48 hours prior to filling of
cable trenches.
30. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not
less than 6 feet shall be treated with a graffiti resistant coating subject to approval
from the Building and Safety Director. Graffiti shall be removed within 24 hours of
its observance.
31. The property owner shall submit a letter to the Sweetwater Authority stating fire
flow requirements. The owner shall enter into an agreement with the Authority
for any water facility improvements required for the proposed project.
(Page 8 of 8)
• •
Resolution No. 2004 —144
August 3, 2004
Page Eight
32. Before this Conditional Use Permit/ Tentative Subdivision Map shall become
effective, the applicant and the property owner both shall sign and have notarized
an Acceptance Fomi, provided by the Planning Department, acknowledging and
accepting all conditions imposed upon the approval of this permit. Failure to retum
the signed and notarized Acceptance Form within 30 days of its receipt shall
automatically terminate the Conditional Use Permit/ Tentative Subdivision Map.
The applicant shall also submit evidence to the satisfaction of the Planning Director
that a Notice of Restriction on Real Property is recorded with the County Recorder.
The applicant shall pay necessary recording fees to the County. The Notice of
Restriction shall provide information that conditions imposed by approval of the
Conditional Use Permit/ Tentative Subdivision Map are binding on all present or
future interest holders or estate holders of the property. The Notice of Restriction
shall be approved as to form by the City Attorney and signed by the Planning
Director prior to recordation.
33. Approval of the tentative map expires two (2) years after adoption of the
resolution of approval at 5:00 p.m. unless prior to that date a request for a time
extension not exceeding three (3) years has been filed as provided by National
City Municipal Code §17.04.070. The Conditional Use Permit shall expire
concurrent with the tentative map.
34. All uses in Use Group 22 (Light Manufacturing) Appendix D of the Land Use
Code shall be prohibited.
BE IT FURTHER RESOLVED that copies of this Resolution shalt be
transmitted forthwith to the applicant; and,
BE IT FURTHER RESOLVED that this Resolution shall become effective
and final on the day following the City Council meeting where the resolution is adopted.
The time within which judicial review of this decision may be sought is govemed by the
provisions of Code of Civil Procedure Section 1094.6.
PASSED and ADOPTED this 3`d day of August, 2004.
ATTEST:
,ez,Z1
Mici4ael Dalia, City/ Clerk
za, Mayor
APPROVED AS TO FORM:
George H. iser, III, City Attorney
PROJECT SITE
ZONE BOUNDARY
LOCATION MAP
Time Extension Request for the Property Located at
Northeast Corner of 30th Street and A Avenue
S-2004-3/
C U P-2004-2
NATIONAL CITY PLANNING
DRN. DATE:
3/02/06
INITIAL
HEARING:
8/01/06
July 6, 2006
Mike Fellows
National City Planning Department
1243 National City Boulevard
National City, CA 91950
2006 AM11:21
CHENG CAPITAL
RE: City Council Resolution # 2004-144, Case File no. S-2004-3/CUP — 2004-2
Dear Mr. Fellows:
Herewith pursuant to National City Municipal Code 17.04.070, we are hereby requesting
a 3 year extension of the above referenced resolution.
The prior owner received the above referenced approval on August 4, 2004. We acquired
the property in May, 2005.
Our plan was to to do a 2 phase condo project. As a result of meetings with Andrew
Hoskinson, we were advised to propose one new larger project that resulted in the
demolition of the existing office building. Our new project required a new specific Plan
amendment.
Our request to Initiate a Specific Plan (SP 2006-1) was recently denied.
As indicated by our actions, this property has an active history. We are now need to
address the existing TPM and will require the 3 years to have it properly implemented.
er of Viewz on A, LLC
2171 India Street • Suite Q
San Diego • California • 92101.1768
p: 619.338.8138 • f: 619.338.8187
e: will@chengcapital com
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE August 1, 2006
AGENDA ITEM NO. 13
ITEM TITLE TEMPORARY USE PERMIT — Feria: Unidos Contra la Diabetes hosted by the American
Diabetes Association on November 4, 2006 at Kimball Park with no waiver of fees.
PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety
EXPLANATION
This is a request from The American Diabetes Association to conduct the Feria: Unidos Contra la Diabetes
(United Against Diabetes) event at Kimball Park on November 4, 2006. This event is designed to inform
members of the Hispanic community the risks of diabetes. Approximately 25 vendor booths will be set up,
and flu shots and cholesterol screenings will be available to attendees.
Crowd control will be provided by the sponsor.
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
$825.81 for Public Works. Total fees are $1519.81.
Account No.
STAFF RECOMMENDATION
Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval
with no waiver of fees.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
Resolution No.
Application for a Temporary Use Permit with recommended approvals and conditions of approval.
A-200 (9/99)
CITY OF NATIONAL CITY
BUILDING AND SAFETY DEPARTMENT
APPLICATION FOR A TEMPORARY USE PERMIT
RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL
SPONSORING ORGANIZATION: American Diabetes Association
EVENT: Feria: Unidos Contra la Diabetes (United Against Diabetes)
DATE OF EVENT: November 4, 2006
TIME OF EVENT: 10 a.m. — 3 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 [ x ]
FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ]
COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ]
POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ]
BUILDING & SAFETY YES [ x ] NO [ ] SEE CONDITIONS [ x ]
CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x
CONDITIONS OF APPROVAL:
POLICE (619) 336-4400
Crowd control committee will need to submit a security plan to the Police
Department for approval, along with contact information for on -site security
personnel for the date of the event.
ENGINEERING
No CIP Projects in the event's vicinities anticipated as of event. However,
please confirm with Engineering 2 weeks prior to the event to check, modify,
and confirm schedule, if necessary. For more information, please contact
Kenneth Fernandez at 619-336-4388.
FIRE (619) 336-4550
1) Fire access to be maintained at all times, into and through the park.
Access to be maintained at all times to all Fire Department connections and
appliances, (fire hydrants, sprinkler system connections, etc.).
3) 2A:10BC fire extinguishers required. Minimum of one fire extinguisher to be
located at the stage, one for every three booths where electricity is being used.
Fire extinguisher locations to be spaced throughout the area and not to exceed
a travel distance of seventy-five (75) feet.
4) 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.
FINANCE (619) 336-4330
1. A Business License is required IF monies are solicited, admittance charged or
food, beverages or merchandise is sold. The organization holding this event
and each vendor present at this event must have a separate business license.
Vendors currently licensed by the City may operate on their existing license.
2. A list of all participating vendors (with their address, phone number and
current National City business license number) is to be provided to the
Revenue and Recovery Division of the Finance Department two weeks prior
to the event for verification of business license numbers.
3. If any of the vendors or organizations is registered not -for -profit, there will be
no charge for the Business License. However, a Business License certificate
must be obtained for the City Revenue & Recovery Division, Business
License Section. (Note: A clearance fee does apply to non-profit
organizations located in National City that submit an initial business license
application.)
BUILDING & SAFETY (619) 336-4210
It is the applicant's responsibility to provide written notification to occupants
of property adjacent to Kimball Park for an event. A written notification shall
be provided to the Building & Safety Department for approval prior to
mailing. A notification should be provided to the management at
Morgan/Kimball Towers. Property occupants should be notified no less than
72 hours prior to the start of the set-up activities for the event.
PUBLIC WORKS (619) 336-4580
Street Division
1. Staff will deliver barricades to street comers or to applicant prior to the event.
The applicant shall install these barricades and remove them to a safe location
at the conclusion of the event. Staff will pick them up on the following
workday.
2. Staff will post "No Parking" signs along affected streets before the event.
Parks Division
1. Council Policy restricts the use of the City's stage for events on private
property. Therefore, unless Council waives this policy (copy attached), the
stage will not be provided for this event.
2. The event organizers shall provide 6 portable toilets.
Fees
Unless waived by the City Council, the applicant shall pay $825.81 for staff
costs associated with this permit request. The cost was estimated as follows:
Street Division: $83.81 (acct. #001-422-221-102)
Park Division: $742.00 (acct. #105-422-000-102)
CITY ATTORNEY
1. Requires an indemnification and hold harmless agreement, and a policy of
general liability insurance, with the City, Parking Authority, and its officials,
employees, agents and volunteers as additional insureds, with amounts of
coverage to be determined by the Risk Manager.
KIMBALL PARK
T.U.P. EVENT NOTIFICATION PROCEDURES
It shall be the responsibility of the T.U.P. applicant to provide written notification to occupants of property
adjacent to a City park for events in the park which involve any of the following activities:
1. Live musical performances.
2. Use of amplified sound
systems other than hand-held
or portable systems.
3. Fireworks or similar
pyrotechnic displays
4. Other activities or events
which the City Council
deems warrant notification.
The written notification shall include the name and telephone number of the sponsor of the event, the
nature of the event, the date and hours of set-up and tear -down for the event, the date and hours of the
event, and the name of the sponsor's representative who will be at park the on the day(s) of the event and
how that individual may be contacted should the need arise.
The written notification shall be mailed to the occupants of properties abutting City parks as reflected on
maps prepared by the Building & Safety Department. The written notification shall be submitted to the
Building & Safety Director for review and approval prior to mailing. The date of mailing of the
notification shall be scheduled so that the notification will be received by property occupants no less than
72 hours prior to the start of set-up activities for the event.
Failure to provide notification as stated herein may be cause for the revocation of T.U.P. approval
for the event, or denial of future T.U.P. applications submitted by the sponsoring organization.
Upon approval of the Building & Safety Director, the notification shall be mailed to the following
addresses:
12th Street
D Avenue:
14th Street:
15th Street:
E Avenue:
F Avenue:
C Avenue:
B Avenue:
16th Street:
41-A, 41-B, 41-C, 41-D, 41-E, 41-F, 41-G, 43-A, 43-B, 43-C, 43-D, 201, 203,
205, 207, 209, 211, 213, 215, 217, 219, 233, 239.
1127-A, 1127-B, 1127-C, 1127-D, 1127-E, 1135-A, 1135-B, 1135-C, 1135-D,
1136, 1141 -A, 1141-B, 1141-C, 1141-D, 1147-A, 1147-B, 1147-C, 1147-D,
1221, Manager Morgan/Kimball Towers 1317 D Avenue, 1519, 1521, 1525,
1527, 1529,1604, 1610.
504, 524.
300, 404
1409, 1419, 1429, 1439.
1404, 1408, 1418, 1428, 1438.
1133, 1504, 1506, 1516, 1521, 1522, 1531, 1533, 1541.
1139, 1140
26, 26 1/2, 38, 49, 120, 122, 142, 205, 206, 214, 2I6, 223, 224, 232, 240,
243,306, 312, 319, 333.
National City Blvd: 1401.
10/21/97
n
KIMBALL PARK
TEMPORARY USE PERMIT
PROPERTY NOTIFICATION
PLAZA
J
•15t`RT ST T,
w.
16 th
MAP
17th STREET
000,11)
BLVD.
y- 1w
12 0.
i:j -
15thSTF.ZET
>p
PLEASE SEE REVERSE SIDE FOR NOTIFICATION
PROCEDURES AND ADDRESSES OF PROPERTIES
TO RECEIVE NOTIFICATION
10/21/97
t.
CITY COUNCIL POLICY
TITLE: POLICY GOVERNING THE USE OF THE MOBILE
STAGE AND EQUIPMENT
POLICY
NUMBER: 802
ADOPTED: AMENDED OR
November 12, 1991 REVISED: ,,April 5, 1994
POLICY. The Mobile Stage and the equipment attendant thereto shall
be used only,on city parklands, and/or other public property within
the city limits of National City. Regular use that is approved
annually includes:
Maytime Band Review
4th of July Celebration
Chile Cookoff
Old Town Celebration
Parks and Recreation Department Events
The Parks and Recreation Director may authorize other use of the
stage when all of the following conditions are met:
1. There is no profit motive and the sponsoring group is a
recognized National City Organization.
2. The event is co -sponsored by the City of National City.
3. The event is open and free to the public.
4. The event is .recognized as being in the public interest.
5. The event must take place within the city limits of
National City.
e Parks and Recreation Director shall insure that the following
rocedures are followed:
The'stage shall be transported by city staff.
All equipment shall be connected for service at the event site
by city staff.
The USER shall be financially responsible for any damage to the
unit resulting from carelessness or misuse.
The stage shall be returned to the Public Works Yard at the
and of each event by city staff.
4
Type of Event:
Public Concert y_ Fair
_ Parade Demonstration
_ Motion Picture _ Grand Opening
Festival
_
Circus
Other
_ Community Event
Block Party
Event Title: Ut i i°S a00)/L Dla9 WhrteI qq f D i )
Event Location: 41144111 ?kik(' N iwutI
Event Date(s): From It " /t °b to "l DC Total Anticipated Attendance: g CrV9
onth/Day/Y4ar ( Participants)
( Spectators)
Actual Event Hours: I rr /pm to 3 am/,. r
Setup/assembly/construction Date: 1! 1%bStart time: 7' �a
Please describe the scope of your setup/assembly work (specific details):
Dismantle Date: III to Completion Time: 5 a
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.
No 5� . 't4-
Sponsoring Organization: J V1hth D►I4 hs�*For Profit
/'� -,C Not -for -Profit
Chief Officer of Organization (Name) �lll (.� ��
Applicant (Name): Jntt 61)K1 9/
Address:
aroMoi suiV SD g2101
Daytime Phone: ((OK) 2 T i 7 Evening Phone: (fv(-I)LCvl-3 Fax: (! I) .21I" 7 -/
Contact Person on site" day ofl►the`i Irk k hoo7,41 event:
Pager/Cellular: tp14 - 20I' z
NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT
AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS
Is your organization a "Tax Exempt, nonprofit' organization?
Are admission, entry, vendor or participant fees required?
If YES, please expl in the purpose and provide amount(s):
��`GfiLGG[ C{ j �l* wt ���
$ e00(0
YES NO
YES NO
f r i91
Estimated Gross Receipts including ticket, product and sponsorship sales from
this event.
$ i�rr''t/ Estimated Expenses for this event,
$ 1' CVO What is the projected amount of revenue that the Nonprofit Organization will
receive as a result of this event?
Please provide a DETAILED DESCRIPTION of your event. Include details regarding any
components of your event such as the use of vehicles, animals, rides or any other pertinent
information about the event.
DAl9d1A 5 a DADY pia '`5 in
rittA 4AiN514.Nt. l°64 kbi)(44A-;61 ka/FIN) 0---r4e/6
bit r, mvNI11 w►-k. ( V 7'P frQ$;
Va
OW NA a 5 fLa- .,' -, 194--
0�i, i. I (i� �7A — us i �?� p 05► G1 U�'t mit,N TIA7
YES X NO
N'i Lf vj tvA-j't+ 3(l+ke,
-;ramp bs
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:
YES yNO Does the event involve the sale or use of alcoholic beverages?
YES NO Will it ms or services be sold at the event? If yes, please describe:
16 Sy haind C In °k I s)ura,n-t r .
YES NO Does the event involve a moving route of any kind along streets, sidewalks or
highways? If YES, attach a detailed map of your proposed route indicate the
direction of travel, and provide a written narrative to explain your route.
YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map
showing all streets impacted by the event.
XYES NO Does the event involve the use of tents or canopyes? Ifs S: Iit'Jrz y'G
Number of tent/canopies 25 Sizes t+ U
NOTE: A separate Fire Department permit is required for tents or canopies.
A YES _ NO Will the event involve the use of the City stage or PA system?
In addition to the route map required above, please attach a diagram showing the overall layout
and set-up locations for the following items:
Alcoholic and Nonalcoholic Concession and/or Beer Garden areas.
Food Concession and/or Food Preparation areas _
Please describe how food will be served at the event: emu II FfA by (2.f ()►tt
1,W141,i14 —fV1Aa )d °v C-
WWII b( 5a-we4t) a
If you intend t cook food in the even area please specify the method:
GAS ELECTRIC CHARCOAL OTHER (Specify):
Portable and/or Permanent T ilet Facilities
Number of portable toilets: (1 for every 250 people is required, unless the
applicant can show that there are facilities in the immediate area available to the public
during the event)
• Tables and Chairs
• Fencing, barriers and/or barricades
Generator locations and/or source of electricity
Canopies or tent locations (include tent/canopy dimensions)
Booths, exhibits, displays or enclosures
• Scaffolding, bleachers, platforms, stages, grandstands or related structures
Vehicles and/or trailers
• Other related event components not covered above
Trash containers and dumpsters
(Note: You must properly dispose of waste and garbage throughout the term of your
event and immediately upon conclusion of the event the area must be returned to a clean
condition_)
Number of trash cans: 1—
Trash containers with lids: 12—
Describe your plan for clean-up and removal of waste and garbage during and after the event:
clan (19 cio,rnmui1te 01 I2° c a pnvioui piAPYr
c iy&,(' :U11i c i ,0
C
Please describe your procedures for both Crowd Control and Internal Security:
.Pr: c t' a ttawl4tte, h.as
Gam ¥ crW ( G-Ot / rs McL141
YES 4 NO Have you hired any Professional Security organization to handle security
arrangements for this event? If YES, please list:
Security Organization:
Security Organization Address:
Security Director (Name): Phone:
YES X NO Is this a night event? If YES, please state how the event and surrounding area
will be illuminated to ensure safety of the participants and spectators:
Please indicate wh t a rangement yo.0 have made for p oviding Firs Aid St f and Epupment.
12/, �� }2OOif'll� h ��
o-
f */;16111,P . ()VJ 9 �i' '►�I �� dm -f ix ��v ��
Ple se de cribe our Ac, ssi i ity PI fo a cess t our e t by individuals with dis b sties:
l410411 +�i%' - ' u i f - Yi I I lam r V1
415 k
I[,UVt i\. O i 6ti �t ►v
Please provide a detailed description of your PARKING plan:
5 of 1 VT ' UE � 41-1DmIU i a, "bdaVtilwv)
Please de crib o Ir pl 1 f DISABLE
1f /&t� tt -- cr4,7
inf4V)AUK
D PA KING::
fj�q o" P)I (/XtrVet4 1t)
1/1
Revised 08/10/05
Please describe your plans to notify all residents, businesses and churches impacted by the
event: COI v NI CONAIVt athtb114494 it iyDiI4-- 61, Wivtivt.
mircrit 5 aYk(f 5e,Vern 1147105 01, 'ihe tivocr
NOTE: Neighborhood residents must be notified 72 hours in advance when events are
scheduled in the City parks.
YES NO Are there any musical entertainment features related to your event? If YES,
please state the number of stages, number of bands and type of music.
Number of Stages: Number of Bands:
Type of Music: 1414
�f
JYES NO Will sound amplification be used? If YES, please indicate:
Start time: am/pm Finish Time am/pm
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:
YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe:
n nt6 n rVon lI u ;-
`` its ' GU`�Sp(t f �'Ul,rlgi al' , e ovfrut
L?6J) li/��1. \ij
�/ V 1
For Office 'Use Only
Department Date
Approved? Yes No Initial
Specific Conditions of Approval
Council Meeting Date:
Approved: Yes No
Vote:
Kathleen Trees. Director
Building & Safety Department
N
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N
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B
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Civic
Center
Parking
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66
T
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M.L.K.
Community
Center
Rest
Rooms
Library
Allen
Field
Little League
Field
Stage
Exhibit Booths
PARKING
5
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City of National City
PUBLIC PROPERTY USE HOLD HARMLESS AND
INDEMNIFICATION AGREEMENT
Persons requesting use of City property, facilities or personnel are required to
provide a minimum of $1,000,000 combined single limit insurance for bodily
injury and property damage which includes the City, its officials, agents and
employees named as additional insured and to sign the Hold Harmless
Agreement. Certificate of insurance must be attached to this permit.
Organization A ii PIA948�1 "1
Person in Charge of Activity
Address
22� Oatulwi s l) W
Telephone PI • 2-34H8T 1c9573Date(s) of Use
IyW• L , POV
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.
.t .O-�'lfit
Signa ure of Appli
Exec. Kec7L0
n
Official Title Date
For Office Use Only
(oikp/(*
Certificate of Insurance Approved Date
/L/
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?
Yes (proceed to Question 2)
No (Please sign the form and submit it with the TUP
Application)
2. Please state the name and type of organization sponsoring the event
for which the TUP is sought and then proceed to Question 3.
Name of the sponsoring organization AVVWIGarl �`'t� ` ; °L
Type of Organization I �V
(Service Club, Church, Social Service Agency, etc.)
4 ifANiD4 41,411
IJ ' V1 d9;t4/k 6tWii AA)
3. Will the event generate net income or proceeds t the sponsoring
organization?
Yes (Please proceed to Question 4)
No (Please sign the form and submit it with the TUP
Application)
4. Will the proceeds provide a direct financial benefit to an individual
who resides in or is employed in the city, and who is in dire financial
need due to health reasons or a death in the family?
Yes (Please proviple an ex an tion and det
�i(
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)
l�J
City of National City, California
COUNCIL AGENDA STATEMENT
AUGUST 1, 2006
.rlEETING DATE AGENDA ITEM NO.
14
ITEM TITLE WARRANT REGISTER #1
PREPARED BY Finance DEPARTMENT City Manager
Lin Wurbs
619-336-4240
EXPLANATION
Ratification of Warrant Register #1 per Government Section Code 37208.
Environmental Review N/A
Financial Statement
Not applicable.
Approved B
Budget & I1 estment fficer
Account No.
STAFF RECOMMENDATION
I recommend ratification of these warrants for a total of $ 1,285,031.50
BOARD/COMMISSION RE OMMENDAT ON
Ji�eq�vLGc�
ATTACHMENTS ( Listed Below )
1. Warrant Register#1
2. Workers Comp Warrant Registers dated 6/28/06
3. Payroll register dated 6/28/06
Resolution No.
A-200 (9/80)
City of National City
WARRANT REGISTER # 1
7/4/2006
Descrintion chk no chk date amount
CITY OF RIVERSIDE FIRE DEPT GOVERNMENTAL PURPOSES 209105 6/28/2006 200.00
FIRE PREVENTION SERVICES INC FY 05-06 APPORTIONMENT#10 209106 6/29/2006 3,393.77
MILE OF CARS ASSOCIATION FY 05-06 APPORTIONMENT#10 209107 6/29/2006 30,067.96
MORGAN SQUARE, INC. FY 05-06 APPORTIONMENT#10 209108 6/29/2006 65,121.48
CANTERO RPLC DIRECT DEPOSIT 06/28/06-ACCT CLOSED 209109 7/3/2006 1,347.63
GLOBAL KNOWLEDGE CISCO TRAINING 209110 7/3/2006 6,390.00
DYNIX INC. HORIZON WEB REPORTER 209111 7/4/2006 7,364.63
BAKER & TAYLOR LIT. SVCS. Y3 (INSTRUCTIONAL SUPPLIES) 209112 7/4/2006 1,445.95
.;ATHAY RETA PRIME TIME Y2 (TRAVEL) 209113 7/4/2006 1,280.99
CHRISTENSEN PRIME TIME Y2 (TRAVEL) 209114 7/4/2006 113.29
CINGULAR WIRELESS WINGS (TELEPHONE) 209115 7/4/2006 414.13
CINGULAR WIRELESS WINGS (TELEPHONE) 209116 7/4/2006 44.83
CLARK EASY VOTER GUIDE Y2 (EXPERT SERVICES) 209117 7/4/2006 27,027.80
DILLE PRIME TIME Y2 (TRAVEL) 209118 7/4/2006 88.06
EVERETT PRIME TIME Y2 (TRAVEL) 209119 7/4/2006 314.16
FESTEJO LIT. INIT. XIV (TRAVEL) 209120 7/4/2006 15.00
GOMEZ LIT. INIT. XIV (TRAVEL) 209121 7/4/2006 22.48
JONES LIT. INIT. XIV (EXPERT SERVICES) 209122 7/4/2006 947.13
KEENER LIT. INIT. XIV (TRAVEL) 209123 7/4/2006 48.00
KUO LIT. INIT. XIV (TRAVEL) 209124 7/4/2006 46.24
LEAGUE OF WOMEN VOTERS LIT. INIT. XIV (CONTRACT SERVICES) 209125 7/4/2006 45,000.00
LITERACYWORKS AMERICORPS LSTA Y3 (EXPERT SERVICES) 209126 7/4/2006 26,065.00
MADERA UNIFIED SCHOOL DISTRICTPRIME TIME Y2 (TRAVEL)
O'HARA
LIT. INIT. XIV (TRAVEL)
209127 7/4/2006 600.00
209128 7/4/2006 2,767.90
1
REDMOND
SPRINT
STANISLAUS LITERACY CENTER
LIT. INIT. XIV (TRAVEL)
WINGS (TELEPHONE)
PRIME TIME Y2 (TRAVEL)
VENTURA COUNTY LIBRARY SERVIC: PRIME TIME Y2 (TRAVEL)
XEROX CORPORATION
ALCEM FENCE CO., INC,
AMERICAN FORENSIC NURSES
LIT. SVCS. Y3 (CONTRACT SERVICES)
CITY FENCE AND WALL REPAIRS AS NEEDED
SUSPECT BLOOD WITHDRAWALS, URINE TESTS,
AMERICAN ROTARY BROOM CO., INCMOP 62683 - SWEEPER PARTS
AYDELOTTE
BCM MECHANICAL INC.
BOOT WORLD
BOYD
CWREEDJR
ADV MEALS/BASIC SNIPER CRSE JUL 10-14/06
MAINTENANCE OF HVAC FOR CITY HALL DATA
MOP 64096 - BOOTS - ROUSTON
RETIREE HEALTH BENEFITS JULY 2006
RETIREMENT 2000964-S90 DULY 2006
CALIFORNIA COMMERCIAL SECURIT' MOP 45754 - KEY
CARQUEST AUTO PARTS
CARTER
CHAMPION RESCUE TOOLS
CINGULAR WIRELESS
CITY OF CARLSBAD
CITY OF CHULA VISTA
CITY OF CHULA VISTA
MOP 47557 - CALIPER
LIABILITY CLAIM COSTS
MINERAL OIL
CINGULAR WIRELESS DATA #043-980300
TECHNICAL PERSONNEL CHARGES
ANIMAL SHELTER COSTS -MAY 2006
GOVERNMENTAL PURPOSES
COMPUTER PROTECTION TECH. INC. ANNUAL MAINTENANCE FOR POLICE
CORPORATE EXPRESS
COUNTY OF SAN DIEGO
COUNTY OF SAN DIEGO
COURTYARD BY MARRIOT
D-MAX ENGINEERING INC
D-MAX ENGINEERING INC
D-MAX ENGINEERING INC
D-MAX ENGINEERING INC
DANIEL PEARCE/ RPM WELDING
MOP 45704 - OFFICE SUPPLIES
MAIL SERVICES CHARGES FOR APR 2006
MAIL SERVICES CHARGES FOR MAR 2006
ADVANCED LODGING/HERNANDEZ
T&A#962 CANYON RIDGE HOMES
T&A#950 FIG COURT AND DIVISION
T&A#1051 225 WEST 30TH STREET
T&A#962 CANYON RIDGE HOMES
MOP 45746 - REPAIRS TO #412
209129 7/4/2006
209130. 7/4/2006
209131 7/4/2006
209132 7/4/2006
209133 7/4/2006
209134 7/4/2006
209135 7/4/2006
209136 7/4/2006
209137 7/4/2006
209138 7/4/2006
209139 7/4/2006
209140 7/4/2006
209141 7/4/2006
209142 7/4/2006
209143 7/4/2006
209144 7/4/2006
209145 7/4/2006
209146 7/4/2006
209147 7/4/2006
209148 7/4/2006
209149 7/4/2006
209150 7/4/2006
209151 7/4/2006
209152 7/4/2006
209153 7/4/2006
209154 7/4/2006
209155 7/4/2006
209156 7/4/2006
209157 7/4/2006
209158 7/4/2006
209159 7/4/2006
228.48
88.52
385.00
527.28
2,087.65
3,210.00
866.00
297.99
209.00
362.50
337.26
145.00
1,016.02
12.12
367.66
466.08
43.10
14.30
91.32
8,296.11
2,225.00
2,100.00
896.29
3,855.27
3,631.54
466.20
1,592.50
1,297.50
1,052.50
387.50
113.89
2
DAPPER TIRE COMPANY TIRES 209160 7/4/2006 159.45
DATA TICKET INC MAY 2006 PARKING CITATIONS PROCESSING 209161 7/4/2006 4,503.10
DAY WIRELESS SYSTEMS SERVICE AGREEMENT FOR COMMUNICATIONS 209162 7/4/2006 794.88
DEFRATIS RETIREE HEALTH BENEFITS JULY 2006 209163 7/4/2006 120.00
DICERCHIO RETIREE HEALTH BENEFITS JULY 2006 209164 7/4/2006 70.00
DIXIELINE LUMBER CO. MOP 45707 - BUG SPRAY 209165 7/4/2006 93.49
DOUGHERTY ADV MEALSBASIC SNIPER CRSE JUL 10-14/06 209166 7/4/2006 209.00
DREDGE RETIREE HEALTH BENEFITS JULY 2006 209167 7/4/2006 250.00
DREW FORD MOP 49078 - ADAPTOR 209168 7/4/2006 159.50
ENVIRONMENTAL HAZARDS SERVICI LEAD WIPE SAMPLES ANALYZED 209169 7/4/2006 252.00
ENVIRONMENTAL HAZARDS SERVICI LEAD WIPE SAMPLES ANALYZED 209170 7/4/2006 120.00
EWERT, PHILLIP RETIREE HEALTH BENEFITS JULY 2006 209171 7/4/2006 160.00
EXPRESSTEL LONG DISTANCE SERVICES #24303871 209172 7/4/2006 182.84
FEDEX LEAD GRANT POSTAGE 209173 7/4/2006 20.05
FERGUSON ENTERPRISES, INC MOP 45723 - COUPLINGS 209174 7/4/2006 238.15
'LEFT SERVICES, INC MOP 67804 - SCOTSEAL 209175 7/4/2006 30.03
GEORGE H WATERS NUTRITION CNTF TINY TOT GRADUATING CEREMONY 209176 7/4/2006 160.00
GEORGE H WATERS NUTRITION CNTF CLOSED SESSION MEETING 209177 7/4/2006 60.00
GORMSEN APPLIANCE CO SERVICE CALL TO REPAIR ICEMAKER AT 209178 7/4/2006 59.95
HAMILTON RETIREE HEALTH BENEFITS JULY 2006 209179 7/4/2006 100.00
HANSON AGGREGATES PACIFIC DECOMPOSED GRANITE 209180 7/4/2006 1,447.21
HERNANDEZ ADVANCED MEALS/HERNANDEZ 209181 7/4/2006 153.80
HODGES VEHICLE MILEAGE REIMBURSEMENT 209182 7/4/2006 22.70
HOLLOWAY, WILLIAM RETIREE HEALTH BENEFITS JULY 2006 209183 7/4/2006 150.00
HORIZON HEALTH EAP EMPLOYEE ASSISTANT PROGRAM 209184 7/4/2006 834.14
HYBRIVET SYSTEMS INC. LEADCHECK SWAB - 96 SWAB KIT, #PB-2M96 209185 7/4/2006 461.85
HYDRO-SCAPE PRODUCTS INC. MOP 45720 - IRRIGATION PARTS 209186 7/4/2006 1,624.78
INTERNATIONAL CODE COUNCIL INCGOVERNMENTAL MEMBER DUES 209187 7/4/2006 180.00
INTL. TRAINING RESOURCES, LTD ADV TUITION/AYDELOTTE & DOUGHERTY 209188 7/4/2006 1,200.00
JANNEY & JANNEY ATTY SRVC, INC FILING OF PROPOSED STATEMENT OF DECISION 209189 7/4/2006 50.00
JANNEY & JANNEY ATTY SRVC, INC FILING OF REPLY TO OPPOSITION 209190 7/4/2006 50.00
3
JANNEY & JANNEY ATTY SRVC, INC COPY OF COURT RULING RE PEOPLE V MARINO
JAS PACIFIC, INC.
KIMBLE
LASER SAVER INC
LIBRA HOLDINGS, L.L.C.
LOPEZ
MATIENZO
MCCABE
MINUTEMAN PRESS
MURILLO
MURRAY, JOHN
MYERS
NAPA AUTO PARTS
NOSAL, WILLIAM A.
ONE SOURCE DISTRIBUTORS
OUCHI'S POWER EQUIPMENT
P G AUTO PARTS
PARADISE VALLEY HOSPITAL
PAUU
PERVO TRAFFIC CENTER
POTTER
PRUDENTIAL OVERALL SUPPLY
JIM MCCOY BLDG INSPECTOR FEES MAY 2006
RETIREE HEALTH BENEFITS JULY 2006
MOP 45725 - CARTRIDGES
T&A#991 1625 COOLIDGE AVENUE
INTERPRETATION SRVCS ON 06/20/06
RETIREE HEALTH BENEFITS JULY 2006
RETIREE HEALTH BENEFITS JULY 2006
MOP 47939 REQUISITION FORMS
T&A#667 1132 E 6TH STREET
RETIREE HEALTH BENEFITS JULY 2006
RETIREE HEALTH BENEFITS JULY 2006
- MOP 45735 - FIRST AID KITS
RETIREMENT SETTLEMENT FOR JULY 2006
MOP 67256 - FUSES/TAPE
MOP 45740 - WEEDER
ALTERNATOR
CONTRACT TO PERFORM 'HEALTHY HOMES'
RETIREE HEALTH BENEFITS JULY 2006
MOP 63846 - SAFETY SHIRTS
RETIREE HEALTH BENEFITS JULY 2006
MOP 45742 - UNIFORMS - PARKS
PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 06-06-4
RAY
RETIREE HEALTH BENEFITS JULY 2006
RIVERSIDE COUNTY SHERIFF DEPT ADVANCED TUITION/HERNANDEZ
RUIZ
SAN DIEGO GAS & ELECTRIC
SAN DIEGO GAS & ELECTRIC
SAN DIEGO GAS & ELECTRIC
SAN DIEGO GAS & ELECTRIC
SAN DIEGO GAS & ELECTRIC
RETIREE HEALTH BENEFITS JULY 2006
ELECTRIC BILL/FACILITIES#10441036857
ELECTRIC BILL/STREET#76860974845
ELECTRIC BILL/FACILITIES#10439934345
ELECTRIC BILL/STREET#07385071072
ELECTRIC BILL/STREET#27985377588
209191 7/4/2006 40.55
209192 7/4/2006 7,687.80
209193 7/4/2006 300.00
209194 7/4/2006 259.19
209195 7/4/2006 2,000.00
209196 7/4/2006 100.00
209197 7/4/2006 100.00
209198 7/4/2006 280.00
209199 7/4/2006 151.24
209200 7/4/2006 500.00
209 201 7/4/2006 150.00
209202 7/4/2006 140.00
209203 7/4/2006 1,021.72
209204 7/4/2006 956.73
209205 7/4/2006 365.87
209206 7/4/2006 344.79
209207 7/4/2006 153.59
209208 7/4/2006 6,794.00
209209 7/4/2006 340.00
209210 7/4/2006 584.20
209211 7/4/2006 150.00
209212 7/4/2006 304.66
209213 7/4/2006 59,118.96
209214 7/4/2006 190.00
209215 7/4/2006 167.00
209216 7/4/2006 310.00
209217 7/4/2006 1,750.93
209218 7/4/2006 1,307.24
209219 7/4/2006 450.26
209220 7/4/2006 126.31
209221 7/4/2006 35.80
4
SBC/MCI
BC/MCI
SHORT, CRAIG
AT&T/MCI COMMUNICATION#C60-449-7549-555
AT&T COMMUNICATION#619 477-9738 643 8
RETIREE HEALTH BENEFITS JULY 2006
SOUTHERN CALIF TRUCK STOP MOP 45758 - DIESEL
MOP 45761 REGULAR SUNTONE BADGE REPAIR 209226 7/4/2006
SUN BADGE COMPANY INC.
THE LIGHTHOUSE, INC.
THE STAR NEWS
MOP 45726 - LAMP
PUBLISH NOTICE OF PUBLIC HEARING
TREASURER, COUNTY OF SAN DIEGOHIRT MEMBERSHIP FOR FY06.-
U.S. HEALTHWORKS
WALZ PROPERTIES
WESTFLEX INDUSTRIAL
WOOD & WOOD
WOOD & WOOD
WOOD & WOOD
ZIETLOW, DAVID
.UMAR INDUSTRIES
MEDICAL SERVICES
REFUND OF DUPLICATE SEWER CHARGES
MOP 63850 - NIPPLE
LIABILITY CLAIM COSTS
LIABILITY CLAIM COSTS
LIABILITY CLAIM COSTS
RETIREE HEALTH BENEFITS JULY 2006
RI (STOP SIGNS) 30", W/ 1160A.
CALIFORNIA COMMERCIAL SECURIT' REPAIR FOR CAMERA IN DRIVERS ROOM
COLORALL TECHNOLOGIES
CORPORATE EXPRESS
DIESEL SYSTEM SERVICES
DIRECT TV
FILIPINO PRESS
KIMBALL MIDWEST
LASER SAVER INC
NEW FLYER PARTS
PRUDENTIAL INSURANCE
SAN DIEGO FRICTION PROD.
SATELLITE PHONE STORE
TARULLI TIRE INC.-SAN DIEGO
1'HERMO KING
UNIFIRST
BUS REPAIRS FOR FY 06
OFFICE SUPPLIES
REBUILD FUEL PUMP INJECTION FOR BUS
DIGITAL SATELLITE RECEIVER
DISPLAY ADVERTISING - FULL PAGE
83990 MASKS
OFFICE SUPPLIES- TONERS
BUS PARTS AS NEEDED FOR FY06
LIFE INSURANCE - JUNE '06
BUS PARTS AS NEEDED FOR FY06
GLOBALSTAR EMERGENCY PLAN RENEWAL
TIRES
BUS PARTS AS NEEDED FOR FY 06
MAINTENANCE LAUNDRY SERVICE FOR FY 06
209222 7/4/2006 6,293.58
209223 7/4/2006 226.63
209224 7/4/2006 300.00
209225 7/4/2006 82.00
39.59
209227 7/4/2006 183.28
209228 7/4/2006 92.25
209229 7/4/2006 35,679.00
209230 7/4/2006 160.00
209231 7/4/2006 22,370.88
209232 7/4/2006 203.95
209233 7/4/2006 8,132.00
209234 7/4/2006 4,626.61
209235 7/4/2006 1,123.25
209236 7/4/2006 150.00
209237 7/4/2006 1,375.11
209238 7/4/2006 232.50
209239 7/4/2006 725.00
209240 7/4/2006 25.30
209241 7/4/2006 597.69
209242 7/4/2006 91.59
209243 7/4/2006 500.00
209244 7/4/2006 267.86
209245 7/4/2006 820.57
209246 7/4/2006 1,118.00
209247 7/4/2006 710.20
209248 7/4/2006 104.52
209249 7/4/2006 700.00
209250 7/4/2006 7,954.94
209251 7/4/2006 543.82
209252 7/4/2006 74.19
5
W.W. GRAINGER, INC. SHOP. SUPPLIES
Workers compensation checks
PAYROLL
Pay period
Start Date
End Date Check Date
209253 7/4/2006
23.79
Total 452,421.87
11811 6/28/2006
11812 6/28/2006
11813 6/28/2006
11814 6/28/2006
11815 6/28/2006
11816 6/28/2006
11817 6/28/2006
11818 6/28/2006
11819 6/28/2006
11820 6/28/2006
11821 6/28/2006
11822 6/28/2006
11823 6/28/2006
11824 6/28/2006
11827 6/28/2006
235.26
103.80
5,362.82
75.77
1,105.25
200.63
28.50
37.98
266.10
47.60
41.47
536.51
110.39
440.00
440.00
Total 9,032.08
Total 461,453.95
280 6/6/2006 6/19/2006 6/28/2006 Total 823,577.55
GRAND TOTAL 1,285,031.50
TRANSIT WARRANTS CHECKS 209238-209253 CKS 16 TOTAL $14,471.76
6
001
104
105
109
111
120
125
136
158
171
172
191
212
230
246
254
273
284
285
286
287
288
291
294
301
302
307
552
626
627
628
629
631
632
643
726
City of National City
Warrant Register # 1
07/04/06
GENERAL FUND
LIBRARY FUND
PARKS MAINTENANCE FUND
GAS TAXES FUND
P.O.S.T. FUND
PLAN CHECKING REVOLVING FUND
SEWER SERVICE FUND
TINY TOT CLASSES FUND
SWIMMING POOL REVOLVING FUND
LIBRARY SCHOOL DISTRICT CNTRCT
TRASH RATE STABILIZATION FUND
STOP PROJECT
PERSONNEL COMPENSATION FUND
ABANDONED VEHICLE ABATEMENT GRANT
WINGS GRANT
LEAD -BASED PAINT HAZARD REDUCTION GRANT
CBAG-MAJOR MEXICAN TRAFFICKERS
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
►NFORMATION SYSTEMS MAINTENANC
TELECOMMUNICATIONS REVOLVING
GENERAL ACCOUNTING SERVICES
MOTOR VEHICLE SVC FUND
ENGINEERING/PUBLIC WORKS T & A DEPOSITS
Total
821,146.29
21,092.43
20,771.16
5,438.07
1,038.00
7,687.80
41,838.89
160.00
1,790.19
8,771.37
3,596.41
5,306.89
22,242.11
1,473.85
36,499.76
9,198.69
2,773.16
50,959.69
33,817.19
4,464.34
22,457.37
4,559.08
3,111.19
9,709.73
8,950.45
17,188.18
5,856.96
14,471.76
21,058.29
23,540.02
5,463.56
12,273.13
8,540.45
10,109.15
10,845.89
6,830.00
1,285,031.50
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.
GET & Job's,
ENT
FICER 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 1st OF AUGUST 2006.
AYES
NAYS
ABSENT
City of National City, California
COUNCIL AGENDA STATEMENT
AUGUST 1, 2006 15
AEETING DATE AGENDA ITEM NO.
ITEM TITLE WARRANT REGISTER #2
PREPARED BY Finance
DEPARTMENT
City Manager
Lin Wurbs
619-336-4240
EXPLANATION
Ratification of Warrant Register #2 per Government Section Code 37208.
Environmental Review N/A
Financial Statement
Not applicable.
Approved By:
Budget & Inve
nt Officer
Account No.
STAFF RECOMMENDATION
I recommend ratification of these warrants for a total of $ 368,173.73
BOARD/COMMISSION RECOM ENDATION
ATTACHMENTS ( Listed Below )
1. Warrant Register#2
2. Workers Comp Warrant Registers dated 7/05/06
A-200 (9/80)
Resolution No.
Payee
RESIDENCE INN SAN JOSE SOUTH
ACCOUNTEMPS
ACCOUNTEMPS
AIRGAS-WEST
ALLEN
BOOT WORLD
CAPF
CALIFORNIA BUILDING OFFICIALS
CALIFORNIA COMMERCIAL SECUR
CALIFORNIA LAW ENFORCEMENT
1TY OF NATIONAL CITY
CLEAN HARBORS
CORPORATE EXPRESS
DIXIELINE LUMBER CO.
DREW FORD
HEALTH NET
HEALTH NET
HEALTH NET
HEALTH NET
HILTON BURBANK AIRPORT
HILTON BURBANK AIRPORT
HUNTER'S NURSERY INC.
HYDRO-SCAPE PRODUCTS INC.
INTL. TRAINING RESOURCES, LTD
JEFFERSON PILOT FINANCIAL
City of National City
WARRANT REGISTER # 2
7/11/2096
Description chk no
ADV LODGING/AYDELOTTE & DOUGHERTY 209254
TEMP SRVCS MARY-JO REBELEZ W/E 06/16/0(209255
TEMP SRVCS MARY-JO REBELEZ W/E 06/23/06209256
MOP 45714 - GLOVES
125 PLAN REIMBURSEMENT
MOP 64096 - SAFETY BOOTS - GONZALEZ
FIRE/LTD JULY 2006
CALBO MEMBERSHIP APPLICATION
MOP 45754 - PROXIMITY READER
PD/LTD JULY 2006
PETTY CASH PAY PERIOD ENDED JUN 30,200 209264
HAZARDOUS WASTE PICKUP FOR FISCAL YE209265
209266
MOP 45704 TAPE AUDIO
MOP 45707 REBAR LENGTH
MOP 49078 - HOSE/COIL
HEALTH INS JULY 2006 57135A
HEALTH-RET INS 57135F JULY 2006
HEALTH -ELECT INS JULY 2006 85027A
HEALTH -ELECT INS JULY 2006 85027B
ADV LODGING/BASIC SWAT ACADEMY JUL 1209273
ADV LODGINGBASIC SWAT ACADEMY JUL 1209274
MOP 45719 - PLANTS
MOP 45720 - IRRIGATION PARTS
ADV TUITION/BASIC SWAT ACADEMY JUL 17209277
LIFE INS JULY 2006
RISER FOUNDATION HEALTH PLA KAISER INS ACTIVE JULY 2006
chk date amount
7/6/06 750.60
7/11/06 1,480.00
7/11/06 1,480.00
209257 7/I1/06 322.64
209258 7/11/06 229.45
209259 7/11/06 116.35
209260 7/11/06 608.00
209261 7/11/06 215.00
209262 7/11/06 491.74
209263 7/11/06 1,540.50
7/11/06 952.93
7/11/06 450.00
7/11/06 254.83
209267 7/11/06 1,484.92
209268 7/11/06 331.99
209269 7/11/06 60,667.41
209270 7/11/06 3,841.23
209271 7/11/06 2,485.97
209272 7/11/06 514.01
7/11/06 1,524.00
7/11/06 1,524.00
209275 7/11/06 299.22
209276 7/11/06 893.28
7/11/06 1,590.00
209278 7/11/06 11,008.34
209279 7/11/06 107,176.32
1
City of National City
WARRANT REGISTER # 2
7/11/2006
Payee Description
KAISER FOUNDATION HEALTH PLA KAISER RET INS DULY 2006
chk no chk date amount
209280 7/11/06 2,104.94
LASER SAVER INC MOP 45725 CARTRIDGES 209281 7/11/06 236.94
N C CHAMBER OF COMMERCE CITY ENHANCEMENT FUND JULY 2006 209282 7/11/06 3,750.00
NAPA AUTO PARTS MOP 45735 - SCAN TOOL 209283 7/11/06 193.95
NATIONAL CITY AUTO TRIM MOP 45736 - REPAIR FIRE TRUCK SEAT 209284 7/11/06 91.59
PANTOJA REFUND FOR OVERPAYMT OF PARKING CITA209285 7/11/06 25.00
PERRY FORD MOP 45703 - ENGINE CHECK 209286 7/11/06 327.65
PRUDENTIAL OVERALL SUPPLY MOP 45742 ORANGE SHOP TOWELL 209287 7/11/06 92.22
PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 07-06-3 209288 7/11/06 57,351.46
REDIKOP 125 PLAN REIMBURSEMENT 209289 7/11/06 1,221.92
ROAD ONE TOWING MOP 45687 TOWING CHARGES 209290 7/11/06 55.00
ROJAS 125 PLAN REIMBURSEMENT 209291 7/11/06 514.25
SANDOVAL ADV MEALSBASIC SWAT ACADEMY JUL 17-1209292 7/11/06 456.00
SEGOVIA GOVERNMENTAL PURPOSES 209293 7/11/06 200.00
SOUTHLAND AUTO BODY BODY AND PAINT REPAIR FOR CITY VEHICLI209294 7/11/06 815.96
SSD SYSTEMS SECURITY CAMERA SYSTEM FOR PD 209295 7/11/06 23,239.50
TERRY FLECK ADV REGISTRATION/CANINE LEGAL UPDATI209296 7/11/06 328.00
TETRA TECH ASL, INC. SERVICES FROM 4/29-5/26 2006 209297 7/11/06 7,995.57
THE STAR NEWS LEGAL ADVERTISING 209298 7/11/06 161.44
TOVAR REFUND FOR OVERPMT OF PARKING CITATI(209299 7/11/06 25.00
UNION SECURITY INSURANCE CO. VTL JULY 2006 209300 7/11/06 2,600.16
US STERLING CAPITAL CORP TRADE SETTLING CHRGS 6/17/06 - 6/23/06 209301 7/11/06 148.64
WILLY'S ELECTRONIC SUPPLY MOP 45763 BUTT SET/TRACETONE 209302 7/11/06 221.45
ZEFERINO ADV MEALSBASIC SWAT ACADEMY JUL 174209303 7/11/06 456.00
BAYSHORE TRANSIT MGMT INC PAYROLL FOR CHECK DATED 6/30/06 209304 7/11/06 50,605.80
CORPORATE EXPRESS OFFICE SUPPLIES 209305 7/11/06 60.94
DIXIELINE LUMBER CO SHOP SUPPLIES 209306 7/11/06 118.11
2
City of National City
WARRANT REGISTER # 2
7/11/2006
Payee
J.J. KELLER & ASSOCIATES, INC.
PRINCIPAL FINANCIAL GROUP
RON TURLEY ASSOCIATES, INC
SAN DIEGO GAS & ELECTRIC
THERMO KING
401K PPE 06/24/06
Description chk no chk date amount
TRANSIT SAFETY MANUAL 209307 7/11/06 567.48
209308 7/11/06 2,763.81
ANNUAL MA1NT. AGREEMENT SOFTWARE U1209309 7/11/06 700.00
209310 7/11/06 1,732.69
BUS PARTS AS NEEDED FOR FY06 209311 7/11/06 122.39
ELECTRIC - 05/30/06 TO 06/28/06
Total
$ 361,516.59
Workers compensation checks
1.1828
11829
11830
11831
11832
11833
11834
11835
11836
11837
11838
11839
11840
11841
11842
11843
11844
11845
11846
11847
7/5/06
7/5/06
7/5/06
7/5/06
7/5/06
7/5/06
7/5/06
7/5/06
7/5/06
7/5/06
7/5/06
7/5/06
7/5/06
7/5/06
7/5/06
7/5/06
7/5/06
7/5/06
7/5/06
7/5/06
83.94
11.69
285.37
69.19
91.12
294.98
325.65
115.92
88.00
22.00
66.00
176.00
132.00
198.00
74.60
142.96
476.84
195.45
245.40
346.85
City of National City
WARRANT REGISTER # 2
7/11/2006
Payee
Description
chk no chk date amount
11848 7/5/06 346.85
11849 7/5/06 283.01
11850 7/5/06 366.98
11851 7/5/06 317.00
11852 7/5/06 400.00
11853 7/5/06 400.00
11854 7/5/06 400.00
11855 7/5/06 400.00
11856 7/5/06 32.30
11857 7/5/06 269.04
Total $ 6,657.14
Grand Total 368,173.73
TRANSIT WARRANTS CHECKS 209304-209311 CKS 8 TOTAL $56,856.16
4
City of National City
WARRANT REGISTER #2
7/11/2006
001 GENERAL FUND
105 PARKS MAINTENANCE FUND
111 P.O.S.T. FUND
125 SEWER SERVICE FUND
131 ASSET FORFEITURE FUND
172 TRASH RATE STABILIZATION FUND
282 REIMBURSABLE GRANTS CITYWIDE
301 GRANT-C.D.B.G.
302 CDC PAYMENTS
307 PROPOSITION A" FUND
552 TDA
626 FACILITIES MAINT FUND
627 LIABILITY INS. FUND
628 GENERAL SERVICES FUND
629 INFORMATION SYSTEMS MAINTENA
632 GENERAL ACCOUNTING SERVICES
643 MOTOR VEHICLE SVC FUND
724 COBRA/RETIREE INSURANCE
TOTAL
237,827.23
1,865.68
4,710.60
45.09
633.00
450.00
22,606.50
276.09
15,345.02
7,995.57
56,856.16
1,204.52
6,657.14
103.44
357.32
2,984.59
1,795.60
6,460.18
368,173.73
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.
TMENT OFFICER
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 1st OF AUGUST 2006.
AYES
NAYS
ABSENT
MEETING DATE: August 1, 2006
City of National City
COUNCIL AGENDA STATEMENT
AGENDA ITEM NO.
16
ITEM TITLE: PUBLIC HEARING REGARDING LEVY OF ASSESSMENTS FOR COSTS OF MAINTE-
NANCE LANDSCAPE DISTRICT NO.1 (LMD No.1) "MILE OF CARS"
PREPARED BY: LETICIA QUINTERO DEPARTMENT: CITY MANAGER'S OFFICE
EXPLANATION:
This is a public hearing for the levy and collection of assessments for costs of maintenance to the LMD.
Attached to this report is the ORDER OF PROCEDURE for the public hearing.
r
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
/
STAFF RECOMMENDATION:
Approve resolution
BOARD/COMMISSION RECOMMENDATION:
N/A
.TTACHMENTS (Listed Below)
1. Public Hearing Notice
2. Order of Procedure
Resolution No.
NOTICE OF A PUBLIC HEARING 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 "Maintenace District") and,
WHEREAS, at this time the City Council is desirous to take 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.
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.
REPORT OF ENGINEER
Section 4. That the "Report" of the Engineer, as preliminary 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 MEETING AND A PUBLIC
HEARING ARE 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 AFORDED 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.
ORDER OF PROCEDURE
August 1, 2006
Explanation:
The following general outline sets forth an Order of Procedure for the public hearing
relating to the Landscape Maintenance District (LMD).
The Mayor will announce that this Public Hearing relative to the levy and collection of
assessments for costs of maintenance and improvements to the LMD.
The City Clerk will make a statement that notice has been given in the manner and form
as required by law; a Certificate of Compliance is on file and open for public inspection;
and, public notice was provided.
The Community Development Director will provide an oral report on the proposed
purpose and scope, the boundaries of the LMD, the Engineers Report, assessment spread,
and number of protests received to date (% of assessed area) and announce that copies
have been delivered to each member of the legislative body.
The Mayor will ask each speaker to identify themselves and their property and to
provide their comments in the following order: Firstly, those who are in opposition to the
(a) extent of maintenance work to be done; and (b) method of assessment spread.
Secondly, ask to hear from anyone in favor of proceedings.
City Council will provide any discussion over the proceedings, if any.
The Mayor will close the public hearing and the City Council can now consider taking
action on this item.
AEETING DATE: August 1, 2006
City of National City
COUNCIL AGENDA STATEMENT
17
AGENDA ITEM NO.
ITEM TITLE: PUBLIC HEARING REGARDING LEVY OF ASSESSMENTS FOR COSTS OF THE DOWNTOWN NA-
TIONAL
CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT
PREPARED BY: Chris Zapata, Executive Director DEPARTMENT: Community Development Commission
EXPLANATION:
This is the final public hearing relative to the levy and collection of assessments for costs of maintenance to the Down-
town national City Property Business Improvement District (District).
Environmental Review: X N/A
Financial Statement:
Maintenance costs for fiscal -year 2006-2007 operation of the District were estimated at $240,688.64 with an option to in-
crease a maximum 5% for subsequent years with fees to the property owners in the range from $240 to $22,785.90. No
change in the assessment amount is expected for fiscal year 2006-2007.
I
STAFF RECOMMENDATION:
Approve above -subject resolution
BOARD/COMMISSION RECOMMENDATION:
N/A
I
ATTACHMENTS (Listed Below)
1. Public Hearing Notice
Resolution No.
NOTICE OF A PUBLIC HEARING 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 PUBLIC MEETING AND 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 "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 The Downtown National City property Business
Improvement District (hereinafter referred to as the "Maintenance District") and,
WHEREAS, at this time the City Council is desirous to take 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.
WHEREAS, there has been presented and approved by this City the Assessment Engineer's Report
contained in the Downtown National City Property Business Improvement District Management District
Plan ("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.
REPORT OF ENGINEER
Section 4. That the "Report" of the Engineer,. as preliminary 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 HEARING
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 THE FOLLOWING DATES:
A. PUBLIC HEARING: August 1, 2006 AT 5:OOPM
ALL INTERESTED PERSONS SHALL BE AFORDED 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 R. Dalla, City Clerk
APPROVED AS TO FROM:
George H. Eiser, III
City Attorney
City of National City, California
COUNCIL AGENDA STATEMENT
EETING DATE August 1, -2006
SECOND READING
AGENDA ITEM NO. 18
(-ITEM TITLE { Adapt 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 attached memorandum.
CEnvironmental Review
X N/A
MIS Approval
Financial Statement
N/A
>STAFF RECOMMENDATION
Approved By:
Finance Director
Account No.
1. Adopt 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 / 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:<substarltialjnvestrnent 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 isa public nuisance subject to abatement
in accordance with Chapter 1.36 of this Code.
Section 2. That a Notice of Exemption.; shall:. be filedindicating that this
amendment to the Municipal Code is exempt from the Califomia 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 thisday of:. 2006.
ATTEST:
Michael Della, 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: attorneyeci.national-citv.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
7
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 9195Q-4301
Phone: (619) 336-4220 Fax: (619) 336-4327
E-mail: attorney(a�ci.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 teurinates
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 termination 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
terminate 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
concems 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 Nonconfouniing 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
Ordinance: Amortization of Nonconforming 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 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 noracdnforming
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 i se-; 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 nonconforming. 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
Planning Director
CLAUDIA G. SILVA
Senior Assistant City Attorney
2 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.
City of National City
Office of the City Attorney
1243 National City Boulevard., National City, CA 91950-4301
George H. Eiser, III : City Attorney
(619) 336-4220 Fax: (819) 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
00
13ACKGROUND
The City Council has asked this Office to return with a report on a possible ordinance that would
terminate nonconforming uses. This direction was given to us 'with the backdrop of the Westside
Specific Plan currently underway. This area is characterized by residential and industrial uses
operating side -by -side. With this in mind, we discuss possible options for your review and
direction. Staff now seeks your direction based on the discussion below.
DISCUSSION
Generally, the City .Of National City can adopt an ordinance that restricts and terminates
nonconforming uses. A nonconforming use is one that became a prohibited use by the adoption
of a new zoning restriction, but which was lawful prior to the effective date of the zoning
restriction, and has since continued. Such situations arise most frequently when a zoning
ordinance is adopted which restricts or prohibits a commercial or manufacturing use in certain
areas where such uses were permitted prior to the adoption of the ordinance.
A. The Current Code Provisions Allow for Nonconforming Uses
Currently, the City Of National City Municipal Code addresses nonconforming uses in Chapter
18,108. Generally, the Code allows the continuation of a lawful nonconforming use as long as
the use is maintained and occupied. When a use becomes nonconforming, the planning director
issues a certificate of nonconforming use.
A nonconforming use cannot be enlarged, extended, reconstructed or structurally altered, except
under certain enumerated instances. For example, ordinary 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
Ordinances/Nonconforming Uses
April 4, 2006
Page2of4
13. 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
•1.batement 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 Iimited to those situations that arise from g violation of
the code, discontinuance of the use, or determination of a nuisance,
C. Termination of Nonconforming Uses Through Amortization
While nonconforming uses can be terminated upon" the occurrence of a code violation,
discontinuance, or nuisance, there is not a current method of affirmatively terminating
nonconforming uses. Thus, if the nonconforming use complies with the Code and does not
become a nuisance, it can continue indefinitely. There are methods, however, of terminating
nonconforming uses that do not fit within the current parameters.
Amortization is an available method of terminating nonconforming uses. Termination of a
nonconforming use through amortization allows the nonconforming use to continue for a period
of time, after which the use is terminated without compensation. Zoning regulations may provide
for the termination of a nonconforming use after a reasonable period of time passes which is
commensurate with the investment made. Determining what is a reasonable time requires
weighing the public gain from the removal of the use against the private loss caused by the
removal of the use. Some of the relevant factors to consider may include the nature of the
nonconforming use, the character of the structure, the length of time the use has existed,
adaptability of the land and improvements to a currently permitted use, the total cost of the land
and improvements, the location, the cost of'moving, the length of time the user had notice of the
nonconformity, the compatibility with the surrounding land uses, the percentage of total business
involved concerned, the time periods, salvage, depreciation for income tax purposes and other
purposes, and the advantage, if any, which accrues to those nonconforming uses due to the
prohibition of new uses becoming established in the same area.
The courts have sanctioned the amortization of nonconforming uses. The courts have recognized
for over 50 years the "growing tendency to guard against the indefinite continuance of
nonconforming uses by providing for their liquidation within a prescribed period." The City of
Los Angeles v. Gage, 127 Cal. App. 2d 442 (1954), citing to County of San Diego v. McClurken,
37 Cal. 2d 683, 686, Accordingly, amortization is a recognized viable method for terminating
nonconforming uses.
?leach rne if
Ordinances/Nonconforming Uses
April 4, 2006
Page3of4
While amortization is available, it is not without limitation. As described above, various fac. 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 time to be applied to the use before it terminates. Each case must be determined on its
own facts. National Advertising Company v. County of Monterey, 1 Cal. 3d 875, 879 (1970).
Depending on the various factors present and whether the structure itself is nonconforming,
amortization periods can range from 1 year to over 20 years.
D. Proposed Amortization Ordinance
The City Of National City could enact an amortization ordinance to provide a method of
generally terminating nonconforming uses. This ordinance could be applicable to. the whole city
or be limited to geographic areas. The ordinance could be written so that it is part of the
Nonconforming Uses chapter of the Code, and would provide tht: ability to terminate all types of
nonconforming uses. The ability to amortize a specific type of use could arise when a re -zone of
an area occurs, thereby creating the nonconforming use. Concurrently with the re -zone adoption,
a determination of a reasonable amortization period could be made as to that type of use. Any
such determination would need to consider various factors,. like those described below, and
provide the nonconforming user(s) an opportunity to be.heard as to the reasonableness of the
amortization period.
The minimum amortization period could be as minimal as one year for those instances in whiff
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 terminate
could be recommended. The following factors could be considered in making a determination of
the length of time which constitutes a reasonable amortization period: 1) total cost of land and
improvements; 2) length of time the use has existed; 3) adaptability of the Iand 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.
- /1-ffachmenf-i
//
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 ofe Mud "Code,
CGS/cgs
Senior Ass t City Attorney
_4-each :nf /9
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.
13
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
Telephone Number: (619) 336-4310
Exempt Status:
❑ 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: August 1, 2006
City of National City
COUNCIL AGENDA STATEMENT
AGENDA ITEM NO.
19
ITEM TITLE: RESOLUTION CONFIRMING THE ASSESSMENT ENGINEER'S REPORT AND PRO-
VIDING FOR THE LEVY OF THE ANNUAL : ASSESSMENTS WITHIN A SPECIAL MAINTE-
NANCE DISTRICT. (LANDSCAPE MAINTENANCE DISTRICT NO. 1 - MILE OF CARS)
PREPARED BY: LETICIA QUINTERO
DEPARTMENT: CITY MANAGER'S OFFICE
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.
I
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
t
STAFF RECOMMENDATION:
Approve resolution
BOARD/COMMISSION RECOMMENDATION:
4TTACHMENTS (Listed Below)
1. Resolution
2. Engineer's Report
Resolution No.
RESOLUTION NO. 2006 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
CONFIRMING THE ASSESSMENT ENGINEER'S REPORT, AND
PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT
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 XIII D"), 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.
E. The City Council hereby finds and determines that the procedures for the consideration
of the levy of the annual assessment have been undertaken in accordance with both the
1972 Act and Article XIII D inasmuch as the proposed assessments for the Fiscal Year
2006-2007 are not proposed to be increased over the assessment previously authorized
to be levied.
Resolution No. 2006 —
August 1, 2006
Page 2
DETERMINATION AND CONFIRMATION
Section 3. The final assessment and diagram for the proceedings, as contained in
the Assessment Engineer's Report, is hereby approved and confirmed.
Based upon the Assessment Engineer's Report, attached hereto as Attachment
1, and the testimony and other evidence presented at the public hearing, the City Council
hereby makes the following determinations regarding the assessments proposed to be imposed:
A. The proportionate special benefit derived by each individual parcel assessed has been
determined in relationship to the entirety of the cost of the operations and maintenance
expenses.
B. The assessments do not exceed the reasonable cost of the proportional special benefit
conferred on each parcel.
C. Only the special benefits have been assessed.
The assessments for the District contained in the Assessment Engineer's Report
for the next fiscal year are hereby confirmed and levied upon the respective lots or parcels in
the District in the amounts as set forth in such Assessment Engineer's Report.
ORDERING OF MAINTENANCE
Section 4. The public interest and convenience requires, and this legislative body
does hereby order the maintenance work to be made and performed as said maintenance work
is set forth in the Assessment Engineer's Report and as previously declared and set forth in the
Resolution of Intention.
FILING WITH CITY CLERK AND CITY ENGINEER
Section 5. The above -referenced diagram and assessment shall be filed in the
Office of the City Clerk, with certified copy to be filed in the Office of the City Engineer. Said
diagram and assessment and the certified copy thereof, shall be open for public inspection.
FILING WITH COUNTY AUDITOR
Section 6. The City Clerk is hereby ordered and directed to immediately file a
certified copy of the diagram and assessment with the County Auditor. Said filing to be made
no later than the 3rd Monday in August.
ENTRY UPON THE ASSESSMENT ROLL
Section 7. After the filing of the diagram and assessment, the County Auditor shall
enter on the County Assessment Roll opposite each lot or parcel of the land, the amount
assessed thereupon, as shown in the assessment.
Resolution No. 2006 —
August 1, 2006
Page 3
COLLECTION AND PAYMENT
Section 8. The assessments shall be collected at the same time and in the same
manner as the County taxes are collected, and all laws providing for the collection and
enforcement of the County taxes shall apply to the collection and enforcement of the
assessments.
FISCAL YEAR
Section 9. The assessments as above authorized and levied for these proceedings
will provide revenue and related to the fiscal year commencing July 1, 2006 and ending June
30, 2007.
PASSED and ADOPTED this 1st day of August, 2006.
ATTEST:
Michael Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Nick Inzunza, Mayor
3
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 "Reportpursuant 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 Clifornia, 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 H. Cost Estimate. The cost estimate includes all costs relating to maintaining the
improvements for the next fiscal year, including appropriate incidental expenses.
Part TV. 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
Part I. 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.
Assessment Engineer
City of National City
State of California
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1 Iw'
1�\�` C x, iZ/ , 7/ :y. !I
1
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 l8th
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 11
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
I1B 11
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 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 n
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
4 /1 560-204-04 2,435.43
45 560-203-03 3,730.05
46 562-330-43 0.00
Total $ 113,200.00
/0
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
//
r
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.
/2
The frontage of each parcel is determined fromcurrent 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
EDIT `B"
ESTIMAIbD 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
FILED IN R1E OFFICE OF TIE CITY CLERK OF THE CITY OF NATIONAL
CITY MIS DAY OF , 1996.
CITY CLERK
CITY OF NATIONAL CITY
STATE OF CALIFORNIA
RECORDED IN 711E 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 CAUFORNIA
AN ASSESSMENT WAS LINED 09 1HE CITY COUNCIL ON THE LOTS,
PIECES. AND PARCELS OF LAND SHOWN ON THIS ASSESSMENT OIAl34AM.
5A10 ASSESSMENT WAS TEAM ON THE DAY 0f 1996'
5A10 ASSESSMENT DIAGRAM AND 111E A5sE5S4ENT ROLL WERE RECORDED
IN 111E Of FILE OR THE SUPERINTENDENT OF STREETS OF SAID CRY
ON IIIEDAY OF 1996. REFERENCE IS MADE TO THE
ASSE55AIEN1 ROLL RECORDED IN 1HE OFFICE OF THE SUPERINTENDENT
OF STREETS FOR 1HE EXACT AMOUNT OF EACH ASSESSMENT LENE0
AGAINST EACH PARCEL Of LAND SNOW ON THIS ASSESSMENT DIAGRAM.
CITY CLERK
CITY Cr NARCNAL CITY
STATE DF CALIFORNIA
FILED 1111S SAY Or 1995 AT THE HOUR
OF O'CLOCK., _..M. IN BOCK. OF MAPS OF
ASSESSMENT AND COUMMUNITY FACILITIES DISTRICTS IN THE
OFFICE OF THE COUNTY RECORDER or THE COUNTY Of SAN
DIF.00, CALIFORNIA.
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 DIEt O
STATE OF CAUFORNIA
660-210-01
125'
O
560-210-04
165'
Yt
a
50'
560-210-40
211'
NATIONAL
BOULEVARD
SHEET 1 OF 3 SHEETS
0
560-261-08
270'
'1
1
1
i
560-271-15
1001
;o.,o
'�"
a
50'
'
56D-2O71-14
•95'
a
75'
291'
550-202-03
O
190'
560-204-04
O
140'
580-204-02
O
140'
560-393-03
42
480'
- 560-393-04
4t
REVISED 8-1-96
REVISED 8-11-97
REVISED 6-19-02
REVISED 6-09-03
REVISED 5-26-04
200
EXTERIOR BOUNDARY
OF DISTRICT
400
I1
L
NOTE
RDNTAOF EACH PARCEL IN IS BASED UPON
CUR F
CURRENT COUNTY NEAREST
FOOT.
MAPS AND SHOWN
PARCEL TO S F R PROP FOOT. REFER TO T ASSESSOR'S
PARCEL MAPS FOR PROPERTY DIAIEHSIONS NOT SHOWTI,
NASLAND ENGINEERING
Y CIVIL, 6B'4N5T911NO • 6011Y8Y1110 . LAND r6U1I1=
4T01 620912 342e1. 3.0 01,2. 2210m112. 99111 • U9-l02-T720
NOTE ORIGIN A' " -Er
SIZE
NE, JC 148,
AMENDED ASSESSMENT DIAGRAM OF
LANDSCAPE MAINTENANCE DISTRICT NO..1 (MILE OF -CARS)
CITY OF NATIONAL CITY
COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
0
560-330-03
591'
NATIONAL CITY BOULEVARD
291'
552-340-49
O
300
562-340-50
O
}
3NQ
tV�
562-021-01
100'
562-021-07
160'
562-031-14
160'
562-031-I3
110'
260'
562-340-69
300'
562-340-T0
TRANSPONTATION
AVENUE
S62-000-06
270'
NATIONAL
SHEET 2 OF 3 SHEETE
562-100-14
135'
562-100-13
135'
CITY BOULEVARD
164'
562-340-42
O
436'
562-340-4B
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
160 6 160 209 300 400
h4
n
IRE FRONTACE OF EACH PARCEL 15 BASED UPON
CURRENT COUNTY ASSESSOR'S MAPS ANO SHOWN
HEREON TO THE NEAREST FOOT. REFER TO ASSESSOR'S
PARCEL MAPS FOR PROPERTY OIMENSIONS NOT SHOWN.
NASLAND ENGINEERING
CIVIL ENGINEERING • 50NWEYINO • LAND 1'L4100W0
1740 Mllow Stool, Tan 061e, 0*IDeln14, 12111 •411-212-T't7D
NOTE: ORIGINAL SHEET
SIZE 18' x 26'
N.E. JOB No.105-146
4-
562-160-07
300'
300'
562-340-OR
209'
562-150-13
TRANSPORTATION AVENUE
AMENDED ASSESSMENT DIAGRAM OF
LANDSCAPE MAINTENANCE DISTRICT NO. 1(MILE . OF CARS)
CITY OF NATIONAL CITY
COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
562-251-37
202'
562-251-36
167'
NATIONAL CITY BOULEVAFD
562-252-15
330'
562-321-07
230
562-220-13
155'
562-220-31
314'
562-220-32
-.------ERTERIOR BOUNDARY
OF DISTRICT
162
249'
562-330-35
28
562-321-D5
140'
SIE FROYTACE OF 6ACH PARCEL 15 BASED UPON
CURRENT COUNTY HEREON TO THE NEAREST FOOT. REFER ANDSHOWN
ASSESSOR'S
PARCEL MAPS FOR PROPERTY DIMENSIONS NOT SHORN.
100 100 200 AO 400
2
SHEET 3 OF 3 SHEETS
40'
562-330-43
REVISED 8-1-96
REVISED 6-11-97
REVISED 6-19-02
REVISED 6-09-03
REVISED 5-26-04
NOTE ORIGINAL SHEET
SIZE 1"-""
NAS.LAND ENGINEERING
CIVIL EN(i1HCFRINV . SVRV5YRI6 . LAND PlARIZHC
4740 Reser WW1. Sal IAg., CHINA , R2111 •61R_202_7775
N.E. JOE. No 448
City of National City
COUNCIL AGENDA STATEMENT
MEETING DATE: August 1, 2006 AGENDA ITEM NO. 20
/ ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING AND APPROVING THE
DIAGRAM AND ASSESSMENT ENGINEER'S REPORT AND PROVIDING FOR THE LEVY OF THE ANNUAL AS-
SESSMENT IN THE DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT
PREPARED BY: Chris Zapata, Executive Director DEPARTMENT: Com nity Development Commission
EXPLANATION:
G+�
The Engineer's Report, required try Section 22622 of the Landscape Maintenance and Lighting Act of 1972, is the cen-
tral document relative to the Levy of Assessments within The Downtown National City Property Business Improvement
District (District) and is contained in the Downtown National City Property Business Improvement District Management
District Plan.
All proceedings for the establishment of a levy of assessment for the District will comply with the provisions of Proposi-
tion 218, approved by the voters on November 5, 1996.
Environmental Review:
Financial Statement:
Not Applicable
X N/A
r
STAFF RECOMMENDATION:
Approve above -subject resolution
BOARD/COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS (Listed Below)
1. ENGINEER'S REPORT AND ASSESSMENT
2. DIAGRAM
3. ASSESSMENT
4. RESOLUTION
Resolution No.
RESOLUTION NO. 2006 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
CONFIRMING AND APPROVING THE DIAGRAM AND
THE ASSESSMENT ENGINEER'S REPORT, AND
PROVIDING FOR THE LEVY OF THE ANNUAL
ASSESSMENT IN THE DOWNTOWN NATIONAL CITY
PROPERTY BUSINESS IMPROVEMENT DISTRICT
WHEREAS, the Property and Business Improvement District Law of 1994, Part 7
of Division 18 of the California Streets and Highways Code, commencing with Section 36600,
(the "Law") authorizes cities and counties to establish, for up to five years initially, property and
business improvement districts ("PBID") to promote the economic revitalization and physical
maintenance of business districts; and
WHEREAS, the Law authorizes cities to levy and collect assessments on real
property within such districts for the purpose of providing improvements and promoting activities
that specially benefit real property within such districts; and
WHEREAS, Articles XIII C and XIII D of the California Constitution and Section
53753 of the California Government Code impose certain procedural and substantive
requirements relating to the levy of new or increased assessments; and
WHEREAS, in March, 2004, a written petition was submitted by property owners
within Downtown National City requesting the Community Development Commission of the City
of National City to initiate proceedings pursuant to the Law to establish the Downtown National
City Management District for a five (5) year period; and
WHEREAS, such petition was signed by property owners in the proposed district
who will pay more than fifty percent (50%) of the assessments proposed to be levied; and
WHEREAS, a Management District Plan entitled the "Downtown National City
Management District Plan" (the "Management District Plan") and at District Assessment
Engineer's Report was prepared and submitted to the City Clerk, containing all of the
information required by Section 36622 of the Law, including a description of the boundaries of
the district, the improvements and activities proposed for the district, and the cost of such
improvements and activities; and
WHEREAS, the Board of the Community Development Commission of the City of
National City did establish for five years, "The Downtown National City Management District"
(the "District") and levied and collected assessments against lots and parcels of real property
within the District, commencing with fiscal year 20004-05; and
WHEREAS, the Board did approved the Management District Plan, which is on
file in the office of the City Clerk and available for public review during normal business hours;
and
WHEREAS, the boundaries of the proposed District are included in the
Management District Plan; and
Resolution No. 2006 —
August 1, 2006
Page 2
WHEREAS, the proposed activities for the District include streetscape, sidewalk,
parkway and street furniture maintenance, repair and replacement including but not limited to
trees, sidewalk pavement, sidewalk bollards, street furniture, trash receptacles and street lights
as well as periodic landscape maintenance and steam cleaning services which benefit
businesses and real property located in the District; and
WHEREAS, the assessment proposed to be levied and collected for fiscal year
2006-07 is $240,688.64, which was the same assessment amount levied for fiscal year 2005-
2006.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City declares as follows:
Section 1.
RECITALS
The above recitals are all true and correct
PROCEDURES
Section 2. The City Council hereby finds and determines that the procedures for the
consideration of the levy of the annual assessment have been undertaken in accordance with
both the Act and Article XIII D inasmuch as the proposed assessments for the Fiscal Year 2006-
07 are not proposed to be increased over the assessment previously authorized to be levied.
DETERMINATION AND CONFIRMATION
Section 3. The final assessment for the proceedings, as contained in the
Assessment Engineer's Report and the diagram are herby approved and confirmed.
Based upon the Assessment Engineer's Report and the diagram, attached
hereto as Exhibits "A" and "B", respectively, and upon the testimony and other evidence
presented at the public hearing, the City Council hereby makes the following determinations
regarding the assessments proposed to be imposed:
A. The proportionate special benefit derived by each individual parcel assessed has
been determined in relationship to the entirety of the cost of the operations and
maintenance expenses.
B. The assessments do not exceed the reasonable cost of the proportional special
benefit conferred on each parcel.
C. Only the special benefits have been assessed.
The assessments for the District contained in the assessment attached hereto as
Exhibit "C" for the next fiscal year are hereby confirmed and levied upon the respective lots or
parcels in the District in the amounts as set forth in the assessment attached hereto as Exhibit
Resolution No. 2006 —
August 1, 2006
Page 3
ORDERING OF MAINTENANCE
Section 4. The public interest and convenience requires, and this legislative body
does hereby order the maintenance work to be made and performed as said maintenance work
is set forth in the Assessment Engineer's Report and as previously declared and set forth in the
Resolution of Intention.
FILING WITH CITY CLERK AND CITY ENGINEER
Section 5. The above -referenced diagram and assessment shall be filed in the
Office of the City Clerk, with certified copyto be filed in the Office of the City Engineer. Said
diagram and assessment and the certified copy thereof, shall be open for public inspection.
FILING WITH THE COUNTY AUDITOR
Section 6. The City Clerk is hereby ordered and directed to immediately file a
certified copy of the diagram and assessment with the County Auditor. Said filing to be made
no later than the 3rd Monday in August.
ENTRY UPON THE ASSESSMENT ROLL
Section 7. After the filing of the diagram and assessment the County Auditor shall
enter on the County assessment roll opposite each lot or parcel of the land the amount
assessed thereupon, as shown in the assessment.
COLLECTION AND PAYMENT
Section 8. The assessments shall be collected at the same time and in the same
manner as the County taxes are collected, and all laws providing for the collection and
enforcement of the County taxes shall apply to the collection and enforcement of the
assessments.
FISCAL YEAR
Section 9. The assessments as above authorized and levied for these proceedings
will provide revenue and related to the fiscal year commencing July 1, 2006 and ending June
30, 2007.
PASSED AND ADOPTED this 1st day of August, 2006.
ATTEST:
Michael Della, City Clerk
Nick Inzunza, Mayor
APPROVED AS TO FORM:
George H. Eiser, III, City Attorney
0
MORGAN SQUARE DISTRICT
1,000
tZone2'
DOWNTOWN SP
2,000
3,000
Feet
4,000
DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT
PARCELS TO BE ASSESSED
Prepared by: X. Velasco
Date: 7/18/06
APN
ANNUAL
ASSESSMENT
APN
ANNUAL
ASSESSME
ANNUAL
ANNUAL
ANNUAL
ACCPCCMENT
555-030-01-00
555-030-02-00
555-030-03-00
555-030-04-00
555-030-05-00
555-030-06-00
555-030-07-00
555-030-08-00
555-030-09-00
555-030-10-00
$240.00
$427.32
$0.00
$0.00
$240.00
$0.00
$240.00
$1,358.46
$278.41
$339.52
555-042-18-00
555-052-04-00
555-052-05-00
555-052-06-00
555-052-14-00
555-052-15-00
555-053-17-00
555-054-12-00
555-081-09-00
555-081-10-00
$7,001.77
$694.46
$649.75
$471.60
$2,453.40
$2,361.54
$22,785.90
$6,377.83
$510.24
$267.23
555-085-06-00
555-085-07-00
555-113-04-00
555-113-05-00
555-113-08-00
555-113-11-00
555-113-12-00
555-113-13-00
555-114-01-00
555-114-02-00
$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
556-212-04-00
556-212-05-00
556-212-06-00
556-212-07-00
556-331-03-00
556-331-04-00
556-331-05-00
556-331-14-00
556-331-15-00
556-331-20-00
$276.94
$419.14
$563.61
$754.77
$249.09
$505.91
$1,181.45
$2,439.68
$926.31
$748.13
556-471-23-00
556-471-24-00
556-472-23-00
556-472-24-00
556-472-26-00
556-472-27-00
556-473-16-00
556-473-16-00
556-473-17-00
556-474-01-00
$4,830.57
$3,673.51
$2,019.79
$527.74
$3,056.70
$265.95
$1,526.52
$792.75
$962.08
$1,610.56
555-030-11-00
$270.50
555-081-14-00
$396.50
555-114-03-00
$215.59
556-331-21-00
$2,720.06
556-474-02-00
$739.54
555-030-12-00
$344.51
555-081-15-00
$216.88
555-114-04-00
$220.14
556-331-22-00
$1,255.39
556-474-21-00
$2,527.99
555-030-13-00
$282.92
555-081-16-00
$695.37
555-114-05-00
$452.48
556-331-23-00
$566.21
556-493-01-00
$1,290.96
555-030-14-00
S500.53
555-081-17-00
$1,992.94
555-114-06-00
$652.46
556-331-24-00
$715.80
556-493-04-00
$934.44
555-030-17-00
$1,089.50
555-082-01-00
$1,855.29
555-114-07-00
$1,151.14
556-331-25-00
$3,133.35
556-493-05-00
$240.00
555-030-20-00
$4,997.45
555-082-02-00
$244.19
555-114-11-00
$330.42
556-332-20-00
$1,764.62
556-553-01-00
$694.46
555-030-21-00
$3,644.29
555-082-13-00
$527.88
555-114-12-00
$1,594.28
556-332-21-00
$535.59
556-553-02-00
$357.75
555-030-22-00
$6,609.58
555-082-04-00
$399.68
555-114-13-00
$1,569.62
556-332-22-00
$375.86
556-553-03-00
$409.23
555-041-01-00
$878.28
555-082-05-00
$1,137.98
556-101-01-00
$1,614.58
556-332-23-00
$253.70
556-553-04-00
$616.95
555-041-02-00
$472.48
555-082-06-00
$960.23
556-101-02-00
$1,815.33
556-332-24-00,
$1,409.83
556-553-05-00
$1,592.79
555-041-03-00
$3,616.36
555-082-10-00
$1,533.33
556-101-15-00
$5,492.84
556-333-15-00
$2,626.38
556-553-09-00
$515.54
555-041-04-00
$1,063.44
555-082-11-00
$4,097.40
556-101-16-00
$2,276.33
556-333-17-00
$4,907.21
556-553-12-00
$567.57
555-041-05-00
$570.74
555-083-21-00
$1,846.85
556-104-01-00
$2,485.63
556-333-18-00
$522.19
556-553-13-00
$526.29
555-041-06-00
$571.49
555-083-22-00
$5,094.43
556-104-02-00
$240.00
556-334-19-00
$2,101.81
556-554-16-00
$4,415.42
555-041-07-00
$694.46
555-083-23-00
$2,989.50
556-104-18-00
$1,820.45
556-334-20-00
$282.35
556-554-17-00
$6,245.33
555-041-08-00
$511.82
555-083-24-00
$5,751.78
556-210-25-00
$1,662.72
556-334-21-00
$410.30
556-554-18-00
$1,195.18
555-041-09-00
$511.82
555-085-01-00
$622.48
556-210-26-00
$1,510.43
556-334-22-00
$452.14
556-554-19-00
$569.85
555-041-10-00
$1,206.28
555-085-02-00
$240.00
556-210-27-00
$1,077,40
556-471-03-00
$2,233.31
556-554-20-00
$1,205.03
555-042-10-00
$1,080.70
555-085-03-00
$240.00
556-212-01-00
$240.00
556-471-04-00
$575.76
556-554-21-00
$1,568.79
555-042-15-00
$3,104.82
555-085-04-00
$464.11
556-212-02-00
$240.00
556-471-16-00
$1,585.34
555-042-17-00
$3,458.95
555-085-05-00
$2,797.35
556-212-03-00
$496.74
556-471-17-00
$2,691.26
$38,604.63
$77,677.89
$39,743.35
$39,183.49
$45,479.28 $240.688.64
RECEIVED
20:11
Community
Development Co mmissl i•
DOWNTOWN NATIONAL CITY
PROPERTY BUSINESS IMPROVEMENT DISTRICT
MANAGEMENT DISTRICT PLAN
Formed Under California Streets and Highway Code Section 36600
Property Business Improvement District Act of 1994
FINAL PLAN
SUBMITTED TO:
THE DOWNTOWN NATIONAL CITY
P.B.I.D. STEERING COMMITTEE
THE CITY OF NATIONAL CITY
COMMUNITY DEVELOPMENT COMMISSION
EXECUTIVE DIRECTOR BEN MARTINEZ
MAYOR NICK INZUNZA
AND CITY COUNCIL MEMBERS LUIS NATIVIDAD, RON
MORRISON, FRANCISCO PARRA AND FIDELAS UNGAB
PRESENTED BY:
MARCO LI MANDRI, NEW CITY AMERICA INC.
APPROVED APRIL 30, 2004
UPDATED MAY 24, 2004
l
Attachment 2
DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT
MANAGEMENT DISTRICT PLAN
FINAL PLAN - MAY 24, 2004
TABLE OF CONTENTS
I. INTRODUCTION, EXECUTIVE SUMMARY
II. ADDRESS SERIES, GENERAL STREET BOUNDARIES
III. WORK PLAN AND BUDGET
IV. ASSESSMENT METHODOLOGY TO FUND THE SPECIAL BENEFITS
V. RELEVANT ENABLING LEGISLATION, AB 1021
VI. ENGINEER'S REPORT AND RELATIONSHIP BETWEEN ASSESSMENTS PAID
AND SPECIAL SERVICES RECEIVED
VII.. DISTRICT GOVERNANCE
APPENDIX
A. MAP OF THE DISTRICT
B. FIVE YEAR PROJECTION OF ASSESSMENTS
C. LIST OF PARCELS INCLUDED IN DISTRICT
D. CERTIFIED ENGINEER'S REPORT
2
PARTI
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 21s` Century.
Led by a group of significant, small and long-time business and property owners, this effort
to establish a Property Business Improvement District was initiated in March 2004. With
great speed and tremendous commitment, it is the intent of this district to be established
and generate its first revenues by the conclusion of calendar year 2004. Such an
undertaking is unprecedented but reflects the seriousness of the effort of the Downtown
stakeholders to redefine themselves to the surrounding region.
With the growing state budget crisis in California and its resulting impact on the cities, it is
safe to assume that current National City general benefit services delivered in the
Downtown business district will not increase in the future. To make the Downtown district
and community better, commercial and institutional property owners must look at new
ways of funding special benefit services to clean up the district as well as promote the area.
Such special benefit services could include bringing a new identity to the Downtown
business district, funding new gateway signs to the district, regular sidewalk sweeping,
sidewalk steam cleaning, removal of bulky items, trash receptacle emptying, providing
private security services above and beyond that of the National City Police Department,
aiding in the coordination of homeless intervention services, proposing solutions to parking
problems, initiating beautification programs, tree planting and maintenance, coming up
with new marketing and promotions programs, defining greater visual linkages to the 8th
Street Trolley stop as well as serving as an advocacy group of business and property
owners.
This proposed Downtown National City PBID or special benefits district would be funded
through an assessment levied on each and every parcel in the finalized and approved
boundaries in Downtown. Affected property owners have determined the exact costs of
funding these special benefit services. All properties, public and private, would be included
in this new assessment district.
3
In early April, a survey was mailed to every property owner within the initial study area.
The area included all parcels on National City Blvd. between 2nd Street on the north, 12'
Street on the south, and along 8" Street from the Trolley Stop on the west to E Avenue on
the east.
There are 153 parcels in the proposed district, represented by 96 property owners. The
district is approximately 34 square blocks. The database compiled by New City America,
Inc. reveals the following data that would create the material basis for the apportionment
of assessments throughout the district:
• 1,465,301 square feet in total lot size;
■ 448,344 square feet in total building size;
• 21,744 linear feet in total frontage
The survey results were quite stunning. The results of the survey were as follows:
NUMBER OF RESPONSES:
Respondentsrepresented the following property variables:
Lot size:
Building size
Linear Frontage
522,523 square feet or 35% of the total
240,713 square feet or 54% of the total
8,248 linear feet or 37% of the total
Of those who responded to the survey, the following respondents, (by weight) demonstrated
their support for creation of the PBID:
Responses from Property Owners Who Returned PBID Survey
Response
Lot Size
Building Size
Linear Frontage
Support Formation
76%
88%
77°A)
Oppose Formation
24%
12%
23%
Of those who responded, the following represent support of specific special benefits funded
by the PBID:
➢ 61% had owned their property for 9 years or less;
➢ 73% were sole proprietorship or family owned properties.
➢ 52% believed that National City had been portrayed negatively by the major media
in the last few years;
> 84% believed that Downtown was unsafe or "safe, however suffers an image as an
unsafe district;"
> 54% would support property owners funded special benefit security services;
➢ 54% feel their customers would not feel safe walking from the corner of 8`h and
National City Blvd. and the Trolley Stop;
➢ 64% would support initiation of property owner funded regular sidewalk/gutter
sweeping and steam cleaning services;
4
➢ 70% support property owner funded special events to improve the identity of
Downtown;
Based upon this level of support, the Downtown National City PBID Steering Committee is
presenting the following to all Downtown Property Owners for their consideration:
PROPERTY VARIABLES TO BE ASSESSED:
Three property variables will be used to fund the special benefit services of the district.
Those variables will include: lot or parcel size, building square footage, and linear
frontage. Each of these variables can be verified by County records. By law, the district
can only fund special benefits, not general benefit services. Building square footage will be
further categorized by "use", (retail, hotel, church, public building, office, etc). Use
determines needs and therefore special benefit to be received.
SERVICES TO BE FUNDED:
The primary special benefits to be funded by the creation of the district will be related to
maintaining order and cleanliness in the public rights of way. In addition, beautification of
the Downtown will be paramount as well as creating concrete visual linkages between the
Trolley stop west of the freeway and the heart of the business district at 8`h and National
City Boulevard. After order and beautification, district identity and promotional
programs will be funded. Finally, a component for administration/corporate affairs and
contingency/reserve will be included in the budget. Consistent with state legislation, the
district shall remain in place for five years with provisions for annual CPI adjustments as
well as annual disestablishments procedures.
BENEFIT ZONES:
There will be two benefit zones in the proposed district. Benefit Zones are determined by
the level and frequency of services to one sector of the district, vs. another. For example,
the core area parcels along National City Boulevard between 2"d and 12th, as well as 8`1'
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 servicesand increased benefits anticipated to be derived
from the formation of the district. Building use will determine the annual building square
footage costs, by Benefit Zone. The proposed building uses have been categorized as
follows. Each parcel has been analyzed to determine proper category of use and therefore
benefit: (Internal parking built into structure will be credited to overall building size).
5
APPORTIONMENT OF BUILDING USES:
Building Use Code
Description of Use
A
Retail space, hotels, motels, visitor related
B
Office and Commercial uses, Independent, free standing parking structures
C
Industrial/Manufacturing/Distribution
D
Institutional (School, public, park Church, Tax-exempt properties
E
Multi -unit housing, apartments (20 units or more)
F
Multi -unit housing, apartments (9 —19 units)
G
Multi -unit housing, apartments (2 — 8 units)
H
Single Family housing units (not to exceed $240 per year)
I
Condo units - $ 240.00 flat fee per year
Approximately $146,095.30 (61%) of the assessments will be generated from parcels within
Benefit Zone 1. The balance, $94,626.71 (39%) will be generated from Benefit Zone 2
parcels.
COST:
Downtown National City PBID First Year Costs by Property Variable
PROPERTY VARIABLE
ANNUAL COST
BENEFIT ZONE 1
ANNUAL COST
BENEFIT ZONE 2
TOTAL GENERATED
BY VARIABLE
Lot Square Footage
$ 0.0841 per
square foot per
year
$0.0757 per square
foot per year
$118,053.09 (49%)
Building Square
Footage (range)
$ 0.1485-$0.1886
per square foot
per year
$0.1485-$0.1697 per
square foot per year
$80,075.68 (33%)
Linear Frontage
$1.8264 per linear
foot per year
$1.8264 per linear
foot per year
$39,713.24 (17%)
Single Family Home
and Condo Annual
Fee
$ 240.00
$240.00
$2,880.00 (1 %)
Total Annual Budget
$240,722.01
ANNUAL ADJUSTMENTS:
The Board of Directors of the Management Corporation will be given the option to increase
the assessments annually based upon the San Diego County regional CPI indicator or by an
amount not to exceed 5% from the previous year's assessments.
The Management Corporation shall have the right to shift allocations within the four
categories as they feel appropriate and as long as it remains consistent with the intent of the
plan. The Board shall also have the right to shift up to 10% per year from category to
category, each year, as needs change with the priorities of special benefits.
6
PART II
ADDRESS SERIES, GENERAL STREET BOUNDARIES
LOCATION: In general, the Downtown National City PBID includes all private and public
parcels within the following boundaries:
Street Address Series
Street Name
704-724
A Avenue
827
B Avenue
811— 817
C Avenue
831 — 835
D Avenue
41— 43
E. 12`h St.
14 — 35
E. 3" St.
10
E. 5th St.
22-404
E 8`h st.
419
E. 9`h St.
810 — 925
Hoover Avenue
205 —1146
National City Blvd.
225 —1133
Roosevelt Avenue
25-38
W.11`hSt.
21
W. 12`h St.
30
W. 2nd Avenue
21 — 27
W 3rd Avenue
21
W 7th st.
110 — 200
W. 8`h St.
111- 225
W. 9`h St.
32 —121
W. Plaza Blvd.
7
PART III
WORK PLAN AND BUDGET
SERVICES:
Special benefit services to be financed by the Downtown National City Boulevard Property
Business Improvement District will primarily include funding the following types of
services. Based upon the survey results of the property owners, and estimated costs and
services, the preliminary special benefits funded by the Downtown National City Property
Business Improvement District are as follows:
Proposed Downtown National City PBID:
1. Public Rights of Way and Sidewalk Operations (PROWSO)
■ Sidewalk sweeping;
■ Beautification;
• Decorations and banners;
• Enhanced trash receptacle placement and regular emptying;
• Removal of bulky items;
• Tree and shrub planting and maintenance
• Work with City on hazardous issues;
• Maintenance of public order in the sidewalks;
• Homeless intervention;
• Equipment, supplies, tools;
■ Misc.
2. District Identity and Streetscape Improvement (DISI)
(Predominantly in Benefit Zone 1)
• Special events (1 per year);
• Web site;
• Pedestrian kiosks/signage
• Underwriting advertising coop for hotel and retail
3. Administration. and Corporate Operations:
• Staffing;
• Insurance;
• Office related expenses;
■ Misc.
4. Contingency/Reserve:
• Delinquencies;
• City costs;
■ County costs;
• Hardship;
• Reserves;
8
Consistent with state law, any property assessment district must confer a special benefit to
real property owners paying into the assessment district. At times, specific parcels will
derive greater benefit, due to their proximity to a "core" area. These core and peripheral
parcels, will from time to time, be designated through "benefit zones." The Downtown
National City PBID anticipates two benefit zones, each receiving varying degrees of special
benefits funded from the assessment district. The two benefit zones are proposed as
follows:
Benefit Zones:
The Downtown National City PBID Benefit Zones are created based upon the frequency
and type of special benefit services that might be desired. For example, the core area near
National City Boulevard and 8ch 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 12th Street
8th Street from the freeway bridge to A Avenue
All other streets in the district not included in Benefit Zone 1
TABLE 1 —FREQUENCY OF SPECIAL BENEFIT SERVICES BY BENEFIT ZONES
Special Benefit Service
Public rights of way and
sidewalk operations
(PROWSO)
District Identity and
Streetscape Improvements
(DISI)
• Special Events
• Holiday Decorations
Administration/Corporate
Operations
Benefit Zone I
Frequency
6 days per week
Through
programs
Once per year
Seasonally
Benefit Zone 2
Frequency
4 days per week
Through programs
None
None
Monday — Friday
9
Monday — Friday
• s-.•
PART IV
ASSESSMENT METHODOLOGY TO FUND SPECIAL BENEFITS
BUDGET: The first year annual budget is projected to be $240,722.01. Annual
adjustments of up to a maximum of 5% over the previous year's gross assessment amount
are allowable, subject to the approval of the Downtown National City Property Business
Improvement District Management Corporation.
TABLE 2 — SPECIAL BENEFIT SERVICES BROKEN DOWN BY ESTIMATED COSTS
PER BENEFIT ZONE
PROWSO Personnel Estimated Costs
Service
Benefit Zone 1
Benefit Zone 2
PROWSO:
• Sidewalk Sweeping;
• Beautification
• Decorations and banners
• Enhanced trash receptacle
emptying
• Removal of bulky items
• Reporting hazards to City;
• Removal of bulky items;
• Tree and shrub planting and
maintenance
• Maintenance of public order
• Homeless intervention
6 days per week
As needed
As needed
As needed
As needed
Daily
As needed
Weekly
As needed
As needed
4 days per week
As needed
As needed
As needed
As needed
Daily
As needed
Weekly
As needed
As needed
ESTIMATED PERSONNEL NEEDS*
%z cost of Supervisor;
($ 23,040)
1 maintenance worker,
full time, 40 hours per
week ($27,850)
1 maintenance worker,
six days per week, 48
hours ($30,720)
%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
10
*THE PURPOSE OF THIS CALCULATION IS TO PROVIDE A MATERIAL BASIS
FOR THE P.R.O.W.S.O. PERSONNEL COSTS. THE ADMINISTERING
CORPORATION CAN CONTRACT OUT THESE SERVICES TO A FOR -PROFIT OR
NON-PROFIT CORPORATION, OR PROVIDE THE SERVICES IN HOUSE. THESE
COSTS ARE ONLY USED AS A REFERENCE, THE LINE ITEM IN THE BUDGET
FOR THE P.R.O.W.S.O. PERSONNEL IS ESTIMATED TO BE $132,500.00
ANNUALLY.
The basis of determining personnel costs is derived from One Source, a nationwide
company that provides employees for many building management companies, as well as
BIDs. One Source's rates on labor include workers comp, payroll taxes, check
disbursement, health benefits, vacation and sick time. Most importantly, these are
contracted employees and therefore release the management corporation of payroll and
personnel related liabilities. Total overhead factor of employees, fully loaded, is about 1.6
in an overhead factor from the base wage rate. Supervisor rate was calculated at $ 12.00
per hour, and maintenance workers at $8.00 - 9.00 per hour, starting pay.
We reiterate that this is simply a tool for calculating costs of maintenance personnel. The
free market, and competitive bidding may produce higher and better results. It is the job
of the management corporation to maximize the delivery of special benefit services to the
property owners based upon various category and line items of services. The function of
this crew is to deal with all services in the public rights of way, including but not limited to:
sweeping, beautification, decorations, security, etc.
TABLE 3 — SPECIAL BENEFIT SERVICES/P.R.O.W.S.O. NON -PERSONNEL ANNUAL COSTS
INCLUDING EQUIPMENT AND MATERIALS
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.
11
TABLE 4 — DISTRICT IDENTITY AND STREETSCAPE IMPROVEMENTS
SUGGESTED BUDGET ITEMS
Program to be funded/Both Benefit Zones
Estimated First Year Annual Cost
Special events (1 per year);
$ 5,000
Logo Creation (First Year only)
$ 1,000
Web site creation and maintenance
$ 4,000
Pedestrian kiosks/sign age annually
$ 4,000
Total Estimated First Year Annual Costs
$ 14,000
TABLE 5 — ADMINISTRATION AND CORPORATE OPERATIONS
SUGGESTED ALLOCATIONS
Program to be Funded
Estimated First Year Annual Cost
Staff (Community Advocacy, retail attraction,
Corporate minutes, administration to Board)
$ 26,000
Insurance
$ 3,000
Office rent
$ 6,000
Phone/Fax
$ 1,000
E-mail Service
$ 800
Office supplies
$1,000
Office Equipment
$ 2,000
Utilities
$ 1,200
Total Estimated Annual Costs
$ 41,000
TABLE 6 — SPECIAL BENEFIT SERVICES/CONTINGENCY —
RESERVE ANTICIPATED NEED
Program to be Funded
Estimated First Year Cost
County Costs (1.7% of total assessments)
City costs ($500.00 per year)
No -pays, (uncollected assessments) (?)
Misc/Reserve (Balance of expenses)
Total Estimated Annual Costs
$ 12,772.01
12
TABLE 7 — TOTAL FIRST YEAR DOWNTOWN NATIONAL CITY SPECIAL BENEFIT SERVICES
BUDGET LINE ITEMS BASED UPON SUGGESTED PROGRAMS AND ALLOCATIONS
Pro ram First Year Allocation
Public Rights of Way and o Total Bud et
$ 173,000.00 72%
Sidewalk Operations —
Personnel and Equipment for
All Benefit Zones
District Identity and $ 14,000.00 6%
Streetsca a Im rovements
Administrative/Corporate $ 41,000.00 0
0 erations 17 /o
Contin enc /Reserve $ 12,722.01 5%
Total Estimated First Year $ 240,722.01 Costs of Programs X DO /
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.
13
Apportionment of Costs to Property Variables used in the Assessment Methodology
As is common practice, various property variables fund different special benefit services in
the district. We have employed an assessment methodology that we believes supports the
relationship between assessments paid and benefits received. The following programs and
services must confer a special benefit to real property owners to be consistent with Article
XIII (d) of the state constitution.
ANNUAL BUDGET:
The annual first year budget is anticipated to be $240,722.01. Benefit Zone 1 parcels will
pay a premium due to increased services and increased benefits anticipated to be derived
from the formation of the district. Building use will determine the annual building square
footage costs, by Benefit Zone. The proposed building uses have been categorized as
follows. Each parcel has been analyzed to determine proper category of use and therefore
benefit: (Internal parking built into structure will be credited to overall building size).
TABLE 9 - DEFINITION OF BUILDING/LAND USES:
Building Use Code
Description of Use
A
Retail space, hotels,motels, visitor related
B
Office and Commercial usesIndependent, free standing parking structures
C
Industrial/Manufacturing/Distribution
Institutional (School, public, park Church, Tax-exempt properties
D
E
Multi -unit housing, apartments (20 units or more)
F
Multi -unit housing, apartments (9 —19 units)
G
Multi -unit housing, apartments (2 — 8 units)
H
Single Family housing units (not to exceed $240 per year)
I
Condo units, $ 240.00 flat fee per year
The proposed apportionment of special benefits to the various property variables are as
follows:
14
TABLE 10 — APPORTIONMENT OF SERVICES TO PROPERTY VARIABLES
Program to be Funded
Benefit Zone
Apportioned to Variable
PROWSO:
• Maintenance Personnel
1
%: to all building square footage,
($ 81,610)
%2 to all lot size in Benefit Zone 1
■ Maintenance Personnel
2
'/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
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
$146,095.30
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
Benefit
Zone
Lot Square foot
annual costs
Building square foot
annual costs
Linear frontage
annual costs
Contribution
to total budget
2
$0.0757
a. $0.1697
b. $0.1697
c. $0.1697
d. $0.1578
e $0.1485
f. $0.1485
g. $0.1485
$1.8264
$94,626.71
Both
Condos and Single
family homes
$ 240.00 per
year per unit
Approximately $146,095.30 (61 %) of the assessments will be generated from parcels within
Benefit Zone 1. The balance, $94,626.71 (39%) will be generated from Benefit Zone 2
parcels.
CONDO FACTOR:
It is unknown at this point how much future condos will contribute to the district. Since
the condos are being built in mixed use or commercially zoned areas, they are not exempt
from payment into the assessment district. The condo owners will derive and appreciate
the special benefit services they will receive from the cleaning and beautification services in
the district. Provisions will be made to avoid a property variable and unit assessment for
condos. Once a parcel or parcel(s) have been converted to condos, the per unit fee will kick
in, however that parcel will have its linear frontage, building square footage and lot size
deleted as a variable to be assessed. For example, if a 5,000 square foot lot is converted
from a parking lot to a 10 unit condo development, that parcel will be reassessed to capture
the $2,400 condo assessments annually now generated from that parcel (10 x $240.00 per
year). Simultaneously, the property variables of that parcel, will be eliminated from the
overall PBID database so the new condo owners are not doubly assessed for their property
variables and condo units. Condos and residentially utilized single family residences will
pay the same flat fee per year into the district. Condos will be fully assessed once they have
been constructed and parcelized. Condos under construction shall pay $240, less a 50%
reduction until completed and parcelized.
16
TABLE 12 - DOWNTOWN NATIONAL CITY PBID FIRST YEAR COSTS BY PROPERTY VARIABLE
PROPERTY
VARIABLE
ANNUAL COST
BENEFIT ZONE 1
ANNUAL COST
BENEFIT ZONE 2
TOTAL GENERATED
BY VARIABLE
Lot Square Footage
$ 0.0841 per square
foot per year
$0.0757 per square
foot per year
$118,053.09 (49%)
Building Square
Footage (range)
$ 0.1485-$0.1886 per
square foot per year
$0.1485-$0.1697 per
square foot per year
$80,075.68 (33%)
Linear Frontage
$1.8264 per linear
foot per year
$1.8264 per linear
footper year
$39,713.24 (17%)
Single Family Home
and Condo Annual
Fee
$ 240.00
$240.00
$2,880.00 (1 %)
Total Annual
Budget
$240,722.01
TABLE 13 - AMOUNTS GENERATED BY DOWNTOWN NATIONAL CITY PBID
Property Variable
Total Gross Variable,
Amount Generated First
Year
Parcel or Lot Size
1,465,301
$118,053.09
$80,075.68
Building Square Feet
448,344
Linear Frontage
21,744
$39,713.24
Single Family Home
and Condo Annual Fee
12
$2,880.00
Total Assessments, First
Year — Both Zones
$240,722.01
17
PART V
RELEVANT ENABLING LEGISLATION, AB 1021
The relevant enabling PBID legislation, which allows the property owners of Downtown
National City to fund these special benefit services, is to be found in...
• Section 36600 of the California Streets and Highway Code known as the Property
Business Improvement District Law of 1994. (Amended in 2000, 2003)
On July 20, 2001, Governor Gray Davis signed AB 1021, approving changes to the
Property Business Improvement District Law of 1994, (Cal. Streets and Highway Code
Sections 36600 et. Seq.) which changes several procedures involving PBIDs. The law
became effective on January 1, 2002.
The major change within the law is the establishment of an "Owner's Association." This
Association will be a private, non-profit entity that will contract with the City to manage
the PBID. It will be subject to the Brown Act (Ca. Government Code Sections 54950 et
seq.) and the California Public Records Act (Cal Government Code Sections 6250 et seq.).
However, the Association will not be considered as a public entity for any other purpose.
Similarly, any board members or staff will not be considered public officials.
Under the amended law, all property owners who do not pay assessments will be subject to
penalties for delinquent payments. The amended statute also provides provisions for
renewal of the PBID. If the PBID is renewed after its first term (up to five years), the funds
from the prior district may be used in the renewed district only for the benefit of the
parcels within the boundaries of the prior district. If no parcels from the prior district are
within the renewed district, the funds must be returned to the property owners. Also, upon
renewal, a district may be renewed for up to ten years.
These changes clarify issues regarding PBID operations and formation and the status of the
non-profit organizations that manage PBIDs in the aftermath of the court ruling in Epstein
vs. the Hollywood Entertainment District. The Epstein decision classified non-profit
organizations that managed PBIDs as public entities for purposes of the Brown Act.
The issue has been raised that if the organizations were public entities for the Brown Act,
could they also be public entities for other acts, such as the Political Reform Act. The
changes in the new legislation ensure that these PBID and BID Management Corporations
are not considered public entities for any California law except the Ralph M. Brown Act
and the Public Records Act.
Proposition 218 (Article XIII D of the state constitution) states in Section 4 (a):
"A'o assessment shall be imposed on any parcel which exceeds the reasonable cost of the
proportional benefit conferred on that parcel. Only special benefits are assessable, and an
agency must separate the general benefits from the special benefits conferred on a parcel."
18
FORMATION:
• District formation requires submittal of petitions from property owners
representing at least 50% of the total assessment. The "Right to Vote on Taxes Act"
(Proposition 218) requires that more than 50% of the ballots received, weighted by
assessment, be in support of the District.
• This petition support ensures that the mail ballot procedure will be successful in the
formation of the district. Once the necessary threshold of petitions have been
collected, the management district plan will then be submitted to the City to begin
processing the public hearing. With the adoption of an ordinance of intention, the
City Council will authorize the City Clerk to send out the mail ballots to all affected
property owners to determine their support for the establishment of the district.
• When all is said and done, the first assessments should be collected with the annual
property tax bill in December 2004 with the Management Corporation receiving its
first installment payment in January 2005.
DURATION:
• Pursuant to State Law, the District will have a set term. The proposed district will
have a five-year life commencing January 1, 2005. After five years, the petition
process must be repeated for the District to be re-established.
19
TIME LINE AS SPECIFIED BY LAW:
The district must be established to take advantage of the County's tax assessment
notification schedule. Mindful of that, all property related assessment districts must be
established by the end of July in any calendar year, in order to have assessments levied on
parcels for the upcoming fiscal year. In our case, the district must be established through
an assessment ballot proceeding in late July 2004, in order to notify the County in time for
the 2004-05 fiscal tax year. The first assessments would then appear on the property tax
statements due in December 2004. In order to take advantage of this schedule, as well as to
generate revenues in early 2005, the following time line has been adopted to ensure timely
funding of special benefit programs:
To work effectively, we must look at the completion date and work backwards:
Date must be completed by
Task to be completed
July 20th, 2004
Public hearing/assessment balloting proceeding, ballots
June 8'h
Resolution of intent by City to establish the district
May e-June 7'h
Property owners representing 50% of the weight, based
upon assessments to be levied, must sign petition endorsing
the management district plan;
Assessment engineer certifies plan as compliant with
April 30th
Finalize management district plan including special benefit
services to be provided, duration of district, boundaries,
benefit zones, assessment methodology, administration, etc.
April 20, 2004
First rough draft Management District Plan submitted to
PBID Steering Committee
20
PART VI
ENGINEER'S REPORT, EXEMPTIONS, ANNUAL ASSESSMENT
INCREASES AND THE DURATION OF THE DISTRICT
A. Assessment Methodology
Property owners in Downtown National City have emphasized that an assessment formula
for a PBID be fair, balanced and commensurate with special benefits received.
NEW CITY AMERICA has contracted with Ed Henning and Associates to come up with a
plan that has been certified by a licensed engineer.
In preparing the engineer's report for the Downtown National City PBID, the engineer
concluded that the special benefit to each parcel was found to be proportional to the
property variable and their apportionment.
An Engineer's report for the PBID is provided in the Appendix.
B. Time and Manner for Collecting Assessments:
As provided by state law, the Downtown National City Property Business Improvement
District will appear as a separate line item on the annual property tax bills prepared by the
San Diego County Tax Assessor. Property tax bills are generally distributed 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
C. Publicly Owned Parcels and Government Assessments:
The Downtown National City PBID Steering Committee assumes that the City of National
City, The Community Development Commission, Southwestern College, the County, the
Unified School District, the State of California and any other publicly owned parcels will
pay assessments for the special benefits conferred upon government owned property within
the boundaries of the PBID.
Article XIII D of the California Constitution, (Proposition 218), explains the basis for
assessing publicly owned parcels:
"Parcels within a district that are owned or used by any agency, the State of California
or the United States shall not be exempt from Assessments unless the agency can
demonstrate by clear and convincing evidence that those publicly owned parcels in fact
receive no special benefit.
D. Annual Assessment Adjustment:
The PBID Management Corporation, will be granted the option of increasing the
assessments annually based upon the Consumer Price Index of San Diego County or by a
flat amount, not to exceed 5% per year.
E. District Duration:
Pursuant to State PBID Law, the Downtown National City PBID will have a duration of
five years, commencing on January 1, 2005 and extending .through December 31" 2009.
This is the maximum period allowable for a new PBID under state legislation. Any
continuation of the District after its five-year period will require compliance with all
regulations and statutes in place at the time relative to the establishment of the new PBID.
22
PART VII
DISTRICT GOVERNANCE AND THE
DOWNTOWN NATIONAL CITY P.B.I.D.
MANAGEMENT CORPORATION
A few rules and regulations should be considered by the Downtown National City MD
Management Corporation in the administration of the district.
Conflict of Interest:
Any stakeholder who serves on the administering corporation's Board of Directors
shall recuse himself or herself from any vote in which a potential conflict of interest
is apparent. Such potential conflicts include, but are not limited to, prioritizing
capital improvement projects which result in special benefit to specific property
owners, prioritization of services to benefit a particular owner or group of owners,
hiring or selecting the relatives of Board members, etc.
In addition, the Management Corporation shall aim to meet the following operational
objectives for the district...
• Create and manage programs that best respond to the top priorities of district property
owners;
•
Maximize coordination of the City government to avoid duplication of services and to
leverage resources;
•
Deliver services through a cost-effective, non -bureaucratic and easy to access
organizational structure;
Provide accountability and responsiveness to those who pay through open access to
Board meetings, elections to the Board and Board records.
23
APPENDIX A
MAP OF THE DISTRICT
24
1
• Downtown National City PBID
Benefit Zone 1
Benefit Zone 2
•
••-•.”,,r+
•• '
„ a , , • •
•
APPENDIX B
FIVE-YEAR PROJECTION OF THE ASSESSMENTS
ASSUMING THE MAXIMUM ANNUAL INCREASE
25
Downtown National City P.B.I.D.
FIVE YEAR PROJECTION OF ASSESSMENTS
WITH 5% ANNUAL ADJUSTMENT
Projected Budget
2005
5%
2006
5%
2007
5%
2008
5%
2009
Public Rights of Way and
Sidewalk Operations
$173,000.00
$8,650.00
$181,650.00
$9,082.50
$190,732.50
$9,536.63
$200,269.13
$10,013.46
$210,282.58
District Identity and
Streetscape Improvements
$14,000.00
$700.00
$14,700.00
$735.00
$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_
047,462.63
02,373.13
$49,835.76
Contingency/Reserve
012,722.01
0636.10
013,358.11
0667.91
$14,026.02
0701.30
$14,727.32
$736.37
$15,463.68
Total
$240,722.01
$12,036.10
$252,758.11
$12,637.91
$265,396.02
$13,269.80
$278,665.82
$13,933.29
$292,599.11
6/8/04
APPENDIX C
LIST OF PARCELS INCLUDED IN THE DISTRICT
14.
26
.J30 01 00
030 02 00
030 03 00
030 04 00
030 05 00
030 06 00
030 07 00
030 08 00
030 09 00
030 10 00
030 11 00
030 12 00
030 13 00
030 14 00
030 17 00
030 20 00
. J30 21 00
i 030 22 00
i 041 01 00
041 02 00
; 041 03 00
i 041 04 00
041
; 041
; 041
; 041
; 041
; 041
; 042
i 042
i 042
; 042
05 00
06 00
07 00
08 00
09 00
10 00
10 00
15 00
17 00
18 00
J52 04 00
i 052 05 00
i 052 06 00
i 052 14 00
Annual
Assessment
$240.00
$427.32
$0.00
$0.00
$240.00
$0.00
$240.00
$1,358.46
$278.41
$339.52
$270.50
$344.51
$282.92
$500.53
$1,089.50
$4,997.45
$3,644.29
$6,609.58
$878.28
$472.48
$3,616.36
$1,063.44
$570.74
$571.49
$694.46
$511.82 ,
$511.82
$1,206.28
$1,080.70
$3,104.82
$3,458.95
$7,001.77
$694.46
$649.75
$471 .60
$2,453.40
NATIONA
PARCELS
APN
555 052 15.00
555 053 17 00
555 054 12 00
555 081 09 00
555 081 10 00
555 081 14 00
555 081. 15 00
555 081 16 00
555 081 17 00
555 082 01 00
555 082 02 00
555 082 03 00
555 082 04 00
555 082 05 00
555 082 06 00
555 082 10 00
555 082 11 00
555 083 21 00
555 083 22 00
555 083 23 00
555 083 24 00
555 085 01 00
555 085 02 00
555 085 03 00
555 085 04 00
555 085 05 00
555 085 06 00
555 085 07 00
5551130400
555 113 05 00
5551130800
5551131100
5551131200
5551131300
555 114 01 00
555 114 02 00
L CITY PBID
TO BE ASSESSED
Annual
Assessment
$2,361.54
$22,785.90
$6,377.83
$510.24
$267.23
$396.50
$216.88
$695.37
$1,992.94
$1,855:29
$244.19
$527.88
$399.68
$1,137.98
$960.23
$1,533.33
$4,097.40
$1,846.85
$5,094.43
$2,989.50
$5,751.78
$622.48
$240.00
$240.00
$464.11
$2,797.35
$187.37
$4,258.90
$808.87
$792.75
$1,269.33
$2,084.78
$1,569.72
$1,133.05
$240.00
$240.00
APN
5551140300
555 114 04 00
555 114 05 00
5551140600
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 07 00
556 331 03 00
556 331 04 00
556 331 05 00
556 331 14 00
556 331 15 00
556 331 20 00
556 331 21 00
556 331 22 00
556 331 23 00
556 331 24 00
556 331 25 00
Annual
Assessment
$215.59
$220.14
$452.48
$652.46
$1,151.14
$330.42
$1,594.28
$1, 569.62
$1,614.58
$1,815.33
$5,492.84
$2,276.33
$2,485.63
$240.00
$1,820.45
$1,662.72
$1,510.43
$1,077.40
$240.00
$240.00
$496.74
$276.94
$419.14
$563.61
$754.77
$249.09
$505.91
$1,181.45
$2,439.68
$926.31
$748.13
$2,720.06
$1,255.39
$566.21
$715.80
$3,133.35
APN
556 332 20 00
556 332 21 00
556 332 22 00
556 332 23 00
556 332 24 00
556 333 15 00
556 333 17 00
556 333 18 00
556 334 19 00
556 334 20 00
556 334 21 00
556 334 22 00
556 471 03 00
556 471 04 00
556 471 16 00
556 471 17 00
556 471 23 00
556 471 24 00
556 472 23 00
556 472 24 00
556 472 26 00
556 472 27 00
556 473 15 00
556 473 16 00
556 473 17 00
556 474 01 00
556 474 02 00
556 474 21 00
556 493 01 00
556 493 04 00
556 493 05 00
556 553 01 00
556 553 02 00
556 553 03 00
556 553 04 00
556 553 05 00
Annual
Assessment
$1,764.62
$535.59
$375.86
$253.70
$1,409.83
$2,626.38
$4,907.21
$522.19
$2,101.81
$282.35
$410.30
$452.14
$2,233.31
$575.76
$1,585.34
$2,691.26
$4,830.57
$3,673.51
$2,019.79
$527.74
$3,056.70
$265.95
$1,526.52
$792.75
$962.08
$1,610.56
$739.54
$2,527.99
$1,290.96
$934.44
$240.00
$694.46
$357.75
$409.23
$616.95
$1,592.79
NATIONA
PARCELS T
APN
556 553 09 00
556 553 12 00
556 553 13 00
556 554 16 00
556 554 17 00
556 554 18 00
556 554 19 00
556 554 20 00
556 554 21 00
L CITY PBID
O BE ASSESSED
Annual
Assessment
$515.54
$567.57
$526.29
$4,415.42
$6,245.33
$1,195.18
$569.85
$1,205.03
$1,568.79
APN
Annual
Assessment
APPENDIX D
ENGINEER'S REPORT
27
•
Edward Henning & Associates
URBAN REVITALIZATION • FUNDING
Downtown National City
Property Business Improvement District
CITY OF NATIONAL CITY - CALIFORNIA
DISTRICT
ASSESSMENT ENGINEER'S
REPORT
Prepared by
Edward V. Henning,
California Registered Professional Engineer # 26549
Edward Henning & Associates
Phelan California
June 1, 2004
1333o Buttemere Rd • Phelan CA 92371 • (76o) 868-9963 • (fax) (76o) 868-6490 • mred2@earthlink.net
ATTACHME
Edward Henning & Associates
URBAN REVITALIZATION • FUNDING
DISTRICT ASSESSMENT ENGINEER'S REPORT
To Whom It May Concern:
I hereby certify to the best of my professional knowledge and experience that each of the identified benefiting
properties located within the proposed Downtown National City Property Business Improvement District will receive
a special benefit over and above the benefits conferred on the public at large and that the amount of the proposed
ass&sment is proportional to, and no greater than the benefits conferred on each respective property.
Prepare ' by Edward V Henning, California Registered Professional Engineer # 26549
RPE #26549 June 1, 2004
Edward V. He Date
(NOT VALID WITHOUT EMBOSSED CERTIFICATION SEAL AND SIGNATURE HERE)
Introduction
This report shall serve as the "detailed engineer's report" required by Section 4(b) of Article XIIID of the California
Constitution (Proposition 218) to support the benefit property assessments proposed to be levied within the
Downtown National City Property Business Improvement District (Downtown National City PBID) in the City of
National City, California being established for a five year period. The discussion and analysis contained within
constitutes the required "nexus" of rationale between assessment amounts levied and special benefits derived by
properties within the Downtown National City PBID.
NOTE 1: The terminology "identified benefiting parcel" or "property" is used throughout this report pursuant to SB
919 - "Proposition 218 Omnibus Implementation Act" which clarified portions of Prop 218. It provides the Engineer
and District Consultant with the ability to actually identify individual parcels which will benefit directly either in
whole or in part from the proposed District funded programs and improvements and does not imply that all parcels
receive assessable benefits .
1
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Edward Henning & Associates
URBAN REVITALIZATION • FUNDING
Background
The Downtown National City PBID is a property -based benefit assessment type district being established pursuant to
Section 36600 et seq. of the California Streets and Highways Code, also known as the Property and Business
Improvement District Law of 1994 (the "Act"). Due to the benefit assessment nature of assessments levied within a
PBID, district program costs are to be distributed amongst all identified benefiting properties based on the
proportional amount of program benefit each property is expected to derive from the assessments collected. Within
the Act, frequent references are made to the concept of relative "benefit" received from PBID programs and activities
versus amount of assessment paid. Only those properties expected to derive special benefits from PBID funded
programs and activities may be assessed and only in an amount proportional to the relative benefits expected to be
received.
The method used to determine benefits derived by each identified property within a PBID begins with the selection
of a suitable and tangible basic benefit unit. For property related services, such as those proposed in the Downtown
National City PBID, the benefit unit may be measured in linear feet of street frontage or parcel size in square feet or
building size in square feet or number of building floors or proximity to major corridors in average linear feet, or any
combination of these factors. Quantity takeoffs for each parcel are then measured or otherwise ascertained. From
these figures, the amount of benefit units to be assigned to each property can be calculated. Special circumstances
such as unique geography, land uses, development constraints etc. are carefully reviewed relative to sp d1lc
programs and improvements to be funded by the PBID in order to determine any levels of diminished benefit which
may apply on a parcel by parcel or categorical basis.
Based on the factors described above such as geography and nature of programs and activities proposed, an
assessment formula is developed which is derived from a singular or cong,v,ite basic benefit unit factor or factors.
Within the assessment formula, different factors may be assigned different "weights" or percentage of values.
Next, all program and activity costs, including incidental costs, district administration, ancillary programs, and
volunteer and comped resource and material credits are estimated. It is noted, as stipulated in Proposition 218, and
now required of all property based assessment districts, indirect and general benefits may not be incorporated into
the assess -rent formula and levied on the district properties; only direct or "special" benefits and costs may be
considered. Indirect or general benefit costs must be calculated and factored out of the assessment cost basis to
produce a "net" cost figure. In addition, Proposition 218 no longer exempts government owned property from paying
benefit assessments and these properties must be factored into the assessment roll if special benefit is determined to
be conferred upon such properties.
2
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Edward Henning & Associates
URBAN REVITALIZATION • FUNDING
From this, the value of a basic benefit unit or "basic net unit cost" can be computed by dividing the total amount of
estimated net program costs by the total number of benefit units. The amount of assessment for each parcel can be
computed at this time by multiplying the Net Unit Cost times the number of Basic Benefit Units per parcel. This is
known as "spreading the assessment" or the "assessment spread" in that all costs are allocated proportionally or
"spread" amongst all properties within the PBID.
The method and basis of spreading program costs varies from one PBID to another based on local geographic
conditions, types of programs and activities proposed, and size and development complexity of the district. PBIDs
may require secondary benefit zones to be identified to allow for a tiered assessment formula for variable or
"stepped -down" benefits derived.
Supplemental Proposition 218 Procedures and Requirements
Proposition 218, approved by the voters of California in November of 1996, adds a supplemental array of procedures
and requirements to be carried out prior to levying a property -based assessment like the Downtown National City
PBID. These requirements are in addition to requirements imposed by State and local assessment enabling laws.
These requirements were "chaptered" into Law as Article XIID of the California Constitution and then further
cued 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 XUI of the California Constitution):
Findingl. From Section 4(a): "Identify all parcels which will have a special benefit conferred upon them and
upon which an assessment will be imposed"
There are 153 "identified" individual parcels within the Downtown National City PBID which will all derive some
Level of special benefit from the proposed District programs and activities. These parcels are shown on the
Boundary Map within the Management District Plan and are listed as an attachment to the Plan - identified by
assessor parcel number and site address. Two benefit zones have been identified within the District which generally
includes all properties along and surrounding the National City Boulevard corridor from 2'd to 12`s and the 8th
Street corridor from the freeway to A Avenue.
3
13330 Butternere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (760) 868-6490 • mred2@earthlink.net
•
Edward Henning & Associates
URBAN REVITALIZATION • FUNDING
Findint 2. From Section 4(a): "Separate the general benefits from the special benefits conferred on parcel(s).
Only special benefits are assessable. "
As stipulated by Prop 218, assessment district programs and activities confer a combination of general and spe‘.ial
benefits to district properties, but the only program benefits which can be funded through assessments are those
attributed to special property related benefits. Thus, a portion of the program costs must be considered attributable
to general benefits and assigned a value. Conventional assessment engineering experience has found that general
benefits within a given district typically average 10% of the total adjusted costs with a 5% deviation. (Total
adjusted costs include actual proposed PBID program costs plus any additional supplemental or matching program
costs as well as applied credits from sources such as start up grants, Board/Committee member service credits and
specialized assessment reductions/adjustments.) There are three common methods for determining general and
special benefit ratios within assessment districts:
(1) The parcel by parcel allocation method
(2) The program/activity line item allocation method, and
(3) The composite district overlay determinant method.
The vast majority of PBIDs in California have used Method #3, the composite district overlay determinant method
which will be used for the Downtown National City PBID. Using empirical data from other PBIDs, a focused range
for general benefits from 5-15% is used. Based on a composite of district criteria such as the shape of the
Downtown National City PBID, the existence of two benefit zones, a three-four element assessment formula, the
proximity all of district properties to the applicable program benefit zones, and the nature of the proposed programs
and activities, a specific "overlay" value of 5% is assigned to the general benefit portion of the total adjusted costs.
This leaves a value of 95% assigned to special benefit related costs. Since the total program cost is estimated at
$265,572.01 (see Table 1 later in this Report), the maximum special benefit portion which can be recouped through
property assessments, is $252,293.41. Remaining costs which are attributed to general benefits, will need to be
derived from other sources. (e.g. public/private matching grants, startup grants, startup volunteer credits or ongoing
board member volunteer credits).
4
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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 spc vial benefit related program and activity
costs) were computed by dividing the individual parcel assessment by the total program costs.
Finding 4. From Section 4(a): "No assessment shall exceed the reasonable cost of, the proportional special
benefit conferred on parcel(s)."
Not only are the proposed program costs reasonable due to the benefit of group purchasing and contracting which
would be possible through the Downtown National City PBID, they are also considerably Iess than other options
considered by groups like the Downtown National City PBID Formation Conunittee.
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 G 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
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Finding 7. From Section 4(c): "The amount of the proposed assessment for each parcel shall be calculated
(along with) the total amount thereof chargeable to the entire district, the duration of such payments, the
reason for such assessment and the basis upon which the amount of the proposed assessment was calculated,"
The individual and total parcel assessments attributable to special property benefits are shown on an attachment to
the Management District Plan. The district and resultant assessment payments will continue for five years and may
be renewed again at that time. The reasons (purposes) for the proposed assessments are outlined in the Management
District Plan. The calculation basis of the proposed assessment for the PBID is attributed in part to the specific
amount of p,nperty size, building size and street frontage.
Special Benefit and Assessment Analysis
Step 1. Select "Basic Benefit Unit(s)"
PBID assessment formulas typically are based on either property street frontage or parcel and building size or
Location, all which can affect the amount of benefit conferred on a particular parcel and the proportionate assessment
to be paid_ The formula may base assessments on a single factor or a combination of factors.
Based on the nature of the program activities to be funded by the Downtown National City PBID, which relate to the
proportionate amount of real estate (i.e. land) held in ownership, development intensity (i.e. building area) and
property street frontage as well as land use, it has been determined that the assessments for the PBID will be based
proportionately on a combination of parcel size, building size, land use and street frontage. In addition a flat rate will
be applied to single family residential (SFR) and residential condo units located on non -residentially zoned land.
The "Basic Benefit Unit" will be expressed as a function of land square footage (Basic Benefit "A" Units), building
area (Basic Benefit "B" Units - further refined by land use) and linear feet of property frontage (Basic Benefit "C"
Units). Based on the shape of the Downtown National City PBID, as well as the nature of the District program
elements, it is determined that two benefit zones exist in which identified properties will gain a direct, albeit,
proportionate degree of benefit based on the respective amount of parcel size, building size, land use and street
frontage.
Step 2. Quantify Total Basic Benefit Units
Taking into account all identified benefiting properties, there are 1,465,301 square feet of assessable parcel land area
within the District, 448,344 square feet of assessable building area and 21,744 linear feet of property street frontage.
In addition, there are 12 assessable single family/condo units. Since the selected Basic Benefit Unit is based on a
6
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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 l 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 Iand uses, property areas and dimensions of
record for each tax parcel and are listed as an attachment to the Management District Plan_ While it is understood
that this data does not represent legal field survey measurements or detailed title search of recorded land subdivision
maps or building records, it does provide an acceptable basis for the purpose of calculating property based
assessments. All respective property data being used for assessment computations has been provided to each property
owner in the PBID for their review. All known or reported discrepancies or errors have been corrected.
Step 4. Determine Assessment Formula
For a District with a single Basic Benefit Unit with one Benefit Zone, the assessment formula would be the same for
each identified benefiting property as follows:
Number of Basic Benefit Units x Basic Unit Cost = PBID Assessment
The Downtown National City PBID assessment is to be based on three Basic Benefit Unit factors; land square
footage (Basic Benefit "A" Units), building area (Basic Benefit "B" Units) and linear feet of property frontage (Basic
Benefit "C" Units). It has been determined that the assessment should be based partially on parcel size, building size
and street frontage as follows:
Zone 1:
Assessment = [(No. of Benefit "A-1"Units x Basic "A-1" Unit Cost)] +
[(No. of Benefit "B-1" Units x Basic "B-1" Unit Cost)) +
[(No. of Benefit "C-1" Units x Basic "C-1" Unit Cost)J
Zone 2:
Assessment =
[(No. of Benefit "A-2"Units x Basic "A-2" Unit Cost)] +
[(No. of Benefit "B-2" Units x Basic "B-2" Unit Cost)] +
[(No. of Benefit "C-2" Units x Basic "C-2" Unit Cost)]
7
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Note A: Benefit "B" Unit Costs vary based on land use as shown in Table 3 later in this report.
Note B: Assessments for single family residential and residential condos are based on a flat fee per unit as
shown in Table 3.
Sten 5. Estimate Total Program and Activity Costs
Total estimated proposed program and activity costs are shown below in Table 1. These costs include expenses for
general as well as special benefits and related programs/activities.
TABLE 1
Estimated Total Year 1 Program & Activity Costs (Special+General Benefits)
Program/Activity
Year 1
Wo
Public Rights of Way & Sidewalk Operations
$1 73,000.00
65.14%
District Identity/Streetscape Improvements
$14,000.00
5.27%
Administration/Corporate Operations
$41
1 5.44%
Contingency/Reserve
,000.00
$12,722.01
4.79%
Misc Costs (Credits)
$24,850.00
9.36%
Total
S265,572.01
100.00%
Step 6., Separate General Benefits from Special Benefits and Related Costs (Prop 218)
Total program and activity costs are estimated at $265,572.01 (see Table 1 above). General benefits are factored at
5% of total (see Finding 2 on page 4 of this report) with special benefits set at 95%. Prop 218 limits the levy of
property assessments to costs attributed to special benefits only. The 5% general benefit cost is computed to be
$13,278.60 with a resultant 95% special benefit limit computed at $252,293.41. This is the maximum amount of
revenue that can be derived from property assessments from the sub/ect PBID. The total amount of revenue
proposed to be derived from PBID assessments is $240,722.01 for Year I, which is less than the special benefit limit
of $252,293.41. Therefore, no Prop 218 adjustments need to be made to the proposed assessment formula. All
program costs associated with general benefits will be derived from sources or credits other than PBID assessments
as shown below in Table 2.
8
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TABLE 2
Total Adjusted Year 1 Revenue (For Special + General Benefit Programs/Activities)
Funding Source
Subtotal Revenue
%.
PBID Assessments
S240,722.01
90.64%
PBID Formation Pro -rated Credit/Year (S35,000 base)
S7,000.00
Z.64%
PBID Formation Pro -Rated Volunteer Credit/Year (50% base)
$3,500.00
1.32%
Annual Board/Volunteer Credit (35% base Admin)
S14,350.00
5.40%
TOTAL ADJUSTED REVENUE
S265,572.01
100.00%
Step 7. Calculate "Basic Unit Cost" (Special Benefits Only)
With a Year 1 budget of S240,720.01 (special benefit only), the Basic Unit Costs ("A", "B" and "C") from the
Management Plan are:
TABLE 3
Basic Unit
Land Use Description
Benefit Zone 1
Benefit Zone 2
"A" Cost
All except SFR and condos
$0.0841/sf
$0.0757/sf
"B-a" Cost
Retail, hotels, motels, visitor
$0.1886/sf
$0.1697/sf
"B-b" Cost
Office, commercial, pkg struc.
$0.1696/sf
$0.1697/sf
"B-c" Cost
Industrial, manufacturing
$0.1696/sf
$0.1697/sf
"B-d" Cost
Institutional, government etc
$0.1577/sf
$0.1578/sf
"B-e" Cost
Residential 20+ units
$0.1485/sf
$0.1485/sf
"B-f' Cost
Residential 9-19 units
$0.1485/sf
$0.1485/sf
"B-g" Cost
Residential 2-8 units
$0.1485/sf
$0.1485/sf
"B-h" Cost
Single family residential
$240 flat rate
$240 flat rate
"B-i" Cost
Residential Condo
$240 flat rate
$240 flat rate
"C" Cost
All except SFR and condos
$1.8264/LF
$1.8264/LF
Since the PBID is planned for a five year term, maximum assessments for future years (Years 2 through 5) must be
set at the inception of the PBID. A maximum annual flat rate increase of 5% may be imposed each year, subject to
approval by the PBID Board.
9
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Step 8. Spread the Assessments
The resultant assessment spread calculations for each parcel within the PBID are shown in an attachment to the
District Management Plan and were determined by applying the District assessment formula to each identified
benefiting property. This list of all identified benefiting parcels in the PBID delineates each parcel and benefit units
for property street frontage and parcel area.
10
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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 Accpssment Engineering Analyses and Reports (Licensed Engineer)
• Downtown Revitalization Plans/Redevelopment Planning and Implementation
• Establish/Administer/Field Supervision for Rehabilitation Programs and Projects
• Architectural Design Guidelines/ Sign Ordinances
Partial list of agencies and clients represented
• Town of Apple Valley
• City of Berkeley
• City of Buena Park
• City of Culver City
• City of Huntington Park
• City of Huntington Beach
• City of Los Angeles
- Gateway to LAX
- Historic Downtown Core
- Hollywood District
- Melrose/Fairfax
— Larchmont
- Los Feliz
- San Fernando Valley (6 areas)
- San Vicente
- Wilshire Center
• City of Monterey Park
• City of Napa
• City of Newport Beach
• City of Ontario (Downtown)
• City of Oxnard
• City of Pasadena
• Placer County (Tahoe City)
• City of San Francisco (Union Square)
• City of Vacaville
• City of Whittier
• City of Yucaipa
PBID Formation (Village)
BID Formation (Downtown)
BID Formation Analysis (Auto Row & Entertainment Corridor)
BID Formation (Downtown)
BID Formation (Pacific Blvd.)
BID Formation (Auto Row District)
PBID Formation & Renewal (Prop 218 Compliance)
PBID Formation (Prop 218 Compliance)
PBID Formation (Prop 218 Compliance)
PBID Formation (Prop 218 Compliance)
PBID Formation & Renewal
BID Formation
PBID Formation (Prop 218 Compliance)
Private Sector PBID Formation
Hybrid BID/PBID Formation
BID Modification (Downtown)
PBID Formation (Downtown)
BID Advising
BID Modification
PBID Formation (Downtown)
PBID Formation (Playhouse District)
Citywide Tourist Improvement District (11D)
PBID Formation (Downtown)
PBID Formation (Prop 218 Compliance)
BID Formation (Downtown)
Citywide Tourist Improvement District Evaluation (TID)
BID Modification (Uptown)
PBID Formation & Renewal(Uptown)
11
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MEETING DATE
City of National City, California
COUNCIL AGENDA STATEMENT
August 1, 2006
21
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.
( Environmental Review N/A
Financial Statement
N/A
MIS Approval
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION
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 )
1. Resolution
2. Staff Report to the Traffic Safety Committee
Resolution No.
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 Raei, 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 1st day of August, 2006.
Nick Inzunza, Mayor
ATTEST:
Michael Dalla, 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 NO. 2006-12
ITEM TITLE: 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. 3`d 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
TriNAL AVE)
H
CITY BLVD
Jul
m
t
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE August 1, 2006
22
AGENDA ITEM NO.
(-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 Leslie Deese EPARTMENT Commynity Services/City Manager
Phone: (619) 336-4242
EXPLANATION 7 l
The American Golf Corporation has responded in writing to the City Council's request to
decrease the green fees for city residents at the National City Golf Course. (See attachment.)
American Golf recommends a $1 decrease in resident's green fees on weekends, but no
decrease for such fees during the week. American Golf is also asking for an increase in the
green fees paid by non-residents, as well as an increase in golf cart fees for all users, effective
September 5, 2006. The last fee increase was March, 2002.
Also attached is a copy of the General Manager's 2005 Executive Summary Review on the
National City Municipal Golf Course. This information is provided in response to the City
Council's request for periodic updates from American Golf on golf course performance and
property improvements. Additionally, staff has asked American Golf for quarterly updates.
Regarding the Council's inquiry about building ownership, National City owns the clubhouse and
other buildings on the golf -course property, and American Golf is responsible for their
maintenance and repair.
f
x
Environmental Review N/A
Financial Statement
N/A
Account No.
STAFF RECOMMENDATION
The proposed rate adjustment only partially addresses the City Council's request for discounts
to National City residents. Staff is submitting the proposed fee adjustment to City Council for
their consideration.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
1. American Golf letter dated June 3, 2006
2. Resolution
3. American Golf's 2005 Executive Summary Report on the National City Municipal Golf
Caur se
Resolution No.
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 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 1st day of August, 2006.
Nick lnzunza, Mayor
ATTEST:
Michael Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
June 3, 2006
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 two dollars to our weekday non-
resident and senior non-resident rates. We are also proposing an increase to our weekday
and weekend twilight rate of $1.00, as well as a $1.00 increase to the weekend non-
resident rate. We are not requesting an increase to the weekday National City resident
rate. In fact, we are proposing a decrease to the National City weekend resident rate by
$1.00 at the request of Mayor Inzunza. National City residents will now be eligible for
the discounted resident rate, weekday and weekend, upon check in with valid
identification. We are also proposing a fifty cent increase to the weekend replay rate and
$1.50 increase to the weekday twilight replay rate.
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 7`h, 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
9-hole Non -Resident
9-hole Resident
Seniors Non -Resident
Senior Resident
Juniors
Twilight
National City Golf Course Proposed Rates
Date: 7/24/2006
Green Fees''°
Weekday Proposed
Current 9-hole Variance
$10.00 $12.00 $2.00
$10.00 $10.00 $0.00
$8.00 $10.00 $2.00
$7.00 $7.00 $0.00
$7.00 $7.00 $0.00
$8.00 $9.00 $1.00
Adults - Replay $8.00 $8.00 $0.00
Seniors - Replay $5.50 $6.00 $0.50
Juniors - Replay $4.50 $6.00 $1.50
Twilight - Replay $4.50 $6.00 $'1.50
Weekend Proposed
Current 9-hole Variance
9-hole Non -Resident $14.00 $15.00 $1.00
9-hole Resident $14.00 $13.00 -$1.00
Seniors Non -Resident $9.00 $11.00 $2.00
Senior Resident $8.00 $8.00 $0.00
Juniors $8.00 $8.00 $0.00
Twilight $10.00 $11.00 $1.00
Adults - Replay $8.00 $8.00 $0.00
Seniors - Replay $5.50 $6.00 $0.50
Juniors - Replay $5.50 $6.00 $0.50
Twilight - Replay $5.50 $6.00 $0.50
Cart Fees +
Weekend and Weekday Rates
Per person
Pull Cart
Current
$7.00
$2.00
Cart Replay Current
Per person $3.50
Proposed
$8.00
$4.00
Proposed
$4.00
National City
Golf Course
2005 Review
Executive Summary
Craig Hill
General Manager
2005 Review Summary Index Page #
2005 Performance Recap 3
2006 Opportunities 4-5
2005 SWOT Analysis 6
2006 Green Fee & Cart Fee Rates 7
Competitive Market Analysis 8
Rounds of Golf History 9
Course Staff 10
Photo Album 11-15
2
2005 Performance Recap
Performance Summary
• Green Fee Revenue affected by record amounts of rainfall in the 1st quarter
• Driving Range Revenue has exceeded 2004 by 5% to date.
• The Golf Practice Experience has greatly improved due to improved ball
quality, revamped lighting, and new range mats.
• Cart revenue is up by 8% --twenty-two new carts has added to the guests'
experience.
• Food and Beverage revenue is down mainly to 1st quarter rainfall -the close
proximity of numerous fast food and quick service restaurants has added to
the competitive market.
• Golf Course conditions are better than average; fire damage in a
maintenance storage building (end of 2004) and rain damage (early 2005)
have both been repaired
1. Fire debris was removed; fill dirt and fresh sod replaced
Reference photographs p. 11
2. Rain and silt damage on Fairway #2 repaired with sod
Reference photographs p.12
3. Ongoing Driving Range carpet repairs to improve drainage
4. Safety rail added to protective fence between Green # 8 and Tee # 9
Reference photograph p. 13
5, Purchased new turf maintenance equipment
• Remodeling clubhouse interior with: 1)New furniture, 2) Big screen television,
3) New carpeting, and 4) fresh paint
Reference photographs p. 14
• Replaced faded and aging sign with new sign
Reference photographs p. 15
• Currently trending at -66,000 rounds of golf played; number is flat to prior year
performance
3
2006 Opportunities
• We continue to seek tournament business by providing an alternative to full
scale large golf events. Our selling point is based on our relaxed atmosphere
of golf that all levels of skill can enjoy, and not spend all day doing it. Current
and past events have been; Sweetwater Kiwanis, San Diego Junior Golf
Association, and the USS Ronald Reagan (CVN 76).
• Continue to welcome ongoing league play and the creation of new golf
leagues through out the year.
• Dining Room Food Sales - Renovating clubhouse interior with new carpet and
paint. The addition of a big screen television and newer tables and chairs to
attract and retain guests.
• Maintain strong Green Fee/Cart Fee revenues through increasing the number
of rounds and rate. See proposed rate increases on page 7. Last time rates
were increased was February 2002.
• Better COS controls in Food & Beverage and Merchandise.
• Strive to continue to reach out to the local community with ongoing junior
programs to teach children the fundamentals of playing golf, and special
discounted rates for Seniors. We currently work with Sweetwater High School
as their home course for matches and practice. Southwestern College also
uses the facility for their golf class.
• Continue to improve course conditions with additional new equipment and a
meticulous agronomic plan for healthy turf.
4
Summary
The beginning of 2005 brought record amounts of rainfall in the San Diego area.
Being a business that is based upon the weather, the 1st quarter of operations
was a struggle, especially compared to the prior year which had spectacular
weather. As the weather conditions improved, the golfers came back to enjoy
better golfing conditions. The addition of new equipment has helped improve our
turf conditions. Continued capital improvement of the property helps freshen
curb appeal and improve playing conditions of the golf course. A consistent staff
of professionals, are dedicated to serving the City of National City's golfing
needs.
In 2006, we are conservatively projecting that revenue and rounds remain fairly
flat due to decreasing golf participation nationwide. We will seek the highest
levels of productivity and efficiency, providing a product and service that meets
the needs of the people of National City,. and other surrounding communities. We
are dedicated to provide an outstanding golf value, a quick round of golf, and
quality service to all of our guests. As always, we look forward to our continued
relationship with the City of National City.
5
S.W.O.T. Analysis
Strengths
• Central Location - Easy access and freeway close.
• Consistent customer base and established reputation in the community
• Fast pace of play; usually under 2 hours for 9 holes
• Great value for our guests
• Lighted Driving Range
Weaknesses
• Not a championship full length 18 hole golf course
• No grass tee line for the driving range
• Limited amount of carts.
• Using well water that is high in salinity, is a challenge for growing healthy turf.
Opportunities
• Continued growth of our niche (9-hole golf course with a fast pace of play)
• Tournament sales - better resource, and alternative to full scale events.
• Increase sales in Merchandise through proper planning and execution of our merchandising
plan. Continue to grow our driving range business with high quality range balls, and mats.
• Maintain and increase Green Fee/Cart Fee revenues through quality revenue management
strategies and training.
• Better course conditions
Threats
• Continued course improvements at competing golf courses
• Economy and downward trend of participation in golf
• Higher end publics causing downward pressure through aggressive discounts.
•
•
The continued increase in the price of gasoline erodes consumer discretionary spending for
recreational activities.
Poor weather such as rainy days in the winter, and high heat and humidity in the summer.
6
Green Fee & Cart Fee Rates
Green Fees 2003 2004 2005 2006 (Proposed) *
Weekday $10 $10 $10 $11
Weekend $14 $14 $14 $15
Twilight - WD $8 $8 $8 $9
Twilight - WE $9 $9 $9 $.10
Senior $8 $8 $8 $9
Senior - Resident $7 $7 $7 $8
Senior- WE $10 $10 $10 $11
SuperTwi - WD $5 $5 $5 $6
SuperTwi - WE $5 $5 $5 $6
Junior $7 $7 $7 $7
Cart Fees
Regular $7 $7 $7 $8
* Last rate increase was February 2002, and the cost of operations has increased
significantly over the last couple of years, and will continue to increase in order to
provide continued quality of service.
2005 MARKETIN4 I: PUBLIC COURSE CMA
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11/23/2005
PAGE 1 OF 1
Military
Tournament
Senior
Junior
Super TW
9-hole
9-hole resident
American Golf Club
Comp
TOTAL
0
98
0
0
0
73105
1810
1176
3057
0
433
0
0
0
71783
1840
1402
4544
2222
423
0
0
0
63802
1250
1774
5170
1845
1042
60
410
341
55710
3433
1722
3791
2707
702
242
216
852
52741
4068
1063
3953
79246 80003 74641 68354 66545
Course Staff
• Craig Hill, General Manager, has been at National City for the last year. Craig
is a native of Los Angeles, and attended California State Polytechnic
University, Pomona where he earned his Bachelor of Science in
Communication. Has been with AGC for 5 years. Most recent assignments has
been at The Vineyard at Escondido as Operations Manager, and General
Manager of Jess Ranch Golf Course in Apple Valley, CA. When not playing
golf, Craig enjoys outrigger canoe racing as a member of Hanohano
Outrigger Canoe Club of Mission Bay.
• Cameron Stephens joins the San Diego Region as Regional Vice President for
American Golf. Mr. Stephens was the Regional Vice President for Arizona,
Colorado, and Hawaii golf properties of American Golf before moving to San
Diego.
• Patrick Gonzalez PGA, is a class -A member in good standing with the
Professional Golfers Association of America (PGA). Not only is Patrick our Head
Golf Professional, he is also Golf Shop Manager. Patrick originates from Austin,
Texas where he attended the University of Texas earning his degree in
Computer Science. Prior to attending the University of Texas, Patrick was a
naval aviator on the carrier USS Nimitz, and is also a licensed commercial pilot,
Patrick joined American Golf in 1989 working at Chula Vista Golf Course, and
then moved over to National City Golf Course.
• Ismael "Mayo" Velasco, course superintendent, has been maintaining golf
courses since 1988. Mayo started with American Golf at Chula Vista Golf
Course as an equipment operator, and has risen through the ranks to become
a course superintendent. Before arriving at National City, Mayo was the
Assistant Superintendent at Riverwalk Golf Club, in Mission Valley. It was at
Riverwalk under the watchful eye of the Superintendent, where Mayo
sharpened his skills and gained an eye for details. Originally from Tijuana,
Mexico, Mayo now lives in nearby Chula Vista with his wife and 4 children.
When not minding the greens, you can catch Mayo playing soccer in an
adult league in Tijuana, Mexico, or restoring his 1968 Chevy Impala.
• Leticia "Lefty" Torres remembers when the permanent clubhouse was built.
Work on the clubhouse was completed in September 1985, and by
December, Lefty was working here. Letty has worked at the National City Golf
Course continuously since then as Snack Bar Supervisor, Originally from Tijuana,
Mexico, Lefty first came to California to live with her sister in Van Nuys,
California. She soon moved to San Diego, and eventually National City where
she has lived for the last 25 years. When not at work, Lefty enjoys spending
time with her family, especially her 2 grandchildren.
10
Photo Album
Maintenance storage building after fire on 12/23/04
Completed clean-up of debris, and turf replacement
11
#2 fairway after heavy rainfall in early 2005, as seen from #8 fairway
# fairway after silt removal and 8000 square feet of turf replacement with Bermuda sod
12
Rail added between fence poles for added safety of golf carts on cart path between #8 green and #9 tee
13
Clubhouse snack bar interior before new furniture, big screen television, and new carpet
. ated snack bar. New menu board and paint are to be completed by the end of November.
14
Old and faded sign facing Sweetwater Rd.
New sign installed July 2005
15
Community Services Department
Memo
To: Lin Wurbs, Assistant City Manager
From: Leslie Deese
Date: December 1, 2005
Re: 2005 Executive Summary - National City Golf Course
Craig Hill, General Manager of the National City Golf Course requested that
the Mayor and City Council receive a copy of the attached 2005 Executive
Summary.
Thank you.
Attachment
cc: City Manager
City of National City
COUNCIL AGENDA STATEMENT
23
MEETING DATE: August 1, 2006 AGENDA ITEM NO.
ITEM TITLE: REPORT: SUBMISSION OF FISCAL YEAR 2006-2007 MILE OF CARS ASSOCIATION
ANNUAL BUDGET AND LISTING OF CURRENT BOARD MEMBERS.
PREPARED BY: LETICIA QUINTERO DEPARTMENT: CITY MANAGER'S OFFICE
EXPLINATION:
Since the formation of the Property Business Improvement District for the Mile of Cars, the Association has
been required to submit their annual budget and board of directors on an annual basis.
Environmental Review: X N/A
Financial Statement:
Not Applicable
1
STAFF RECOMMENDATION:
Accept and file report.
BOARD/COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS (Listed Below)
1. Budget
2. Board of Directors
Resolution No.
07/06/2006 10:24 8582726959
WELDON DONALDSON
PAGE 03
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07/06/2006 THU 10:39
07/06/2006 10:24 0582726959
WELDON DONALDSON
PAGE 02
r i eigi■
NATIONAL CITY
Board.' of Directors. 2006
President: John Ball, Ball Auto Group
Vice President: .Bill .Cumming, Ron Bak
Secretary: Tim Howell, Mossy Nissan
Chevrolet
Treasurer: Lane Pearson, San Diego Doge
Directors: Weldon Donaldson and Bob Shumake
PO. Box 1387, National City, CA 91951
tnn w.n n,,.. 1 Imo,.....,
City of National City
COUNCIL AGENDA STATEMENT
VIEETING DATE: August 1, 2006 AGENDA ITEM NO.
24
ITEM TITLE: REPORT: SUBMISSION OF FISCAL YEAR 2006-2007 DOWNTOWN NATIONAL CITY PROPERTY
BUSINESS IMPROVEMENT DISTRICT ANNUAL BUDGET AND BOARD MEMBERS.
PREPARED BY: Chris Zapata, Executive Director DEPARTMENT: Community Development Commission
EXPLANATION:
Since the formation of the National City Property Business Improvement District in fiscal year 2004-2005, the District is
required to submit their annual budget and board of directors on a yearly basis. The budget is incorporated in the Down-
town National City Property Business Improvement District Management District Plan, which covers a five year period.
Environmental Review: X N/A
Financial Statement:
Not Applicable
STAFF RECOMMENDATION:
Accept and file report.
BOARD/COMMISSION RECOMMENDATION:
N/A
I
ATTACHMENTS (Listed Below)
1. Board of Directors and Budget
Resolution No.
1
ni■
MORGANSQUARE
THE HART OF SOUTH BAY
DISTRICT GOVERNANCE AND
THE MORGAN SQUARE DISTRICT
ADMINISTRATION:
Morgan Square, Inc., a non-profit management corporation comprised of assessed property
owners within the district.
President: Patti Finnegan - Niederfrank's Ice Cream
Vice President: Marcia Nordstrom - Trophy Lounge
Secretary: Ditas Yamane - The Phone Shop, Inc.
Treasurer: Nilesh Patel - Howard Johnson's - NC
Board of Directors:
Mike Arellano - Mc Dini's Restaurant
Jim Beauchamp - Parkside Towers
Dan Fissori - Pacifica Host Corporation
Sharon Meints - Appliance Paris Center
George Taylor - Union Bank of California
Juan Jose Torres - Bay Theatres
Mike Sunshine - General Bead Factory
John Webster, Sr., - National City Chamber of Commerce
Benefit Zones:
The Morgan Square District Benefit Zones are created based upon the frequency and type of
special benefit services that might be desired. The core area is National City Boulevard and 8th
Street and may need special benefit services, have large special events and be the focus of
many promotional activities.
Benefit Zone
Boundaries
Zone 1
(core area)
Zone 2
(peripheral area)
National City Boulevard from 2nd to 12th Street
8th Street from the Interstate 5 freeway bridge to A Avenue
All other streets in the district not included in Benefit Zone 1
Downtown National City Property Improvement District
835 D Avenue National City, CA 91950
Tel: (619) 477-9188 email: moraansauare@cox.net
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 Morgan Square District has two
benefit zones, each receiving varying degrees of special benefits funded from the assessment
district.
JUNE 2006 - JULY 2007
WORK PLAN AND BUDGET
SERVICES:
Special benefit services to be financed by the Morgan Square District will primarily include
funding the following types of services:
1. Public Rights of Way and Sidewalk Operations (PROWSO)
may include the following special benefit services, based upon
prioritization by the District Management : $ 170,000.00
■ 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;
• Security
■ Homeless intervention;
• Equipment, supplies, tools;
• Misc.
2. District Identity and Streetscape Improvement (DISI)
(Predominantly in Benefit Zone 1) $ 35,000.00
• Special events
• Web site;
• Pedestrian kiosks/signage
• Underwriting advertising coop for hotel and retail
2
Downtown National City Property Improvement District
835 D Avenue National City, CA 91950
Tel: (619) 477-9188 email: morgansouaretacox.net
3. Administration and Corporate Operations: .. .$ 23,500.00
• Staffing;
• Insurance;
• Office related expenses;
• Misc.
4. Contingency/Reserve: $ 12,176.78
• Delinquencies;
• City costs;
• County costs;
• Hardship;
• Reserves;
Total $ 240,676.78
Total Assessment June 2006 — July 2007 $ 240,676.78
Roll over Balance from 05-06 $ 127,658.15
Total Operating Budget $ 368,334.93
On Thursday, July 13, 2006, Morgan Square District Board unanimously approved
the District Management Budget Plan.
Thank you.
MORGANSQUARE
THE HEART OF SOUTH BAY
row
Ditas Yamane
Secretary
3
Downtown National City Property Improvement District
835 D Avenue National City, CA 91950
Tel: (619) 477-9188 email: morgansouare@cox.net
ALPM$RCJEC$IT
ITEM #25
8/10/06
NATIONAL CITY PROGRESS REPORT
June 2006 - July 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.
06-02-06 - 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,
06-6-06 - cleaning up of transients camps, weed and tree trimming, cutting brush,
hauling debris to dump,
• Kimball Park,
• 99 cent Store,
• Mile of Cars and Wilson,
• 222 Plaza Blvd.,
• A-1 alloys,
• Park Motel,
• Big Lots,
• Jimmy's Restaurant,
• Smart n Final,
• Sunny's Donuts,
• Highland Carwash,
06-16-06 - 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,
06-26-06 - cleaning up of transients camps, weed and tree trimming, hauling debris
to dump,
• 2010 Haffley Ave.
• A-1 Alloys,
• Cleveland & Civic Center Dr.,
• 99 Cent Store,
• Sunny's Donuts,
• Paradise & Park Motel,
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
1.43 net tons of homeless camps, trash and debris. We have trimmed and skirted 3 trees.
Alpha Project has provided outreached to 3 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 revitalisation 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.
Community Projects Manager
City of National City, California
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
26
MEETING DATE August 1, 2006 AGENDA ITEM NO.
�TEM TITLE RATIFICATIONS OF EXPENDITURES OF THE CDC: EXPENDITURES FO�
THE PERIOD OF 07/06/06 THROUGH 07/18/06 OF $247,459
Marilyn Adrianzen •
PREPARED BY
Senior Accountant
619-336-4391
EXPLANATION
See attached report.
DEPARTMENT
CDC— Finance
Environmental Review ✓ N/A
Financial Statement
Total expenditures for the period of 07/06/06 THROUGH 07/18/06 amount to $247,459.
Account No. N/A
STAFF RECOMMENDATION
RATIFY EXPENSES
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
Resolution No.
Ratification or Expenditures for the period 07/06/06 through 07/18/06
A-200 (9/80)
Payee
CDC
SAN DIEGO GAS & ELECTRIC
WILSHIRE GRAND HOTEL
ASPEN PUBLISHERS, INC.
AT SYSTEMS WEST, INC.
BENNETT PEJI DESIGN
CENTRAL SECTION-CCAPA 2006
CITY OF NATIONAL CITY
DPRA INC.
DR MARKETING & PROMOTIONS
EDAW, INC.
EMPLOYMENT DEVELOPMENT DEPT.
ESTRADA LAND PLANNING
FEDERAL EXPRESS
FEDEX KINKO'S
GE CAPITAL
GEOSYNTEC CONSULTANTS
HARRIS & ASSOCIATES
LAND AMERICA COMMONWEALTH
LAW OFFICE OF DON DETISCH
LUNA. MARGARITA
MBIA MUNISERVICES COMPANY
NATIONAL CONSTRUCTION RENTALS
NAZARENO, ANGELA
NEW CITY AMERICA, INC.
NEXTEL COMMUNICATIONS
OFFICE PAVILION
OVERLAND PACIFIC & CUTLER, INC
PE, RAY
PERISIC DESIGN STUDIO
PITNEY BOWES
POWER PLUS
RICK ENGINEERING COMPANY
SAN DIEGO CLIPPING SERVICE
SAN DIEGO GAS & ELECTRIC
SCS ENGINEERS
SOUTH COUNTY ECONOMIC
SWEETWATER AUTHORITY
V ELASCO, XA V IER
VERONICA TAM & ASSOCIATES
CDBG
COMMUNITY YOUTH ATHLETICS
NUTRITION
AIRGAS - WEST
AT SYSTEMS WEST, INC.
CALIFORNIA BAKING CO.
CENTRAL MEAT & PROVISION
CORPORATE EXPRESS INC
FINANCIAL INDEMNITY COMPANY
JOSEPH WEBB FOODS
MCGUIRE DISTRIBUTION
MISSION UNIFORM SERVICE
OFFICE SUPPLIES PLUS
PADRE JANITORIAL SUPPLIES, INC
PRO -EDGE KNIFE
SANCHEZ, MANUEL
SIERRA SPRINGS
SLETTENGREN, INGRID
FOR MEETING OF AUGUST 1, 2006
RATIFICATION OF EXPENDITURES
FOR PERIOD: 07/06/06 - 07/18//06
Description
TEMPORARY SAFETY LIGHTING AT 2300 CLEVELAND
HOTEL ACCOMMODATION FOR IDIS TRAINING
MULTISTATE PAYROLL GUIDE 2006
ARMORED CAR SERVICE FOR 07/06
DESIGN MTGS & GRAPHIC DESIGN-FOODLAND
2006 CCAPA STATE CONFERENCE ON 10/22-25/06
CHECK ERRONEOUSLY DEPOSITED TO CDC ACCT
ENVIRONMENTAL CONSULTING-BROWNFIELD GRANT
CDC ADVERTISING FOR SOUTHBAY TIMES
PROF SERVICES FOR WESTSIDE SPECIFIC
COST OF PROVIDING UNITS JAN-MAR 06
PROF SERVICES FOR HIGHLAND AVE PHASE 1
FEDEX SERVICE
AERIAL MAP MOUNTING -AQUATIC CENTER
COPIER CANON IR2200 LEASE FOR 06/06
ENVIRONMENTAL CONSULTING PSI
CIVIL ENGINEERING SERVICES FOR VARIOUS PROJECTS
PRELIMINARY TITLE REPORT FOR PH PROPERTIES
LEGAL SERVICES FOR VARIOUS PROJECTS
TRAVEL REIMBURSEMENT IDIS TRAINING
CONSULTING SERVICES FOR MAY-JUNE 2006
FENCE RENTAL FOR DAYS INN THRU 05/09/06
REIMBURSEMENT OF ICSC TRAINING FEES 07/17-18/06
HABA-ASSESSMENT DISTRICT CONSULTING
CELLULAR PHONE CHARGES FOR 05/27-6/26/06
FILE BARS FOR FILING CABINETS FOR REDEV
RELOCATION ASSISTANCE FOR PACIFIC VIEW
HOTEL ACCOMMODATIONS FOR CAAPA/CA TRAINING
PROF SERVICES FOR FOODLAND
MONTHLY RENTAL FEES FOR 07/06-POSTAGE METER
EQUIPMENT RENTAL FOR AQUATIC CENTER
BAY MARINA DRIVE IMPROVEMENTS THRU 05/26
PUBLIC NOTICE CLIPPING SERVICE FOR 07/06
UTILITIES AT 500 E PLAZA THRU 06/16/06
ENVIRONMENTAL CONSULTING -VARIOUS PROJECTS
SCEDC SUPPORT FOR FEB-MAR FY 05-06
UTILITIES AT 500 E PLAZA THRU 06/28/06
TRAVEL REIMBURSEMENT IDIS TRAINING
PROF SERVICES FOR NC IDIS-HOME
SUBTOTAL - CDC:
CDBG REIMBURSEMENT FOR 06/06 CLAIM
SUBTOTAL - CDBG:
NCNP CONSUMABLES
ARMORED CAR SERVICE FOR 07/06
NCNP FOOD
NCNP FOOD
NCNP OFFICE SUPPLIES
NCNP AUTO INSURANCE
NCNP FOOD/CONSUMABLES
FOOD FOR NCNP
NCNP CONSUMABLES
NCNP OFFICE SUPPLIES
NCNP CONSUMABLES
NCNP SHARPENING SERVICE
NCNP MILEAGE REIMBURSEMENT FOR 06/06
NCNP WATER FOR FEELING FIT CLUB
REIMBURSEMENT OF EXP EMPLOYEE RECOGNITION
Chk No Amount
16227 $182.00
16228 192.77
16230 185.24
16231 287.68
16232 16,640.00
16235 450.00
16236 15,184.00
16239 1,235.00
16240 1,500.00
16241 7,695.40
16242 17.64
16243 5,327.84
16244 47.39
16245 56.03
16247 206.60
16248 6,298.40
16249 5,006.00
16251 1,500.00
16252 2,940.02
16253 248.16
16254 10,996.98
16257 345.00
16258 145.00
16259 4,060.00
16260 74.51
16261 196.37
16263 1,492.50
16265 437.31
16266 10,645.52
16267 175.00
16268 195.00
16270 4,389.56
16271 59.70
16272 53.06
16274 1,518.36
16277 1,543.61
16278 58.05
16281 714.68
16282 45.00
$102,345.38
16237 $I,666.67
$1,666.67
16229 $19.90
16231 416.46
16233 429.25
16234 3,444.67
16238 473.81
16246 63.06
16250 4,857.20
16255 698.75
16256 85.17
16262 29.52
16264 1,405.38
16269 80.00
16273 58.74
16275 35.90
16276 276.92
Payee
SYSCO SAN DIEGO
TR PRODUCE, INC.
HOUSING ASSISTANCE PAYMENTS
CANO, ALICE
EQUIFAX CREDIT INFORMATION SVS
GMAC MORTGAGE
NATIONAL CITY COLLABORATIVE
NATIONAL CREDIT REPORTING
PITNEY BOWES
XEROX CORPORATION
PAYROLL
FOR MEETING OF AUGUST 1, 2006
RATIFICATION OF EXPENDITURES
FOR PERIOD: 07/06/06 - 07/18//06
Description
FOOD FOR NCNP
FOOD FOR NCNP
SUBTOTAL -NUTRITION:
TOTAL -GENERAL FUND:
MANUAL PAYMENTS
MILEAGE REIMBURSEMENT FOR 06/06
S8 APP/PARTICIPANTS CREDIT REPORT
S8 OFFICE RENTAL FOR 07/06
S8/FSS PROG 06/06
S8 APP/PART REGISTRATION BACKGROUND
MONTHLY RENTAL FEES FOR 07/06
S8 XEROX MACHINE LEASE FOR 06/06
TOTAL - SECTION 8 FUND:
PPE 07/03/2006
TOTAL - ADMINISTRATIVE REVOLVING FUND:
TOTAL OF ALL FUNDS:
Chk No
16279
16280
Amount
3,293.83
581.36
$16,249.92
$120,261.97
$12,572.26
10237 10.68
10238 50.77
10239 3,808.43
10240 4,404.76
10241 89.50
10242 175.00
10243 724.22
$21,835.62
2
City of National City, California
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
MEETING DATE August 1, 2006
27
AGENDA ITEM NO
1 ITEM TITLE A Resolution appropriating funds and authorizing a
reimbursement of $109,807.19 to the Port of San Diego.
PREPARED BY
Marilyn Adrianzen
Senior Accountant
DEPARTMENT
Finance
EXPLANATION In June, 1997, the Port of San Diego ("Port") and the Community
Development Commission ("CDC") entered into a Memorandum of Understanding ("MOU")
to accomplish a variety of projects in the National City Harbor District.
Under the MOU, the Port was required to reimburse the CDC for project costs. In May,
2000, a billing statement was sent by CDC to the Port. This billing statement was
overstated by $109,807.19. This Resolution would authorize the reimbursement of the
overstated amount to the Port.
Environmental Review Not applicable.
Financial Statement This reimbursement would expend $109,807.19 from CDC account
900807.
Account No 9
STAFF RECOMMENDATION Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION Not applicable.
ATTACHMENTS
1. Resolution
Resolution No.
RESOLUTION NO. 2006 —
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY
APPROPRIATING FUNDS AND AUTHORIZING A REIMBURSEMENT
OF $109,807.19 TO THE PORT OF SAN DIEGO
WHEREAS, in June, 1997, the Community Development Commission of the City
of National City (CDC) and the Port of San Diego adopted a Memorandum of Understanding
(MOU) to accomplish a variety of projects in the National City Harbor District; and
WHEREAS, under the terms of the MOU, the Port of San Diego was required to
reimburse the CDC for project costs; and
WHEREAS, in May, 2000, the CDC sent a billing statement to the Port of San
Diego that overstated the reimbursement amount by $109,807.19.
NOW, THEREFORE, BE IT RESOLVED, that the Community Development
Commission of National City hereby appropriates funds and authorizes a reimbursement of
$109,807.19 to the Port of San Diego.
PASSED and ADOPTED this 1st day of August, 2006.
Nick Inzunza,Chairman
ATTEST:
Chris Zapata, Secretary
APPROVED AS TO FORM:
George H. Eiser, III
Legal Counsel
ITEM #28
8/1/06
UPDATE ON NATIONAL CITY MARINA - ERIC LESLIE, PIER 32
(COMMUNITY DEVELOPMENT COMMISSION)
ITEM #29
8/ 1 /06
DISCUSSION OF SAN DIEGO CHARGER STADIUM PROPOSAL
(CITY MANAGER)
City of National City, California
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
MEETING DATE Al !mist 1 2nnA
30
AGENDA ITEM NO.
ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF NATIONAL CITY (CDC) AUTHORIZING THE CHAIRMAN TO EXECUTE AN
AGREEMENT FOR LEGAL SERVICES BETWEEN THE CDC AND McKENNA, LONG &
ALDRIDGE IN AN AMOUNT NOT TO EXCEED $15,000 TO RETAIN THE SERVICES OF LES
GIRARD IN CONNECTION WITH A POTENTIAL STADIUM PROJECT
PREPARED BY
Claudia Gacitua Silva
Ext. 4222
EXPLANATION
DEPARTMENT
City Attorney
The Executive Director seeks the Board's approval of this legal services agreement, which
would result in retaining Mr. Girard's legal services. Mr. Girard's prior experience in working with the
Chargers, being part of the team that brought Petco Park to fruition, and successfully defending the
multitude of legal challenges to Petco Park make him uniquely qualified to work with the Executive
Director in assessing the potential for a stadium project in National City. The proposed resolution
would authorize the Chairman to execute the legal services agreement.
Environmental Review N/A
Financial Statement N/A
Account No
STAFF RECOMMENDATION Recommend approval of the Agreement for Legal Services.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS
Agreement for Legal Services
LResolution
A-200 (9/80)
RESOLUTION NO. 2006 -
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY (CDC)
AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT FOR
LEGAL SERVICES BETWEEN THE CDC AND McKENNA, LONG & ALDRIDGE
IN AN AMOUNT NOT TO EXCEED$15,000 TO RETAIN THE SERVICES
OF LES GIRARD IN CONNECTION WITH A POTENTIAL STADIUM PROJECT
WHEREAS, the Community Development Commission of the City of National
City (CDC) desires to employ an attorney to provide legal services in connection with a potential
stadium project; and
WHEREAS, the CDC has determined that Les Girard from the law firm of
McKenna, Long & Aldridge is qualified by experience and ability to perform such services
desired by the CDC, and Les Girard is willing to perform such services for the not to exceed
amount of $15,000.
NOW, THEREFORE, BE IT RESOLVED that the Community Development
Commission of the City of National City hereby authorizes the Chairman to execute an
agreement in the not to exceed amount of $15,000 with Les Girard from the law firm of
McKenna, Long & Aldridge to provide legal services in connection with a potential stadium
project. Said agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 1st day of August, 2006.
Nick Inzunza,Chairman
ATTEST:
Chris Zapata, Secretary
APPROVED AS TO FORM:
George H. Eiser, III
Legal Counsel
AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT FOR LEGAL SERVICES (the "Agreement") is made between
THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
(the "City") and McKENNA, LONG & ALDRIDGE, (the "Firm"). This Agreement sets forth
the parties' mutual understanding concerning legal services to be provided by the Firm and the
fee arrangement for said services.
Article 1. Retainer. The City hereby retains the Firm to assist in representing the
City in connection with a potential stadium project, subject to this Agreement.
Article 2. Scope of Services. The City shall have the right in its sole discretion to
determine the particular services to be performed by the Firm under this Agreement. These
services may include the following: representing the City in its negotiations regarding a potential
stadium project, resolving legal issues that may arise in connection with a potential stadium
project, and advising the City on legal issues that may present themselves as part of a potential
stadium project. It is expected that the Firm will work with the City's Legal Counsel and City
staff.
Article 3. Billing. The Firm shall not use more than one attorney for the same
specific task without the City's approval. It is currently expected that only Leslie J. Girard, Esq.
shall provide services pursuant to the Agreement. The hourly rate for Mr. Girard shall be
discounted from $365 per hour to $345 per hour for his services. The hourly rates for partners,
associates, and paralegals shall be subject to the approval by the City. The Firm may use the
minimum number of attorneys for this engagement consistent with good professional practice
after consulting with and obtaining approval by the City.
A. The Firm agrees to document a plan and budget consistent with the scope of
services described above in Article 2 to be agreed to by the City's Legal Counsel and the Firm.
The City shall not be obligated to pay the Firm amounts not discussed, budgeted, and agreed to
before being incurred by the Firm.
B. The City has appropriated or otherwise duly authorized the payment of an amount
not to exceed $ 15,000.00 for legal services and out-of-pocket disbursements pursuant to this
Agreement. In no event shall the total fees plus out-of-pocket disbursements exceed this amount
without written authorization of the City.
C. The Firm shall keep the City advised monthly as to the level of attorney hours and
client services performed under Article 1. The Firm will not charge the City for travel time,
except for required travel time outside the County of San Diego. The Firm may charge for work
performed for the City during any travel time.
D. The City further agrees to reimburse the Firm, in accordance with the procedures
set forth in this Article, for telephone, fax, mail, messengers, federal express deliveries,
document reproduction, client -requested clerical overtime, lodging, and similar out-of-pocket
expenses charged by the Firm as a standard practice to its clients generally, with the exception of
travel and meals. In any billing for disbursements, the Fiini shall provide the City with a
Page 1 of 7
statement breaking down the amounts by category of expense. The following items shall not be
reimbursed, unless the City has specifically agreed otherwise:
(1) Word Processing, clerical or secretarial charges, whether expressed
as a dollar disbursement or time charge.
(2) Storage of open or closed files, rent, electricity, local telephone,
postage, receipts or transmission of telecopier documents, or any other items traditionally
associated with overhead.
(3)
Photocopy charges in excess of $.10 (ten cents) per page.
(4) Auto mileage rates in excess of the rate approved by the Internal
Revenue Service for income tax purposes.
(5) Secretarial overtime. Where case requirements demand overtime,
the City will consider reimbursement on a case -by -case basis. The City will not
reimburse overtime incurred for the convenience of the Firm's failure to meet deadlines
known in advance.
(6) Equipment, books, periodicals, research materials, Westlaw/Lexis
or like items.
(7) Express charges, overnight mail charges, messenger services or the
like, without the City's prior consent. The City expects these expenses to be incurred in
emergency situations only. Where case necessity requires the use of these services, the
City will consider reimbursement on a case -by -case basis.
(8) Travel and meals, except that required travel outside the County of
San Diego, including lodging and meals, shall be reimbursed consistent with per diem
rates pre -approved by the City.
(9) Late payment charge and/or interest. Due to the nature of the
City's payment process, the City will not pay any late charges or interest charges to bills.
Every effort will be made to pay bills promptly.
F. Bills from the Firm should be submitted to George Eiser, Legal Counsel,
Community Development Commission of the City Of National City, 1243 National City
Boulevard, National City, CA 91950-4301. The individual time and disbursement records
customarily maintained by the Firm for billing evaluation and review purposes shall be made
available to the City in support of bills rendered by the Firm.
G. The Firm agrees to forward to the City a statement of account for each one -month
period of services under this Agreement, and the City agrees to compensate the Firm on this
basis. The Firm will consult monthly with the City as to the number of attorney hours and client
disbursements which have been incurred to date under this Agreement, and as to future expected
levels of hours and disbursements.
Page 2 of 7
H. Billing Format. Each billing entry must be complete, discrete and appropriate.
(1) Complete
(a) Each entry must name the person or persons involved. For
instance, telephone calls must include the names of all participants.
(b) The date the work was performed must be included.
(c) The hours should be billed in .10 hour increments.
(d) The specific task performed should be described, and the
related work product should be reference ("telephone call re: trial brief,"
"interview in preparation for deposition").
(e) The biller's professional capacity (partner, associate,
paralegal, etc.) should be included
(2) Discrete: Each task must be set out as a discrete billing entry;
neither narrative nor block billing is acceptable.
(3) Appropriate
(a) The City does not pay for clerical support, administrative
costs, overhead costs, outside expenses or excessive expenses. For
example, the City will not pay for secretarial time, word processing time,
air conditioning, rental of equipment, including computers, meals served
at meetings, postage, online research, or the overhead costs of sending or
receiving faxes. Neither will the City pay for outside expenses such as
messenger delivery fees, outside photocopying, videotaping of
depositions, investigative services, outside computer litigation support
services, or overnight mail.
(b) Due to the nature of the City's payment process, the City
will not pay any late charges. Every effort will be made to pay bills
promptly.
I. Staffmg. Every legal matter should have a primarily responsible attorney
and a paralegal assigned. Ultimately, staffing is a City decision, and the City's representative
may review staffing to insure that it is optimal to achieve the goals of the engagement at the least
cost.
(1) Paralegals are to be used to the maximum extent possible to
enhance efficiency and cost-effectiveness. All tasks typically considered associate work
should be considered for assignment to a paralegal. Written authorization from the City
must be had before associate hours billed exceed paralegal hours billed.
(2) Once an attorney is given primary responsibility for an
engagement, that person should continue on the legal matter until the matter is concluded
or the attorney leaves the firm. The City will not pay the costs of bringing a new attorney
up to speed.
Page 3 of 7
1
(3) If more than one attorney is going to perform the same task, prior
approval from the City must be had. This includes document review.
Article 4. Independent Contractor. The Firm shall perform services as an
independent contractor. It is understood that this contract is for unique professional services.
Accordingly, the duties specified in this Agreement may not be assigned or delegated by the
Firm without prior written consent of the City. Retention of the Firm is based on the particular
professional expertise of the individuals rendering the services required in the Scope of Services.
Article 5. Confidentiality of Work. All work performed by the Firm including but
not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or
composed by the Firm pursuant to this Agreement is for the sole use of the City. All such work
product shall be confidential and not released to any third party without the prior written consent
of the City.
Article 6. Compliance with Controlling Law. The Firm shall comply with all
applicable laws, ordinances, regulations, and policies of the federal, state, and local governments
as they pertain to this Agreement. In addition, the Firm shall comply immediately with any and
all directives issued by the City or its authorized representatives under authority of any laws
statutes, ordinances, rules, or regulations. The laws of the State of California shall govern and
control the terms and conditions of this Agreement.
Article 7. Acceptability of Work. The City shall decide any and all questions
which may arise as to the quality or acceptability of the services performed and the manner of
performance, the acceptable completion of this Agreement and the amount of compensation due.
In the event the Firm and the City cannot agree to the quality or acceptability of the work, the
manner of performance and/or the compensation payable to the Firm in this Agreement, the City
or the Firm shall give to the other written notice. Within ten (10) business days, the Firm and the
City shall each prepare a report which supports their position and file the same with the other
party. The City shall, with reasonable diligence, determine the quality or acceptability of the
work, the manner of performance and/or the compensation payable to the Firm.
Article 8. Indemnification. The Firm agrees to indemnify and hold the City and its
agents, officers, and employees harmless from and against all claims asserted or liability
established for damages or injuries to any person or property, including injury to the Firm's
employees, agents, or officers, which arise from or are connected with or caused or claimed to be
caused by the willful misconduct or grossly negligent acts or omissions of the Firm and its
agents, officers, or employees in performing the work or other obligations under this Agreement,
and all expenses of investigating and defending against same; provided, however, that this
indemnification and hold harmless shall not include any claims or liability arising from the
established sole negligence or willful misconduct of the City, its agents, officers, or employees.
Article 9. Insurance. The Firm shall not commence work under this Agreement
until it has obtained all insurance required in this Article with a company or companies
acceptable to the City. At its sole cost and expense, the Firm shall take and maintain in full force
and effect at all times during the term of this Agreement the following policies of insurance:
A. Commericial general liability insurance with a combined single limit of
not less than one million dollars ($1,000,000).
Page 4 of 7
B. For all of the Firm's employees which are subject to this Agreement, to the
extent required by the State of California, Workers' Compensation Insurance in the
amount required by law.
C. Errors and omissions insurance in an amount not less than two million
dollars ($2,000,000) per claim.
D. All insurance required by express provision of this Agreement shall be
carried only in responsible insurance companies licensed to do business in the State of
California. The policies carried pursuant to paragraph 9.A above shall name as additional
insureds the City and its elected officials, officers, employees, agents, and
representatives. All policies shall contain language, to the extent obtainable, to the effect
that: (1) the insurer waives the right of subrogation against the City and its elected
officials, officers, employees, agents, and representatives; (2) the policies are primary and
not contributing with any insurance that may be carried by the City; (3) the policies
cannot be cancelled or materially changed except after thirty (30) days' notice by the
insurer to the City by certified mail. Before this Agreement shall take effect, the Firm
shall furnish the City with copies of all such policies upon receipt of them, or a certificate
evidencing such insurance. The Firm may effect for its own account insurance not
required under this Agreement.
Article 10. Drue Free Work Place. The Firm agrees to comply with the City's Drug -
Free Workplace requirements. Every person awarded a contract by the City for the provision of
services shall certify to the City that it will provide a drug -free workplace. Any subcontract
entered into by the Firm pursuant to this Agreement shall contain this provision.
Article 11. Non -Discrimination Provisions. The Firm shall not discriminate against
any subcontractor, vendor, 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 Firm 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 Firm agrees to post in conspicuous places available to
employees and applicants for employment any notices provided by the City setting forth the
provisions of this non-discrimination clause.
Article 12. Effective Date and Term. This Agreement shall be effective upon
execution by the Firm and City and continue until written notice of cancellation. This
Agreement may be terminated at any time by either party with sixty (60) days' written notice to
the other, or as may otherwise be required or permitted by the California Rules of Professional
Conduct. Notice of termination by the Firm shall be given to the City Attorney.
Article 13. Notification of Change in Form. The Firm has the right to effect
changes in form including but not limited to: the change in form from a partnership to a
professional law corporation; the change in form of any partner or partners from an individual or
individuals to a professional law corporation; the change in form of any corporate partner or
Page 5 of 7
partners to any individual partners. The City shall be promptly notified in writing of any change
in form.
Article 14. Notices. In all cases where written notice is to be given under this
Agreement, service shall be deemed sufficient if said notice is deposited in the United States
mail, postage paid. When so given, such notice shall be effective from the date of mailing of the
notice. Unless otherwise provided by notice in writing from the respective parties, notice to the
Agency shall be addressed to:
George Eiser, Legal Counsel
CDC of the City of National City
1243 National City Boulevard
National City, CA 91950
Notice to the Firm shall be addressed to:
Leslie J. Girard, Esq.
McKenna, Long & Aldridge
750 B Street, Suite 3300
San Diego, CA 92101
cc:
Chris Zapata, Executive Director
CDC of the City Of National City
1243 National City Boulevard
National City, CA 91950
Nothing contained in this agreement shall preclude or render inoperative service or such notice in
the manner provided by law.
Article 15. Headings. All article headings are for convenience only and shall not
affect the construction or interpretation of this Agreement.
Article 16. Miscellaneous Provisions.
A. Time of Essence: Time is of the essence for each provision of this
Agreement.
B. California Law: This Agreement shall be construed and interpreted in
accordance with the laws of the State of California. The Firm covenants and agrees to
submit to the personal jurisdiction of any state court in the State of California for any
dispute, claim, or matter arising out of or related to this Agreement.
C. Integrated Agreement: This Agreement including attachments and/or
exhibits contains all of the agreements of the parties and all prior negotiations and
agreements are merged in this Agreement. This Agreement cannot be amended or
modified except by written agreement, and mutually agreed upon by the City and the
Firm.
D. Severability: The unenforceability, invalidity, or illegality of any
provision of this Agreement shall not render the other provisions unenforceable, invalid,
or illegal.
E. Waiver: The failure of the City to enforce a particular condition or
provision of this Agreement shall not constitute a waiver of that condition or provision or
its enforceability.
Page 6 of 7
F. Conflict of Interest: During the term of this Agreement, the Firm shall not
• perform services of any kind for any person or entity whose interests conflict in any way
with those of the City, unless the City expressly agrees to a waiver of actual or potential
conflicts. The City agrees to reasonably consider any request to provide such a waiver,
and will consider such requests within fourteen (14) days or the by the next available City
Council meeting. The City has expressly waived one potential conflict regarding the
Firm's representation of the City of Chula Vista regarding construction contract matters.
This express waiver does not waive any future or currently unknown conflicts.
G. 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.
H. 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, and (iii) 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 have executed this Amended Agreement on the
day of , 2006.
CDC of the CITY Of NATIONAL CITY McKENNA, LONG & ALDRIDGE, LLP
By: By:
Nick Inzunza, Chairman Steven J. Labovitz, Esq.
Partner, McKenna, Long & Aldridge
APPROVED AS TO FORM:
George H. Eiser, III
Legal Counsel
Page 7 of 7
City of National City, California
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
MEETING DATE August 1, 2006
AGENDA ITEM NO 31
ITEM TITLE
RESOLUTION NO. 2006-XXX: APPROVE THE REPLACEMENT OF FURNITURE FOR
THE MORGAN AND KIMBALL TOWERS TO BE PAID WITH
REPLACEMENT RESERVE FUNDS
PREPARED BY
Marilyn Adrianzen
Senior Accountant
EXPLANATION
Please see attachment.
DEPARTMENT
Finance -Community Development Commission
Environmental Review
CEQA is not applicable.
Financial Statement
Account No
1
STAFF RECOMMENDATION Staff recommends that the Community Development
Commission Board:
1. ADOPT Resolution No. 2006-XXX approving the replacement of furniture for Morgan
and Kimball Towers to be paid with replacement reserve funds.
BOARD / COMMISSION RECOMMENDATION .
ATTACHMENTS
1. Resolution
Resolution No.
l
L
A-200 (9/80)
Community Development Commission
of the City of National City
August 1, 2006
AGENDA ITEM NO. xx
TO: CHAIRMAN AND BOARD MEMBERS
FROM: CHRIS ZAPATA, EXECUTIVE DIRECTOR
VIA: MARILYN ADRIANZEN, SENIOR ACCOUNTANT
SUBJECT: RESOLUTION NO. 2006-XXX: APPROVE THE REPLACEMENT
OF FURNITURE FOR THE MORGAN AND KIMBALL TOWERS
TO BE PAID WITH REPLACEMENT RESERVE FUNDS
Recommendation:
Staff recommends that the Community Development Commission Board:
1. ADOPT Resolution No. 2006-XXX approving the replacement of furniture for
Morgan and Kimball Towers to be paid with replacement reserve funds.
Fiscal Impact:
The furniture replacement for the Morgan and Kimball Towers was not a budgeted
expenditure for fiscal year 2006-07. However, there are sufficient funds available in the
replacement reserves for the respective towers to cover the expenditures. As of June
2006, Morgan Tower's replacement reserve total is $548,605 And Kimball Tower's
replacement reserve total is $890,841.
Environmental:
CEQA is not applicable.
Background:
Morgan Tower is a 150-unit senior citizen apartment complex located at 1415 D
Avenue, National City, California and Kimball Tower is a 151-unit complex located at
1317 D Avenue, National City, California. Both towers are owned by the Community
Development Commission of the City of National City. Common area furniture is
approximately twelve years old and is in need of replacement. The following bids for
furniture have been acquired:
Morgan Tower Kimball Tower
BKM Officeworks $49,319 Parron Hall $60,462
Contract Interiors $52,468 BKM Officeworks $67,468
Parron Hall $54,436 Contract Interiors $68,665
All three companies are well qualified to do this work. For Morgan Tower, BKM
Officeworks has been recommended to do the work. For Kimball Tower, Parron Hall
has been recommended to do the work.
With this, staff is requesting the Community Development Commission board approve
the replacement of furniture for the Morgan and Kimball Towers to be paid with
replacement reserve funds.
ATTACHMENTS:
RESOLUTION NO. 2006 -
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY
APPROVING THE REPLACEMENT OF FURNITURE FOR
THE MORGAN AND KIMBALL TOWERS TO BE
PAID FOR WITH REPLACEMENT RESERVE FUNDS
WHEREAS, Morgan Tower, owned by the Community Development Commission
of the City of National City (CDC), is a 150-unit senior citizen apartment complex located at
1415 D Avenue; and
WHEREAS, Kimball Tower, also owned by the CDC, is a 151-unit senior citizen
apartment complex located at 1317 D Avenue; and
WHEREAS, common area furniture is approximately twelve years old and in
need for replacement; and
WHEREAS, bids were received from three office furniture companies; and
WHEREAS, staff recommends that furniture for Morgan Tower be purchased
from BKM Officeworks, and the furniture for Kimball Tower be purchased from Parron Hall, the
lowest responsive bidders; and
WHEREAS, although the furniture replacement for Morgan and Kimball Towers
was not budgeted for fiscal year 2006/2007, there are sufficient funds available in the
replacement reserves to cover the expenditures.
NOW, THEREFORE, BE IT RESOLVED that the Community Development
Commission of the City of National City hereby approves the replacement of furniture in the
common areas of Morgan and Kimball Towers to be paid for with replacement reserve funds, to
be purchased from BKM Officeworks for Morgan Tower, and from Parron Hall for Kimball
Tower.
PASSED and ADOPTED this 1st day of August, 2006.
Nick lnzunza,Chairman
ATTEST:
Chris Zapata, Secretary
APPROVED AS TO FORM:
George H. Eiser, III
Legal Counsel