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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 -IIGHLANL E \``, fin` A V vE L 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 w A 4 .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 7.72 352.1 350 60 88.0 7.33 322.7 8.33 410.7 410 SITE 8th z W LOCATION MAP n - d�Y ,Ci!p P - I wQy�k .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 Li set gis-ck- 3 c s a ci eG taw, P l-x‘a L' siDE ��LK f3 133' 53' 14.st2ei- b' SiDEWdLK g' Pn2kw/5 y' 561-1-34c11 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' sear 6. NON91E5 BAST MO LAST LOT NUMBERS: 0 0 LINE TABLE LNE LEWOIN BEANNO L1 2E00 550,3,409E la 100 S0937hsw [R) 12 3.39 N75arlb'W (9) L4 3597 rams', (3 40.02 53220,23E 16 3996 55317369E L7 53.75 350.351TE L6 34.12 53342,50E L9 2200 1110121019 L10 40.03 51522,56,E L11 40.29 N105211'W LIE 4240 S254732'E 03 40.40 5254752,E L14 4600 70745' 1F Lis 2000 517459E 1.06 1623 N37211412 L17 6.25 572132TW LIB 3200 5721727W' Lq 2.00 Nm6'319( 120 31.91 57214'46 (44) 121 3.00 NIT46'i9'W L22 11.05 5.7214.017 L23 3.m 57214.46'14 L26 1532 114940'36'W ' CASE 110 2004-12 NO 1.052-6]Ot I LC 192-1.743 L=30.65' R..39.31 —�law'SO' I SEE DETAIL '6' SEE DETAIL COMMON LANDSCAPE AREA NA5 9 Burkett & Wong Engineers A3 34 AIN AYE - SAN MIECO, CALIFORNIA 021 3 TELL (619) 299-5550 - FAX: (619) 797-3189 N 174529' W 1_. • I MSC I �S+M1• \ ?i \ LINE L27 CANYON RIDGE EXISTING EASEMENTS 709.53' / .+ecG HACIWI. AMINE rInn07E no LINE TABLE LENGTH 3940' zz BEARING N3152'S0'W 2a OPEN SPACE LOT .o^ �. - PLO]TABLS EAS61�O8 '-./QI AN ESMT. FOR RIGHT OF WAY FOR INGRESS AND EGRESS REVD DEC IS 1977 AS INST. N0. 517717, GR. p// ' & AN MIT. FOR FUGUE UOUDES RECU AILS. 13, 1925 IN DK ION OF DEEDS, PG 352 IN FAVOR OF SAN DIEGO CAS A2O ELECTRIC COMPANY \ // & AN ESIAT. FCR PUBLIC UMIBES REC'D 0C1090t 7. 1973 AS WSi. N0. 275506, 0.R., IN FAVOR OF SAN OEOO CAS AND ELECTRIC COMPANY. .s \\ / • AN OUT.OUT.SHOWN ON YAP 1756 FOR WATER PIPE LINE AND INCIDENTAL PURPOSES. \ // & AN MIT. FOR PUBIC SEWER OR SEDERS AND INCIDENTAL PURPOSES, REC7( AUGUST 30, 1972 A5 INST. N0. 231936. 0.R., IN FAVOR OF IRE CITY OF SAN DIEGO. 17 '' & AN ESMT. FOR PUBLIC SEDER OR SEDERS AND INCIDENTAL PURPOSE$, RECD FEBRUARY 2 1970 A5 HST. N0. 15966, O.R., IN FAVOR OF 1NE GTY OF SAN 01E00. & AN CWT. FOR ROAD AN0 WWI -OF -WAX PURPOSES 1:N3t A PORTION OF PARCEL 1 OF PARCEL YAP N0. 6676, BY 000AFENT RECO YARGN 29. 1979 AS INST. NO. 1279E4 O.R. FOR DIE USE OF SMBOINOED PROPERTY. & AN MT. FOR PUBLIC OSIER OR SEDERS AND INCIDENTAL PURPOSES RECU APRIL 22, 1970 A5 INST. N0. 69690, 0.R, IN FAVOR OF 1NE CITY OF SAN DEC0. 30.6670'E N7219'09'E 91.19' 10 20 0 AD MAP NO. SEE DETAIL 'A' AT RIGHT 80 120 SCALE 06 PER I Inch ♦O tt // SWUM 4 OF 5 SEER =S INDICATES FINAL MAP BOUNDARY.. — — INDICATES EMSE ESMT. .... _ _ INDICATES CFHIERLNIE OF...... EIOS7 ESYT. SEE IECEMI ON SHEET 2 FOR M0A9RRT INFORMATION ♦ 9 • ® 0 A75• YOS E ISO* NS6 N 17.45'29' W DETAIL 'A' SCALE: 1'.20' N1T65'29'91 r DETAIL '8' NOT TO SCALE L.3065' R-]IJ1' 6-wv0.50' a 14I7 =72.7 ' NF5V'29YI 80.3- 6. IS DETAIL 'C' NOT TO SCALE 1 CRC RO 2906-12 I CIS a 1.822-6,306 I LC. 162-I,743 MAP NO. 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 A T 0 N A L C T Y B L V D Civic Center Parking {1 A 66 T R E E T M.L.K. Community Center Rest Rooms Library Allen Field Little League Field Stage Exhibit Booths PARKING 5 6 D s T R E E T 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 /0-7 I h 1 - a 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 1333o Buttemere Rd • Phelan CA 92371 • (76o) 868-9963 • (fax) (76o) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING Background The Downtown National City PBID is a property -based benefit assessment type district being established pursuant to Section 36600 et seq. of the California Streets and Highways Code, also known as the Property and Business Improvement District Law of 1994 (the "Act"). Due to the benefit assessment nature of assessments levied within a PBID, district program costs are to be distributed amongst all identified benefiting properties based on the proportional amount of program benefit each property is expected to derive from the assessments collected. Within the Act, frequent references are made to the concept of relative "benefit" received from PBID programs and activities versus amount of assessment paid. Only those properties expected to derive special benefits from PBID funded programs and activities may be assessed and only in an amount proportional to the relative benefits expected to be received. The method used to determine benefits derived by each identified property within a PBID begins with the selection of a suitable and tangible basic benefit unit. For property related services, such as those proposed in the Downtown National City PBID, the benefit unit may be measured in linear feet of street frontage or parcel size in square feet or building size in square feet or number of building floors or proximity to major corridors in average linear feet, or any combination of these factors. Quantity takeoffs for each parcel are then measured or otherwise ascertained. From these figures, the amount of benefit units to be assigned to each property can be calculated. Special circumstances such as unique geography, land uses, development constraints etc. are carefully reviewed 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 13330 Buttemere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (76o) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING From this, the value of a basic benefit unit or "basic net unit cost" can be computed by dividing the total amount of estimated net program costs by the total number of benefit units. The amount of assessment for each parcel can be computed at this time by multiplying the Net Unit Cost times the number of Basic Benefit Units per parcel. This is known as "spreading the assessment" or the "assessment spread" in that all costs are allocated proportionally or "spread" amongst all properties within the PBID. The method and basis of spreading program costs varies from one PBID to another based on local geographic conditions, types of programs and activities proposed, and size and development complexity of the district. PBIDs may require secondary benefit zones to be identified to allow for a tiered assessment formula for variable or "stepped -down" benefits derived. Supplemental Proposition 218 Procedures and Requirements Proposition 218, approved by the voters of California in November of 1996, adds a supplemental array of procedures and requirements to be carried out prior to levying a property -based assessment like the Downtown National City PBID. These requirements are in addition to requirements imposed by State and local assessment enabling laws. These requirements were "chaptered" into Law as Article 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 1333o Buttemere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (760) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING Finding 3. From Section 4(a): "(Determine) the proportionate special benefit derived by each parcel in relationship to the entirety of the. cost of public improvement(s) or the maintenance and operation expenses, or the cost of the property related service being provided. The proportionate special benefit cost for each parcel is listed in an attachment to the Management District Plan. The individual percentages (i.e. proportionate relationship to the total 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 1333o Buttemere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (760) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVTTALIZATION • FUNDING Finding 7. From Section 4(c): "The amount of the proposed assessment for each parcel shall be calculated (along with) the total amount thereof chargeable to the entire district, the duration of such payments, the reason for such assessment and the basis upon which the amount of the proposed assessment was calculated," The individual and total parcel assessments attributable to special property benefits are shown on an attachment to the Management District Plan. The district and resultant assessment payments will continue for five years and may be renewed again at that time. The reasons (purposes) for the proposed assessments are outlined in the Management District Plan. The calculation basis of the proposed assessment for the PBID is attributed in part to the specific amount of 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 13330 Buttemere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (76o) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING combination of parcel area, building area and street frontage, there are, in turn, corresponding amounts of Basic Benefit Units in the PBID as shown in Step 7 herein. The target weighted revenues from each formula component were 50% for land area, 30% for building area and 20% for street frontage. The final adjusted weights are 49% for land, 33% for building area, 17% for street frontage and 1% for SFR and condo flat rates. Further, the targeted weighted revenues for each Benefit Zone were 60% for Zone 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 1333o Buttemere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (760) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING,.. Note A: Benefit "B" Unit Costs vary based on land use as shown in Table 3 later in this report. Note B: Assessments for single family residential and residential condos are based on a flat fee per unit as shown in Table 3. Sten 5. Estimate Total Program and Activity Costs Total estimated proposed program and activity costs are shown below in Table 1. These costs include expenses for general as well as special benefits and related programs/activities. TABLE 1 Estimated Total Year 1 Program & Activity Costs (Special+General Benefits) Program/Activity 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 13330 Buttemere Rd. • Phelan CA 92371 • (76o) 868-9963 • (fax) (760) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING TABLE 2 Total Adjusted Year 1 Revenue (For Special + General Benefit 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 13330 Buttemere Rd • Phelan CA 92371 • (76o) 868-9963 • (fax) (76o) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING Step 8. Spread the Assessments The resultant assessment spread calculations for each parcel within the PBID are shown in an attachment to the District Management Plan and were determined by applying the District assessment formula to each identified benefiting property. This list of all identified benefiting parcels in the PBID delineates each parcel and benefit units for property street frontage and parcel area. 10 13330 Buttemere Rd •Phelan CA 92371 • (760) 868-9963 • (fax) (76o) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING EDWARD HENNING & ASSOCIATES Edward Henning and Associates is a multi -disciplined consulting firm offering a diverse range of community development and funding services focusing on downtown business districts and the unique problems and opportunities associated with center city areas. Types of services provided • Business Improvement District (BID & PBID) Formations, Modifications, Expansions, Updates - Prop 218 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 13330 Buttemere Rd • Phelan CA 92371 • (760) 868-9963 • ((ax) (760) 868-6490 • mred2@earthlink.net 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 $8 * Last rate increase was February 2002, and the cost of operations has increased significantly over the last couple of years, and will continue to increase in order to provide continued quality of service. 2005 MARKETIN4 I: PUBLIC COURSE CMA king Menge,' SpeClzlalpil OMance from Yout TVpa of Co1ew S6due tE Ub; IP)'1 If (U4f411P)' beleDf OpeningL a'J: 19 note wroalldny Nan-peo donl. r •,iy hole veelfdeY "J3ealdent 1.1 7- ;r• 1 bf,�IB:yn�end 'ryNS�10e�11e11{ 4.' 8 Hole Wselcand ? fiaelileiil,`-%.��,`,': �luoi«>(eller Z of 3' 9':pnoel'cdiiroee) 16 bola weekdrd " 5 .. Eelimeied Annual pounds S'5 Yard89 (Back Tees)..w`. �r ; ,tl'', Tea Coridhlon Haling ktx1 ??gty; IOr6a0-6ohdllfan Ha6n0 ta' na yyy. Fa1rM�ji'ConNdon.Re6n91si is'<�,:":' OvirsX Geu(ee'Retingai$c ;, ttx:+':',t, Numpeh0f Stelione''.�f+?-r of n y (0)4raex (M) Mele; ogle) 0ZilV :a M hI LIghling A.; ,,Y`Y r!x q?^;F. Guehly.f.Yling7 .,L . ' 1'7 ra Pro Sliop 4$neck�Barlgeeleursril Riltng Beh4Ue44I q Faellllfee'HelI g' • C'�Prpll Clpbhoufa Relin9; "x S'!'' C01nae Qilglomer Beivice Rating;.':,,:. �peclel jale4 vla Nexspep001 0mall, L9.Y#tg110' 4tm; inO.Lr+`�i�irtjl SpaciefljlMltroa O. ..1igt6nl,ue".! h�laeI0 l8a Ihatppi each proporI jpe dMgl r gate ( igoorsas 70140**1.0 e g66,06 065I6afiehgineid`rf ant property Isadae.4J%y':. " ,r 0.f` S.iF. kLff.rtInITl` IIN�L' 38. 0i Xi 0' 0 flh0' Al 0,0 �l. 10. I�O �.00 5iniloe Mld/MM r• W ilham F. 0ell' E- Exlsling 22.00 38.0,J 56.60 N9V CIub:1: Select one Select ohs'., w Club -Salad one: ;Selectone „5elecl one . 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Select one Seleot one Select one, 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 sN6E0'ID! . ' LL L9E sJ-L9{ •uWo•1n L111{Q PM unmet maw pool wow; loweltl • w►t •twow.1•04o &rltfx3juwO3 M atmO • iaow Amp* WN ••wtlx3 /not *man . nail eweutmetu put &nifty • CZe9 •tAmp i•iB • Q129 ••uOf1c3 •w•oui (qol •nU*M •OOZY •uwa14 400Z aunt q nonp Annual' ss01'S Word • laOuvueiutely uopeiDosey alto io env s{•e8 tens ,t 901014,0 [JOB NO. 7559] LJ 003 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