HomeMy WebLinkAbout2007 07-10 CC CDC ADJ 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 — July 10, 2007 — 6:00 P.M.
Open To The Public
Please complete a request to speak form prior to the commencement of the meeting and submit it to
the City Clerk.
It is the intention of your City Council and Community Development Commission (CDC) to be receptive
to your concerns in this community. Your participation in local government will assure a responsible and
efficient City of National City. We invite you to bring to the attention of the City Manager/Executive
Director any matter that you desire the City Council or Community Development Commission Board to
consider. We thank you for your presence and wish you to know that we appreciate your involvement.
ROLL CALL
Pledge of Allegiance to the Flag by Mayor Ron Morrison
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 arc 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 (619) 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 interpretacibn en espaiio! se proporciona durante sesiones del Consejo Municipal. Los audi8fonos
estan disponibles en el pasillo al principio de la junta.
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/COMMMUNITY
DEVELOPMENT COMMISSION AGENDA
7/10/07 - Page 2
CITY COUNCIL
PRESENTATIONS
1. Expansion Proposal — Sam Brown, President/CEO and Richard
Ledford/Consultant — Knight & Carver Yacht Center
2. Introduction of Cristina Rodriguez, Miss National City - 2007
CONSENT CALENDAR
Consent Calendar: Consent calendar items involve matters, which are of a
routine or noncontroversial nature. All consent calendar items are adopted by
approval of a single motion by the City Council. Prior to such approval, any item
may be removed from the consent portion of the agenda and separately
considered, upon request of a Councilmember, a staff member, or a member of
the public.
3. Approval of a motion to waive reading of the text of the Ordinances
considered at this meeting and provides that such Ordinances shall be
introduced and/or adopted after a reading of the title only. (City Clerk)
4. Resolution of the City Council of the City of National City authorizing the
Mayor execute an agreement with Infrastructure Engineering Corporation in
the amount of $105,844 to provide the City with engineering planning
services for preparation of the Sanitary Sewer Management Plan as
required by the statewide general waste discharge requirements for
Sanitary Sewer Systems, Order No. 2006-003. (Sewer service fee funded).
(Public Works)
PUBLIC HEARINGS
5. Continued Public Hearing — Planned Development Permit to construct a
single-family residence on a 12,200 square lot containing an existing
residence at 2901 Leonard Street. Applicant: Roy Di Stefano. (Case File
No. PD-2006-4, APN 564-071-09) (Planning)
CITY COUNCIL/COMMMUNITY
DEVELOPMENT COMMISSION AGENDA
7/10/07 - Page 3
PUBLIC HEARINGS (Cont.)
6. Public Hearing — A reopened Public Hearing for an appeal of the decision of
the Planning Commission to deny a Conditional Use Permit to operate a
banquet facility at an existing adult day care facility located at 540 National
City Boulevard. Applicant: Sabah Abro. (Case File No. 2007-02 CUP, APN
554-042-10 and -17) (Planning)
NON CONSENT RESOLUTIONS
7. Resolution of the City Council of the City of National City approving the
Assessment Engineer's Report as outlined in the Downtown National City
Property Business Improvement District Management District Plan for
proceedings for the annual levy of assessments within the Downtown
Property Business Improvement District (Morgan Square). (Economic
Development Division)
8. Resolution of the City Council of the City of National City declaring City
Council's intention to provide for an annual levy and collection of
assessments in the Downtown National City Property Improvement District,
and setting time and place for a Public Hearing thereon (Morgan Square).
(Economic Development Division)
9. Resolution of the City Council of the City of National City adopting the
Community Development Commission's written responses to written
objections on the proposed amendment to the Redevelopment Plan for the
National City Redevelopment Project. (Community Development
Commission)
10. Resolution of the City Council of the City of National City approving the
Negative Declaration for the proposed 2007 Amendment to the
Redevelopment Plan for the National City Redevelopment Project.
(Community Development Commission) **Continued from Council meeting
of July 3, 2007**
NEW BUSINESS
11. Report on wireless communications facilities. (Planning)
CITY COUNCIL/COMMMUNITY
DEVELOPMENT COMMISSION AGENDA
7/10/07 - Page 4
NEW BUSINESS (Cont.)
12. Temporary Use Permit — Circus Vargas sponsored by Tabares
Entertainment from July 26-30, 2007 at the Plaza Bonita mall. (Building &
Safety)
13. Temporary Use Permit — National Night Out on August 7, 2007 from 5 p.m.
and 8 p.m. at Kimball Park and surrounding streets. (Building & Safety)
COMMUNITY DEVELOPMENT COMMISSION
NON CONSENT RESOLUTIONS
14. Resolution of the Community Development Commission of the City of
National City approving the proposed 2007 Amendment to the
Redevelopment Plan for the National City Redevelopment Project.
(Community Development Commission)
15. Resolution of the Community Development Commission of the City of
National City approving the Negative Declaration for the proposed 2007
Amendment to the Redevelopment Plan for the National City
Redevelopment Project. (Community Development Commission)
**Continued -from Council Meeting of July 3, 2007**
CITY COUNCIL
ORDINANCE FOR INTRODUCTION
16. An Ordinance of the City Council of the City of National City ("City Council")
approving the proposed amendment to the Redevelopment Plan for the
National City Redevelopment Project ("2007 Amendment") (Community
Development Commission)
CITY COUNCIL/COMMUNITY
DEVELOPMENT COMMISSION AGENDA
7/10/07 - Page 5
STAFF REPORTS
MAYOR AND CITY COUNCIL
ADJOURNMENT
Next Regular City Council and Community Development Commission
Meeting - Tuesday — July 17, 2007 - 6:00 p.m. — Council Chamber - National
City.
TAPE RECORDINGS OF CITY COUNCIL/COMMUNITY
DEVELOPMENT COMMISSION MEETINGS ARE AVAILABLE
FOR SALE IN THE CITY CLERK'S OFFICE
7/10/07
1'I'EM #1
EXPANSION PROPOSAL
SAM BROWN, PRESIDENT/CEO, AND
RIC.IIARD LEDFORI), CONSULTAN1'
KNIGI I'I' & CARVER YAC'I-IT CENTER
7/10/07
ITEM #2
INTRODUCTION OF CRISTINA RODRIGUEZ,
MISS NATIONAL CITY - 2007
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Dalla, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
To: Honorable Mayor and Council
From: Michael R. Dalla, City Clerk
Subject: Ordinance Introduction and Adoption
ITEM #3
7/10/07
It is recommended that the City Council approve the following motion as part of
the Consent Calendar:
"That the City Council waive reading of the text of all
Ordinances considered at this meeting and provide that such
Ordinances shall be introduced and/or adopted after a
reading of only the title."
® Recycled Paper
f'
City of National City, California
COUNCIL AGENDA STATEMENT
4
MEETING DATE July 10, 2007 AGENDA ITEM NO.
1ITEM TITLE Resolution of the City of National City Council authorizing the Mayor to execute an agreement wi
Infrastructure Engineering Corporation in the amount of $105,844 to provide the City with engineering planning
services for preparation of the Sanitary Sewer Management Plan as required by the Statewide General Waste
Discharge Requirements for Sanitary Sewer Systems, Order No. 2006-003. (Sewer Service Fee funded).
Smith, Director
(Ext. 4587)
See Attached Explanation
DEPARTMENT
Public Works
Environmental Review ' N/A ++
Approved By: dl34, .
Financial Statement
Finan a Director
This agreement is for a "Not to Exceed" amount of $105,844. Funds are available in Sewer Reserves Account.
Account No. 125-2371
STAFF RECOMMENDATION
Adopt the Resolution authorizing the Mayor to enter into the agreement.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
1. Resolution
1. 2. Agreement
3. Infrastructure Engineering Overview
EXPLANATION:
Public Works needs to consult with an engineering firm to prepare a Sanitary Sewer
Management Plan (SSMP). This will assist the City in complying with the recently
adopted State Water Resources Control Board Order No. 2006-003. As identified in the
Order, there are nine specific "milestones" to the SSMP, with the City responsible for the
following schedule:
I. SSMP Development Plan and Schedule (November 2, 2007)
2. Goals and Organization Structure (November 2, 2007)
3. Overflow Emergency Response Program (May 2, 2009)
4. Legal Authority (May 2, 2009)
5. Operation and Maintenance Program (May 2, 2009)
6. Fats, Oils and Grease Control Program (May 2, 2009)
7. Design and Performance Standards (August 2, 2009)
8. System Evaluation and Capacity Assurance Plan (August 2, 2009)
9. Final SSMP, incorporating all the SSMP elements. (August 2, 2009)
On April 5, 2005 the City Council issued resolution No. 2005-64 authorizing the Mayor
to execute a multiyear contract with Infrastructure Engineering Corporation to provide
"as needed" engineering consulting services for the City's capital improvement projects.
Staff has considered that Infrastructure Engineering Corporation can provide the
engineering consulting services for the City's SSMP preparation. In July 2006,
Infrastructure Engineering Corporation completed the Downtown Specific Plan Utilities
Impact Rcport for the City. The report determined potential impacts that the Downtown
Specific Plan will have upon City owned wastewater facilities. hi November 2006, the
City authorized Infrastructure Engineering Corporation to design and develop hid
documents for the upsizing of sewer lines identified in the Impact Report. It was through
these projects that Infrastructure Engineering Corporation became thoroughly familiar
with the City's wastewater collection system, including: existing facility and flow meter
data; record drawings; atlas maps; hydraulic model; South Metro Interceptor capacity
rights, and the City's Auto CAD and GIS databases.
Infrastructure Engineering is familiar with the City's engineering planning and design
requirements. Based upon the staffs request, Infrastructure Engineering Corporation has
a proposed scope of work, outlined in Exhibit "A" of the agreement, to perform the
required services. This scope of work is consistent with the City's engineering planning
needs.
The work can be accomplished through an Agreement to the existing "As -needed"
contract. The final scope of work is attached as part of the Agreement that is being
presented to the Council for approval. The fee for performing the work per the cost
proposal is a "Not to Exceed" amount of $ 105,844.
RESOLUTION NO. 2007 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
WITH INFRASTRUCTURE ENGINEERING CORPORATION
IN THE AMOUNT OF $105,844 TO PROVIDE ENGINEERING PLANNING
SERVICES FOR THE PREPARATION OF THE SANITARY SEWER
MANAGEMENT PLAN AS REQUIRED BY THE STATEWIDE GENERAL
WASTE DISCHARGE REQUIREMENTS FOR SANITARY SEWER SYSTEMS
WHEREAS, the City desires to employ a contactor to provide engineering
planning services for the preparation of the Sanitary Sewer Management Plan as Required by
the Statewide General Waste Discharge Requirements for Sanitary Sewer Systems; and
WHEREAS, the City has determined that Infrastructure Engineering Corporation is
qualified by experience and ability to perform the services desired by the City, and
Infrastructure Engineering Corporation is willing to perform such services.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute an agreement with Infrastructure
Engineering Corporation in the amount of $105,844 to provide engineering planning services for
the preparation of the Sanitary Sewer Management Plan as Required by the Statewide General
Waste Discharge Requirements for Sanitary Sewer Systems. Said Agreement in on file in the
office of the City Clerk.
PASSED and ADOPTED this 10th day of July, 2007.
Ron Morrison, Mayor
ATTEST:
Michael R. Daila, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attomey
AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
INFRASTRUCTURE ENGINEERING CORPORATION
THIS AGREEMENT is entered into this 10th day of July, 2007, by and
between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and
Infastructure Engineering Corporation, (the "CONSULTANT").
RECITALS
WHEREAS, the CITY desires to employ a CONSULTANT to for the
preperetion of a Sanitary Sewer Management Plan as required by California General
Order No. 2006-003.
WHEREAS, the CITY has determined that the CONSULTANT is a
corporation and is qualified by experience and ability to perform the services desired by
the CITY, and the CONSULTANT is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to
engage the CONSULTANT and the CONSULTANT hereby agrees to perform the
services hereinafter set forth in accordance with all terms and conditions contained
herein.
The CONSULTANT represents that all services required hereunder will be
performed directly by the CONSULTANT or under direct supervision of the
CONSULTANT.
2. SCOPE OF SERVICES. The CONSULTANT will perform services
as set forth in the attached Exhibit "A".
The CONSULTANT shall be responsible for all research and reviews
related to the work and shall not rely on personnel of the CITY for such services, except
as authorized in advance by the CITY. The CONSULTANT shall appear at meetings as
required to keep staff and City Council advised of the progress on the project.
The CITY may unilaterally, or upon request from the CONSULTANT, from time
to time reduce or increase the Scope of Services to be performed by the
CONSULTANT under this Agreement. Upon doing so, the CITY and the
CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction or increase in the compensation associated with said change
in services.
Revised August 2003
3. PROJECT COORDINATION AND SUPERVISION.
Joe Smith hereby is designated as the Project Coordinator for the CITY
and will monitor the progress and execution of this Agreement. The CONSULTANT
shall assign a single Project Director to provide supervision and have overall
responsibility for the progress and execution of this Agreement for the CONSULTANT.
Jeff Kirshberg thereby is designated as the Project Director for the CONSULTANT.
4. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT shall be based on monthly billings covering actual work performed.
Billings shall include labor classifications, respective rates, hours worked and also
materials, if any. The total cost for all work described in Exhibit "A" shall not exceed
$105,844 amount without prior written authorization from the City. Monthly invoices will
be processed for payment and remitted within thirty (30) days from receipt of invoice,
provided that work is accomplished consistent with Exhibit "A" as determined by the
CITY.
The CONSULTANT shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs
incurred and shall make such materials available at its office at all reasonable times
during the term of this Agreement and for three (3) years from the date of final payment
under this Agreement, for inspection by the CITY and for furnishing of copies to the
CITY, if requested.
5. LENGTH OF AGREEMENT. Completion dates or time durations
for specific portions of the Project are set forth in Exhibit "A".
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents
prepared by the CONSULTANT for this Project, whether paper or electronic, shall
become the property of the CITY for use with respect to this Project, and shall be
turned over to the CITY upon completion of the Project, or any phase thereof, as
contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONSULTANT
hereby assigns to the CITY and CONSULTANT thereby expressly waives and
disclaims, any copyright in, and the right to reproduce, all written material, drawings,
plans, specifications or other work prepared under this agreement, except upon the
CITY's prior authorization regarding reproduction, which authorization shall not be
unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute
any further document(s) necessary to further effectuate this waiver and disclaimer.
The CONSULTANT agrees that the CITY may use, reuse, alter,
reproduce, modify, assign, transfer, or in any other way, medium or method utilize the
CONSULTANT's written work product for the CITY's purposes, and the
CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil
Code Sections 980 through 989 relating to intellectual property and artistic works.
2 Revised August 2003
Any modification or reuse by the CITY of documents, drawings or
specifications prepared by the CONSULTANT shall relieve the CONSULTANT from
liability under Section 14 but only with respect to the effect of the modification or reuse
by the CITY, or for any liability to the CITY should the documents be used by the CITY
for some project other than what was expressly agreed upon within the Scope of this
project, unless otherwise mutually agreed.
7. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as
agents, employees, partners or joint venturers with one another. Neither the
CONSULTANT nor the CONSULTANT,s employees are employee of the CITY and are
not entitled to any of the rights, benefits, or privileges of the CITY's employees,
including but not limited to retirement, medical, unemployment, or workers'
compensation insurance.
This Agreement contemplates the personal services of the CONSULTANT
and the CONSULTANT's employees, and it is recognized by the parties that a
substantial inducement to the CITY for entering into this Agreement was, and is, the
professional reputation and competence of the CONSULTANT and its employees.
Neither this Agreement nor any interest herein may be assigned by the CONSULTANT
without the prior written consent of the CITY. Nothing herein contained is intended to
prevent the CONSULTANT from employing or hiring as many employees, or
subcontractors, as the CONSULTANT may deem necessary for the proper and efficient
performance of this Agreement. All agreements by CONSULTANT with its sub
CONSULTANT (s) shall require the sub CONSULTANT to adhere to the applicable
terms of this Agreement.
8. CONTROL. Neither the CITY nor its officers, agents or employees
shall have any control over the conduct of the CONSULTANT or any of the
CONSULTANT's employees except as herein set forth, and the CONSULTANT
expressly agrees not to represent that the CONSULTANT or the CONSULTANT's
agents, servants, or employees are in any manner agents, servants or employees of
the CITY, it being understood that the CONSULTANT, its agents, servants, and
employees are as to the CITY wholly independent contractors and that the
CONSULTANT's obligations to the CITY are solely such as are prescribed by this
Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in
the performance of the services to 'be provided herein, shall comply with all applicable
State and Federal statutes and regulations, and all applicable ordinances, rules and
regulations of the City of National City, whether now in force or subsequently enacted.
The CONSULTANT, and each of its sub CONSULTANTs, shall obtain and maintain a
current City of National City business license prior to and during performance of any
work pursuant to this Agreement.
10. LICENSES, PERMITS, ETC. The CONSULTANT represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever
3 Revised August 2003
nature that are legally required to practice its profession. The CONSULTANT
represents and covenants that the CONSULTANT shall, at its sole cost and expense,
keep in effect at all times during the term of this Agreement, any license, permit, or
approval which is legally required for the CONSULTANT to practice its profession.
11. STANDARD OF CARE.
A. The CONSULTANT, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the CONSULTANT'S trade or profession currently
practicing under similar conditions and in similar locations. The CONSULTANT shall
take all special precautions necessary to protect the CONSULTANT's employees and
members of the public from risk of harm arising out of the nature of the work and/or the
conditions of the work site.
B. Unless disclosed in writing prior to the date of this
agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the
five (5) years preceding, been debarred by a governmental agency or involved in
debarment, arbitration or litigation proceedings concerning the CONSULTANT's
professional performance or the fumishing of materials or services relating thereto.
C. The CONSULTANT is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success
of the project the CONSULTANT has been retained to perform, within the time
requirements of the CITY, or, when no time is specified, then within a commercially
reasonable time. Accordingly, unless the CONSULTANT has notified the CITY
otherwise, the CONSULTANT warrants that all products, materials, processes or
treatments identified in the project documents prepared for the CITY are reasonably
commercially available. Any failure by the CONSULTANT to use due diligence under
this sub -paragraph will render the CONSULTANT liable to the CITY for any increased
costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time
frame specified or, when not specified, then within a commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall
not discriminate against any employee or applicant for employment because of age,
race, color, ancestry, religion, sex, sexual orientation, marital status, national origin,
physical handicap, or medical condition. The CONSULTANT 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 CONSULTANT agrees to post in conspicuous
places available to employees and applicants for employment any notices provided by
the CITY setting forth the provisions of this non-discrimination clause.
13. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONSULTANT certain confidential information to enable the
CONSULTANT to effectively perform the services to be provided herein. The
4 Revised August 2003
CONSULTANT shall treat all such information as confidential and shall not disclose any
part thereof without the prior written consent of the CITY. The CONSULTANT shall
limit the use and circulation of such information, even within its own organization, to the
extent necessary to perform the services to be provided herein. The foregoing
obligation of this Section 13, however, shall not apply to any part of the information that
(i) has been disclosed in publicly available sources of information; (ii) is, through no
fault of the CONSULTANT, hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONSULTANT without any
obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONSULTANT by a third party, but only to the extent that the use or disclosure thereof
has been or is rightfully authorized by that third party.
The CONSULTANT shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder,
the CONSULTANT shall comply with all legal obligations it may now or hereafter have
respecting the information or other property of any other person, firm or corporation.
CONSULTANT shall be liable to CITY for any damages caused by
breach of this condition, pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT
agrees to defend, indemnify, and hold harmless the City of National City, its officers and
employees, against and from any and all liability, loss, damages to property, injuries to,
or death of any person or persons, and all claims, demands, suits, actions,
proceedings, reasonable attomeys' fees, and defense costs, of any kind or nature,
including workers' compensation claims, of or by anyone whomsoever, resulting from or
arising out of the CONSULTANT's negligent performance of this Agreement.
15. WORKERS' COMPENSATION. The CONSULTANT shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of
the State of Califomia, the applicable provisions of Division 4 and 5 of the Califomia
Govemment Code and all amendments thereto; and all similar state or Federal acts or
laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and
employees from and against all claims, demands, payments, suits, actions,
proceedings and judgments of every nature and description, including reasonable
attomey's fees and defense costs presented, brought or recovered against the CITY or
its officers, employees, or volunteers, for or on account of any liability under any of said
acts which may be incurred by reason of any work to be performed by the
CONSULTANT under this Agreement.
16. INSURANCE. The CONSULTANT, at its sole cost and expense,
shall purchase and maintain, and shall require its subcontractors, when applicable, to
purchase and maintain throughout the term of this agreement, the following insurance
policies:
X[] A. If checked, Professional Liability Insurance (errors and omissions)
with minimum limits of $1,000,000 per occurrence.
5 Revised August 2003
B. Automobile insurance covering all bodily injury and property
damage incurred during the performance of this Agreement, with a minimum coverage
of $1,000,000 combined single limit per accident. Such automobile insurance shall
include non -owned vehicles.
C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence, covering all bodily injury and property
damage arising out of its operation under this Agreement.
D. Workers' compensation insurance covering all of CONSULTANT's
employees.
E. The aforesaid policies shall constitute primary insurance as to the
CITY, its officers, employees, and volunteers, so that any other policies held by the
CITY shall not contribute to any loss under said insurance. Said policies shall provide
for thirty (30) days prior written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and worker's
compensation policies, shall name the CITY and its officers, agents and employees as
additional insureds.
G. If required insurance coverage is provided on a "claims made"
rather than "occurrence" form, the CONSULTANT shall maintain such insurance
coverage for three years after expiration of the term (and any extensions) of this Agree-
ment.
H. Any aggregate insurance limits must apply solely to this Agree-
ment.
I. Insurance shall be written with only California admitted companies
which hold a current policy holder's alphabetic and financial size category rating of not
less than A VIII according to the current Best's Key Rating Guide, or a company equal
financial stability that is approved by the City's Risk Manager.
J. This Agreement shall not take effect until certificate(s) or other
sufficient proof that these insurance provisions have been complied with, are filed with
and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of
such insurance policies in full force and effect at all times during the terms of this
Agreement, the CITY may elect to treat the failure to maintain the requisite insurance
as a breach of this Agreement and terminate the Agreement as provided herein.
17. LEGAL FEES. If any party brings a suit or action against the other
party arising from any breach of any of the covenants or agreements or any
inaccuracies in any of the representations and warranties on the part of the other party
arising out of this Agreement, then in that event, the prevailing party in such action or
dispute, whether by final judgment or out -of -court settlement, shall be entitled to have
and recover of and from the other party all costs and expenses of suit, including
attorneys' fees.
For purposes of determining who is to be considered the prevailing party,
it is stipulated that attomey's fees incurred in the prosecution or defense of the action or
suit shall not be considered in determining the amount of the judgment or award.
Attomey's fees to the prevailing party if other than the CITY shall, in addition, be limited
to the amount of attomey's fees incurred by the CITY in its prosecution or defense of
6
Revised August 2003
the action, irrespective of the actual amount of attorney's fees incurred by the prevailing
party.
18. MEDIATION/ARBITRATION. If a dispute arises out of or relates
to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to
settle the dispute by mediation in San Diego, California, in accordance with the
Commercial Mediation Rules of the American Arbitration Association (the "AAA") before
resorting to arbitration. The costs of mediation shall be borne equally by the parties.
Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof,
which is not resolved by mediation shall be settled by arbitration in San Diego,
California, in accordance with the Commercial Arbitration Rules of the AAA then
existing. Any award rendered shall be final and conclusive upon the parties, and a
judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the
parties to the arbitration, provided that each party shall pay for and bear the costs of its
own experts, evidence and attorneys' fees, except that the arbitrator may assess such
expenses or any part thereof against a specified party as part of the arbitration award.
19. TERMINATION. A. This Agreement may be terminated with or
without cause by the CITY. Termination without cause shall be effective only upon 60-
day's written notice to the CONSULTANT. During said 60-day period the
CONSULTANT shall perform all services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY
for cause in the event of a material breach of this Agreement, misrepresentation by the
CONSULTANT in connection with the formation of this Agreement or the performance
of services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of
written Notice of Termination to the CONSULTANT as provided for herein:
D. In the event of termination, all finished or unfinished Memoranda
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONSULTANT, whether paper or electronic, shall immediately become the property of
and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just
and equitable compensation for any work satisfactorily completed on such documents
and other materials up to the effective date of the Notice of Termination, not to exceed
the amounts payable hereunder, and Tess any damages caused the CITY by the
CONSULTANT's breach, if any. Thereafter, ownership of said written material shall
vest in the CITY all rights set forth in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT;
(2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the
CONSULTANT.
20. NOTICES. All notices or other communications required or
permitted hereunder shall be in writing, and shall be personally delivered; or sent by
overnight mail (Federal Express or the like); or sent by registered or certified mail,
postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or
telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall
7 Revised August 2003
be deemed received upon the earlier of (i) if personally delivered, the date of delivery to
the address of the person to receive such notice, (ii) if sent by ovemight mail, the
business day following its deposit in such ovemight mail facility, (iii) if mailed by
registered, certified or ordinary mail, five (5) days (ten (10) days if the address is
outside the State of California) after the date of deposit in a post office, mailbox, mail
chute, or other like facility regularly maintained by the United States Postal Service, (iv)
if given by telegraph or cable, when delivered to the telegraph company with charges
prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice,
request, demand, direction or other communication delivered or sent as specified above
shall be directed to the following persons:
To the CITY:
Joe Smith
Director of Public Works
City of National City
2100 Hoover Avenue
National City, CA 91950-6530
To the CONSULTANT: Jeff Kirshberg
Infastructure Engineering Corporation
5242 Katella Ave, (Suite 205)
Los Alamitos, CA 90720
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver
because of changed address of which no notice was given shall be deemed to
constitute receipt of the notice, demand, request or communication sent. Any notice,
request, demand, direction or other communication sent by cable, telex, telecopy,
facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or
delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not
perform services of any kind for any person or entity whose interests conflict in any way
with those of the City of National City. The CONSULTANT also agrees not to specify
any product, treatment, process or material for the project in which the CONSULTANT
has a material financial interest, either direct or indirect, without first notifying the CITY
of that fact. The CONSULTANT shall at all times comply with the terms of the Political
Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall
immediately disqualify itself and shall not use its official position to influence in any way
any matter coming before the CITY in which the CONSULTANT has a financial interest
as defined in Govemment Code Section 87103. The CONSULTANT represents that it
has no knowledge of any financial interests that would require it to disqualify itself from
any matter on which it might perform services for the CITY.
8 Revised August 2003
❑ If checked, the CONSULTANT shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONSULTANT shall file a Statement of Economic Interests with the
City Clerk of the City of National City in a timely manner on forms which the
CONSULTANT shall obtain from the City Clerk.
The CONSULTANT shall be strictly liable to the CITY for all damages,
costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by
the CONSULTANT.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided
for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday,
then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next
day which is not a Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute but one and the same instrument.
C. Captions. Any captions to, or headings of, the sections or
subsections of this Agreement are solely for the convenience of the parties hereto, are
not a part of this Agreement, and shall not be used for the interpretation or
determination of the validity of this Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly
provided herein, the execution and delivery of this Agreement shall not be deemed to
confer any rights upon, or obligate any of the parties hereto, to any person or entity
other than the parties hereto.
E. Attachments and Schedules. The Attachments and Schedules
attached hereto are hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may
not be modified or amended except by an instrument in writing executed by each of the
parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this
Agreement shall not operate as a waiver of any future breach of any such provision or
any other provision hereof.
H. Applicable Law. This Agreement shall be govemed by and
construed in accordance with the laws of the State of Califomia.
I. Entire Agreement. This Agreement supersedes any prior agree-
ments, negotiations and communications, oral or written, and contains the entire
agreement between the parties as to the subject matter hereof. No subsequent
agreement, representation, or promise made by either party hereto, or by or to an
employee, officer, agent or representative of any party hereto shall be of any effect
unless it is in writing and executed by the party to be bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon
and shall inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each
party is of equal bargaining strength, (ii) each party has actively participated in the
drafting, preparation and negotiation of this Agreement, (iii) each such party has
9 Revised August 2003
consulted with or has had the opportunity to consult with its own, independent counsel
and such other professional advisors as such party has deemed appropriate, relative to
any and all matters contemplated under this Agreement, (iv) each party and such
party's counsel and advisors have reviewed this Agreement, (v) each party has agreed
to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against
the drafting party shall not apply in the interpretation of this Agreement, or any portions
hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date and year first above written.
CITY OF NATIONAL CITY
INFRASTRUCTURE ENGINEERING
CORPORATION
(Two signatures required for a corporation)
By: By: JG / d
Ron Morrison, Mayor
APPROVED AS TO FORM:
George H. Eiser, III
City Attomey
By:
(Name) Sol Hen/
Nreproe-
(Title)
(Warne) �� -•d_
(Title)
10
Revised August 2003
fntrostructvre Enoineeririq Cort;r..ra40n
January 23, 2007
Joe F A.Smith
Wastewater Supervisor
City of National City.
1243 National City Boulevard
National City, CA 91950-4301
Reference: State Water Resources Control Boatd Order No. 2006-0003
Sanitary Sewer Management Plan
Dear Mr. Smith:
In accordance with your request, Infrastructure Engineering Corporation (.E(') is pleased to
submit this proposal to assist the City of National City (City) in complying with recently
adopted State Water Resources Control Board (SWRCB) Order No. 2006-003. As anticipated,
a significant portion of this work effort will be the development of the now required Sanitary
Sewer Management Plan (SSMP). As most traditional master plan components are included in
the SSMP, this presents the City with a unique opportunity to address current concerns and
questions pertaining to their wastewater collection system.
Our attached detailed scope of work incorporates the development of the following key items:
➢ Wastewater flow projections for the existing, 5 year, 10 year and 20 year (planning
horizon) time increments.
➢ Design criteria, including velocity and capacity requirements, as well as peak dry and
wet weather flows.
Y A hydraulic model of all City owned wastewater facilities (excluding laterals), in order
to quantify capacity in key facilities and prevent Sanitary Sewer Overflows (SSO's).
> A time -phased Capital Improvement Program (CIP) which addresses the identified
hydraulic deficiencies.
> South Metro Interceptor capacity and cost of wastewater treatment in each time
increment.
➢ A Fats, Oils and Grease (FOG) Control Program which identifies major source
contributors, design standards for grease removal devices, maintenance and BMP
requirements, as well as the legal authority to inspect and prohibit discharges in order
to prevent blockages.
717 Pier View Way, Oceanside, California 9205A T 760.529.0795 F 760.529.0785 www.tecotporuhon•corn
Exhibit "A"
Mr. Joe I -LA. Smith
January 23, 2007
Page 2 of 2
➢ A Map of the City's wastewater collection system illustrating service area, wastewater
basins and City -owned facilities (excluding laterals).
➢ A summary of the (:ity's Legal Authority to prevent illicit discharges into its sanitary
sewer system, to inspect laterals owned by the City, and to require connections to be
properly designed and constricted. If sufficient legal authority is not included in
existing legal agreements, discharge permits, sewer ordinances and/or building codes,
IEC will work with City representatives to develop the needed authority.
➢ Satisfying the legislated timeline, including the more immediate Development Plan and
Goals deadlines which occur within the next year.
➢ A SSMP development schedule which allows for the required communication between
the City and the public pertaining to the development, implementation and
performance of the SSMP.
We propose to complete this project on a time and material basis not to exceed $105,844.
Upon receipt of a notice to proceed, IBC can begin this project immediately.
Please feel free to contact Jeff Kirshberg anytime on his mobile phone at (858) 472-8351 if
you have any questions.
Very truly yours,
Scott Humphrey
Senior Project Manager
cc: Tom Frank, IEC
Jeff Kirshberg, IEC
On May 2, 2006, after several years of public discussion and planning, the State Water Resources Control Board
(SWRCB) adopted Order No. 2006-0003, a General Waste Discharge Requirement (WDR) for all publicly owned
sanitary sewer collection systems in California with more than one (1) mile of sewer pipe. The goal of Order No.
2006-0003 is to provide a consistent statewide approach for reducing Sanitary Sewer Overflows (SSOs) by
requiring that
1. In the event of an SSO, all feasible steps be taken to control the released volume and prevent
untreated wastewater from entering storm drains, creeks, etc.
2. If an SSO occurs, it must be reported to the SWRCB using an online reporting system
developed the SWRCB.
3. All publicly owned collection system agencies with more than 1 mile of sewer pipe in the State
develop must develop a Sewer System Management Plan (SSMP).
The required Sanitary Sewer Management Plan (SSMP) encompasses more components than typically found in a
traditional wastewater master plan. Furthermore, Order No. 2006-0003 also contains the following schedule for
implementation:
Application for Coverage and On -I ine Reporting
As a public agency that currently owns and/or operates a sanitary sewer system within Region 9 of the State of
California, the City of National City (City) has previously applied for coverage under the general Waste Discharge
Requirements (WI)R). Furthermore, as of January 3, 2007, the City has begun complying with the on-line
registration and reporting requirements outlined in Order No. 2006-0003.
Sanitary Sewer Management Plan Development
This critical component of Order No. 2006-0003 is the development of a Sanitary Sewer Management Plan
(SSMP). There are nine specific "milestones" identified in the schedule that relate to the specific elements required
in the WDR. The nine milestones, and the applicable schedule for the City of National City (City), include:
1. SSMP Development Plan and Schedule (November 2, 2007)
2. Goals and Organization Structure (November 2, 2007)
3. Overflow Emergency Response Program (May 2, 2009)
4. Legal Authority (May 2, 2009)
5. Operation and Maintenance Program (May 2, 2009)
6. Fats, Oils and Grease Control Program (May 2, 2009)
7. Design and Performance Standards (August 2, 2009)
S. System Evaluation and Capacity Assurance Plan (August 2, 2009)
9. Final SSMP, incorporating all the SSMP elements. (August 2, 2009)
Although it is the SWRCB's intent that Order No. 2006-0003 be the primary regulatory mechanism for sanitary
sewer systems statewide, there will be some instances when Regional Water Boards will need to impose more
stringent or prescriptive requirements. In those cases, more specific or mom stringent WDRs issued by a Regional
Water Board will supersede Order No. 2006-0003, as has already occurred in Region 2 (San Francisco Bay).
The City of National City (City) provides sewer service to the arca generally within its corporate limits and also
receives inflows from the City of San Diego and the United States Navy in route to the regional South Metro
Interceptor. National City has. approximately 97 miles of sewer collection pipes that drain westerly to the Mctro
Interceptor, and ultimately to the Point Loma Wastewater Treatment Plant, with a total service area population
between 10,000 and 100,000 people. There are four significant wastewater basins within the City that contribute
flow to the National City wastewater collection system: NC2, NC3, NC5 and NC7M. The City is responsible for
the maintenance, operations and management of all sewer collection systems that transport flows generated within
National City.
The City's most recent sewer master plan effort was performed by PIBS&J, and was terminated in April 2002. The
Sanitary Sewer Master Plan and Storrs Sewer Evaluation for the Gty of National Cit, y (2002 Sewer Master Plan) contained
wastewater flow projections based on population projections, a trunk sewer XP-SWMM hydraulic model utilized
for capacity analysis, as well as a twenty (20) year Capital Improvement Program (CIP) to address system
deficiencies.
Since the completion of the 2002 SewerMatterPlan, significant new developments have been proposed within the
City. Specifically, the City commissioned IEC to complete the Downtown Specific Plan Wastewater Facilities Impact
Report, which determinal potential impacts that the Downtown Specific Plan (DSP) will have upon City owned
wastewater facilities. As the DSP represents a 35% ultimate (build -out) wastewater flow increase over those flows
predicted in the 2002Master Plan, IEC developed a new H20Map Sewer hydraulic model of the DSP area which
was utilized in updating the City's CIP. It was through this wastewater flow impact study that IEC became
thoroughly familiar with the City's wastewater collection system, including: existing facility and flow meter data;
record drawings; atlas maps; hydraulic model; South Metro Interceptor capacity rights, and the City's AutoCAD
and GIS databases.
While successful compliance with Order No. 2006-0003 will require a significant work effort, it also presents the
City with a unique opportunity to address current concerns and questions pertaining to their wastewater collection
system. Some portions of Order No. 2006-0003 have already been completed in some form or another by the
City, and will be relatively straight forward to compile as part of this project. Other required components have yet
to be addressed by the City, and are of critical importance. Examples of Order No. 2006-003 components that
IEC believes are of specific interest to the City include:
• Satisfying the legislated timeline.
• A SSMP development schedule which allows for the required conununication between the City and the
public pertaining to the development, implementation and performance of the SSMP. (Task 4)
• Presentation of the City's Legal Authority to prevent illicit discharges into its sanitary sewer system, to
inspect laterals owned by the City, and to require connections to be properly designed and constructed. If
sufficient legal authority is not included in existing legal agreements, discharge permits, sewer ordinances
and/or building codes, IEC will work with City representatives to develop the needed authority. (Task 7)
• Preparation of a Map of the City's wastewater collection system. In addition to the City's service
boundary, the NC2, NC3, NC5 and NC7M drainage basins will be dearly illustrated. All City owned
gravity mains (excluding laterals), manholes, pumping facilities, pressure pipes and 'valves within the GIS
database will be shown. (Task 8)
• Development of a Pats, Oils and Grease (FOG) Control Program which identifies major source
contributors, design standards for grease removal devices, maintenance and BMP requirements, as well as
the legal authority to inspect and prohibit discharges in order to prevent blockages. (Task 9)
• Development of wastewater flow projections for the existing, 5 year, 10 year and 20 year (planning
horizon) time increments. (Task 11)
• Development of design ctiteria, including velocity and capacity requirements, as well as peak dry and wet
weather flows. (Task 12)
• Development of a hydraulic model which includes all City owned wastewater facilities (excluding laterals),
in order to quantify capacity in key facilities and prevent SSOs. (Task 13)
• Evaluation of South Metro Interceptor capacity and cost of wastewater treatment in each time increment.
(Task 15)
• Development of a time -phased Capital Improvement Program (CIP) which addresses the hydraulic
deficiencies identified in the hydraulic model. (Task 16)
The preparation of a successful SSMP is a significant effort, with specific legislated deadlines. Time must be
budgeted to not only complete the work required by Order No. 2006-003, but also to allow for public review and
continent on the SSMP, as well as any additional requirements that the Regional Water Boards decides to impose.
Our Scope Services includes the following tasks:
Task 1 Perform Project Management
IEC will include the use of management control tools and emphasize client communication. Prior to the
implementation of the project, IF.0 will develop an initial project management and control plan. This plan will
include: project instructions, which establish the project goals, schedule, task assignments and communication
protocol; project work plan, which merges the scope of services with project milestones and individual task
assignments fnr schedule and budget; and a project cost control program which establishes the benchmark and
reporting methodology for the ongoing assessment of project completion and budget
Client communication will be maintained by the Project Manager. The Project Manager will coordinate all project
activities within the project team and will be responsible for thc development of progress submittals, will attend
project coordination meetings, and will he responsible for the development of deliverables and status reports.
Task 2 Conduct Project Meetings and Establish Project Goals
The Consultant will meet with City staff to establish the goals, needs, and desires of the Sanitary Sewer
Management Plan (SSMP), confirm project objectives, discuss approach and criteria, establish departmental
contacts and lines of communication, and discuss data availability. In addition, we will meet with the Ciry to
decide on a mutually agreeable digital deliverable format for case of use throughout this project.
In addition to the Project Kick -Off meeting, IEC anticipates three (3) other project status meetings to be
conducted at appropriate times through out the project schedule in order to ensure that all City comments and
concerns are continually addressed.
Task 3 Data Collection & Review
A review will be conducted of previous reports by the Ciry and/or consultants to the City relating to planning and
sewer engineering, including: 2002 Sanitary Sewer Matter Plan and Strom Water hvabiationforthe City ofNakona/CCity
(2002 Sewer Master Plan), all GIS data files developed by PBS&J during their previous master planning effort,
SANDAG population projections, ADS flow meter data maintained for the City of San Diego, any relevant
specific plans (i.e Downtown Specific Plan), and any existing inter -agency agreements between the City and the
City of San Diego pertaining to capacity rights in the South Metro Interceptor. On behalf of IF..C, the City will
request water billing data from Sweetwater Authority in shapefle format.
A data/document inventory will be maintained that lists the data/documents received from the City, the date
received, and if the data needs to be returned to thc City. This inventory will be updated as new information is
received and supplied to the City at status meetings.
Sanitary Sewer Management Plan (SSMP)
The mandatory elements of the Sanitary Sewer Management Plan (SSMP) are specified below. Components of the
SSMP must be submitted to the SWRQB based on the timetable established by Order No. 2006-0003. In addition,
time must be allotted for public review and comment of the SSMP prior to SWRQB final submittal.
Task 4 SSMP Development Plan and Schedule
IEC will develop a SSMP development plan and schedule for all required components of the SSMP, as detailed in
Order No. 2006-0003. In addition to satisfying the requirements of Order No. 2006-0003, this task will help the
determine the remaining work effort necessary to complete the SSMP (hydraulic model, legal authority, Fats -Oils -
and Grease Program, construction and design standards, etc.), and help insure that enough time is allowed for the
completion of each SSMP component and appropriate public review.
Task 5 Goals and Organization Structure
IEC will work with the City to develop the Goals of their SSMP. Typically, the goal of the SSMP is to provide a
plan and schedule to properly manage, operate, and maintain all parts of the sanitary sewer system. This will help
reduce and prevent SSOs, as well as mitigate any SSOs that do occur.
IEC will work with the City to consolidate the organizational information required in the SSMP. 'Ibis includes thc
responsible or authorized representative of the City, an organizational chart with contact information, and the
chains of communication for reporting SSOs.
The SSMP Development Plan and Schedule and the Goals and Organization Structure will be summarized in a
Technical Memorandum, and submitted to the City for review and comment. Upon the incorporation of all City
continents, these documents will be submitted in the proper format to the SWRCB, in order to satisfy the initial
requirements of Order No. 2006-0003.
Task 6 Overflow Emergency Response Program
IEC will review the City's existing Overflow Emergency Response Program, and identify those measures which
protect public health and/or the environment. Specifically, the Overflow Emergency Response Program must
contain proper notification procedures, an SSO response program, as well as internal training requirements. IEC
will identify any SSMP requirements which the City's current Overflow Emergency Response Program fails to
address, and work with the City to develop those portions.
The Overflow Emergency Response Program will he summarized in a Technical Memorandum, and submitted to
the City for review and comment. Upon the incorporation of all City comments, these documents will be
submitted in the proper format to the SWRCB, in order to satisfy the requirements of Order No. 2006-0003.
Task 7 Legal Authority
IEC; will summarize the City's existing sanitary sewer system use ordinances, service agreements an/or other
legally binding procedures, in order to illustrate that the City has necessary legal authority. As per Order No. 2006-
0003, legal authority includes: the ability to prevent illicit discharges into its sanitary sewer system; require that
sewers and connections be properly designed and constructed; ensure access for maintenance, inspection, or
repairs; limit the discharge of fats, oils, and grease and other debris that may cause blockages, and enforce any
violation of its sewer ordinances.
In the event that additional legal authority is required, IEC will suggest potential language based on a survey of
neighboring agencies of similar size. A summary of the City's legal authority will be submitted in a 'Technical
Memorandum, and submitted to the City for review and comment. Upon the incorporation of all City comments,
these documents will be subtitted in the proper format to the SWRCB, in order to satisfy the requirements of
Order No. 2006-0003.
Task 8 Operation and Maintenance Program
IEC will utilize the GIS database developed by PBS&J as part of their previous master planning effort
(ssewerpipe2.shp and ssmh2.shp) to create a Map of the City's wastewater collection system. In addition to thc
City's service boundary, the NC2, NC3, NC5 and NC7M drainage basins will be dearly illustrated. All City owned
gravity mains (excluding laterals), manholes, pumping facilities, pressure pipes and valves within the GIS database
will be shown. A spreadsheet will be generated to accompany the map which presents relevant hydraulic
information for City facilities (i.e. length, diameter, inverts, ptunp characteristics, etc.)
The wastewater system map and spreadsheet will be provided in draft form to City Staff for comment and
correction. Specific effort will be made to ensure that all significant projects constructed after 2002 are
incorporated into the map. Several day of retrieving records and as -built drawings by IEC staff are anticipated as
part of this effort. It is also anticipated that several iterations of IEC map creation and City staff review will be
required, as it is this facility information which will form the basis for the SSMP capacity analysis.
This wastewater map will be incorporated into a summary of the City's Operation and Maintenance Program. In
addition to the map, the summary will describe the City's routine preventive operation and maintenance activities,
as well as their current rehabilitation and replacement plan. The summary will also address relevant City Staff
Operation and Maintenance training ,and replacement part inventories.
A summary of the City's Operation and Maintenance Program will be summarized in a Technical Memorandum,
and submitted to the City for review and comment. Upon the incorporation of all City cotnrnents, these
documents will be submitted in the proper format to the SWRCB, in order to satisfy the requirements of Order
No. 2006-0003.
Task 9 Fats, Oils and Grease Control Program (FOG)
While the city does not currently have an official Fats, Oils and Grease Control Program (FOG), it does track the
largest point sources for maintenance and inspection prioritization. IEC will work closely with City Staff to
develop an appropriate FOG program for the City. Successful FOG programs of neighboring water agencies of
similar size and composition will be evaluated for inclusion in the City's program. IEC will create a inap
illustrating City owned wastewater facilities subject to FOG blockages as well as the major FOG point sources
identified by the City.
It is anticipate d that the FOG program will incorporate the following:
• An implementation plan and schedule for a public education outreach program that pmmotcs proper
disposal of FOG;
• A plan and schedule for the disposal of FOG generated within the salutary sewer system service area.
• 'l'he legal authority to prohibit discharges to the system and identify measures to prevent SSOs and
blockages caused by FOG;
• Requirements for grease removal devices (such as traps or interceptors)
• Authority to inspect grease producing facilities
• Identification of sanitary sewer system sections subject to FOG blockages and establishment of a
leaning maintenance schedule for each section;
• Development and implementation of source control measures for all sources of FOG discharged to the
sanitary sewer system for each section identified in (f) above.
A summary of the City's Fats, Oils and Grease Control Program will he summarized in a Technical Memorandum,
and submitted to the City for review and comment. Upon the incorporation of all City comments, these
documents will be submitted in the proper format to the SWRCB, in order to satisfy the requirements of Order
No. 2006-0003.
'I'ask 10 Design and Performance Standards
IEC will review the City's existing design, construction standards and specifications for the installation and
inspection of new sanitary sewer systems, pump stations and other appurtenances; and for the rehabilitation and
repair of existing sanitary sewer systems. IEC will identify any SSMP requirexnents which the City's current Design
and Performance Standards fails to address, and work with the City to develop those portions.
The City's Design and Performance Standards Program will be summarized in a Technical Memorandum, and
submitted to the City for review and conunenr. Upon the incorporation of all City comments, these documents
will be submitted in the proper format to the SWRCB, in order to satisfy the requirements of Order No. 2006-
0003.
System Evaluation and Capacity Assurance Plan (SECAP)
The System Evaluation and Capacity Assurance Plan (SECAP) is essentially a significant portion of a traditional
wastewater master plan, as it incorporates dry and wet weather wastewater flow projections, design criteria, key
facility capacity, and a prioritized and phased Capital Improvement Program (CIP). IEC will develop wastewater
flow projections on a parcel level utilizing G1S, and develop a system -wide hydraulic model in 1120Map Sewer to
evaluate facilities under peak conditions.
Task 11 Wastewater Flow Projections
IEC will develop existing wastewater flow projections on a parcel level utilizing Sweetwatcx Authority's GIS
database. Annual water meter billing data for the most recent year available will be obtained from Sweetwater
Authority in shapefile format. Water billing records will be linked to National City parcels obtained from the San
Diego Geographic Information Source (SANGIS). Specific attention will be paid to major water users (over
10,000 gpd) to ensure that their water consumption is linked to the correct parcel. Water consumption will be
multiplied by an IEC recommended retum-to-sewer ratio, based on the parcel's zoning as represented in the
SANGIS shapefile. With all existing parcels now allocated a wastewater projection, this information will be
overlaid with the most recent SANDAG population projections available to determine a per capita residential and
employment wastewater duty factor. Wastewater projections for the 5 year, l0 year and 20 year (planning horizon)
time -increments will be developed utilizing SANDAG population projections and available specific plans, such as
the Downtown Specific Plan.
Task 12 Design Criteria
Wastewater system design criteria will be developed that address allowable d/D ratios and maxinrum and
minimum velocities during peak dry and peak wet weather flow conditions.
Peak factors curves will be developed for peak dry and peak wet weather flows based upon existing and new flow
information. I&I allowances will be estimated based on: flow monitoring data; a correlation of recent rainfall
event data with sewer pump station run time data; operations and maintenance data, and discussions with City
Staff.
Task 13 t-lydraulic Model Development
lEC will import all wastewater facilities, as identified in Task 8, into the hydraulic modeling software, H2OMap
Sewer. Data imported into the hydraulic model will include: location; diameter, length, inverts, and pump data.
IEC will develop three (3) sets of steady -state scenarios for each time increment: average dry weather, peak dry
weather and peak wet weather (including I/I). The wastewater projections, peak flow curves and design criteria
developed as part of this Task will be used to evaluate facility capacity in each time increment.
Task 14 Wastewater System Evaluation
IEC will utilize the hydraulic model results to identify any Existing, 5 year, 10 year and 20 year (planning horizon)
defidencies. For wastewater facilities identified as deficient, recommended replacement facilities will be evaluated
based on projected 20 year (planning horizon) wastewater flows. Initial model results of the existing time
increment will be calibrated with available flow monitoring, and pump station data,. Based upon the findings,
adjustments may be made in the model for final calibration, and the modeling simulation regenerated.
An attempt will be made to evaluate collection system alternatives that maximize the use of existing facilities.
Each of these alternatives will be discussed with the City for concurrence prior to performing the hydraulic
analysis. Model output associated with each of the hydraulic simulations will be reviewed for developing an
optimal system configuration strategy.
Task 15 South Metro Interceptor Analysis and Cost of Treatment
Based on the inter -agency agreements collected, IEC will determine the City's available capacity in the South
Metro Interceptor for the Existing, 5 year, 10 year and 20 year (planning horizon) time increments. Utilizing the
results from the hydraulic model, IEC will determine the total projected flow in each time increment for the South
Metro Interceptor. IEC will determine if there is available capacity in each time increment in the South Metro
Interceptor. If there is insufficient capacity in the South Metro interceptor, IEC will identify the additional
capacity required in each time increment. IF.0 will utilize current City of San Diego wastewater treaunent invoices
submitted to the City in order to determine current costs and estimated future costs of wastewater treatment.
Task 16 Capital Improvement Program and Engineering Cost Estimates
Using the hydraulic modeling results, iEC will develop a Wastewater Capital Improvement Program (CIP)
through the 20 year planning horizon that clearly outlines the findings of City's deficiencies, priorities, and related
sewer system costs. A comprehensive list of Capital improvements that address both existing deficiencies and
future needs based upon projected wastewater flows will be included in the CIP. The CIP will be phased and
prioritized based upon the Existing, 5 year, 10 year and 20 year (planning horizon) costs. Recommended
wastewater system improvements will include pipeline, pump station and force main improvements necessary to
meet existing and future flows. Engineers construction cost estimates will be developed for each capital project
that includes cost for design, construction, and administration. Estimates of probable capital costs provided will
represent Order of Magnitude level costs as established by the American Association of Cost Engineers (AACE)
and represent an accuracy of +50"/0 to -30%.
The City's SECAP will be summarized in a Technical Memorandum, and submitted to the City for review and
comment. I Ipon the incorporation of all City comments, these documents will be submitted in the proper format
to the SWRCB, in order to satisfy the requirements of Order No. 2006-0003.
Task 17 Preparation of Final SSMP Report
IEC will prepare a Sanitary Sewer Management Plan (SSMP) for the City. The SSMP will contain an Executive
summary that summarizes the key components of die management plan. The SSMP will be designed to read well
to non -technical staff, members of the board of directors, and the general public.
The SSMP will include recommendations for monitoring the success of the SSMP, as well as a recommended
internal audit program to monitor and measure the SSMP program. 'These recommendations will also include a
communication program so that the City may communicate on a regular basis with the public on the
development, implementation, and performance of its SSMP. The communication system shall provide the public
the opportunity to provide input to the City as the program is developed and implemented.
Five (5) draft copies of the SSMP report will be submitted to the City for review and comment. Upon
incorporation of all City comments, five (5) final copies and one unbound copy for reproduction purposes will be
submitted to the City. In addition, one electronic copy of the SSMP in adobe .pdf format and MS Word format
will be submitted to the City. The electronic copies will include all figures contained in the original SSMP
document. IRC will assist the City in properly filing the final and adopted SSMP with the SWRQB and Regional
Water Quality Board, if necessary.
JULY 2006
HOURLY CHARGE RATE AND
EXPENSE REIMBURSEMENT SCHEDULE
Professional;
Engineering Intern/Technician $ 60.00
CADD Designer 1/Engineer 1 $ 90.00
Graphic Designer $ 100.00
CADD Designer 11 / Engineer II $ 95.00
CADD Designer 111 / Engineer ill $ 105.00
Senior Designer/Project Engineer.........$ 120.00
Senior Project Engineer $ 135.00
Senior Project Engineer Planning & IS$ 140.00
Project Manager $ 150.00
Senior Project Manager $ 165.00
Principal $ 170.00
Principal Planning & IS $ 170.00
Administrative
Administrative Clerk $ 45.00
Word Processor/Admin. Support $ 60.00
*Construction
Senior Construction Observer $ 105.00
Resident Engineer $ 125.00
Construction Manager $ 140.00
Sr. Construction Manager $ 150.00
CM Coordinator $ 80.00
Subconsultants will be billed at cost plus 5% unless specified otherwise in the agreement.
Reimbursable Costs
Reproduction, special photography, postage, dcliveay services, express mail, printing, travel, parking, and any
other specialty services performed by subcontractor will be billed at cost plus 15%.
Mileage will he billed at the current IRS allowed rate.
* Field personnel rates arc inclusive of vehide, mileage, phone, computer, etc.
lee
•
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SANTARY SEWER MANAGEMENT PLAN
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1.'23/2007
P ACQ 9520 CERTIFICATE OF34-61LIABILITY INSURANCE
MS
vrgnac & Associates
.0 a Street, Suite 1800
San Diego, CA 92101-8005
Dorothy Amundson
INSURED
Infrastructure Inginaering Corporation
14171 Danielson Street
Poway, CA 92064
DATE (MWDO/YY)
02/14/07
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURER B.S _Specialty Insurance Campea_y
INSURFRR Trava1ers Catualty Insurance Ctspany of America
INSURER CUnited States Pidelity 6 Guaranty Company
IMuLRFR O.
JNSL/RER E:
COVERAGES
THE P01 ICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLJCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
Yn, LaaTS _ ._ _.
Mna-LER TYPE OF INSURANCE POLICY IaRMBER POMP
TE POMP
C 6ENERAI &Ms1UTY BK02069170 02/13/07 02/13/08 I EACH OCCURRENCE $3.000,000
X COIAMERGAL GENERAL LIABILITY FIRE DAMAGE (Any we fire, S 1, 000, 000
CI AIMS NAVE x - OCCUR MED CXP (Any one patio.) S 10, 000
X - BIanket Contractual PERSONAL IADVINUURY s 1.000,000
X Broad Porn GENL/AJ AGGREGATE S 2.000,000
GIRL AGGREGATE UNIT APPLWS PER PRODUCTS • CGAAPIOP AGO s 2,000,000
POLK:Y X .C� LUC
C AUTOM08ILE IIABIUTY BR03069170 02/13/07 02/13/08
GOWNED SINGLE. LIMIT - 1, 000, DOO
ANY AUTO (Ea X N!
ALL UWNTD AUTOS
.... - SOMA (NARY S
SCHEOUIEU AUTOS , IPer pemo,)
X HIHULAUTOS - 90oLLY INJURY - - _ -_ --
_X NON! ONNLU AUTOS - tPe. acement) S
X NO Company Owned Antos
_ . _ - _ __..____ PROPERTY DAMAGE - S
(Per accOwd) -
GARAGE LIABILITY AUTO O/4V EA AccIOEM S
-
. _ ANY A117 () OTHER THAN EA ACC
AUTO ONLY. AGG S
EXCESS LABILITY EACH OCCURRENCE S
OCCUR CLAIMS MADE AGGREGATE S
- DE1XX:nOLE s
RCTFNDON _ - s
a WORKERSCOMPEMSATIONANO DB5863Y986 02/13/07 02/13/09 X; lYVCOHYSTATLL
L._._..
EMPLOYERS'UABILIn _ _ y16T,j._ ECi_
LLEACH ACClotNr S 1,000,000
FA DISEASE • FA EMPLOYEES 1. 000.000
C L DISEASE - POLICY I ma E 1. 000, 000
OTHER
A Professional Liability US071212402 02/13/07 02/13/08 Leek Clain ` 1,000,000
Aggregate 52,000,000
L
DE$C PTION OF OPERAMO S&0 ATIONS IENICLESIEXCtU91ONS aO0ED BY ENOONSEMENT/9PECAL PROVISIONS
Professional Liability - Claims made fora, aggregate limit policy. defense costs included within limit of liability.
RR, Downtown Sewer Dpsizing/2BC Project 0031,1IATL.0008. City of National City, its officers, agents, and employees are
named as Additional Insured with respect to Cenral Liability per attached and Auto Liability included in policy form.
CERTIFICATE HOLDER
ADDITIONAL INSURED. INSURER LETTER:
CANCELLATION 10 days NOC for non-payment of premium.
City of National City
.o: Stephen M. Rirkpatri ck
i443 National City Blvd.
I
National City, CA 91950
USA
SHOULD ANY OF THE ABOVE DESCRIBLD POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 OATS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE L Ei1. BUT FAILURE TO 00 SO SHALL
BIPOSE NO OBLIGATION OR LLABIUTT OF ANY KIND UPON THE INSURER. RS AGENTS OR
REPRESENTATIVES.
AUTNORIIED REPRESENTATIVE
ACORD 25-S (7/97) Ratberine
5671971
O ACORD CORPORATION 198E
Named Insured: Infrastructure Engineering Corporation
Policy NUirber : B3 02069170
Owners, Lessees Or Contractors (Form C)
ADDITIONAL INSURED Effedive: 02/13/07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
LIABILITY COVERAGE PART.
Schedule
Name of Person or Organization:
City of National City, its officers, agents, and employees
SE: Downtown Sewer vpsising/IEC Project 41031.NATL-0000
1. SECTION II - WHO IS AN INSURED is amended to include as
an insured the person or organization shown in the
Schedule. but only with respell to liablity arising out of
"your work" for that insured by or for you.
2. With respect to 1. above the following additional provision
applies:
SECTION IV. 5. Other Insurance is replaced by the
following:
5. Other Insurance
The insurance afforded by this Coverage Part is
primary insurance and we will not seek contribution
from any vald and collectible 'other insurance
available to the insured unless the
Cl/BF 2235 G999
valid and collectible "other insurance is provided by
a person or organization who is not shown in the
schedule. Then we will share with that valid and
collectible "other insurance' by the method described
below.
If all of the valid and collectible "other insurance
permits contribution by equal shares, we will folow
this method also. Under this approach, each insurer
contributes equal amounts until it has paid its
applicable fimit of insurance or none of the toss
remains, whichever canes first.
if any of the valid and collectible "other insurance'
does not permit contribution by equal shares, we will
contribute by limits. Under this method, each
Insurer's share is based on the ratio of its applicable
limit of insurance to the total appkcable limits of
insurance of all insurers.
Includes ..qy gIved malenal of Inueance e Sensces 015ce, Inc.. vet es Mom...
CopyngNed. Insolence Seences Ofke. Int.. 390e
Page 1 oft
Company Profile
Introduction
Infrastructure Engineering Corporation (IEC) is an engineering and construction
management consulting firm primarily serving public agency clients. IEC serves its
local and regional clients with a commitment to service and quality. Our founding
philosophy is to build a firm based on exceptional client service and employee
satisfaction.
IEC has a full staff of engineering and construction professionals including project
managers, construction managers, engineers, diners, and construction inspectors.
We believe that our staff is our greatest resource and we continue to grow to meet
the needs of our clients. As a mid -size firm, we strive to develop close working
relationships and have the ability to respond quickly to our clients needs. Our size
allows us to mobilize and respond quickly to assist with an emergency situation or with
a fast -track project, while maintaining sufficient staff and resources to manage large
multi discipline projects.
Services We Provide
IEC provides a full range of civil engineering and construction management services
from project conception and preliminary planning through project completion. Our
staff has substantial experience in the management of public infrastructure projects.
We understand that projects today are driven by a balance of economical, social, and
political factors. We believe in working in partnership with our clients to meet these
rhallenges to deliver successful projects.
IEC offers a full range of engineering planning services
that includes water/wastewater and reclaimed water
master planning, hydraulic modeling, feasibility strulYS
drainage studies and Geographic Information System
(GIS) services.
Our in-house capabilities include project management,
civil and mechanical engineering and design, as -needed
municipal services, water and wastewater master planning
and hydraulic modeling, GIS design and implementation,
and construction management and inspection services
For multi -discipline assignments we use our established
relationships with recognized specialty firms that support
us with electrical, structural, architectural, surveying,
gcotechnical, environmental, corrosion engineering
and other services. Our experienced construction
management staff is capable of managing a wide variety
of complex infrastructure projects. The following table
highlights some of our firm's capabilities.
Company Profile and Statement of Qualifications
:ram_
rm.
12
Firm Capabilities
Potable/Wastewater/Reclaimed Water Master Plans
Hydraulic Modeling
Feasibility Studies
Pipeline/Reservoir Siting Studies
Preliminary Engineering & Final Design Plans
Energy Consumption Audits and Overall Efficiency Analysis
Alternative E ectrical Power Source(s) Studies
Drainage Studies
Geographic Information Systems (GIS) Services
Hydraulic Model Training
Reservoirs
Steil
Conventional Reinforced Concrete
Circular Prestressed Concrete
Rehabilitation
Pipelines
Major Transmission Mains
Interceptor St.wtas
Collections Mains
Distribution Systems
Rehabilitation
Ttenchless Technologies
Microtunnel/Pipe Jacking
Directional Drill
Pipebursting
Sliplining
Trencbless Rehabilitation
Company profile and Statement of Qualifications
Water Pump Stations
Wastewater Lift Stations
Well Head Facrlities
Pressure Reducing Stations
Flow Control/Meter Facilities
Disinfection Facilities
General Civil
Grading Phan
Storm Drain Facilities
Street Imprbventents
Site Improvements
Corporate Information
4
Corporate Address: 14271 Danielson Street
Poway, CA 92064
Phone: (858) 413-2400
Fax: (858) 413-2440
Oceanside Address: 717 Pier View Way
Oceanside, CA 92054
Phone: (760) 529-0795
Fax: (760) 529-0785
Orange County Address: 5242 Katelia Ave
Suite 205
Los Alamitos, CA 90720
Phone: (562) 344-9060
Fax: (562) 344-9055
Contact:
Email:
Preston "Skip" Lewis - President
plcwis@iecorporation_com
Web: wwwiecorporation_com
Business Form: State of California - Subchapter C Corporation
DUNS # 10-663-0523
NAICS code(s): 541330 - Engineering Services
'- " "''"— • -"-~~ t• 541340 - Drafting Services
esrtatrasto
..."..r,....,......".ti,... 234110 - Highway and Street Construction Management
-- -PaIdasa
'""""' " •
— _ .. 237110 - Water; Sewer and Pipeline Construction Mgmt
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ecr. r.•...r .r.. w.-J ...a... -.borer"-. S.. "•-�-'*.w.a
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Ir•'..YRYIM.''.1M.arY:=.•'.. �•.. saws . I::.,-J1.1'MYc
Certifications: Small Business Enterprise
Certified by the State of California, Department of General
Services, Procurement Division, Office of Small Business and
DVBE Certification as of November 15, 2004
Certified SCOOP firm, San Diego County Water Authority
Company Profile and Statement of Qualifications
IEC
Firm Capabilities
13
Company Profile and Statement ot Qualifications
IEC
Key Personnel
Preston "Skip" Lewis, P.E. - President/Senior Project Manager
Mr. Lewis has more than 20 years of experience in project management and
engineering of public infrastructure projects He specializes in potable water,
wastewater and reclaimed water facilities planning, design/engineering services, project
construction and start-up. He has managed large projects in excess of $30 million
dollars in construction value. Mt Lewis is responsible for project quality and technical
reviews at IEC while also serving as its president Skip has a Bachelors of Science
degree from Gonzaga University and a Masters m Business Administration from
National University.
Amy R. Czajkowski, P.E. - VP/Senior Project Manager
Ms. Czajkowski has 15 years of experience working in the water and wastewater field.
Her expertise includes hydraulic modeling, master planning, disinfection, pipeline
design, and construction administration. Ms Czajkowski is a graduate of Virginia
Polytechnic Institute and State University (aka. Virginia Tech) with a Bachelors of
Science degree in Civil Engineering Amy has previously served as the Chair of the
San Diego chapter of the ASCE Pipeline and Environmental Group. Amy is also
active in local charity and service organizations in the San Diego metropolitan area.
Rob Weber, P.E. - VP/Senior Project Manager
Mt Weber has 16 years of experience in project management and engineering He
has extensive experience in pipeline, reservoir and pump station planning and design.
Mr. Weber has successfully worked with clients to secure permits, project community
acceptance, and interagency approvals. Rob is a graduate of State University of New
York at Buffalo with a Bachelors of Science degree in Civil Engineering Rob also
currently serves in the US Army Reserves.
Scott Humphrey, P.E. - Senior Project Manager
Mc Humphrey has over 13 years of experience in Water, Wastewater, and Reclamation
Master Planning„ Water and Wastewater Hydraulic Modeling, and Geographic
Information Systems (GIS). He has specialized in the development of master plans
and hydraulic models through GIS integration. He is knowledgeable in computer
hydraulic modeling using WatetCAD (Cybernet) 6.5, SewerCAD 5.5, H2ONET 4.6,
H2OMap Scorer 5.5, H2OMap Water 43, INFOSewer, 15, INFOWater 1.5, HYDRA
6.2, and XP-SWMM. He is knowledgeable in Geographic Information Systems (GIS)
using AtcView GIS 3.3, ArcINFO, ArcGIS 8.3 and AutoCAD Map 5.0.
Tom Frank, P.E. - Senior Project Manager
Mt Frank has over 19 years of experience in project engineering, project management
and construction management of public infrastrucinre projects working in the
municipal environment. His expertise includes extension of staff services, retrofitting
existing street improvements, facilities site studies and design, stormwater quality
program management, capital improvement program management, development
review„ plancheckingg, assessment engineering and construction management Tom
currently serves as a Director of the San Diego and Imperial Valley chapter of the
APWA. Tom is also serving as a traffic commissioner for his home town of Encinitas.
Company Profile and Statement of Qualifications
IE(
Sarita Lemons, P.E. - Director/Senior Project Engineer
Ms Lemons has 9 years of experience and has served as project engineer on numerous
complex and challenging assignments. Ms. Lemons is a graduate of the University
of Wyoming with a Bachelors of Science degree in Civil Engineering. She is currently
serving as Director of the ASCE - Younger Member Forum and actively participates in
the community through local civic organization&
Bob Moore - Principal Construction Manager
Mc Moore has over 20 years experience in construction management, contract
administration, inspection and quality control of heavy civil construction projects
including, water and wastewater treatment plants, concrete and steel reservoirs, pump
stations, semiconductor material plant, baseball stadium, bridge and highway, public
utilities, commercial and residential developments He is an active member of CMAA
and is affiliated and certified by the International Conference of Building Officials and
the American Welding Society.
Jeff Kirshberg, PhD, P.E. - Senior Project Engineer
Dc Kirshberg has over 10 years of master planning and hydraulic modeling experience,
including wastewater collection systems, watcr distribution systems, sewer force
mains, pump stations, wet webs, and treatment plants. He holds a doctorate in fluid
mechanical engineering with an emphasis in applied mathentaticsfrom the University
of California, Berkeley.
Jon Wells, P.E. - Senior Project Engineer
Mc Wells has over 7 years of master planning and hydraulic modeling experience,
specializing in Geographic Information System (GIS) analysis using Arclnfo, AzcView,
and AutoCAD Map software. His extensive water and wastewater hydraulic modeling
experience includes a focus m developing database tools for the hydraulic, financial,
and management analysis required for connection fee studies, rate studies, and Sanitary
Sewer Management Plans (SSMPs). Mr. Wells holds a Master's Degree from Stanford
University in Environmental Engineering and Science.
Company Profile and Statement of Qualifications
IEC
Staff Qualification Summary
Employee Name
Scott Adamson, P.E.
Marius JaskufarRt
Rafael Juarez, EJ.T.
Stuart N4ergusttr".
Ken Beck
MikeTthdale
Paul Trujillo
John Khmuszko,
Ken O'Connor
"Then lambertson, RE
Tom Schechter
RomGonzales
Danny Robinson
Patrick He! mlan
Nancy Carlisle
kiejd,MOsiitt
Jennifer Repetto
Vick Shaw
Latasha Reid
Annette Grier
a
Resident Engineer
Rastdatit Enginee
Resident Engineer
t
Resident Engineer
Resident Angina&
Resident Engineer
te$10ent" iar;
Resident Engineer
PtOjectbgateet
Education/Certifrcations
CvS1t#'eanty
B.S. Civil Engineering
B.b. rrtmg
B.S. Civil Engineering
B A. Geography
B.S. Civil Engineering
Gtvtf F ..
Construction Inspector currently enrolled at SDSU
Coststtucpbn ltrspecr ttz ; -
Construction Inspector
COnsttocuon'.Itisp s
CM Coordinator
gG ot4*natra B e1 ' i#ter
Marketing Communications
Coordinator
FIR/Accounting homer
I iuman Resources
Administrative Assistant
pai90gac Gam,
Kstlsm staie ovecsity
B.A. Art (Graphic Design)
B.A. Human Resources
Years Experience
2(1
9
12
19
18
14
25
15
8
4
2
10.
Company Profile and Statement of Qualifications
!EC
Staff Qualification Summary
Employee Name
Presto 'Skip' tewtsc I .
Amy Czajkowski, P.E.
Rob Weber, P.
Scott Humphrey, P.E.
Tom`Frahk RE.
Sarita Lemons, P.E.
JeffKirshberg. P.E;PhI
John Welk, P.E.
David Padilla, P.E."
Dolores Ventura, P.E.
Ark Gnesa, P.E.
Patrick Mulvey, P.E.
GotyLaNeave, P.E.
Romi lida
Jamie Nordtiutst,
Rich Goodman
Karen Rlrnmlck
David Nguyen
Bob Moore
Leslie Wiegand, P.E.
Dale Shrum
Geoff Warrick, P.E.
17
Assignment
Aocipai
Senior Project Manager
Senior Project Man g&
Senior Project Manager
SentorPt6ject Mang t
Senior Project Engineer
Senior Project Etter
Senior Project Engineer
Sntinr.Pr.(*.cGE>sgiaec
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Company Profile and Statement of Quakfications
Education/Certifications
BS. Civil Ei ineei ng.
B.S. Civil Engttteenng
B.S. Civil'En nee[mg
BS. Chemical Engineering
B.S.. Civil' *, M
B.S. Civil Engineering
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B.S. C,ivilEMOrkeeing
Muir Tech nieal Coikge,
CARD Certification
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Sao Diego State iinrvctsityi;
B.S. Mechanical Engineering
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Years Experience
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City of National City, California
COUNCIL AGENDA STATEMENT
.MEETING DATE July 10, 2007
AGENDA ITEM NO.
5
ITEM TITLE Continued Public Hearing — Planned Development Permit to Construct a Single-family
Residence on a 12,200 Square foot Lot Containing an Existing Residence at 2901 Leonard Street. Applicant:
Roy Di Stefano, Case File No. PD-2006-4, APN 564-g71-09
PREPARED BY Peggy Chapin, 336-4319
DEPARTMENT Planning
EXPLANATION The Planning Commission held a public hearing on April 2, 2007 and voted to approve the
Planned Development Permit. A Notice of Decision was scheduled for April 17, 2007; however the Council
requested the project be set for a public hearing within 30 days. A public hearing was held on May 15 and at that
time, the Council advised the applicant to redesign the project. On June 19, the applicant requested a two -week
continuance. The public hearing was continued until July 10, 2007.
The attached background report describes the proposal in detail and the changes proposed by the applicant since
the previous public hearing.
Environmental Review x N/A Exempt
Financial Statement N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Staff recommends approval.
BOARD / COMMISSION RECOMMENDATION
The Planning Commission Approved the Planned Development Permit.
Ayes — Alvarado, Baca, Carrillo, De LaPaz, Flores, Pruitt Nayes: Reynolds
ATTACHMENTS ( Listed Below) Resolution No.
1. Background Report
2. Location Map
3. Proposed Conditions of Approval
4. Planning Commission Resolution No. 19-2007
5. Notice of Exemption
6. Applicant's Proposed Plans
A-200 (9/99)
Background Report
Request:
The project site is a 12,200 square foot parcel located on the north side of Leonard Street,
adjacent to Granger Junior High School. Since the property is over 10,000 square feet a
second unit may be constructed as permitted within the RS-3-PD Extendible zone upon
approval by the City Council. The project site contains an existing single-family
residence constructed in 1967. The original residence contained 706 square -feet and in
1992, the house was expanded and a second story and carport were constructed. Several
inoperable vehicles and tents containing vehicle pans are located within the rear yard.
The applicant is proposing to construct a two-story 5,352 square foot single-family
residence at the rear portion of the property, closest to 24`h Street. The proposed residence
would contain a 750 square -foot 3-car garage, a 250 square -foot workshop, a 1,800
square -foot gym and gaine room, and a bathroom on the first floor, while the living
quarters, on the second level, would contain six bedrooms, four bathrooms, living room,
dining room and kitchen. The architectural elevations of the new residence reflect a dark
brown shingle roof, tan stucco exterior, arched windows, rock facade, and two balconies off
of the master bedroom with decorative wrought iron railing (see attached plans). As
proposed, the development complies with all applicable Land Use Code requirements for
setbacks, parking, and height limits.
Since the City currently does not have plans to improve 24'h Street, access to the rear home
would be provided from Leonard Street. Access to the existing home would continue to be
provided from Leonard Street, as well. Due to the demolition of the existing carport to
provide access to the rear residence, two parking spaces behind the front yard setback
would be constructed. A three car garage and an additional parking space in the front
yard would serve the new residence. A total of three spaces would he contained within
the front yard.
Prior Public Hearings_
The application was considered and approved by the Planning Commission on April 2,
2007. On April 17, 2007, the Council set the project for a public hearing. A public
hearing was held on May 15 and at that time, the Council advised the applicant to
redesign the project. On June 19, the applicant requested a two -week continuance. The
public hearing was continued until July 10, 2007.
Revisions to the Proposed Plan
Since the Council hearing of May 15th, the applicant submitted revised plans that indicate
his intent to demolish a 278-square foot laundry room/workshop addition at the rear of
the existing residence. Removal of the addition would provide for a 36-foot separation
between the two residences, allow for adequate vehicle turnaround, provide more open
space and landscaping, and eliminate an addition containing numerous building code
violations.
Summary:
Similar development of two residences on one parcel has occurred along Leonard Street.
Eight parcels, four properties along the north side of Leonard Street contain two residences
while four parcels along the south side of Leonard Street, within the County of San Diego,
contain more than one residence. Over time, other property owners may enlarge their
residence or add another unit on the property. Recently, the Planning Commission approved
a similar development to the east of this property on Leonard Street.
Although, the overall size and scale of the proposed residence seems out of scale with the
surrounding development, staff has worked with the applicant and the architect to revise the
plans. The revisions include arched windows at the rear and front elevations, two balconies
and hip and gable rootlines. Additionally, removal of the rear addition would provide
additional landscaping, open space, and an area for vehicles to maneuver behind the existing
residence
Conditions of Approval reflect Engineering and Fire Departments requirements and the
standard Sweetwater Authority requirement to ensure that water facility improvements
are completed as necessary for the development. Additional Conditions were added that
would require that the applicant secure the rear gate to restrict access from 24th Street,
demolition of the laundry/workroom addition at the rear of the existing residence and
removal of inoperable vehicles on the site prior to obtaining any building permits for the
new residence.
2
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ZONE BOUNDARY — — — - PROJECT LOCATION
CITY BOUNDARY =- u
LOCATION MAP
Planned Development Permit for a new single-family residence on
a lot with an existing residence at 2901 Leonard Street PD-2006 4
NATIONAL Cl3TY PLANNING
DRN. DATE:
3/21/07
INITIAL
HEARING:
4/02/07
CONDITIONS OF APPROVAL
PD 2006-4, 2901 Leonard Street
1. This Planned Development Permit, PD-2006-4, authorizes the development of an
approximately 5,352 square -foot single-family residence and three -car attached
garage at the rear of the lot at 2901 Leonard Street. All plans submitted for permits
associated with the project shall conform to Exhibit A Revised, Case File No. PD-
2006-4, dated 3/28/07.
2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the
California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all
necessary environmental filing fees for the San Diego County Clerk. Checks shall be
made payable to the County Clerk and submitted to the National City Planning
Department. At this time, the filing fee is $50 for a Notice of Exemption or Notice of
Determination, $1,800 for a Negative Declaration or Mitigated Negative
Declaration, and $2,500 for an Environmental Impact Report.
3. A detailed landscape and underground irrigation plan, including plant types,
methods of planting, etc. shall be submitted prior to issuance of building permits for
review and approval by the Planning Director. The landscape plan shall indicate a
minimum of two 15-gallon street trees, trees, shrubs, and ground cover for all areas
that are disturbed as a result of the development and shall reflect the use of drought
tolerant planting and water conserving irrigation devices. The plan shall indicate the
areas necessary for driveway access to the new residence, adequate backup space
and for the new parking spaces and carport in front of the existing residence. All
other areas not required for driveway parking shall be removed and landscaping and
irrigation provided.
4. 'l'he laundry room and workshop addition at the existing residence shall he removed
prior to issuance of a building permit for the new structure.
5. All inoperable vehicles shall be removed from the property prior to issuance of a
building permit for the new structure.
6. The applicant shall provide a minimum 20' wide driveway to the proposed
residence. All areas not required for the driveway at the front yard and between the
two residential units shall be removed and landscaping and irrigation shall be
installed prior to building permit issuance.
7. The rear gate bordering the unimproved 24`h Street shall be secured to restrict any
access until such time that 24th Street has been improved to a public street. The
applicant may request from the Engineering Department to use 24th Street for access
during construction providing appropriate measures are in place to control erosion
and silt runoff and the access is not blocked for emergency vehicles.
4
8. The Land Use Code requires four parking spaces for the proposed residence and
one covered and one uncovered spaces for the existing residence. The applicant
will remove the existing carport and deck prior to issuance of a building permit
for the new residence to accommodate a driveway to the new residence. Two
parking spaces, one covered, located a minimum of 20 feet from the front
property line will serve as replacement parking spaces for the existing residence.
The new residence will be served by a three car garage and one uncovered space
within the front yard. All parking spaces required for this development shall be
located a rninimum of 20' from the front property line, to the satisfaction of the
Planning Director.
9. The building plans shall indicate at a minimum a one car covered carport for the
existing residence to replace the carport being removed. The carport shall be
constructed of similar materials and color to match the existing residence and shall
he located at minimum of 20' from the front property line. The carport shall be
completed prior to the issuance of the certificate of occupancy for the new residence.
10. Plans must comply with the 2001 editions of the California Building Code, the
California Mechanical Code, the California Plumbing Code, the California Electrical
Code, and California Title 24 energy and handicapped regulations.
l I . A drainage plan shall he submitted showing all of the proposed and existing on -
site and off -site improvements. The plan shall he prepared by a Registered Civil
Engineer, or other qualified professional, and shall be in accordance with the City
requirements.
12. The Priority Project Applicability checklist for the Standard Urban Store -water
Mitigation Plan (SUSMP) is required to be completed and submitted to the
Engineering Department. The checklist will be required when a project site is
submitted for review of the City Departments. The checklist is available at the
Engineering Department. If it is determined that the project is subject to the
"Priority Project Permanent Storm Water BMP Requirements" and the City of
National City Storm Water Best Management Practices of the Jurisdictional
Urban Runoff Management Program (JURMP) an approved SUSMP will be
required prior to issuance of an applicable engineering permit. The SUSMP shall
be prepared by a Registered Civil Engineer.
13. The Best Management Practices (BMPs) for the maintenance of the proposed
construction shall be undertaken in accordance with the National Pollutant
Discharge Elimination System (NPDES) regulations, which may require a Storm
Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP
will be required prior to issuing of a construction permit.
14. All surface run-off shall be collected by approved drainage facilities and directed
to the street by sidewalk under drains or a curb outlet. Adjacent properties shall
be protected from surface run-off resulting from this development.
5
15. A sewer permit will be required for the new residence. The method of sewage
collection and disposal shall be shown on the drainage plan. Any new sewer
lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer
stamp "S" shall be provided on the curb to mark the location of the lateral.
16. A 5-foot street right-of-way shall be dedicated to the City of National City on
Leonard Street.
17. A permit shall be obtained from the Engineering Department for all improvement
work within the public right-of-way, and any grading construction on private
property.
18. Street improvements shall be in accordance with City Standards.
19. A title report shall be submitted to the Engineering Department, after Planning
Commission approval, for review of all existing easements and the ownership at
the property.
20. A cost estimate for all of the proposed grading, drainage, street improvements,
landscaping and retaining wall work shall be submitted with the plans. A
performance bond equal to the approved cost estimate shall be posted. Three
percent (3%) of the estimated cost shall also be deposited with the City as an
initial cost for plan checking and inspection services at the time the plans are
submitted. The deposit is subject to adjustment according to actual worked hours
and consultant services.
21. The applicant shall submit to the Fire Department a letter from Sweetwater
Authority stating existing fire flow. If determined by the Fire Department that
additional improvements arc needed, the developer shall enter into an agreement
for the water improvements with the Authority prior to obtaining the final map
approval.
22. Separate water and sewer laterals shall be provided to each residence.
23. Project is to be designed, developed and constructed in compliance with the
California Fire Code (CFC) 2001 edition and the most current National Fire
Protection Association (NFPA) Standards as adopted by the City of National City.
Fire access is required. Access roadway minimum size requirements are 20-feet
minimum width with a vertical clearance of 13-feet six -inches. If the roadway is
150-feet or greater, an approved turnaround will be required. If an access roadway
cannot he provided then an approved automatic tiro sprinkler system may be
substituted.
24. Television cable companies shall be notified a minimum of 48 hours prior to filling
of cable trenches.
6
25. As stated in City Resolution 1491, the owner will be required to remove and replace
any broken street improvements, such as curb and gutter, sidewalk, and driveway
aprons, as determined by the Engineering Department.
26. The owner will be required to secure the gate facing the alley. All access to the
proposed residence will be provided from i.,conard Street.
27. A permit shall be obtained from the Engineering Department for all improvement
work within thc public right-of-way, and any grading construction on private
property.
28. Project to be designed, developed and constructed in compliance with the California
Fire Code (CFC) 2001 edition or CFC in effect at time of permit issuance and the
most current National Fire Protection Association (NFPA) Standards as adopted by
the City of National City.
29. Minimum required fire flow will be 2,000 gpm measured at 20 psi residual pressure
with a two hour flow duration.
30. Fire Department access will be required. Access roadway to be of all weather
constriction with a minimum clear width of 20 feet and minimum clear vertical
height of 13 feet 6 inches.
31. It is highly reconunend that this structure have a fully automatic fire sprinkler
system installed. With the installation of a fire sprinkler system minimum fire flow
requirements will he reduced to 1,000 gpm measured at 20 psi residual pressure with
minimum 2 hour flow duration.
32. The address of the proposed home must be clearly visible from the street, per
approval from the National City Fire Department.
33. Exterior walls of freestanding fences/ walls to a height of not less than 6-feet shall he
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.
34. Before this Planned Development Permit shall become effective, the applicant and
the property owner both shall sign and have notarized an Acceptance Form,
provided by the Planning Department, acknowledging and accepting all conditions
imposed upon the approval of this permit. Failure to return the signed and notarized
Acceptance Form within 30 days of its receipt shall automatically terminate thc
Planned Development Permit. The applicant shall also submit evidence to the
satisfaction of the Planning Director that a Notice of Restriction on Real Property is
recorded with the County Recorder. 'flit applicant shall pay necessary recording
fees to the County. The Notice of Restriction shall provide information that
conditions imposed by approval of the Planned Development Pernrit are binding on
7
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.
35. Approval of the Planned Development Permit expires one (1) year alter adoption of
the resolution of approval at 5:30 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.
8
RESOLUTION NO. 19-2007
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A PLANNED DEVELOPMENT PERMIT
FOR A NEW SINGLE FAMILY RESIDENCE
ON A 12,200 SQIJARF. FOOT PARCEL
WITII AN EXISTING HOME AT 2901 LEONARD STREET
APPLICANT: ROY DI-STEFANO
CASE Fl1.,E NO. PD-2006-4, APN 564-071-09
WHEREAS, the Planning Commission of the City of National City considered a Planned
Development Permit application to construct a 5,352 square tbot residence and three -car garage
on a 12,200 square foot lot 2901 Leonard Street, at a duly advertised public hearing held on April
2, 2007 at which time oral and documentary evidence was presented; and,
WIIEREAS, at said public hearing the Planning Commission considered the stall report
contained in Case File No. PD-2006-4, maintained by the City and incorporated herein by
reference along with evidence and testimony at said hearing; and,
WHEREAS, this action is taken pursuant to all applicable procedures required by State
law and City law; and,
WHEREAS, the action recited herein is found to he essential for the preservation of
public health, safety, and general welfare.
NOW, 'I'HEREFORE, BE IT RESOLVED by the Planning Commission of the City of
National City, California, that the testimony and evidence presented to the Planning Commission at
the public hearing held on April 2, 2007, support the lollowing findings:
I. The site for the proposed use is adequate in size and shape, since the 12,200 square foot
parcel can accommodate a second single-family residence, required covered and uncovered
parking, and complies with required setbacks.
2. The proposed density of 7.1 dwelling units per acre is consistent with the maximum
residential density allowed by the General Plan for the RS-3-PD Zone of 8.7 dwelling
units per acre.
3. The site has suilicient access to a public street that is adequate in width and pavement type
to carry the volume and type of traffic generated by the proposed use, since the addition of
one single-family home will result in an insignificant increase of Average Daily Trips
(AD1') over the previous use and access from the unpaved 24`h Street will be restricted from
use until such time that the street is irnproved.
4. The proposed use will not have an adverse effect upon adjacent or abutting properties, since
the required setbacks and building height will he met, and since required off-street parking
will be provided.
9
5. 'l'he proposed use is deemed essential and desirable since it .cults in the creation of an
additional quality residential opportunity in an area identified by the Combined General
Plan/Zoning Map which allows two residential units for an existing legal lot provided a
minimum of 5,(X)0 square feet is provided for each residence.
BE IT FURTHER RESOLVED that the application for Planned Development Permit to
construct a 5,532 square -foot single-family residence on a 12,200 square -foot lot with an existing
home at 2901 Leonard Street is approved subject to the following conditions:
1. This Planned Development Permit, PD-2006-4, authorizes the development of an
approximately 5,352 square -foot single-family residence and three -car attached garage at
the rear of the lot at 2901 Leonard Street. All plans submittcxl for pennits associated with
the project shall conform to Exhibit A Revised, Case File No. PD-2006-4, dated 3/28/07.
2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California
Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary
environmental filing fees for the San Diego County Clerk. Checks shall be made payable to
the County Clerk and submitted to the National City Planning Department. At this time, the
filing fcc is $50 for a Notice of Exemption or Notice of Determination, $1,800 for a
Negative Declaration or Mitigated Negative Declaration, and $2,500 for an Enviromnental
Impact Report.
3. A detailed landscape and underground irrigation plan, including plant types, methods of
planting, etc. shall be submitted prior to issuance of building permits for review and
approval by the Planning Director. The landscape plan shall indicate a minimum of two 15-
gallon street trees, trees, shrubs, and ground cover for all areas that are disturbed as a result
of the development and shall reflect the use of drought tolerant planting and water
conserving irrigation devices. The plan shall indicate the areas necessary for driveway
access to the new residence, adequate backup space and for the new parking spaces and
carport in front of the existing residence. All other areas not required for driveway parking
shall be removed and landscaping and irrigation provided.
4. Any electrical and plumbing attached to the accessory stricture that does not comply with
current building codes shall be removed and appropriate building permits shall be obtained
prior to issuance of the new residence.
5. The applicant shall provide a minimum 20' wide driveway to the proposed residence. All
areas not required for the driveway at the front yard and between the two residential units
shall be removed and landscaping and irrigation shall be installed prior to building permit
issuance.
6. The rear gate bordering the unimproved 24th Street shall be secured to restrict any access
until such time that 24°1 Street has been improved to a public street. The applicant may
request from the Engineering Department to use 24'1' Street for access during construction
providing appropriate measures are in place to control erosion and silt runoff and the access
is not blocked for emergency vehicles.
7. 'I'hc Land Use Code requires four parking spaces for the proposed residence and one
covered and one uncovered spaces for the existing residence. The applicant will remove
the existing carport and deck prior to issuance of a building permit for the new residence
10
to accommodate a driveway to the new residence. Two parking spaces, one covered,
located a minimum of 20 feet from the front property line will serve as replacement
parking spaces for the existing residence. The new residence will be served by a three car
garage and one uncovered space within the front yard. All parking spaces required for this
development shall be located a minimum of 20' from the front property line, to the
satisfaction of the Planning Director.
R. The building plans shall indicate at a minimum a one car covered carport for the existing
residence to replace the carport being removed. The carport shall be constructed of similar
materials and color to match the existing residence and shall be located at minimum of 20'
from the front property line. The carport shall be completed prior to the issuance of the
certiticate of occupancy for the new residence.
9. Plans must comply with the 2001 editions of the California Building Code, the California
Mechanical Code, the California Plumbing Code, the California Electrical Code, and
California Title 24 energy and handicapped regulations.
10. A drainage plan shall be submitted showing all of the proposed and existing on-sitc and
off -site improvements. The plan shall be prepared by a Registered Civil Engineer, or
other qualified professional, and shall be in accordance with the City requirements.
11. The Priority Project Applicability checklist for the Standard Urban Storm -water
Mitigation Plan (SUSMP) is required to he completed and submitted to the Engineering
Department. 'fhe checklist will be required when a project site is submitted for review of
the City Departments. The checklist is available at the Engineering Department. If it is
determined that the project is subject to the "Priority Project Permanent Storm Water
BMP Requirements" and the City of National City Storm Water Best Management
Practices of the Jurisdictional Urban Runoff Management Program (JURMP) an
approved SUSMP will be required prior to issuance of an applicable engineering permit.
The SUSMP shall be prepared by a Registered Civil Engineer.
12. The Best Management Practices (BMPs) for the maintenance of the proposed
construction shall he undertaken in accordance with the National Pollutant Discharge
Elimination System (NPDES) regulations, which may require a Storm Water Pollution
Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to
issuing of a construction pemrit.
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 sewer permit will be required for the new residence. The method of sewage collection
and disposal shall be shown on the drainage plan. Any new sewer lateral in the City right-
of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall he provided on
the curb to mark the location of the lateral.
15. A 5-foot street right-of-way shall he dedicated to the City on Leonard Street.
11
16. A permit shall be obtained from the Engineering Department for all improvement work
within the public right-of-way, and any grading construction on private property.
17. Street improvements shall be in accordance with City Standards.
18. A title report shall be submitted to the Engineering Department, atier Planning
Commission approval, for review of all existing easements and the ownership at the
property.
19. A cost estimate for all of the proposed grading, drainage, street improvements,
landscaping and retaining wall work shall be submitted with the plans. A performance
bond equal to the approved cost estimate shall be posted. Three percent (3%) of the
estimated cost shall also be deposited with the City as an initial cost for plan checking
and inspection services at the time the plans are submitted. The deposit is subject to
adjustment according to actual worked hours and consultant services.
20. The applicant shall submit to the Fire Department a letter from Sweetwater Authority
stating existing fire flow. If determined by the Fire Department that 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.
21. Separate water and sewer laterals shall he provided to each residence.
22. Project is to be designed, developed and constructed in compliance with the California Fire
Code (CFC) 2001 edition and the most current National Fire Protection Association
(NFPA) Standards as adopted by the City of National City. Fire access is required. Access
roadway minimum size requirements arc 20-feet minimum width with a vertical clearance
of 13-feet six -inches. If the roadway is 150-feet or greater, an approved tumaround will be
required. If an access roadway cannot be provided then an approved automatic fire sprinkler
system may be substituted.
23. Television cable companies shall he notified a minimum of48 hours prior to tilling of cable
trenches.
24. As stated in City Resolution 1491, the owner will he required to remove and replace any
broken street improvements, such as curb and gutter, sidewalk, and driveway aprons, as
determined by the Engineering Department.
25. The owner will be required to secure the gate facing the alley. All access to the proposed
residence will be provided from Leonard Street.
26. A permit shall be obtained from the Engineering Department for all improvement work
within the public right-of-way, and any grading construction on private property.
27. Project to be designed, developed and constructed in compliance with the California Fire
Code (CFC) 2001 edition or CFC in effect at time of permit issuance and the most current
National Fire Protection Association (NFPA) Standards as adopted by the City of National
City.
12
28. Minimum required fire flow will be 2,000 gpm measured at 20 psi residual pressure with a
two hour flow duration.
29. Fire Department access will he required. Access roadway to be of all weather construction
with a minimum clear width of 20 fi,-et and minimum clear vertical height of 13 feet 6
inches.
30. It is highly recommend that this structure have a fully automatic fire sprinkler system
installed. With the installation of a fire sprinkler system minimum fire flow requirements
will be reduced to 1,000 gpm measured at 20 psi residual pressure with minimum 2 hour
flow duration.
31. The address of the proposed home must be clearly visible from the street, per approval from
the National City Fire Department.
32. Exterior walls of freestanding fences/ walls 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.
33. Before this Planned Development Permit shall become effective, the applicant and the
property owner both shall sign and have notarized an Acceptance Form, provided by the
Planning Department, acknowledging and accepting all conditions imposed upon the
approval of this permit. Failure to return the signed and notarized Acceptance Form within
30 days of its receipt shall automatically terminate the Planned Development Permit. The
applicant shall also submit evidence to the satisfaction of the Planning Director that a
Notice of Restriction on Real Property is recorded with the County Recorder. The applicant
shall pay necessary recording fees to the County. The Notice of Restriction shall provide
information that conditions imposed by approval of the Planned Development Permit are
binding on all present or future interest holders or estate holders of the property. The Notice
of Restriction shall be approved as to form by the City Attorney and signed by the Planning
Director prior to recordation.
34. Approval of the Planned Development Permit expires one (I) year alter adoption of the
resolution of approval at 5:30 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.
13
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to
the applicant and to the City Council.
BE IT FINALLY RESOLVED that this Resolution shall become effective and final on
the day following the City Council meeting where the Planning Commission resolution is set for
review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of
that City Council meeting. The City Council may, at that meeting, appeal the decision of the
Planning Commission and set the matter for public hearing.
CERTIFICATION:
This certifies that the Resolution was adopted by the Planning Commission at their meeting of
April 2, 2007, by the following vote:
AYES: Carrillo, Alvarado, Baca, Pruitt, Flores, DeLaPaz
NAYS: Reynolds
ABSENT:
ABSTAIN:
41(
CIIAIRWO AN
14
City of National City
Planning Department
1243 National City Blvd., National City, CA 91950 (619) 336-4310
ROGER G. POST - DIRECTOR
NO'I'UCE OF EXFNIPTION
TO: County Clerk
County of San Diego
P.O. Box 1750
1600 Pacific Ilighway, Room 260
San Diego, CA 92112
Project Title: PD-2006-4
Project Location: 2901 Leonard Street, National City, CA, APN: 564-071-09
Contact Person: Peggy Chapin Telephone Number: (619) 336-4319
Description of Nature, Purpose and Beneficiaries of Project:
Planned Development Permit to construct a 5,352 square foot, two-story single-family residence
on an lot containing an existing 1,724 square foot existing residence within the Residential Single
Family Planned Development (RS-3 PD) Extendible zone.
Applicant: Roy DiStefano
2901 Leonard Street
National City, CA 91950
Exempt Status:
Telephone Number: (619) 470-6339
❑ Statutory Exemption. (State type and Section No., if applicable)
• Categorical Exemption. Class 1 Section 15332 - In -till Development Projects
❑ Not a project as defined in Section 15332 of CEQA
❑ Not subject to CEQA (Sec. 15061b3)
Reasons why project is exempt:
It has been determined that the proposed project will not have a significant effect on the
environment since the proposed request involves constructing a new single-family residence on a
lot containing an existing single-family home. The proposed project meets all land use codes for
height and setbacks.
Date: 3/21 / 07
Peapin
Principal Planner
15
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City of National City, California
COUNCIL AGENDA STATEMENT
6
MEETING DATE July 10, 2007 AGENDA ITEM NO.
ITEM TITLE Public Hearing — A Reopened Public Hearing for an Appeal of the Decision of the Planning
Commission to Deny a Conditional Use Permit to Operate a Banquet Facility at an Existing Adult Day Care Facility
Located at 540 National City Boulevard. Applicant: Sabah Abro, Case File No. 2007-02 CUP, APN 554-042-
l0 and -17
PREPARED BY Peggy Chapin, 336-4319
DEPARTMENT Planning
EXPLANATION
The Planning Commission held a public hearing on May 7, 2007 and voted 4-3 to deny the Conditional Use
Permit and on May 21, 2007, voted 6-0 to approve the Resolution 31-2007 denying the request.
On May 8, 2007, the applicant appealed the Planning Commission decision. The City Council conducted a
public hearing on June 5, 2007 and voted to deny the appeal. However, the applicant did not receive adequate
notification and did not attend the hearing. On June 19, 2007, the Council directed that the appeal be renoticed
for a reopened public hearing on July 10, 2007.
The attached Background Report describes the proposal in detail.
Environmental Review x N/A Excmpt
Financial Statement N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Staff Recommends Approval of the Conditional Use Permit request.
BOARD / COMMISSION RECOMMENDATION
The Planning Commission Denied the Conditional Use Permit.
Ayes — Alvarado, Baca, Flores, Pruitt, Reynolds, De LaPaz
Absent: Carrillo.
ATTACHMENTS ( Listed Below) Resolution No.
1. Background Report 5. Applicant's Proposed Plans
2. Location Map 6. Photos of the Site
3. Proposed Conditions of Approval 7. Applicant's Request to Appeal
4. Planning Commission Resolution No. 31-2007
A-200 (9/99)
BACKGROUND REPORT
The project site is an existing building located at 540 National City Boulevard within the General
Commercial (CG) zone. The 7,500 square foot building is bordered by the National City Motel, the
Value Inn, and the Howard Johnson Motel. A paved parking lot is located on the south side of the
building and an unimproved lot with a concrete patio bordered by a wrought iron fence is Located
on the north side.
The applicant currently operates an adult day health care at the site approved with a Conditional
Use Permit on January 8, 2002. The Open Arms Adult Day Health Care (Open Arms ADHC)
offers supervision, therapies, exercise, and meals for adult clientele over the age of 18, Monday
through Saturday from 8:00 a.m. until 6:00 p.m.
The applicant has indicated that he proposes to expand the use to offer banquet facilities to be held
on Saturday evenings from 6:00 to 12:00 midnight primarily catering to quinccaiiera events. '1'hc
CUP would not be restricted to only those types of events, as they would be difficult to enforce.
The banquet events may offer music provided by a disc jockey, however no live music is proposed.
Since the events are conducted within an enclosed building and the adjacent motel buildings do not
have windows bordering the subject property, noise heard beyond the exterior of the building is
expected to be minimal.
The application for the banquet facility was received on January 3, 2007. Prior to that time, the
City had received numerous complaints that banquets were being held without the necessary
permits.
Since the . approval of the CUP for the adult day care, the applicant has completed mirror
improvements to the site, such as exterior painting, installing awnings, and placing a wrought iron
fencing across the parking lot and the unimproved lot. As a Condition of Approval of the adult day
care, the applicant was r-equired to install landscaping or parking on the north side of the building.
To date, no landscaping or parking has been installed. Recently the applicant installed a paved patio
measuring 23' x 35' and a handicap ramp at the north side of the building for outside recreation for
the adult day care clients. However, access to the patio is restricted since the door from the building
to the patio is inoperable. To improve this situation, staff has added a Condition to this request
requiring restoration of the access so that clients and guests may use the patio.
Also, as part of the adult day care application, the applicant proposed to install landscape
improvements within the south parking lot and along the parkway. These improvements have not
been completed. The proposed Conditions of Approval for this request would require the applicant
install landscaping bordering the parking lot and along the parkway consistent with the National
City Boulevard improvement plans.
The applicant proposes to construct 11 spaces on the north side of the building and tandem spaces
on the south side of the building. However, the Land Use Code does not pennit tandem parking
and based on a site review, the northern site would not accommodate 11 spaces due to the size of
1
the patio. Ilowever, based on the following parking analysis, adequate parking would be provided
for the proposed use.
Currently, 22 parking spaces are provided on the south side parking lot and there is adequate room
on the north side of the building to install 9 spaces, for a total of 31 spaces on site. Based on the
Land Use Code, Section 18.58.270, one space is required for each Live scats. The banquet facility
contains 20 tables with 8 seats at each table which would result in 32 required spaces. Therefore,
there would technically, be a deficit of one space.
For each banquet event, however, the applicant proposes to employ 10 attendants and 2 security
personnel. The above parking allocation does not account for parking for the employees as the
Land Use Code is silent in this regard. However, the applicant has suggested that additional
parking could be provided off -site at the Berge -Roberts Mortuary, which has 22 spaces available.
Section 18.58.140 of the Land Use Code parking at an off -site location provided:
• One use is primarily a daytime use and the other is primarily a nighttime use;
• The off -site location must be within 150' of the use requiring the additional parking;
• A formal agreement must be approved by thc City Attorney and recorded with the County
Recorders Office.
The applicant has provided a letter of intent from the Berge -Roberts Mortuary to utilize the
mortuary parking lot across National City Boulevard at the corner of E. 6th Street. Since the letter of
intent from the Berge -Roberts Mortuary could be rescinded, should the applicant not be able to
enter into a recorded agreement, the Council could consider granting the applicant an exception
through the CUP for the one space deficit.
The applicant's site plan reflects a ten -foot wide vehicle access in the rear setback, between the
proposed use and the structure on the adjacent property to the west. Since the proposed vehicle
access is less than 16' wide, it would not meet City codes and could not be used for vehicular
access. Staff proposes that this space at the rear of thc building would be fenced to restrict access
and that a turnaround area would be provided at each parking lot to allow vehicles to enter National
City Boulevard in a forward motion. Staff has included conditions requiring that the parking lots be
improved with standard striped parking spaces; a turnaround space at the end of each aisle; a
minimum of 20' aisle width (which may necessitate reducing the patio on the northern parking lot);
an 8' high wrought iron fence at each end of the 10-foot rear setback area to restrict access; and a
gravel base to be placed between the buildings to reduce maintenance.
The applicant is not proposing to serve alcohol on site. A temporary alcohol permit issued by the
Alcoholic Beverage Control Board would be required for any specific events when alcohol is
served. The Police Department has requested that security be provided during the events and that.
the 10 foot wide setback at the west side of the building be fenced off to restrict any access that may
result in undesirable activity. The Conditions of Approval reflect the Police Departments
comments.
The Planning Commission denied the request (4 to 3) on May 7, 2007 to operate the banquet
facility due to the prior use of the site without the necessary approvals; noncompliance with
2
previous conditions of approval for the adult day care; and lack of a formal agreement for off -site
parking. Resolution 31-2007 denying the request was approved by the Planning Commission (6 to
0) on May 21, 2007.
Staff recommends approval based on the limited duration of the proposed request; landscape and
parking lot improvements would be installed; prior to each event, the Police Department would be
notified; and security personnel would be provided.
3
CONDITIONS OF APPROVAL
540 NATIONAL CITY BOULEVARD
2007-02 CUP
This Conditional Use Permit, 2007-02 CUP, authorizes the operation of a 7,500 square foot
banquet facility from 6:00 p.m. until 12:00 a.m. on Saturdays at 540 National City
Boulevard. Other than specific modifications approved pursuant to the public review
process, all plans submitted for permits associated with the project shall conform to Exhibit
A, Case File No. 2007-02 CUP, dated April 11, 2007.
2. Documentation shall be provided that indicates the boundary adjustment has been recorded
that specifically allocates the ten -foot wide section immediately west of the commercial
building to the southern parcel, as required of the Resolution 2002-9.
3. A detailed landscape and underground irrigation plan, including plant types, methods of
planting, etc. shall be submitted prior to issuance of building permits. for review and
approval by the Planning Director. The landscape plan shall indicate a minimum of 15-
gailon trees, shruhs, and ground cover along the border of the northern and southern parking
lots, along the frontage of the street (between the sidewalk and the curb) consistent with the
National City Streetscapc Improvement Plans dated 11/06/06, and for all areas not utilized
for parking.
4. The 10' wide setback area on the west side of the building shall be provided with a gravel
surface to reduce maintenance and shall be fenced off at each end, with an 8' high wrought
iron fence, to limit undesirable access. The applicant shall fence off this area to the
satisfaction of the Planning Department and the Police Department prior to conducting
any events related to this permit.
5. The applicant shall remove the permanent obstructions that restrict access to the patio and
reopen the door on the north side of the building to allow access to the patio.
6. The applicant shall remove the trash and debris on the rear and the north side of the building
and the inoperable vehicle parked on the south side of the building prior to operating the
banquet facility.
7. The applicant shall apply for and obtain a business license and pay the appropriate fee for
the operation of the banquet facility.
8. The applicant shall remove the temporary banners from the front and south side of the
building until such time that an application for a temporary use permit is obtained. Contact
the Planning Department for a Temporary Use Permit for the banner.
9. The applicant shall provide a paved parking lot on the north side of the structure to provide 9
parking spaces, including a turnaround space so that vehicles do not back out on to National
5
City Boulevard. All parking spaces shall be striped in accordance with city standards. The
aisle width shall be a minimum of 24' wide.
10. The graffiti located on the wall along the property line and on the building shall he removed
and the buildings repainted to match the existing exterior walls. All exterior walls of
buildings and trash enclosures to a height of not less than six feet shall be treated with an
anti -graffiti coasting. All graffiti shall be removed within 24 hours of its observance.
11. Any improvements shall comply with the 2001 editions of the California Building Code, the
California Mechanical Code, the California Plumbing Code, the California Electrical Code,
and California Title 24 energy and handicapped regulations.
12. A drainage plan shall be submitted showing all of the proposed and existing on -site and off -
site improvements. The plan shall be prepared by a Registered Civil Engineer, or other
qualified professional, and shall be in accordance with the City requirements.
13. The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation
Plan (SUSMP) is required to be completed and submitted to the Engineering Department.
The checklist will be required when a project site is submitted for review of the City
Departments. The checklist is available at the Engineering Department. if it is determined
that the project is subject to the "Priority Project Permanent Storm Water BMP
Requirements" and the City of National City Storm Water Best Management Practices of
the Jurisdictional Urban Runoff Management Prograrn (JURMP) an approved SUSMP will
be required prior to issuance of an applicable engineering permit. The SUSMP shall he
prepared by a Registered Civil Engineer.
14. The Best Management Practices (BMPs) for the maintenance of the proposed construction
shall be undertaken in accordance with the National Pollutant Discharge Elimination System
(NPDES) regulations, which may require a Storm Water Pollution Prevention Plan
(SWPPP) for the project. An approved SWPPP will be required prior to issuing of a
construction permit.
15. 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.
16. The proposed trees at the southwest comer of the parking lot shall be relocated so as to not
conflict with an existing 36" storm drain catch basin which is not reflected on the site plan.
17. The deteriorated portions of the existing street improvements (sidewalks 40", curb and
gutters 20') along the property frontages shall be removed and replaced.
18. A permit shall be obtained from the Engineering Department for all improvement work
within the public right-of-way, and any grading construction on private property.
6
19. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping
and retaining wall work shall be submitted with the plans. A performance bond equal to the
approved cost estimate 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 arc submitted. The deposit is subject to adjustment according to actual
worked hours and consultant services.
20. Project is to be designed, developed and constructed in compliance with the California Fire
Code (CFC) 2001 edition and the most current National Fire Protection Association (NFPA)
Standards as adopted by the City of National City.
21. The address of the facility shall be clearly visible from the street, per approval from the
National City Fire Department.
22. The applicant shall be required to provide, at a minimum, two bonded private security staff
for all functions and that contact information and emergency evacuation and crowd control
plans shall be submitted to the Police Department prior to any event.
23. Before this Conditional Use Permit shall become effective, the applicant and the properly
owner both shall sign and have notarized an Acceptance Form, provided by the Planning
Department, acknowledging and accepting all conditions imposed upon the approval of this
permit. Failure to return the signed and notarized Acceptance Form within 30 days of its
receipt shall automatically terminate the Planned Development Permit. The applicant shall
also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction
on Real Property is recorded with the County Recorder. The applicant shall pay necessary
recording fees to the County. The Notice of Restriction shalt provide information that
conditions imposed by approval of the Planned Development Permit arc 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.
24. Approval of the Conditional Use Permit expires one (1) year after adoption of the resolution
of approval at 5:30 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.
7
RESOLUTION 3 1 -2007
A RESOLUTION OF TIIE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
DENYING A CONDI'I'IONAI. USE PERMIT
TO OPERATE A BANQUET FACILITY AT
AN EXISTING ADULT DAY CARE FACILITY LOCATED AT
540 NATIONAL CITY BOULEVARD
APPLICANT: SABAH ABRO
CASE FILE NO. 2007-02 CUP
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit to operate a banquet facility at an existing adult day care facility at 540
National City Boulevard at a duly advertised public hearing held on May 7, 2007, at which time
oral and documentary evidence was presented; and,
WHEREAS, at said public hearing the Planning Conunission considered the staff report
contained in Case File No. 2007-02 CUP, which is maintained by the City and incorporated
herein by reference along with evidence and testimony at said hearing; and,
WHEREAS, this action is taken pursuant to all applicable procedures required by State
law and City law; and,
WHEREAS, the action recited herein is found to be essential for the preservation of
public health, salcty, and general welfare.
NOW, TIIEREFORE, BE 1T RESOLVED by the Planning Commission of the City of
National City, California, that the testimony and evidence presented to the Planning Conunission
at the public hearing held on May 7, 2007, fail to support the findings required by the 1,and Use
Code for granting any Conditional Use Permit application that the proposed Conditional Use
Permit will have an adverse effect on adjacent or abutting properties, and that the proposed use
not deemed essential and desirable to the puhlic convenient or welfare_
BE IT FURTIIER RESOLVED by the City Planning Commission of the City of National
City, California, that the testimony and evidence presented to the Planning Commission a the
public hearing held on May 7, 2007 supports the lollowing findings:
1. The site would have an adverse effect on adjacent properties since the proposal banquet
facility would create parking problems since the off -site parking arrangement has not been
formalized with an enforceable agreement thus, the long terra availability of said off -site
parking cannot be ensured and the off site parking is not readily accessible since it is across
a landscaped center divider on National City Boulevard
2. The owners of the facility have previously operated the facility without the appropriate
permits as noted by documented Municipal Code Violations dated September 14, 2006,
September 28, 2006 and November 27, 2006 on file at the City for operating a banquet
8
facility without the appropriate permits and business license and this continued non
compliance is an indicator of future non compliance.
3. The owners have not complied with the Conditions of Approval for the existing, approved
Conditional Use Permit 2001-14 (CUP 2001-14) for an adult day car since landscaping
and/or parking improvements were not installed as conditioned and this disregard for prior
Conditions of Approval is an indicator of future disregard for conditions placed in new
activities.
4. The proposed use not deemed essential and desirable to the public convenience and welfare
since banquet facilities arc offered at local restaurants, hotels, churches and public
recreation rooms and the proposed use is not consistent with the Downtown Specific Plan
which identifies medium density residential as the preferred land use.
BE IT FURTHER RESOLVED that the Planning Commission hereby denies Conditional
Use Permit application 2007-02 CLIP.
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to
the applicant and to the City Council; and,
BE IT FURTHER RESOLVED that this Resolution shall become effective and final upon
adoption, unless appealed pursuant to Chapter 18.116 of the Land Ilse Code of the City ()Motional
City_
CERTIFICATION:
This certifies that the Resolution was adopted by the Planning Commission at their meeting of
May 21, 2007, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Alvarado, Baca, Pruitt, Flores, Reynolds, DeLaPaz
Carrillo
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Site Photographs — 540 National City Boulevard
2007-02 CUP Roman Palace Banquet Facility
Figure I: South side parking lot and entrance
Figure 2: North side of building 1 proposed parking lot with patio
f Berge -Roberts Mortuary
A Member oldie El Camino Family • License No. F1) 1)284
607 National City Blvd., National City. CA 91950 (619) 474-6565 Fax (619) 474-8546
March 26, 2007
To Whom It May Concern:
I, Andrea Limon — Perez acting supervisor of El Camino
Memorial — National City (Berge — Roberts Mortuary) have
come to an agreement with the business owner of Roman
Palace. The agreement is as follows:
Due to the size of the of his establishment and the
occupancy of his parking lot is not adequate for his
business size so to help alleviate the over flow of cars after
hours (5:00p.m. — 12:00a_m.) I (we) have come to an
accord to allow his patrons use of the mortuary parking that
has room for approximately 35 vehicles. Our facility is
located at; 607 National City Blvd. National City, CA
91950. This agreement is for overflow purposes only and is
not intended for their prime parking area. This agreement
has been offered as a courtesy to his business, and can be
revoked at anytime for any reason by any management
personal of El Camino Memorial — National City (Berge -
Roberts Mortuary).
EMORIAL
RFA I.IMON-PERI/
uary Supervisor
s
National City Chapel
Custom Funerals and Cremation
Fr) 284 1.,vw.elcami ncm iensx.1. uui
607 National City Blvd.
National City, CA 91950
(619) 474-6565 lel
(619) 474 8546 Fax
(619) S/1-1288 (_ell
1) Site .1, u'u•ir. elcnniirrornemorinl. cons
12
27 MAR'07 rim10:56
(..ring for people, Making a difference
S MAY '07 PM 2:25
SABAH ABRO
1064 Singing Ridge Road
El Cajon, CA 92019
May 8, 2007
The 1.lonorable City Council
"Through City Clerk, National City
1243 National City Blvd.
National City, CA 91950
Re: Appealing Planning Commission Decision
CUP 2007-002
The Planning Commission in its meeting of May 7, 2007 denied my request
for a Conditional Use Permit (CUP 2007-002) to operate a banquet facility
at an existing Adult Day Care facility with a vote 4 to 3. The CUP was
denicd despite the Planning Department staff recommendation for approval.
My request met the recommended findings for approval of the CUP as stated
in the staff report.
I am by virtue of this letter appealing the Planning Commission decision and
request a hearing in front of the National City Council. Please confirm
receipt of this letter as well as the hearing date.
Thank you for your cooperation in this matter.
min erely,
Sabah Abro
13
City of National City, California
CITY COUNCIL AGENDA STATEMENT
7
MEETING DATE July 10, 2007 AGENDA ITEM NO.
(TEM TITLE
ESOLUTION APPROVING THE ASSESSMENT ENGINEER'S REPORT AS OUTLINED IN THE
DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT
MANAGEMENT DISTRICT PLAN FOR PROCEEDIGNS FOR THE ANNUAL 'LEVY OF
ASSESSMENTS WITHIN TIIE DOWNTOWN PROPERTY BUSINESS IMPROVEMENT DISTRICT
(MORGAN SQUARE)
PREPARED BY DEPARTMENT
Jacqueline Reynoso (ext. 4293) Economic Devclopmenision
Community Development Coordinator
EXPLANATION
The Engineer's Report calculated the annual cost to be assessed to each property owner located within the
District. The amounts provided in the report are intended to provide various improvements to the district
including sidewalk sweeping; decorations and banners; enhanced trash receptacles; administration, legal and
engineering costs; other contingencies.
The County of San Diego Auditor and Controller will collect fees as part of the annual property tax roll
procedures. Upon collection, the funds will then be disbursed to the City.
i'his Resolution adopts the Engineer's Report and orders it to be filed in the Office of the City Clerk as a
ermanent record and to remain open to public inspection.
l
1'
Environmental Review N/A
Financial Statement Maintenance costs for fiscal year 2007-2008 operation of the District were
estimated at $240,688.64 with an option to increase a maximum of 5% for subsequent years with fees to the
property owners in the range of $240 to $22,786.90. No change in the assessment amount is expected for
fiscal year 2007-2008.
STAFF RECOMMENDATION Adopt Resolution
ATTACHMENTS Resolution No.
1. Resolution
2. Downtown National City Property Business Improvement District Management District Plan
A-200 (9/80)
RESOLUTION NO.2007 —
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING
THE ASSESSMENT ENGINEER'S REPORT
AS OUTLINED IN THE DOWNTOWN NATIONAL CITY
PROPERTY BUSINESS IMPROVEMENT DISTRICT
MANAGEMENT DISTRICT PLAN FOR PROCEEDINGS FOR
THE ANNUAL LEVY OF ASSESSMENTS WITHIN THE
DOWNTOWN PROPERTY BUSINESS IMPROVEMENT DISTRICT
WHEREAS, the City Council, pursuant to the terms of the "Property and
Business Improvement District Law of 1994" being Division 18, Part 7 (Section 36600 et seq.) of
the California Streets and Highways Code and Article XIII D of the Califomia Constitution
("Article XIII D"), had received an Assessment Engineer's Report ("Report") as outlined in the
Downtown National City Property Business Improvement District Management District Plan for
the annual levy of assessments within a district, said district known and designated as the
Downtown National City Property Business Improvement District (hereinafter referred to as the
"District"); and
WHEREAS, the City Council has carefully examined and reviewed the "Report"
as presented, and is satisfied with each and all of the items and documents as set forth therein,
and is satisfied that the assessments, on a preliminary basis, have been spread in accordance
with the special benefits received from the improvements to be maintained, as set forth in said
"Report".
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
National City as follows:
RECITALS
Section 1. The above recitals are all true and correct.
PROCEDURES
Section 2. That the "Report" as presented consists of the following:
Plans and specifications describing the general nature, location, and extent of the
improvements to be maintained, and the extent of such maintenance;
An estimate of the cost of the maintenance of the improvements for the Maintenance
District for the referenced fiscal year;
C. A diagram of the Maintenance District, showing the area and properties proposed to be
assessed; and
An assessment of the estimated costs of the maintenance, assessing the net amount
upon which all assessable lots and/or parcels within the District in proportion to the
special benefits received.
Resolution No. 2007 —
July 10, 2007
Page 2
Section 3. Said report includes all costs and expenses of maintenance and service
for the fiscal year commencing July 1, 2007, and ending June 30, 2008.
Section 4. Said Report, as presented, is hereby approved on a preliminary basis,
and is ordered to be filed in the office of the City Clerk as a permanent record, and to remain
open to public inspection.
Section 5. That the City Clerk shall certify to the passage and adoption of this
Resolution, and the minutes of this meeting shall so reflect the presentation of the Engineer's
"Report."
PASSED and ADOPTED this 10`h day of July, 2007.
Ron Morrison, Mayor
ATTEST:
Michael Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, 111
City Attorney
RECEIVPD
!n"Comrrittity
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 (7ITY
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 Y.INGAB
PRESENTED BY:
MARCO LI MANDRI, NEW Ci'i'Y AMERICA INC.
APPROVED APRIL 30, 2004
LJPDAIFD MAY 241, 2004
1
3
PART 1
EXECUTIVE SUMMARY
DOWNTOWN NATIONAL CITY MANAGENIEN'1' 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 Cily now has the distinct identity of a municipal corporation aggressively moving
forward on a number of fronts. Whether it he the visionary Marina project, the
development of Filipino Village, the beautification of Highland Avenue or the creation of
the Education► Village in powntown 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 ('ity is
in a race to re -position itself as a great City with hustling commerce, historic significance, a
great urban forestry plan, strengthening of ethnic neighborhoods and experimenting with
what makes Downtowns work in the 21' Century.
Led by a group of significant, small and long-time business and property owners, this effort
to establish a Property Business Improvement District was initiated in March 2004. With
great speed and tremendous commitment, it is the intent of this district to be established
and generate its first revenues by the conclusion 'of calendar year 2004. Such an
undertaking is unprecedented but reflects the seriousness of the effort of the Downtown
stakeholders to redefine themselves to the surrounding region.
With the growing state budget crisis in California and its resulting impact on the cities, it is
safe to assume that current National City general benefit services delivered in the
Downtown business district will not 'increase in the future. '1'o 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 hringing 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 o►vucrs have determined the exact costs of
funding these special benett services. All properties, public and private, ‘vould he included
in this new assessment district.
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 Bi: ASSESSED:
Three property variables will he 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 he 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'rO 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"' 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 provisious for annual CPI adjustments as
well as annual disestablish►vents procedures.
BENEFIT ZONES:
There will be two benefit zones in the proposed district. Benefit Zones arc determined by
the level and frequency of services to one sector of the district, vs. another. For example,
the core area parcels along National City Boulevard between 2"d• and 12"', as well as 8"'
Street from the freeway bridge to A Avenue, will constitute Benefit Zone 1. All other
parcels iu the district will fall into Benefit Zone 2.
ANNUAL BUDGET:
The annual first year budget is anticipated to be $240,722.01. Benefit Zone 1 -parcels will
pay a premium due to increased services and increased benefits anticipated to be derived
from the formation of the district. Building use will determine the annual building square
footage costs, by Benefit Zone. 'The proposed building uses have been categorized as
follows. Each parcel has been analyzed to determine proper category of use and therefore
benefit: (Internal par king built into structure will be credited to overall building size).
5
PART II
ADDRESS SERIES,, UENE,RAL, STREET BOUNDARIES
LOCATION: In general, the Downtown National City PBID includes all private and public
parcels within the following boundaries:
Street Address Series
704-724
827
811 817
831 - 835
41 — 43
Street Name
A Avenue
B Avenue
C Avenue
D Avenue
14-35
10
22-404
419
810--925
205 — 1146
E. 12'h St.
E. 3`d St.
E. 5'h St.
E. 8111 St.
E. 9'h St.
225 — 1133
25 - 38
21
Hoover Avenue
National City Blvd.
Roosevelt Avenue
30
21•-27
21
110-200
111- 225
W. 11"' St.
W. 12'h St.
W. 2"dAvenue
W. 3" Avenue
W. 7th St.
w• 888 St.
32 — 121
W 9n' St.
• W. Plaza Blvd.
L
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 Lines, 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 (:ity PBID Benefit Zones are created based upon the frequency
and type of special benefit services that might be desired. For example, the core area near
National City Boulevard and 8th Street may need special benefit services six days per week,
have large special events and be the focus of many promotional activities. These property
owners would pay for those specific special benefit services based upon the anticipated
benefit to be received.
Benefit Zone
Zone 1
(core area)
Zone 2
(peripheral area)
Boundaries
National City Boulevard from 2 t 12'h Street
8c" Street from the freeway bridge to A Avenue
All other streets in the district not included in Benefit Zouc 1
TABLE 1 — FREQUENCY OF SPECIAI. BENEFIT SERVICES BY BENEFIT ZONES
Special Benefit Service
Public rights of way and
sidewalk operations
(I'ROWSO)
District Identity and
Streetscape Improvements
(DISI)
• ,Sjlecra1 Events
• Holiday Decorations
Administration/Corporate
Operations
Benefit "Zone I
Frequency
6 days per week
Through
programs
Once per year
Seasonally
Monday — Friday
Benefit Zone 2
Frequency
4 days per week
Through programs
None
None
Monday Friday
*THE PURPOSE OF THIS CALCULATION IS TO PROVIDE A MATERIAL BASIS
FOR TIIE P.R.O.W.S.O. PERSONNEL COSTS. THE ADMINISTERING
CORPORATION (:AN 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 TIIE 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 rnanagernent 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 hut not limited to:
sweeping, beautification, decorations, security, etc.
TABLE 3 — SPE(.:IAL, BENEFIT SERV ICES/P.R.O.W.S.O. NON -PERSONNEL. ANNUAL. COSTS
INCLUDING EQUIPMENT AND MATERIALS
PROWSO Equipment and Materials
'!'ruck lease, insurance
Uniforms
Estimated Annual Cost
Communications
Supplies
Water
Dumpstcr costs
Nursery Items
Small Equipment
Miscellaneous
Total Estimated Annual Equipment Costs
$ G,000
$ 1,000
$ 4,000
$ 8,000
$ 1,000
$ 6,000
$ 8,000
$ 3,000
$ 3,500
$ 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 grater related costs or dumpster removal fees, both of which could be
negotiated with the CDC.
TABLE 7 - ToTAl. hIRST YEAR DOWNTOWN NATIONAL CITY SPECIAL BENEFIT SERVICES
BUDGET LINE ITEMS BASED UPON SUGGESTED PROGRAMS AND ALLOCATIONS
Prvg ram
Public Rights of Way and
Sidewalk Operations
Personnel and Equipment for
All Benefit. Zones
District Identity and
Streetscape Improvements
Administrative/Corporate
Operations
Contingency/Reserve
first Year Allocation
Total Estimated First Year
Costs o%Programs
$ 173,000.00
$ 14,000.00
$ 41,000.00
$ 12,722.01
of Total Budget
S 240, 722. 01
72"/o
100
METHOD OF FINANCING_
This method of financing the special services is based upon the levy of assessments on real
property that benefits from proposed improvements and activities. This represents a
"benefit assessment district" as defined in the (7alifornia 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. 'l'he
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 he 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. (;ROSS DOWNTOWN NATIONAL CITY PBII) PROPERTY VARIABLES
Property Variables
Lot Size
Building_Size
Linear Peet
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. 'rhetr are about 34 square blocks in (he district.
13
1
TABLE 10 — APPORTIONMENT OF SERVICES TO PROPERTY VARIABLES
Pro ram to he Funded
PROVW'SO:
• Maintenance Personnel
• Maintenance Personnel
• Non -personnel, equipment
Benefit Zone
(S81,610)
2
($50,890)
1, 2
($ 40,500)
DISTRICT IDENTITY AND
STREETSCAPE IMPROVEMENTS:
• Special events (1 per year)
• Logo creation
• Web site creation/maintenance.
• Pedestrian kiosks/signage
1
($5,000)
1, 2
($1, 000)
1, 2
($4,000)
1, 2
($4,000)
Apportioned to Variable
'/A to all building square footage,
'A to all lot size in Benefit Zone 1
1/2 to all building square footage,
V2 to all lot size.in Benefit Zone 2
All linear frontage, apportioned
equally in both Benefit Zones
Building square footage "a" only
Building square footage a • c
Building square footage a c
Building square footage a d
ADMINISTRATION AND CORPORATE
OPERATIONS
CONTINGENCY/RESERVE
1,2
($ 41,000)
Apportioned equally to all lot size
in both zones
1, 2
($ 12, 722.01)
Apportioned equally to all lot size
in both zones
The assessment methodology annual costs are summed up in the following table:
1O
TABLE 12 - DOWNTOWN NATIONAL CITY PB11) FIRST YEAR COSTS BY PROPERTY VARIABLE
PROPERTY
VARIABLE
ANNUAI. COST
BENEFIT LANE 1
Lot Square Footage
Building Square
Footage (range)
Linear Frontage
Single Family Horne
and Condo Annual
Fee
Total Annual
Budget
$ 0.0841 per square
foot per year
$ 0.1485-$0.1886 per
square foot per year
$1.8264 per linear
foot per year
$ 240.00
ANNUAL COST
BENEFIT %ONE 2
$0.0757 per square
foot per year
$0.1485-$0.1697 per
square foot per year
TOTAL GENERATED
BY VARIABLE
$118,053.09 (49°%0)
$1.8264 per linear
foot 'per year
$240.00
$80,075.68 (33%)
$39,713.24 (17%)
$2,880.00 (1%)
$240,722.01
TABLE 13 - AMOUNTS i:ENERA'I'ED BY DOWNTOWN NATIONAL CITY PBID
Property Variable
Parcel or Lot Size
Building Square Feet
Linear Frontage
Single Family Ilome
and Condo Annual Fee
Total Assessments, First
Year- Both Zones
Total Gross Variable,
Both Bene rt Zones
1,465,301 _
448,344
21,744
12
17
Amount Generated First
Year
$118,053.09
$80,075.68
$39,713.24
$2,880.00
$240,722.01-
1 1
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 he submitted to the City to begin
processing the public hearing. With the adoption of an,ordinance of intention, the
('ity 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 i,aw, 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 he re- established.
19
l2-
PART V I
ENGINEER'S REPORT, EXEMPTIONS, ANNUAL ASSESSMENT
INCREASES AND THE DIJRATION OF "TIIE DISTRICT
A. Assessment Methodology
Property owners in Downtown National City have emphasized that an assessment formula
for a PKID 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 preparirrg the engineer's report for the Downtown National ('ity ?BIT), 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 Knsiness Improvement
District will appear as a separate line itern on the annual property tax bills prepared by the
San Diego County Tax Assessor. Property tax hills 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 PBII) 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 he 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. lax.
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 ('ouncil has no obligation to obtain other
information as to the ownership of the interest, and its determination or ownership shall he
final and conclusive for the purposes of this district.
21
)3
PART V II
DISTRICT GOVERNANCE AND THE
DOWNTOWN NATIONAL CITY P.B.I.D.
MANAGEMENT CORPORATION
A few rules and regulations should be considered by the Downtown National City PBID
Management Corporation in the administration of the district.
s• 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.
Downtown National City P.B.f.D.
FIRE YEAR PRO:ECTIOIN OFASSES5MENTS
WITH 5% A:N.'dUALADjUSTIti'E•NT
•=rojected Budget
2005
5%i 2006
5%
• 2007
5%
2005
5%
20C$'
I
I t.tlic .Rights :.--f Way and
IS:dev:a,k Cpera:ions
$1'3,000.00
$8,65C.0C - $181,650.00
S9.082.50
$190,732.50
59.535.63
5200,269 13
$10,013.46
S210.282.58
IDist'ic; ! ,enity and
St-eetscapc, Imorcvenen:s $14,000.J0
$70C,00
$14,700.00
$735.00
$15,43500
$771.75
$18,206.75
$810.34
$17.C17,09
I Adn. ^•strati[: e'Ccroorate
'Cpe-aiors $41,000.00
52,050.00
$43.050.00
$2.152.50
$45,202.50
$2,2E0.13
$47,462.83
$2,272.13
$49.635.76
[Coo'.incercyr:ese:e $12,722.0"
$636,10
$13,356.'1
$667.91
$14,026.02
$701.30
$14,727.22
$736.37
$.5.463.88
[Total $240,722.0'
$12,036.10
3252,758.11
$12,637,91
$265,396.02
$13,269,80
$278,665.82
$13,933.29
$292.599.11
APN
5 . t30 01 00
030 02 00
:)o5 030 03 00
555 030 04 00
555 030 05 00
555 030 06 00
555030Of 00
555 030 08 00
555 030 09 00
555 030 10 00
555 030 11 00
555 030 17 00
555 0301300
- 555 030 14 00
555 030 17 00
55r, 030 20 00
5 30 21 00
5 030 22 00
555 041 01 00
555 041 02 00
555 041 03 00
555 041 04 00
555 041 05 00
555 041 OG 00
555 041 07 00
555 041 08 00
555 041 09 00
55504110 00
555 042 10 00
555042 15 00
555 042 17 00
555 042 18 00
5 5204(10
052 05 00
.,i5•052 06 00
555 052 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
S500.53
$1,089.50
$4,997 45
$3,644.29
$6,609.58
$878.28
$4 72.48
$3,616.36
$1,063.44
$570.74
$571.49
$694.46
$511.82
$511 82
$1,206 28
$1,080 /0
$3.104 82
$3,458.9 5
$ 7.001.77
$694.46
$649.75
$4/1.60
$2,453 40
Ar'N
555 052 15 00
I.V/-t I I.1f!`'! L' 1.1 Y .'DII)
PARCELS TO RE ASSESSED
Annual
Assessment
$2,361.54
555 053 17 00 $22,785.90
555 054 12 00 $6,377.8:3
555 081 09 00 $510.24
555 081 10 00 $267.23
555 081 14 00 $396.50
555 08 t 15 00 $216.88
555 081 16 00 $695.37
555 081 17 00 $1,992.94
555 082 01 00 $1,855.29
555 082 02 00 $244 19
555 082 03 00 $527.88
555 082 04 00 $399.68
555 082 05 00 $1,137.98
555 082 06 00 $960.23
555 082 10 00 $1.533.33
555 082 11 00 $4,097.40
555 08321 00 $1,846.85
555 083 22 00 55.094 43
555 083 23 00 $2,989 50
555 083 24 00 55,751 .78
555 085 01 CO $622.48
555 085 02 00 $240.00
555 085 03 00 $240.00
555 085 04 00 5464.1 1
555 085 05 00 $2,797.35
555 085 00 00 $187.37
555 085 0/ 00 $4,258.90
555 113 04 00 $808.87
555 113 05 00 $/92.75
555 113 08 00 $1,269.33
555113 1100 $2,084.78
555 1 13 12 00 $1,569 72
555 113 13 00 $1,133 05
555 114 01 03 1240.00
555 1 14 02 00 $240.00
Al' N
• 5551140300
555 114 04 00
5551140500
555 114 06 00
555 1140700
5551141100
555 114 12 00
555 114 13 00
556 101 01 00
556 101 02 00
55G 101 15 00
556 101 16 00
556 104 01 00
556 104 02 00
556 104 18 00
5562102500
556 210 26 00
556 210 27 00
556 212 01 00
5562120200
556 212 03 00
5562120400
55G 212 05 00
556 212 06 0(1
656 212 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
55E 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
$754.71
$249.09
$505.91
$1,181.45
$2,439.68
$9226 31
$748.13
$2,720.06
$1,255.39
$566.21
$715 80
$3,133.35
APPENDIX D
ENGINEER'S REPORT
z;
Edward Henning& Associates
URBAN REVITAI,17.ATION • FUNDING
DISTRICT ASSESSMENT ENGINEER'S REPORT
To Whom It May Concern:
1 hereby certify to the best of my professional knowledge and experience that each of the identified benefiting
properties !waled within the proposed Downtown National City Property Business Improvement District will receive
a special benefit over and above the benefits conferred on the public at large and that the amount of the proposed
assessment is proportional to, and no greater than the benefits conferred on each respective property.
eetca by Edward V. Henning, California Registered Professional Engineer II 26549
a
L RPE 4126549 June 1, 2004
Edward V. Here
Date
(NOT VALID WITHOUT EMBOSSED CERTIFICATION SEAL ANI) SIGNATURE IIERE)
Introduction
This report shall serve as the "detailed engiucxr's report" required by Serlion 4(b) of Article XI TD of the California
Constitution (Proposition 218) to supponl the benefit property assessments proposed to be levied within the
Downtown National City Property Business improvement District (Downtown National City Plitt)) 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 iowntown National City PBID.
NOTE 1: The terminology "identified benefiting Inbred" or "property" is used throughout this report pursuant to SB
919 - "Proposition 2113 Omnibus Implementation Act" which clarified portions of Piop 218. 1t provides the Engineer
and District Consultant with the ability to actually identify individual parcels which will benefit directly either in
whoie or in part from the proposed District funded programs and improvements and dots not imply that all parcels
receive asse sable benefits .
1
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Edward Henning & Associates
URBAN REVITALIZATION • FUNDING
From this, the value of a basic benefit unit or "basic net unit cost" can be computed by dividing the total amount of
estimated net program costs by the total number of benefit units. The amount of assessment for each parcel can be
computed at this time by multiplying the Net Unit Cost times the number of Basic Benefit Units per parcel. This is
known as "spreading the assessment" or the "assessment spread" in that all costs are alloc:aled propxrrtionalty or
"spread" amongst all properties within the PBID.
The method and basis of spreading program costs varies from one PAID 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 1'rocedures and Requirements
Proposition 218, approved by the voters of California in November of 1996, adds a supplemental array of procedures
and requirements 10 be carried out prior 10 levying a property -based ass ssnrent like the Downtown National City
PBID. These requirements are in addition to requuernents imposed by State and local assessment enabling laws.
these regrriremeuts were "chaptered" into law as Article XIIID of the California Constitution and then further
clarified by the Proposition 218 Omnibus Legislation in 1997 chaptered in section 53750 et seal of the California
Government Code.
Siva; Prop 218 provisions will affect all subsequent calculations to be made in laying out the final property
assessment roll for the Downtown National City PBiD, Prop 218 requirements will be taken into account first. The
key provisions of Prop 218 along with a description of how the Downtown National City PBID complies with each of
these provisions is delineated below.
(Note: All section references below pertain to Article XIII of the California Constitution):
Finding 1. From Section 4(a): "Identify all parcels which will have a special benefit conferred upon them and
upon which an assessment will be imposed"
There are 153 "identified" individual parcels within the Downtown National City PBiD which will all derive some
level of special benefit from the proposed District programs and activities. These parcels are shown on the
Boundary Map within the Management District Plan and are listed as an attaclmrent to the Plan - identified by
assessor parcel number and site address. Twu benefit zones have. been identified within the District which generally
includes alt properties along and surrounding the National City Boulevard anridor from 2' 1 to 12a' and the 8"'
Street corridor from the freeway to A Avenue
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20
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, ..... _..c.ost of public improvement(s) or the maintenance and operation
expenses....._....or the cost of the property related service being provided.
The proportionate slxcial benefit cost for each parcel is listed in an attachment to the Management District Plan.
The individual percentages (i.e. proportionate relationship to the total special benefit related program and activity
costs) were computed by dividing the individual parcel acsessment 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 arc the proposed program ants reasonable due to the benefit of group purchasing and contracting which
would be possible through the Downtown National City PBID, they are also considerably less than other options
considered by groups like the Downtown National City PBID Formation Committee.
Finding 5. From Section 4(a): "Parcels. that are owned or used by any (public) agency shall not be exempt
from assessment."
Parcels within the District that are owned by public agencies (i.e. City of National City, the Community
Development Conunission, Southwestern College etc) will also be assessed and at rates equivalent to private sector
owned parcels. The "fair market value" of such public properties is identical to surrounding privately owned
parcels and any increased values and benefits derived from PBI1) programs and services would be similar for tither
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 rcxeive Jess 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 "dctarJed engineer's report" to support the benefit property assessments proposed to
be levied within the Downtown National City I'BID.
5
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Edward Henning & Associates
URBAN REVITALIZATION • FUNDING
combination of parcel area, building area and street frontage, there are, in turn, corresponding amounts of Bask
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 adjnstcd 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 7.one 1 and 40"/o for Zone 2. The final adjusted weights are
61% for Zone I 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
computal from data extracted from City of National City, San Diego County and third party real estate data services
property and land use ra;ords. These data sources delineate current land uses, property areas and dimensions of
record for each tax parcel and are listed as an attachment to the Management District Plan. While it is understood
that this data does not represent legal field survey measurements or detailed title search of recorded land sulxiivision
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 asscssrnent 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 basal 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 I:
Assessment = [(No. of Benefit "A-1"Units x Basic "A-1" Unit Cost)]
[(No. of Benefit "B-1" Units x Basic "II-1" Unit Cost)] +
[(No. of Benefit "C-1" lhiits x Basic "C-•1" Unit Cost))
Zone 2:
Assessment =
f(No. of Benefit "A••2' Units x Basic "A-2" Unit Cost)!
[(No of Benefit "3-2" Units x basic. "II-7" ihnit Cost)] +
[(No. of Benefit "C-2" Units x Basic "C 2' Unit Cost)]
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��w
Edward Henning & Associates
URBAN REVITALIZATION • FUNDING
EDWARI)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 oplxniunitic-s associated with
center city areas_
Types of services provided
• Business Improvement District (BiT) & PBID) Formations, Modifications, Expansions, Updates
• Prop 218 Asscssnrcrn Engineering Analyses and Reprnis (Licensed Engineer)
• Downtown Revitalization Plans/Rcxk--vclopment 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
- 1listoric Downtown Core
- Hollywood District
- Melrose/Fairfax
Larchmont
- Los Feliz
- San Fernando Valley (6 auras)
- San Vicente
- Wilshire Center
• City of Monterey Park
• City of Napa
• City of Newport Beach
• City of Onntano (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
P1311) Formation (Village)
1311) Formation (Downtown)
BID Formation Analysis (Auto Row & Entertainment Corridor)
BID Fin 'nation (Downtown)
BID Formation (Pacific Blvd.)
BID Formation (Auto Row District)
1'I31D Formation & Renewal (Prop 218 Compliance)
PBID Formation (Prop 218 Compliance)
PBID Fonma( ion (Prop 218 Compliance)
PBiD Formation (Prop 218 Compliance)
PBID Formation & Renewal
B11) Formation
i'131) Formation (Plop 218 Compliance)
Private Sector PBID Formation
llybrid BID/PBID Formation
BID Modification (Downtown)
PI311) Formation (Downtown)
1311) Advising
BID Modification
PBID Formation (Downtown)
PBID Formation (Playhouse District)
Citywide Tourist Improvement District (11 D)
PBID Formation (Downtown)
PBID Formation (Prop 218 Compliance)
BID Formation (Downtown)
Citywide Tourist Improvement District Evaluation (TID)
1311) Modification (Uptown)
PBID Formation & Renewal(LJptown)
11
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URBAN R1iVIrALIZATION • FUNDING
TABLE. 2
Total Adjusted Year 1 Revenue (For Special + General Benefit Prut'rams/Activitics)
L—_
PBID Assessments
Funding Source
PBID Fot oration Pro _rated Credit/Year (53 5,000 base)
j Subtotal Revenue t oh
S240,722.01 r 90.64% i
1
17,000.00 2.64% '
)
PBID Formation Pro -Rated Volunteer Credit/Year (50% base)
} Annual Board/Volunteer Credit (35% base Admit)
I TOTAL ADJUSTED REVENUE
13,500.00 1.32%
114,350.00 5.40%
S265,57?.01 j 100.00%
Step 7, Calculate "Bask Unit Cost" (Special Benefits Only)
With a Year 1 budget of $240,720.01 (sfxxial benefit only), the Basic Unit Costs ("A", "B" and "C") from the
Management Plan are:
Basic Unit
"A" Cost
TABLE 3
Land Use Description
"11-a" Cost
"B-b" Cost
All except Sl R and condos
Benefit Zone 1
$0.0841/sf
Retail, hotels, motels, visitor
"B-c" Cost
"B-d" Cost
"B-e" Cost
$0. 1886/sf
Benefit Zone 2
$0.07571sf
Othce, commercial, pkg strut. $0.1696/sf
Industrial, manufacturing
Institutional, governmcnl etc
Residential 20+ units
`B-1" Cost
"B-g" Cost
"B-b" Cost
"B-i" Cost
C' Cost
Residential 9-19 units
$0.1696/sf
$0.169")/sf
$0. I697/sf
$0.1577/sf
$0.1485/sf
$0. I697/sf
$0.1578/sf
$0.1485/sf
Residential 2-8 units
Single family residential
Residential Condo
All except SFR and condos
$0.1485/sf
$0.1485/sf
$0.1485/sf
$240 flat rate
$24(1 flat rate
$0.1485/sf
$240 flat rate
$1.8264/L1'
$240 flat rate
$1.8264/11.
Since the 1'B11) is planned for a five year Mini, maximum assessments for hit -ire yc:us (Years 2 through 5) roust be
set at the inception of the flit) A ma)(imunl annual flat rate increase o1 5% may be imposed each year. subject to
approval by the PBID Board.
9
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2-3
City of National City, California
CITY COUNCIL AGENDA STATEMENT
8
MEETING DATE Tilly 1 Q 2007 AGENDA ITEM NO
/fEM TITLE
RESOLUTION DECLARING CITY COUNCIL'S INTENTION TO PROVIDE FOR AN ANNUAL LEVY
AND COLLECTION OF ASSESSMENTS IN THE DOWNTOWN NATIONAL CITY PROPERTY
IMPROVEMENT DISTRICT, ANI) SETTING TIME AND PLACE FOR PUBLIC HEARING THEREON
(MORGAN SQUARE)
PREPARED BY
Jacqueline Reynoso (ext. 4293)
Community Development Coordinator
EXPLANATION
DEPARTMEN
Economic Develop - t Division
This resolution sets the time and place for the public hearing on the levying of the proposed assessment for
the downtown National City Property Business Improvement District per the Property and Business
Improvement District Law of 1994.
The Public Hearing is scheduled for July 17`h, 2007 after 6:00 pm in the Council Chambers at 1243 National
City Boulevard, National City, California, 91950.
7-
Environmental Review N/A
Financial Statement N/A
STAFF RECOMMENDATION City Council adopt the above mentioned resolution.
ATTACHMENTS Resolution No.
1. Resolution
2. Downtown National City Property Business Improvement District Management District Plan
3. Public Hearing Notice
A-200 (9/80)
RESOLUTION NO.2007 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
DECLARING ITS INTENTION TO PROVIDE
FOR AN ANNUAL LEVY AND COLLECTION OF
ASSESSMENTS IN THE DOWNTOWN NATIONAL CITY
PROPERTY BUSINESS IMPROVEMENT DISTRICT,
AND SETTING A TIME AND PLACE
FOR A PUBLIC HEARING THEREON
WHEREAS, the City Council has previously formed a special maintenance
district pursuant to the terms of the "Property and Business Improvement District Law of 1994,"
being Division 18, Part 7 (Section 36600 et seq.) of the California Streets and Highways Code,
said special maintenance district known and designated as the Downtown National City
Property Business Improvement District (hereinafter referred to as the "District"); and
WHEREAS, the City Council is desirous to conduct proceedings to provide for
the annual levy of assessments for the next ensuing fiscal year to provide for the annual costs
for maintenance of improvements within the Maintenance District; and
WHERAS, there has been presented and approved by the City the Assessment
Engineer's Report ("Report"), as required by Section 36600 et seq. of the Streets and Highways
Code and Article XIII D of the Constitution ("Article XIII D"), and the City Council is desirous of
continuing with the proceedings for said annual levy.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
National City as follows:
RECITALS
Section 1. The above recitals are all true and correct.
PROCEDURES
Section 2. That the public interest and convenience requires, and it is the intention of
this legislative body, to levy and collect assessments to pay the annual costs and expenses for
the maintenance and/or servicing of the improvements for the above -referenced Property
Business Improvement District, said improvements generally described as set forth in Exhibit
"A" attached hereto and incorporated herein by this reference.
BOUNDARIES OF MAINTENANCE DISTRICT
Section 3. That said works of improvement are of special benefit to the properties
within the boundaries of said Property Business Improvement District, which District the
legislative body previously declared to be the area specially benefited by said works of
improvement, and for particulars, reference is made to the boundary map as previously
approved by the legislative body, a copy of which is on file in the office of the City Clerk and
open for public inspection, and is designated by the name of this Maintenance District.
Resolution No. 2007 —
July 10, 2007
Page 2
REPORT OF ENGINEER
Section 4. That the "Report" of the Engineer, as preliminarily approved by the City
Council, is on file in the office of 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 THE CITY COUNCIL, BEING THE
COUNCIL CHAMBERS, CITY HALL, 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY,
CA, 91950, ON JULY 17, 2007, AFTER 6:00 P.M.
ALL INTERESTED PERSONS SHALL BE AFFORDED THE OPPORTUNITY TO HEAR AND
BE HEARD. THE CITY COUNCIL SHALL CONSIDER ALL ORAL STATEMENTS AND ALL
WRITTEN PROTESTS OR COMMUNICATIONS MADE OR FILED BY ANY INTERESTED
PERSONS.
PASSED and ADOPTED this 10th day of July, 2007.
Ron Morrison, Mayor
ATTEST:
Michael Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
RECEIVED
JJe 6.]
Community
Development Cxn;*,sion
D O'WNTOWN NATIONAL CITY
PROPERTY BUSINESS IMPROVEMENT DISTRICT
MANAGEMENT DISTRICT PLAN
Formed Under C c n stg sy Coi�e..,4'tc 0 1'
PropertyBusiness Improvement District Act of 1994
FINAL PLAN
SUBMITTED TO:
TIIE DOWNTOWN NATIONAL CITY
P.B.I.D. STEERING COMMITTEE
THE CITY OF NATIONAL CITY
COMMUNITY DEVELOPMENT COMMISSION
EXECUTIVE DIRECTOR BEN MARTINEZ
MAYOR NECK INZUNZA.
AND CITY COUNCIL MEMBERS LUIS NATIVIDAD, RON
MORRISON, FRANCISCO PARRA AND FIDELAS UNGAB
PRESENTED BY:
MARCO LI MANDRI, NEW CITY AMERICA INC.
APPROVED AI'RIL 30, 2004
UPDATED MAY 24, 2004
EXHIBIT "A"
3
D'ART I
EXECUTIVE SUMMARY
DOWNTOWN NATIONAL CITY MANAGEMENT DISTRICT PI..AN
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 thitigs arc 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 Developrnent Commission, National City is
in a race to re -position itself as a great City with bustling commerce, historic significance, a
great urban forestry plan, strengthening of ethnic neighborhoods and experimenting with
what makes Downtowns work in the 21" Century.
Led by a group of significant, small and long-time business and property owners, this effort
to establish a Property Business Improvement District was initiated in March 2004. With
great speed and tremendous commitment, it is the intent of this district .to be established
and generate its first revenues by the conclusion of calendar year 2004. Such an
undertaking is unprecedented but reflects the seriousness of the effort of the Downtown
stakeholders to redefine themselves to the surrounding region.
With the growing state budget crisis in California and its resulting impact on the cities, it is
safe to assume that current National City general benefit services delivered in the
Downtown business district will not 'increase hi 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, corning up
with new marketing and promotions programs, defining greater visual linkages to tine 8th
Street Trolley stop as well as serving as an advocacy group of business and property
owners.
This proposed Downtown National City I'BID or special benefits district would be funded
through an assessment levied ou 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
Y 70% support property owner funded special events to improve the identity of
Downtown;
Based upon this level of support, the Downtown National City P$ID 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 he verified by County records. By law, the district
can only fund special benefits, not general benefit services. Building square footage will be
further categorized by "use", (retail, hotel, church, public building, office, etc). Use
determines needs and therefore special benefit to be received.
SERVICES TO BE FUNDED:
The primary special benefits to be funded by the creation of the district will be related to
maintaining order and cleanliness in the public rights of way. In addition, beautification of
the Downtown will be paramount as well as creating concrete visual linkages between the
Trolley stop west of the freeway and the heart of the business district at 8th and National
City Boulevard. After order and beautification, district identity and promotional
programs will be funded. Finally, a component for administration/corporate affairs and
contingency/reserve will be included in the budget. Consistent with state legislation, the
district shall remain in place for five years with provisions for annual CPI adjustments as
well as annual disestablishments procedures.
BENEFIT ZONES:
There will be two benefit zones in the proposed district. Benefit Zones are determined by
the level and frequency of services to one sector of the district, vs. another. For example,
the core area parcels along National City Boulevard between 2" and 12th, as well as 8`►'
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 S240,722.01. Benefit Zone I parcels will
pay a premium due to increased services and increased benefits anticipated to be derived
from the formation of the district. Building use will determine the annual building square
footage costs, by Benefit Zone. The proposed building uses have been categorized as
follows. Each parcel has been analyzed to determine proper category of use and therefore
benefit: (Internal parking built into structure will be credited to overall building size).
5
5
PART TT
ADDRESS SERIES, GENERAL STREET BOUNDARIES
LOCATION: In general, the Downtown National City PBID includes all private and public
parcels within the following boundaries:
Street A ddress Series
Street Name
704-724
A Avenue
827
B Avenue
811-- 817
C Avenue
831 — 835
D Avenue
41 — 43
E.12" st.
14-35
E. 3rd St.
10
E. 5'h St.
22-404
E. 8'h St.
419
E. 9"' St.
810-925
Hoover Avenue
205 — 1146
225-1133
25 — 38
National City Blvd.
Roosevelt Avenue
W. 11" St.
21
W. 12' St.
30
W. 2"d Avenue
. 21 — 27
W. 3rd Avenue
21
W. 7`h St.
110-200
W. s' st.
111- 225
W. 9" St.
32,— 121
W. Plaza Blvd.
7
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.bt:uefit, 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 81° 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 l
(core area)
Zone 2
(peripheral arca)
Boundaries
National City Boulevard from 2"a to 12`a Street
8th Street from the freeway bridge to A Avenue
All other streets in the district not included in Benefit Zone 1
TABLE 1 -- FREQUENCY OF SPECIAL BENEFIT SERVICES BY BENEFIT ZONES
Special Benefit Service
Benefit Zone 1
Frequency
Benefit Zone 2
Fre•uency
Public rights of way and
sidewalk operations
(PROWSO)
6 days per week
4 days per week
District identity and
Streelscape Improvements
(DISI)
• Special Events
• Holiday Decorations
Through
programs
Once per year
Seasonally
Through programs
None
None
Administration/Corporate
Operations
Monday — Friday
Monday — Friday
9
*TIIE PURPOSE OF THIS CALCULATION IS TO PROVIDE A MATERIAL BASIS
FOR THE P.R.O.W.S.O. PERSONNEL COSTS. THE ADI\11NISTI1UNG
CORPORATION CAN CONTRAC'T,OUT THESE SERVICES TO A FOR -PROFIT (.)R
NON-PROFIT CORPORATION, OR PROVIDE THE SERVICES IN HOUSE. THESE
COSTS ARE ONLY USED AS A REFERENCE, TIIE 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 irnportantly, 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 Lour, and maintenance workers at $8.00 - 9.00 per hour, starting pay.
We reiterate that this is simply a tool for calculating costs of maintenance personnel. The
free market, and competitive bidding may produce higher and better results. It is the job
of the management corporation to maximize the delivery of special benefit services to the
property owners based upon various category and line items of services. The function of
this crew is to deal with all services in the public rights of way, including but not limited to:
sweeping, beautification, decorations, security, etc.
TABLE 3 — SPECIAL BENEFIT SERVICES/P.R.O.W.S.O. NON -PERSONNEL ANNUAL COSTS
INCLUDING EQUIPMENT AND MATERIALS
PROWS() Equipment and Materials
Estimated Annual Cost
Truck lease, insurance
S 6,000
Uniforms i
S 1,000
Communications
S 4,000
Supplies
$ 8,000
Water
$ 1,000
Dum a ster costs
$ 6 000
Nursery Items
$ 8000
Small E' ui $ ment
$ 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 hater related costs or dumpster removal fees, both of which could he
negotiated with the CDC.
11
aaeloawae
TABLE 7 — TOTAL FIRST YEAR DOWNTOWN NATIONAL CITY SPECIAL BENEFIT SERVICES
BUDGET LINE ITEMS BASED UPON SUGGESTED PROGRAMS AND ALLOCATIONS
Program
Public Rights of Way and
Sidewalk Operations --
Personnel and Equipment for
All Benefit Zones
First Year Allocation
$ 173,000.00
% f Total Budget _
District Identity and
Streetscape Improvements
$ 14,000.00
72%
Administrative/Corporate
Operations
S 41,000.00
6%
17 %
Contingency/Reserve
S 12,722.01
5%
Total Estimated First Year
Costs of Programs
$ 240,722.01
100%
METHOD OF FINANCING:
This method of financing the special services is based upon the levy of assessments on real
property that benefits from proposed improvements and activities. This represents a
+"benefit assessment district" as defined in the California Streets and Highway Code.
Assessed valuation cannot be used as the basis for special benefits assessments due to the
introduction of Proposition 13 into the state constitution in 1978. There are at least four
basic factors that will be used in determining individual assessments. These factors include
1) linear frontage, 2) land area and 3) 'building square footage, 4) building 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 he 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 upou programs in the Management
District Plan.
TABLE 8 - TOTAL GROSS DOWNTOWN NATIONAL CITY PBID PROPERTY VARIABLES
Property Variables
Total in District
Lot Size
1,465,301 square feet
Building Size
448,344 square feet
Linear Feet
21,744 linear feet
There are 153 parcels and 96 legal owners currently in the database of the above
mentioned property variables. There are about 34 square blocks in the district.
13
TABLE 10 — APPORTIONMENT OF SERVICES TO PROPERTY VARIABLES
Progrdrn to be Funded
Benefit Zone
Apportioned to Variable
PROWSO:
• Maintenance Personnel
• Maintenance Personnel
• Non-personnel;equipment
1
($ 81,610)
2
($50,890)
1,2
($ 40,500)
Vi to all building square footage,
'/I to all lot size in Benefit Zone 1
'/, to all building square footage,
%2 to all lot size in Benefit Zone 2
All linear frontage, apportioned
equally in both Benefit Zones
, DISTRICT IDENTITY AND
STREETSCAPE IMPROVEMENTS:
• Special events (1 per year)
1
Building square footage "a" only
($5,000)
• Logo creation
1, 2
Building square footage a — c
($1, 000)
• Web site creation/maintenance
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
CONTINCENCY/RESERYE
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 12 - DOWNTOWN NATIONAL CITY PBID FIRST YEAR COSTS BY PROPERTY VARIABLE
PROPERTY
VARIABLE.
Lot Square Footage
Building Square
Footage ran:e
Linear Frontage
Single Family Home
and Condo Annual
Fee
Total Annual
Bud et
ANNUAL COST
BENEFIT ZONE 1
$ 0.0841 per square
foot er ear
$ 0.1485-$0.1886 per
square foot ter ear
S1.8264 per linear
foot er ear
S 240.00
ANNUAL COST
BENEFIT ZONE 2
$0.0757 per square
foot per year
$0.1485-$0.1697 per
square foot er ear
$1.8264 per linear
foot' ear
S240.00
TOTAL GENERATED
BY VARIABLE
S118,053.09 (49%)
$80,075.68 (33%)
$39,713.24 (17%)
$2,880.00 (1%)
$240,722.01
TABLE 13 - AMOUNTS GENERATED BY DOWNTOWN NATIONAL CITY PBID
Property Variable
Total Gross Variable,
Both Bette It Zones
Amount Generated First
Fear
Parcel or Lot Size
1,465,301
$118,053.09
Buildin S uare Feet
448,344
$80075.68 H
Linear Fronta ,e
21,744
$39,713.24
Single Family Honie
and Condo Annual Fee
12
$2,880.00
Total Assessments, First
Year — Both Zones
S240,722.01
17
FORMATION:
• District •formation requires, submittal of petitions from property owners
representing at least 50% of the total assessment. The "Right to Vote on Taxes Act"
(Proposition 218) requires that more than 50% of the ballots received, Iveighted 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 he collected with the annual
property tax bill in December 2004 with the Management Corporation receiving its
first installment payment in January 2005.
DURATION:
• Pursuant to State Law, the District will have a set term. The proposed district will
have a five-year life commencing January 1, 2005. After five years, the petition
process must be repeated for the District to be re-established.
19
PART VT.
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.
2i
13
PART VII
DISTRICT GOVERNANCE AND THE
DOWNTOWN NATIONAL CITY P.B.I.D.
MANAGEMENT CORPORATION
A few rules and regulations should be considered by the Downtown National City PBID
Management Corporation in the administration of the district.
Conflict of Interest:
Any stakeholder who serves ou 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 lop 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.
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Downtown National City P.B.I.D.
FIVE YEAR PROJECTION O= ASSESSMENTS
WITH 5% ANNUAL ADJUSTMENT
Projected Budget
2005
5%
2006
5%
20071 5%
2006
5%
2009
Public Rights cf Way and
Sldewa,k Operations
$173,000.00
S8.650.00
$181,650.00
59,082.50
5190,732.50
59,536.63
S200.269.13
$10,013.466
5210.282.58
District IderU y and
Street.cape Im:•ra:ernents
514,000.00
$700.00
514,700.00
$735.00
$15.435.00
5771.75
$16.206.75
5810.34
S17,017.09
A8 ministrativei CO'pOra to
Operations
541,000.00
32,050.00
543,050.00
52,152.50
. S45,202.50
52,260.13
S47.462.63
S2,373.13
549.835.76
-
Continoencv,Reserve
S12.722.01
S636.10
S13,358.11
- - 5667.91
$14,026.02
S701.30
514,727.32
S736.37
S15.463.68
Total
5240,722.01
$12.036.10
S252,755.11
S12.637.91
_ S265,396.02 I
313,269.80
$278,665.82
S13,933.29
5292,599.11
6
NATIONAL CITY PB ID
PARCELS TO BE ASSESSED
1 Annual APK Annual APN Annual
Assessment Assessment Assessment
, .,30 01 00 $240.00 555 052 15 00 $2,361.54 555 114 03 00 $215.59
i 030 02 00 $421.32 " 555 053 17 OQ $22,785.90 555 114 04 00 $220.14
5 030 03 00 $0.00 555 054 12 00 $6,377.83 555 114 05 00 $452.48
5 030 04 00 $0.00 555 081 09 00 $510.24 555 114 06 00 $652.46
5 030 05 00 $240.00 555 081 10 00 $267.23 555 114 07 00 $1,151.14
5 030 06 00 $0.00 555 081 14 00 $396.50 555 11.4 11 00 $330.42
5 030 07 00 $240.00 555 081-15 00 $216.88 555 114 12 00 $1,594.28
5 030 08 00 $1,358.46 555 081 16 00 $695.37 555 114 1300 $1,569.62
5 030 09 00 $278.41 555 081 17 00 $1,992.94 556 101 01 00 $1,614.58
5 030 10 00 $339.52 555 082 01 00 $1,855.29 556 101 02 00 $1,815.33
5 030 11 00 $270.50 555 082 02 00 $244.19 556 101 15 00 $5,492.84
5 030 12 00 $344.51 555 082 03 00 $527.88 556 101 16 00 $2,276.33
5 030 13 00 $282.92 555 082 04 Oil $399.68 556 104 01 00 $2,485.63
5 030 14 00 $500.53 555 082 05 00 $1,137.98 556 104 02 00 $240.00
5 030 17 00 $1,089.50 555 082 06 00 $960.23 556 104 18 00 $1,820.45
F, 030 20 00 $4,997.45 555 092 10 00 $1,533.33 556 210 25 00 $1.662.72
- J30 21 00 $3,644.29 555 082 11 00 $4,097.40 556 210 26 00 $1,510.43
5 030 22 00 $6,609.58 555 083 21 00 $1,846.85 556 210 27 00 $1,077.40
5 041 01 00 $878.28 555 083 22 00 $5,094.43 556 212 01 00 $240.00
5 041 02 00 $472.48 555 083 23 00 $2,989.50 556 212 02 00 $240.00
5 041 03 00 $3,616.36 555 083 24 00 $5,751.78 556 212 03 00 $496.74
5 041 04 00 $1,063.44 555 085 01 00 $622.48 556 212 04 00 $276.94
5 041 05 00 $570.74 555 085 02 00 $240.00 556 212 05 00 $419.14
5 041 06 00 $571.49 555 085 03 00 $240.00 556 212 06 00 $563.61
5 041 07 00., $694.46 555 085 04 00 $464.11 556 212 07 00 $754.77
5 041.08 00 $511.82 . 555 085 05 00 $2,797.35 556 331 03 00 $249.09
5 041 09 00 $511.82 555 085 06 00 $187.37 556 331 04 00 $505.91
5 041 10 00 $1,206.28 555 085 07 00 $4,258.90 556 331 05 00 $1,181.45
5 042 10 00 $1,080.70 555 113 04 00 $808.87 556 331 14 00 $2,439.68
5042 15 00 $3,104.82 555 113 0500 $792.75 556 331 15 00 $926.31
5 042 1/ 00 $3,458.95 555 113 08 00 $1,269.33 556 331 20 00 $748 13
5 042 18 00 $7,001.77 555 113 11 00 $2,084.78 556 331 21 00 $2,720.U6
.152 04 00 $694.46 555 113 12 00 $1,569.72 556 331 22 00 $1,755.39
5 052 05 00 $649.75 555 113 13 00 $1.133.05 556 331 23 00 $566.21
5.052 06 00 $471.60 555 114 01 00 $240.00 556 331 24 00 $715 80
5 052 14 00 $2,453.40 555 114 02 00 $240 00 556 331 25 00 $3,133.35
ll
APPENDIX D
ENGINEER'S REPORT
27
Edward Henning & Associate:
URBAN REVITALIZATION • FUNDINi
DISTRICT ASSESSMENT ENGINEER'S REPORT
To Whont It May Concern_
I hereby certify to the test of my professional knowledge and experience that leach of the identified benefiting
properties located within the proposed Downtown National City Property Business Improvement District will receive
a special benefit over and above the benefits conferred on the public at large and that the amount of the proposed
assessment is proportional to, and no greater than the benefits conferred on each respective property.
ect(2/
Prepare. by Edward V Henning, California Registered Professional Engineer 11 26549
Edward V. He
itl'I: tf26549
June 1, 2004
Date
(NOT VALID WITHOUT EMBOSSED CERTIFICATION SEAL ANT) SIGNATURE HERE)
Introduction
This report shall serve as the "detailed engineer's report" required by Section 4(b) of Article XI]D) of the California
Constitution (Proposition 218) to support the benefit property accescmcnts 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 lniplcmentation Act" which clarified portions of Prop 218. 1t 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 dots not imply that all parcels
receive atsecsib1e benefits .
13330 Butteniere Rd • Phelan CA 9237t • (76o) t368-9963 • (fax) (76o) 868-6490 • nire(12@earthlink.net
1ci
Edward Henning& Associates
URBAN RRVITALIZATION • FUNDIN(
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
coinputed at this time by multiplying the Net Unit Cost limes 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, t}pes of programs and activities proposed, and size and development complexity of the district. PBIDs
mayrequire 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 castled 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 XII.II) of the California Constitution and then further
clarified by the Proposition 218 Omnibus Legislation in 1997 chaptered in section 53750 ct seq of the California
Government Code.
Since Piop 218 provisions will affect all subsequent calculations to be made in laying out the final property
assessment roll for the Downtown National City PBID, Prop 218 requirements will be taken into account first. The
key provisions of Prop 218 along with a description of how the Downtown National City PBID complies with each of
these provisions is delineated below.
(Note: All section references below pertain to Article XIII of the California Constitution):
Finding 1. From Section 4(a): "Identify all parcels which will have a special benefit conferred upon them and
upon which an assessment will be imposed"
There arc 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 I)irt ict Plan and arc listed as an attachment to the Plan - identified by
assessor parcel number and site address. Iwo benefit zones have been identified within the Disuict which generally
includes all properties along and swrounding the National City Boulevard corridor from 2n4 to 12'i and the 8a'
Street corridor from the freeway to A. Avenue.
3
13330 Buttemere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (76o) 868-6490 • ntred2@eartlrliuk:net
Edward Henning & Associates
URBAN REVITALIZATION • FUNDING
Finding 3. From Section 4(a): "(Determine) the proportionate special benefit derived by each parcel is
relationship to the entirety of thc..........cost of public improvement(s) or the maintenance and operation
expenses or the cost of the property related service being provided.
The proportionate special benefit cost for each parcel is listed in an attachment to the. Management District Plan.
The individual percentages (i.e. proportionate relationship to the total special benefit related program and activity
costs) were computed by dividing the individual parcel assessment by the total program costs.
Finding 4. From Section 4(a): "No assessment shall exceed the reasonable cost of the proportional special
benefit conferred on parcel(s)."
Not only are the proposes program costs reasonable due to the benefit of group purchasing and contracting which
would be possible through the Downtown National City PBID, they are also considerably less than other options
considered by groups Like the Downtown National City PBID Formation Committee.
Finding 5• From Section 4(a): "Parcels. that arc owned or used by any (public) agency shall not be exempt
from assessment"
Parcels within the District that arc owned by public agencies (i.e. City of National City, the Community
Development Commission, Southwestern College etc) will also be assrsvd and at rates equivalent to private sector
owned parcels. The "fair market value" of such public properties is identical to surrounding privately owned
parcels and any increased values and benefits derived from PBID programs and services would be similar for either
public or privately owned parcels, with or without improvements. Just as the costs and effects of blight are shared
by both public and private properties, so are the rewards of clean and safe as well as district promotions and
marketing programs. Since there is no compelling finding or evidence that such properties would receive less direct
benefit from the proposed PBID programs and services than surrounding private parcels, the same assessment rates
would be levied.
finding 6. From Section 4(b): "All assessments must be supported by a detailed engineer's report prepared by
a registered professional engineer certified by the State of California".
This report shalt sere as the "detailed engineer's report" to support the benefit property assessments proposed to
be levied within the Downtown National City PBID.
5
13330 Ruttetnere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (760) 868-6190 • mrcdz(a)earthlink.net
Edward Henning & Assoei aces
URBAN REVITALIZATION • FUNDIN(
cotnbination of parcel area, building area and street frontage, there are, in turn, corresponding amounts of Basic
Benefit Units in the PBID as shown in Step 7 herein. The target weighted revenues from each formula component
were 50% for land area, 30% for building area and 20% for street frontage. The final adjusted weights are 49% for
land, 33% for building area, 17% for street frontage and 1% for SFR and condo flat rates. Further, the targeted
weighted revenues for each Benefit Zone were 60% for Zone 1 and 40% for Zone 2. The final adjusted weights. arc
61% for Zone 1 and 39% for Zone 2.
Step 3. Calculate Benefit Units for Each Property.
The number of Benefit Units for each identified benefiting parcel within the Downtown National City PBID was
computed from data extracted from City of National City, San Diego County and third party real estate data services
property and land use records. These data sources delineate current land uses, property areas and dimensions of
record for each tax parcel and are listed as an attachment to the Management District Plan. While it is understood
that this data does not represent legal field survey measurements or detailed title search of recorded land subdivision
maps or building ruurds, 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 saute for
each identified benefiting property as follows:
Nurnber 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 "D" Units) and linear feet of property frontage (Basic
Bertefit "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-l"Units x Basic "A-1" Unit Cost)] +
[(No. of Benefit "B-1" Units x Basic "B-1" Unit Cost)] +
[(No. of Benefit "C-I" Units x Basic "C-1" Unit Cost))
Zone 2:
Assessment
[(No. of Benefit "A-2"Units x Basic "A-2" Unit Cost)] +
[(No. of Benefit "B-2" units x 13asic "B-2" Unit Cost)] +
[(No. of Benefit "C-2" Units x Basic "C-2" Unit Cost))
13330 Buttentere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (760) 868-6490 • rnred2@earthlink.net
2Z
Edward Henning &Associate
URBAN REVITALIZATION • FUNDINt
TABLE 2
Total Adjusted Year 1 Revenue (For Special + General Benefit Programs/Activities)
Funding_Source
Subtotal Revenue
°/v
PBID Assessments
S240,722.01
90.64%
PBID Formation Pro -rated Credit/Year (535,000 base)
$7,000.00
Z.64%
PBID Formation Pro -Rated Volunteer Credit/Year (50% base)
S3 500.00
1.32%
Annual Board/Volunteer Credit (35% base Admin)
S14,350.00
5.40%
TOTAL ADJUSTED REVENUE
3265,572.01
100.00%
Step 7. Calculate "Bask 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 flan arc:
TABI,F, 3
Basic Unit
Land Use Description
Benefit Zone 1
Benefit Zone 2
"A" Cost
All except SFR and condos
50.0841/sf
50.0757/s1
"B-a" Cost
Retail, hotels, motels, visitor
S0.1886/sf
$0.1697/sf
"R-b" Cost
Office, commercial, pkg strut.
$0.1696/sf
S0.1697/sf
"B-c" Cost
Industrial, manufacturing
50.1696/sf
50.1697/sf
"B-d" Cost
Institutional, goverrunent etc
$0.1577/sf
50.1578/sf
"B-e" Cost
Residential 20+ units
$0.1485/sf
$0.1485/sf
`B-f" Cost
Residential 9-19 units
50.1485/sf
$0.1485/sf
"B-y," Cost
Residential 2-8 units
50.1485/sf
50.1485/sf
"B-h" Cost
Single family residential
S240 flat rate
S240 flat rate ___
"B-i" Cost
Residential Condo
S240 flat rate
S240 flat rate
"C" Cost
All except SFR and condos
SI 8264/1.F
S1.8264/I.F _
Since the PBID is planned for a five year terra, maximum assessments for future years (Years 2 through 5) must be.
set at the inception of the PAID. A maximum annual flat rate increase of 5% may tx: imposed each year, subject to
approval by the PBID Board.
9
133301Suttemerc Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (760) 868-6490 • mred2@earthlink.net
23
Edward Henning & Associates
URBAN REVITAI;IZATION • FUNDIN(
EDWARD HENNING & ASSOCIATES •
Edward Ilenning and Associates is a multi -disciplined consulting firm offering d diverse range of community developme
and funding services focusing on downtown business districts and the unique problems and opportunities associated wi
center city areas.
Types of services provided
• Business Improvement District (BID & PBID) Formations, Modifications, Expansions, Updates
• Prop 218 Assessment Engineering Analyses and Reports (Licensed Engineer)
• Downtown Revitalization Plans/Redevelopment Planning and Implementation
• Establish/AdrninisterfField Supervision for Rebabilitation 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 I luntington 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 (rID)
PBID Formation (Downtown)
PBID Formation (Prop 218 Compliance)
BID Formation (Downtown)
Citywide Tourist Improvement District Evaluation (TID)
BID Modification (Uptown)
PBID Formation & Renewal(Uptown)
13330 Buttemere Rd • Phelan CA 9237t • (76o) 868-9963 • (fax) (760) 868-6490 • tured2@earthlink.nt
zq
Passed and adopted by the Council of the City of National City, California, on July 18,
2006, by the following vote, to -wit:
Ayes: Councilmembers: Inzunza,Morrison, Natividad, Parra, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
Mayor of the City of National City, California
By:
tional City, California
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2006-139 of the City of National City, California, passed and
adopted by the Council of said City on July 18, 2006.
City Clerk of the City of National City, Califomia
By:
Deputy
2S
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 A
PUBLIC HEARING
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
the Downtown National City Property Business Improvement District Management
District Plan, which is on file with the City Clerk and open for public inspection.
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
2(0
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 THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY WILL HOLD A PUBLIC HEARING AFTER THE HOUR OF
6:00 P.M., TUESDAY, July 17, 2007, IN THE CITY COUNCIL CHAMBERS, CIVIC
CENTER, 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CALIFORNIA,
REGARDING: LEVY OF ASSESSMENTS FOR COSTS OF THE DOWNTOWN
NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT.
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.
DATED: July 10, 2007
Michael R. Dalla, City Clerk
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE July 10, 2007
9
AGENDA ITEM NO
(ITEM TITLE A resolution of the City Council adopting the Community
Development Commission's written responses to written objections on the
proposed amendment to the Redevelopment Plan for the National City
Redevelopment Project.
DEPARTMENT
PREPARED BY
Patricia Beard, Redevelopment Manager Community Development Commission
EXPLANATION The Community Development Commission ("CDC") is proposing an
amendment to the Redevelopment Plan for the National City Redevelopment Project ("2007
Amendment") to: extend the CDC's authority to acquire property through eminent domain for
certain commercial and industrial zoned properties until 2019, change the current exclusion of
eminent domain on single-family homes to include all residential land uses, to modify the
redevelopment plan text as it pertains to redevelopment actions and permitted land uses, and
revise the Public Facilities and Infrastructure Improvement Projects exhibit. On June 19, 2007,
the City Council and the CDC held a joint public hearing where they received testimony on the
2007 Amendment. California Community Redevelopment Law Section 33363 mandates that,
"the legislative body shall respond in writing to the written objections received before or at the
noticed hearing". Therefore, at the conclusion of the public hearing, City Council directed the
CDC to prepare written responses. At this joint meeting, City Council is being asked to
consider and adopt the CDC's written responses to written objections on the 2007 Amendment
prior to considering an ordinance approving the 2007 Amendment.
Environmental Review
A negative declaration was prepared in accordance with the Califomia Environmental Quality Act
and approved by the City Council and the CDC at the joint meeting on July 3, 2007.
Financial Statement
Staffs recommendation will have no affect on the City's General Fund.
Account No.
STAFF RECOMMENDATION Adopt the resolution.
BOARD / COMMISSION RECOMMENDATION Not applicable.
ATTACHMENTS
1. Background Report
2. City Council Resolution No. -Written responses as
Attachment A to the resolution
Resolution No.
i
A-200 (9/80)
RESOLUTION NO. 2007 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
ADOPTING THE COMMUNITY DEVELOPMENT COMMISSION'S
WRITTEN RESPONSES TO WRITTEN OBJECTIONS RECEIVED FROM
AFFECTED TAXING AGENCIES AND PROPERTY OWNERS ON
THE PROPOSED 2007 AMENDMENT TO THE REDEVELOPMENT PLAN FOR
THE NATIONAL CITY REDEVELOPMENT PROJECT
WHEREAS, in accordance with the California Community Redevelopment Law
(Health and Safety Code Section 33000 et. seq.), the Community Development Commission of
the City of National City ("CDC") prepared and submitted to the City Council of the City of
National City ("City Council") a proposed amendment to the Redevelopment Plan for the
National City Redevelopment Project ("2007 Amendment"); and
WHEREAS, on June 19, 2007, the City Council and the CDC held a joint public
hearing to consider adoption of the 2007 Amendment; and
WHEREAS, the City Council has provided an opportunity for all persons to be
heard, and has considered all written comments received and all evidence and testimony
presented for or against any and all aspects of the 2007 Amendment; and
WHEREAS, Health and Safety Code Section 33363 provides that, before
adopting an amendment to a redevelopment plan, the City Council, who is the legislative body,
shall make written responses to each written objection received from an affected taxing agency
or property owner received before or at the noticed public hearing.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby adopts the
written responses to the written objections received from affected taxing agencies and property
owners as set forth in Attachment "A", and incorporated herein by reference.
PASSED and ADOPTED this 10th day of July, 2007.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attomey
Background Report
Background:
The City Council of the City of National City ("City Council") and the Community
Development Commission ("CDC") held a joint public hearing on the proposed
amendment to the Redevelopment Plan for the National City Redevelopment Project
("2007 Amendment") on June 19, 2007. CDC staff and consultants presented the
reasons for the proposed 2007 Amendment, and the City Council/CDC received
testimony regarding the 2007 Amendment and the Negative Declaration for the 2007
Amendment ("Negative Declaration"). CDC staff was then directed to prepare written
responses to written objections and to present them at the July 3, 2007, joint meeting.
In order to provide staff with adequate time to prepare the written responses, City
Council consideration of written responses was delayed until this joint meeting of the
City Council and CDC.
Since testimony presented at the public hearing did not question the process the CDC
used to conduct an environmental review of the 2007 Amendment, the City Council and
the CDC considered and approved the Negative Declaration on July 3, 2007.
At this joint meeting, the City Council is being asked to consider and approve the CDC's
written responses to written objections on the 2007 Amendment.
Pursuant to California Community Redevelopment Law ("CRL") Section 33363, the City
Council, who is the legislative body, shall evaluate;
"...all evidence and testimony for and against the adoption of the plan and
shall make written finding in response to each written objection of an
affected property owner or taxing entity. The legislative body shall
respond in writing to the written objections received before or at the
noticed hearing...".
During the joint public hearing written objections to the 2007 Amendment were
presented from affected property owners (no objections were received from taxing
entities). In accordance with CRL Section 33363, CDC staff has prepared written
responses, which are included as Attachment A to City Council Resolution No._
Said written responses describe the disposition of the issues raised, provide reasons for
not accepting specified objections, and include a good -faith, reasoned analysis.
By adopting the attached resolution, City Council is adopting the CDC's written
responses to written objections received from affected taxing agencies and
property owners on the 2007 Amendment.
ATTACHMENT A
WRITTEN FINDINGS IN RESPONSE TO
WRITTEN OBJECTIONS RECEIVED FROM
AFFECTED TAXING AGENCIES AND
PROPERTY OWNERS
NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION
2007 AMENDMENT TO THE NATIONAL CITY
REDEVELOPMENT PROJECT AREA
RESPONSES TO WRITTEN OBJECTIONS
Pursuant to California Redevelopment Law ("CRL") Section 33363 the National City Community
Development Commission ("CDC") shall respond in writing to the written objections received
prior or at the public hearing on the National City Redevelopment Plan Amendment ("2007
Amendment.") The written responses must describe the disposition of the issues raised. The
legislative body shall address the written objections in detail, giving reasons for not accepting
specified objections and suggestions. The legislative body shall include a good -faith, reasoned
analysis in its response and, for this purpose; conclusionary statements unsupported by factual
information shall not suffice. In the following responses, the Report to the City Council on the
National City Redevelopment Plan Amendment is referred to as the ("RTC") and the response
to the written objections are referred to as the ("Response.")
There are three relevant CRL requirements that deal with redevelopment plan amendments.
1. Section 33354.6 describes the type of amendments that require a long -form plan
amendment including identification of remaining blight and which portions of the project
area are no longer blighted. The 2007 Amendment does NOT include any of these
types of amendments (such as increase in the limit on tax increment or increase in the
bonded indebtedness limit).
2. CRL Section 33333.2(a)(4) provides that time limitations for eminent domain authority
may be extended by amendment of the redevelopment plan after the agency finds,
based on substantial evidence, both that significant blight remains within the project
area, and that this blight cannot be eliminated without use of eminent domain. This
section is pertinent to the 2007 Amendment that will extend eminent domain authority.
3. CRL Article 12 commencing with Section 33450 outlines the "short -form" amendment
process that may be used for most plan amendments which is pertinent to the 2007
Amendment in combination with Section 33333.2(a)(4). CRL Section 33451.5 describes
amendments that require a specific Report on Blight to be sent to the Department of
Finance and Department of Housing and Community Development and none of the 2007
Amendments fall within these categories.
1
LETTER 1 -
COMMENTS FROM INSTITUTE FOR JUSTICE (JEFF ROWES, STAFF ATTORNEY)
Mr. Rowes represents the Community Youth Athletic Center ("CYAC") of 1018 National City
Boulevard in its objection to the proposed 2007 Amendment. Mr. Rowes does not present
specified objections or suggestions to the 2007 Amendment. Mr. Rowes writes for the specific
purpose of stating the steps he took to acquire information and documentation relevant to the
proposed 2007 Amendment documentation.
1. In summary Mr. Rowes' letter comments on the availability of and difficulties in obtaining the
documentation associated with the 2007 Amendment. Additionally, he states that there was no
ability for a citizen to prepare an objection to the blight designation and the re -authorization of
eminent domain without knowing what the basis of the blight designation would be.
The RTC and all other documentation associated with the 2007 Amendment were made
available to the public at the same time as it was available to the City Council. The National
City Redevelopment Project Area ("Project Area") has been established for a number of years.
Issues and conditions used to establish the Project Area have been documented in previous
reports and many of the issues and conditions are still present. As a point of departure, review
of previous reports is a reliable method of identifying the basis of the blight designation. Under
Article 12 Section 33451.5 (c)(2) of the CRL the CDC is required to provide a description of the
remaining blight and is not required to re-establish the Project Area as blighted. CRL Section
33333.2(a)(4) provides that time limitations for eminent domain authority may be extended by
amendment of the redevelopment plan after the agency finds, based on substantial evidence,
both that significant blight remains within the project area, and that this blight cannot be
eliminated without use of eminent domain. The RTC for the 2007 Amendment documents the
presence of significant remaining blight and why eminent domain authority is needed to assist
with the elimination of blighting conditions.
2
LETTER 2 —
AFFIDAVIT OF DAVID A. PHILLIPS
Mr. David A. Phillips was hired by the CYAC to review and comment on the alleged conditions
of blight as noted in the RTC for the 2007 Amendment. Mr. Phillips' submittal is summarized by
the following 29 objections. This response is organized to address each objection (shown in
italics) on an individual basis. Responses follow summary of each objection.
1. Mr. Phillips indicates that the statement in the report that the survey was completed in April
of 2007 is an inconsistency compared to the time he estimates as being sufficient to complete a
parcel by parcel field survey.
RSG has served as a redevelopment consultant to the City of National City for several years
and has completed amendments to the National City Redevelopment Plan in 2001 and 2003.
As noted by Mr. Philips RSG was the consultant for the proposed 2005 Amendment to the
Redevelopment Plan at which time a parcel by parcel survey was also completed over a two
month process. As such, RSG has a substantial working knowledge of the Project Area and an
in-house database of properties in the Project Area. The existing database was queried and
property conditions were verified in the April 2007 windshield survey. It is acknowledged that
the survey did not include building -by -building interior inspections. Given the number of
buildings it was not feasible to take this approach because of the significant cost. City code
enforcement personnel were interviewed to ascertain their opinion of the conditions in the
Project Area.
2. The Report to City Council states that the survey was completed in April of 2007, however,
photos numbered 8, 11, and 15 are from the 2005 Report to City Council. (paragraph 21)
Photo 8 depicts a residential building between two industrial uses which underscores the
incompatibility for both residential occupants and industrial uses. Although this photo was taken
in 2005 the uses at this site have not changed. Furthermore, photos 11 and 15 depict a forklift
driver transporting goods to a nearby site using a public road shared by other motorists, and a
loading area that is inadequate for the size of delivery being made which has resulted in a
blocked access way. These conditions are a direct result of inadequate lots sizes that have
resulted in unsafe conditions for the forklift driver and a lack of loading and vehicle access.
These conditions still exist in the Harbor District area of the Project Area regardless of the fact
that these two photos were originally taken in 2005.
3. 'The RSG Draft Report to the City Council appears to use language in Section 33030(b)(1)
of the California Health and Safety Code in the report on page 24 under the heading
PHYSICAL AND ECONOMIC BURDEN ON THE COMMUNITY' to find blight." (paragraph 22)
California Health and Safety Code Section ("H&SC") 33000 et. seq. sets the legal standard for
determining blight. It should be expected that any analysis of the physical and economic
conditions in the Project Area would include language from the H&SC.
4. "Section B of the RSG Draft Report lists those Physical and Economic Blighting Conditions
RSG relied on to justify a determination of blight in the conclusions on page 24. Each of the
RSG items is reviewed in part together with my time estimate for a reasonable review process in
the following paragraphs" (paragraph 23)
This does not appear to be an objection so no response is warranted.
3
5. The Report to City Council does not provide specifics or addresses for code enforcement
violations and it is Mr. Philips' experience that when an inspector identifies a violation which is
then cleared after one or more follow up inspections, the violation was not serious and no longer
exists. (paragraph 24)
Due to the high volume of code enforcement violations it would be unwarranted to list the
addresses and specifics of all code enforcement violations in the RTC. As discussed in the
RTC, even if all code enforcement violations were corrected in the properties affected by the
2007 Amendment, blighting factors such as environmental contamination, flooding, inadequately
sized parcels and unsafe traffic conditions would still remain and the 2007 Amendment would
still be justified and beneficial for the Project Area.
6. The RSG Draft Report does not list serious building code violations and instead lists mostly
parking, loading and storage issues, extension cords, canvas, and plastic tarps. Further, Mr.
Phillips states that because there is not quantifiable evidence it is impossible to review these
statements. (paragraph 25)
The following quotes were taken from the RTC. These statements from the RTC are provided
as affirmation that the RTC does identify serious building code violations:
"Canvass or plastic tarps were often observed being used as long-term roof
covering or to creating an unsafe building addition as well as permanent outdoor
work areas" pg. 18 (emphasis added)
"Residential structures converted to non-residential uses without proper permits.
Without proper permitting/inspections residential structures cannot be properly
evaluated if they are suitable for industrial conversion. For example, multiple
residential structures that were being used for commercial/industrial uses were
observed to have excessive storage facilities (over 120 square feet of area) in
the dedicated setback area, creating a fire hazard" pg. 19
Mr. Phillips' states that there is a lack of quantifiable evidence for which it is impossible to
review statements regarding code enforcement violations. As mentioned in the previous
Response, a list of the specific code enforcement violations is unwarranted due to the high
volume of infractions. It is important to further note that the code enforcement violations listed in
the Project Area are mostly observable from the public right-of-way. Therefore, anyone wishing
to make a review of the statements pertaining to code enforcement violations could reasonably
do so by performing a "walk-through" examination of the commercial and industrial corridors of
the Project Area. By so doing, one could observe and determine if the statements are true or
false. It is possible that since Mr. Phillips' business address is located in Minneapolis, MN he
may not have visited the Project Area nor taken time to personally observe code violations.
Even if the RTC had provided quantifiable data that Mr. Phillips believes is necessary he would
not have been able to determine the data's credibility without visiting the Project Area and
confirming that the code violations do or do not continue to exist. That there is a need for
significant code enforcement activity in the areas speaks to the fact that the area includes
properties that are dilapidated. This dilapidation contributed to the presence of blight
documented at the time the Project Area was established and the fact that these conditions
have not yet been remedied.
4
0.101.0.11.3110
7. The Report to City Council does not identify a single address or specific instance of
dilapidation and deterioration. (paragraph 26)
The RTC states that there were 493 occurrences of dilapidation and deterioration in the Project
Area. This fact is derived from a parcel by parcel survey conducted by the CDC's consultant,
RSG. Furthermore, the RTC describes how structures were determined to be dilapidated or
deteriorated; if they were suffering from deteriorating roofing or eaves, peeling paint, damaged
exterior building material, exposed wiring or plumbing, and/or if the buildings were constructed
with substandard building materials. To identify all 493 observed occurrences of dilapidation
and deterioration would prove repetitive and unwarranted for the RTC. However, in contrast to
Mr. Phillips statement that specific instances of dilapidation and deterioration were not identified,
pages 9 and 10 of the RTC include sample photos of dilapidated and deteriorated buildings,
captions explaining the conditions being observed in the photos, and street names for where the
structures are located.
8. "With the claim of 493 instances of dilapidation and deterioration it would be reasonable to
expect numerous photographs of the conditions and problems. Instead there are just four
photos. Two of those photos are of the same building. "(paragraph 27)
Mr. Phillips is correct that two photos (photo 1 and 2 on page 9) in the RTC are of the same
building which is located along Civic Center Drive. However, the two photos provide different
angles of the building for better viewing of multiple conditions. Photo 1 depicts a rusting metal
roof which indicates the lack of weather proofing materials and Photo 2 is a closer shot
revealing the building's damaged exterior building materials. It is noteworthy to mention that
structures exhibiting multiple signs of deterioration and dilapidation further support findings that
serious dilapidation and deterioration exist. Please see the preceding Response to paragraph
26 of Mr. Phillips' submittal for additional comments pertaining to the RTC's limited site specific
documentation of deteriorated and dilapidated structures.
9. Evidence of dilapidation includes peeling paint, exposed wiring and plumbing and
substandard building materials for which it is impossible to determine from the Report to City
Council if the exposed wiring is electrical service from the power company or if the plumbing is
rain leaders and downspouts. Mr. Philips further states that five days is not sufficient time for
an effective review of these items. (paragraph 28)
Substantiation of blight in the Project Area was documented twelve years ago when the Project
Area was initially established. Those blight documents have been available since that time.
The RTC for the 2007 Amendment is focused on substantiating that the previously documented
conditions continue to exist in a substantial number of instances. It should be noted that the
RTC for the 2007 Amendment and other pertinent documents were available per the City's
typical review time. Furthermore, since business owners, tenants, and residential property
owners affected by the proposed 2007 Amendment were notified more than three (3) weeks in
advance of the joint public hearing all interested parties had ample time to meet with staff and
consultants to discuss the proposal and potential impact on their property.
10. The "conditions" listed do not appear to be serious and in a coastal region it is not
unusual/unexpected to find rust on metal roofs. The Report to City Council does "not even
claim a leaking roof' and without specific, quantifiable evidence the claims in the Report to City
Council cannot be evaluated. (paragraph 29)
5
Mr. Phillips is correct in that the RTC does not make claims of leaking roofs. The survey did not
include building -by -building interior inspections. Given the number of buildings, and the
difficulty in gaining access to building interiors, it was not feasible to take this approach because
of the significant cost. However, the presence of rusted roofs visible from the right-of-way was
identified as a condition of blight possibly resulting from lack of proper weather proofing. While
Mr. Phillips suggest that this is not unexpected in a coastal region these conditions were
exhibited during the 2001 analysis as well as the 2005 analysis. Allowing metal roofs to
continue to rust could lead to a leaking roof if in fact Teaks do not already exist.
11. The Report to City Council does not identify seismic or geologic hazards or
faulty/inadequate water or sewer utilities. (paragraph 30)
Although the CRL provides that dilapidation and deterioration caused by construction that is
vulnerable to serious damage from seismic or geological standards is a physical blighting
condition it is not a requirement that the Project Area suffer from said condition in order to be
designated blighted.
12. Canvas and plastic tarps are counted for a second time under the subheading
"Substandard or Defective Design" of the Report to City Council and said report does not
identify specific addresses or instances of this condition. (paragraph 31)
See the Response to Item number 5 of this letter.
13. The Report to City Council uses former wood frame residential structures that have been
converted to industrial use as an example of substandard design or defective design even
though Section 18.76.010 of the City code states in part;
"A structure or building intended or designed to be used as a dwelling unit may
be used in the commercial and industrial zones for a permitted commercial or
industrial use, subject to the provisions of this chapter." (paragraph 32)
Mr. Phillips is correct in that Section 18.76.010 of the City zoning code states that "A structure or
building intended or designed to be used as a dwelling unit may be used in the commercial and
industrial zones for a permitted commercial or industrial use, subject to the provisions of this
chapter" Though this practice allowable under the current City zoning code, the zoning code
section also indicates that such conversion are subject to the provisions of the chapter.
Interviews with city staff indicates that often times these conversions are made without proper
permitting.
14. The Report to City Council lists corrugated metal panels on existing buildings as a blighting
condition and that such material is not permitted according to City code even though Section
18.18.240 of the National City Land Use Code ("NCLUC') allows metal buildings in the industrial
zones and Section 18.108.020 of the City Code allows the materials to continue.
Mr. Phillips is correct in that Section 18.18.240 of the National City Land Use Code ("NCLUC")
allows metal buildings in the industrial zones and Section 18.108.020 of the City Code allows
the materials to continue. However, in full Section 18.18.240 states that all metal buildings shall
have the architectural appearance of conventionally built structures and an exterior surface that
includes either stucco, plaster, glass, stone, wood, brick, decorative masonry or wood
6
sheathing. The buildings referred to in the RTC are older metal buildings that do not include the
use of either stucco, plaster, glass, stone, wood, brick, decorative masonry or wood sheathing
on the exterior surface. The existing buildings as constructed could not currently be duplicated
under this code.
Section 18.108.020 allows any lawful nonconforming use existing at the time of adoption of the
National City Land Use Code to be continued, provided such use is continually maintained and
occupied. However, a nonconforming use in either a conforming building or a nonconforming
building, structure, or portion of either shall neither be extended to any portion of the building or
structure not so used nor be enlarged or extended to any other portion of the lot not actually so
occupied at the time said use became nonconforming, except as otherwise provided in this
chapter. Under these conditions if is an operation outgrows its space it would not be able to
expand its facilities to accommodate the growth, thus, possibly resulting in outdoor
manufacturing and the storage of materials out of doors.
15. Parking, loading and storage are considered blighting factors for a second time under the
subheading "Structural Obsolescence" on page 12 of the Report to City Council and such claims
are impossible to review without specific, quantifiable evidence. (paragraph 34)
See the Response to Item number 5 of this letter.
16. The Report to City Council states that there are 87 instances where residential property is
located adjacent to commercial and/or industrial property and that review time is needed in
order to determine if these are the adjacencies contemplated in Section 18.18.021 of the
NCLUC, which allows in the light manufacturing/residential ("MLR') zone, `the continuation...in
the area...which contains a mix of residential along with industrial, commercial and institutional
uses". Mr. Phillips states that more time is also needed to determine if the 87 adjacencies are
caretaker residences allowed in all manufacturing zones as shown in Table X of NCLUC
Section 18.18.070 and to compare the "NCLUC- Zone Matrix" which shows that single family
homes are permitted in all tourist, limited, general, medium, and heavy commercial districts.
Furthermore, Mr. Phillips states that Photo 9 on page 13 of the Report to City Council shows a
residential use along 22nd Street adjacent to an industrial use and that the MLR district is
bounded on the south by 22nd Street. (paragraph 35)
This does not appear to be a specified objection. Mr. Phillips appears to indicate that he needs
more time to make findings. As such, no response is needed.
17. The Report to City Council's statement that, "neighborhood commercial development
generally require at least a two -acre site and a four acre site for light industrial development"
without citing any authority. Mr. Phillips sites Section 18.16.290 of the NCLUC which provides
for a minimum lot size of 5,000 sq. ft. for most commercial development, and 15,000 sq. ft. for
automobile service stations ("Section 18.18.190 for Industrial uses lists the same five thousand
sq. ft. and fifteen thousand square feet minimums and adds a seven thousand five hundred
square feet foot minimum for truck repair'). Plus, he states that he has "built many commercial
uses on sites of less than one acre instead of two acres and industrial uses on sites much less
than four acres". (paragraph 36)
Each of the provisions of the NCLUC need to be reviewed together to determine the appropriate
site size for development. For example, when determining the appropriate size for a
7
development site, it is essential to also review the parking and setback requirements to insure
that all the land use provisions are met under the NCLUC. In many instances under today's
market conditions, a site size that is larger than the minimum acceptable lot size is required.
Moreover, the Report to City Council documents conditions within the Project Area that would
indicate that current lot sizes are not adequate enough given the types of businesses operating
within the Project Area. Those observed conditions include, 1) improper loading areas which
result in sidewalk and/or street loading due to the lack of adequate on -site space, 2) use of the
public rights -of -way for the storage of commercial trucks, and 3) forklifts using public right-of-
ways for transporting goods and materials to nearby Tots when companies are unable to find
consolidated sites demanded by their type of operations.
18. Many small industrial parcels are protected by the City's Light Manufacturing/Residential
Zone and the mix of smaller parcels appears to be ordinary and typical for this area and
encouraged by the NCLUC. (paragraph 37)
This does not appear to be a specified objection. As such, no response is needed.
19. The Report to City Council generally discusses parking and loading issues relating to lot
size and "incredibly canvas tarps are now triple counted as a blighting factor for lot size".
(paragraph 38)
See the Response to Item number 5 of this letter.
20. The Report to City Council does not identify subdivided lots that are under multiple
ownership and whose physical development has been impaired by their irregular shapes or
inadequate sizes. (paragraph 39)
Staff agrees with Mr. Phillips' statement that the Report to City Council does not identify
subdivided lots that are under multiple ownership and whose physical development has been
impaired by their irregular shapes or inadequate sizes, and nor has staff attempted to identify
said condition as a blighting condition in the Project Area. It should be noted, however, that the
CRL does not require that every blighting condition described in CRL Section 33031 be present
within a project area in order for it to be designated as blighted.
21. The Report to City Council does not identify "Depreciated or stagnant property values" and
the City's website shows that the median home value has increased 235% and the median
condominium value has increased 260% between 2000 and 2004. (paragraph 40)
It should first be noted that the RTC, which describes the physical and economic conditions in
the Project Area and serves as the factual basis for the 2007 Amendment, only pertains to the
Project Area. The CDC has not made blight findings on any area outside of the Project Area.
Depreciating or stagnant property values is just one economic condition indicating blight.
According to CRL Section 33030, a blighted area, in addition to being predominantly urbanized,
is one that contains one or more physical blighting condition and one or more economic
blighting condition. Therefore, property values do not necessarily need to be depreciating or
stagnant to render a project area as blighted. The RTC, which summarizes the existing physical
and economic conditions within the Project Area, identifies low lease rates, impaired property
8
values due in part to hazardous wastes, and a high crime rate as the primary economic blighting
conditions noted in the Project Area.
22. The Report to City Council does not document or provide evidence of impaired property
values dues to hazardous waste. (paragraph 41)
With the above three comments, Mr. Philips seems to suggest that every condition described in
CRL Section 33031 must be present in the area and discussed in the RTC. To extend eminent
domain authority, the Agency must only show that significant blight remains in the area. CRL
Section 33030(b) (2) indicates that blight is present if an area is characterized by one or more
conditions set forth in Section 33031 (a) and one or more in Section 33031 (b). Not every
condition must be present, only one or more.
23. The Report to City Council does not indicate where the 343 Haz-Mat permits are issued nor
how many are in the Project Area. Mr. Phillips further argues that because there were 15 Haz-
Mat related or hazardous release calls to locations within the Project Area that it appears users
in the City are following the established law and practices with regard to hazardous materials
and that compliance is not a blighting condition. (paragraph 42)
A specific inventory of the precise location of the 343 hazardous material use permits was not
available from a reliable source. This information was included in the Report to City Council as
an attempt to provide an indication of the large quantity of businesses handling hazardous
materials that operate within the City. In preparing the Report to City Council, RSG, consultant
to the CDC, collected this data from the County of San Diego Department of Environmental
Health. An attempt was made to acquire information from the County as to how many Haz-Mat
permits were specifically issued in the Project Area, however, the County responded by stating
that they could only provide such data at a Citywide/zip code level. However, since hazardous
material use permits are almost exclusively associated with commercial and industrial land
uses, and given the fact that virtually all of the commercial and industrial properties in the City
lie within the boundaries of the Project Area, one can deduct that the majority of the hazardous
material use permits involve property within the Project Area.
Moreover, staff does not believe that the 15 Haz-Mat related or hazardous release calls made to
the National City Fire Department are evidence that businesses and property owners within the
Project Area are fully in compliance with regards to Haz-Mat regulations and State Law.
Frequently, the Fire Department finds that these calls for service are a result of improper
release, storage or handling of toxic materials that is in conflict with local laws and practices.
Further, based on the experience of Fire Department officials most familiar with Project Area
properties and environmental regulations, it is the City's position that their claim that the number
of permits is less than the number of actual users suggests that many Project Area users may
be operating outside of laws and procedures.
24. The Report to City Council has several instances where counting of blighting factors are
double, triple, and more; including canvas tarps which are quadruple counted as "a blighting
factor of Impaired Property Values Due in Significant Part to Hazardous Waste". (paragraph 43)
An area is not determined blighted by the types of conditions that cause blight but whether it has
one or more physical condition of blight and one or more economic condition of blight. It is true
that canvas and plastic tarps were used to indicate several blighting conditions in the Report to
City Council; however, canvas and plastic tarps were not the sole causes of the blighting
conditions identified within the Project Area.
9
The Report to City Council identifies three physical blighting conditions and three economic
blighting conditions that currently remain within the Project Area. The physical blighting
conditions identified within the Project Area and discussed in the Report to City Council are 1)
buildings in which it is unsafe or unhealthy for persons to live or work, 2) conditions that prevent
of substantially hinder the viable use or capacity of buildings or lots, and 3) adjacent or nearby
incompatible land uses that prevent the development of those parcels or other portions of the
Project Area. Economic blighting conditions identified within the Project Area and discussed in
the Report to City Council include 1) impaired property values, due in significant part, to
hazardous wastes, 2) abnormally low lease rates, and 3) a high crime rate that constitutes a
serious threat to public safety and welfare.
25. The Report to City Council does not identify abnormally high business vacancies or
abandoned buildings as a blighting condition and office and retail lease rates are sourced by
Grubb & Ellis but do not include a time frame for the lease rates. In addition, the Report to City
Council does not make the claim that lease rates are abnormally low. (paragraph 44)
According to Grub and Ellis market research publications, San Diego's retail and industrial
markets recorded low vacancy rates for the second half of 2006 and the first quarter of 2007,
and are even among the lowest vacancy rates nationwide. The County's overall low lease rates
are in large part due to the limited supply of available retail space for -lease. Accordingly, when
available options for leasing space are limited businesses may be forced to occupy less
desirable buildings by the fact that few alternative options exist. Although older centers in Tess
desirable locations are likely to have higher vacancy rates it is difficult to surmise accurate
vacancy rate specific to the Project Area; the reason being that real estate publications reporting
on market trends typically do not report on submarkets smaller than the city.
Furthermore, RSG regrets not indicating the time -frame for which the office and retail lease
rates represent; however, we assure you that office and retail lease rates used in the RTC for
National City, Chula Vista, and the County were taken from first quarter 2007 market trends as
published by Grubb and Ellis.
Although, the RTC does not use language which specifically states that lease rates are
abnormally low, statistics mentioned in this section of the RTC are indicative of the fact. As
reported in the RTC, retail lease rates in National City are $0.88 (70%) per square foot lower
than surrounding markets and office lease rates are $0.35-$0.44 (18%-22%) per square foot
lower than surrounding markets.
26. The Report to City Council does not identify a lack of necessary commercial facilities,
serious residential overcrowding, or an excess of bars, liquor stores and adult business.
(paragraph 45)
Although the CRL provides that dilapidation and deterioration caused by a lack of necessary
commercial facilities, serious residential overcrowding, or an excess of bars, liquor stores and
adult business a blighting condition it is not a requirement that the project area suffer from said
conditions in order to be designated blighted.
27. It is Mr. Phillips' opinion that five days is a grossly inadequate time period to review a blight
report involving 692 parcels and that a reasonable time would be 4-6 months for comment and
review. (paragraph 46)
10
The RTC and other pertinent documents were available to the public at the same time they were
available to the City Council. Furthermore, since business owners, tenants, and residential
property owners affected by the proposed 2007 Amendment were notified more than three (3)
weeks in advance of the joint public hearing all interested parties had ample time to meet with
staff and consultants to discuss the proposal and potential impact on their property. The
documentation that substantiated the area as blighted was initially prepared in 1995 and was
available at that time.
28. The Report to City Council does not contain the map required by CRL Section 33352(b).
Omission of said map, which is to show where in the Project Area conditions exist, makes a
review of factual accuracy of the conditions impossible. (paragraph 47)
RSG, the consultant to the CDC, acknowledges that the map required by CRL Section 33352(b)
was erroneously left out of the Appendices to the RTC, and inadvertently in its place was
attached the Project Area Map depicting the area subject to eminent domain authority as
proposed by the 2007 Amendment. Four maps which indicate where in the Project Area
physical blighting conditions exist are attached for reference.
29. The Report to City Council completely lacks the necessary descriptions which contain
"specific, quantifiable evidence"required by CRL Section 33352 (b). (paragraph 48)
There are three relevant CRL requirements that deal with redevelopment plan amendments.
1. Section 33354.6 describes the type of amendments that require a long -form plan
amendment including identification of remaining blight and which portions of the project area
are no longer blighted. The 2007 Amendment does NOT include any of these types of
amendments (such as increase in the limit on tax increment or increase in the bonded
indebtedness limit).
2. CRL Section 33333.2(a)(4) provides that time limitations for eminent domain authority
may be extended by amendment of the redevelopment plan after the agency finds, based
on substantial evidence, both that significant blight remains within the project area, and that
this blight cannot be eliminated without use of eminent domain. This section is pertinent to
the 2007 Amendment that will extend eminent domain authority.
3. CRL Article 12 commencing with Section 33450 outlines the "short -form" amendment
process that may be used for most plan amendments which is pertinent to the 2007
Amendment in combination with Section 33333.2(a)(4). CRL Section 33451.5 describes
amendments that require a specific Report on Blight to be sent to the Department of
Finance and Department of Housing and Community Development and none of the 2007
Amendments fall within these categories.
Therefore CRL Section 33457.1 (in combination with Section 33333.2(a)(4)) is most relevant to
the level of documentation required for the 2007 Amendment. Section 33457.1 states "To the
extent warranted by a proposed amendment...(1) the ordinance adopting an amendment...shall
contain the findings required by Section 33367, and (2) the reports and information required by
Section 33352 shall be prepared and made available to the public prior to the hearing on such
amendment. The Report to the City Council for the 2007 Amendment documents the presence
of significant remaining blight and why eminent domain authority is needed to assist with the
elimination of blighting conditions.
11
30. It is Mr. Philips' opinion that there is no substantial evidence or any real evidence that
physical and economic blight is prevalent in the Project Area as present by the Report to City
Council.
Evidence of the presence of blight was provided in 1995 when the Project Area was
established. The purpose of the Report to Council for the 2007 Amendment was to described
the fact that substantial blight remains.
12
LETTER 3 —
SAN DIEGO COUNTY OFFICE OF EDUCATION
The San Diego Office of Education (SDCOE) states that the SDCOE provides services
throughout the County and is affected by new development wherever it occurs in the County.
SDCOE's letter lists SDCOE programs that could be affected by development. The SDCOE
expresses it's support for the use of redevelopment and offers to work with the
CDC to reduce the impacts of new development.
This is not an objection letter. Furthermore, the project is an amendment to the National City
Redevelopment Plan and does not involve the direct development of a specific land use project.
As such no Response is needed.
13
LETTER 4 —
PALLAMARY & ASSOCIATES LAND USE CONSULTANTS
1. Michael J. Pallamary states the Report to City Council is based on a very limited
investigation of the Project Area and that because the Report to City Council is based on a
narrow investigation there is ample reason to question the validity of the RTC and the accuracy.
He uses as example a statement on page 7 of the Report to City Council:
An important data source was a field survey conducted by RSG, consultants to the CDC,
in April of 2007. The Survey encompassed those areas of the Project Area currently
subject to eminent domain. Existing physical and economic conditions of each parcel,
as observed from the public right-of-way, were documented. (Emphasis added)
Mr. Pallamary is suggesting that because RSG's investigation of the Project Area was
conducted from the public right-of-way that it is an inadequate investigation of the Project Area.
Neither the CDC nor RSG have the authority to trespass onto private property and, therefore, an
intemal survey of the structures located within the Project Area was not feasible. Furthermore,
a field survey conducted from the public right-of-way does not mean it was a limited
investigation. RSG also used and discussed other sources used in the evaluation. Additionally,
RSG has served as a redevelopment consultant to the City of National City for several years
and has completed amendments to the National City Redevelopment Plan in 2001 and 2003.
RSG was the consultant for the proposed 2005 Amendment to the Redevelopment Plan at
which time a parcel by parcel survey was also completed over a two month process. As such,
RSG has a substantial working knowledge of the Project Area and an in-house database of
properties in the Project Area.
2. Mr. Pallamary indicates that an inspection from the public right-of-way of 692 parcels in such
a short amount of time is inadequate and insufficient and the absence of an inspection of the
balance of the properties interior, roof, rear, sides and ancillary areas along with interviews of
the property owners to determine rehabilitation or improvement plans supports the inadequacy
of a drive -by inspection.
RSG has served as a redevelopment consultant to the City of National City for several years
and has completed amendments to the National City Redevelopment Plan in 2001 and 2003.
RSG was also the consultant for the proposed 2005 Amendment to the Redevelopment Plan at
which time a parcel by parcel survey was also completed over a two month process. As such,
RSG has a substantial working knowledge of the Project Area and an in-house database of
properties in the Project Area. The existing database was queried and property conditions were
verified in the April 2007 windshield survey. It is acknowledged that the survey did not include
building -by -building interior inspections. Given the number of buildings it was not feasible to
take this approach because of the significant cost. City code enforcement personnel were
interviewed to ascertain their opinion of the conditions in the Project Area.
3. Mr. Pallamary indicates that the RTC is silent as to the history and nature of the the code
violations as well as the basis for these findings. He states that it is important to determine if the
affected properties were ever cited and if so, did the owners refuse to comply with the corrective
orders or was the city simply lax I its enforcement efforts, solely to advance its redevelopment
agenda.
A list of the specific code enforcement violations is unwarranted due to the high volume of
infractions. It is important to further note that the code enforcement violations listed in the
14
Project Area are mostly observable from the public right-of-way. Therefore, anyone wishing to
make a review of the statements pertaining to code enforcement violations could reasonably do
so by performing a "walk-through" examination of the commercial and industrial corridors of the
Project Area. By so doing, one could observe and determine if the statements are true or false.
4. Mr. Pallamary indicates that in his opinion, the issuance of a Negative Declaration is
premature and suspect. He indicates that it is probable that a more thorough study would
disclose more significant issues than those discussed in the report.
The 2007 Amendment would not have any substantial adverse environmental effects because
development is not directly proposed in conjunction with the adoption of the 2007 Amendment.
The 2007 Amendment 1) extends the authority of the CDC to use eminent domain until 2019, 2)
amends the current exclusion of eminent domain on single-family homes (Exhibit D) to include
all residential land uses, 3) updates the Transportation Center section governing the Mile of
Cars and 4) revises Exhibit C — "Public Facilities/Infrastructure Improvement Projects. The 2007
Amendment does not propose any public or private development projects that could have
substantial adverse environmental effects.
5. Mr. Pallamary indicates that he is unable to comment on arguments associated with
"economic blight."
This does not appear to be a specified objection or suggestion. As such, no Response is
needed.
6. Mr. Pallamary indicates his concem that the references and source documents selected
were "cherry picked" by the city and handed to the consultant and those that were not favorable,
were either not considered or rejected in total.
To support the 2007 Amendment, the Agency must substantiate that significant blight remains
that warrants the 2007 Amendment. The fact that the redevelopment tools have been available
and used in the Project Area for the last twelve years has resulted in some improvements to the
conditions of blight. The purpose of the RTC for the 2007 Amendment is to describe the
remaining conditions of blight, and therefore, the focus of the document is to describe the
remaining problem conditions.
7. Mr. Pallamary comments on the adequacy of the environmental findings and suggest that an
underlying report must be completed. Assuming that the report is based on some contrary
information or more substantial documentation, it would influence the tone of the resultant
environmental documentation.
See Response number 3 of letter number 4.
8. Mr. Pallamary notes that the California Environmental Quality Act (CEQA) necessitates an
analysis of historical buildings. He indicates that because the RTC asserts that older buildings
are one of the causes of blight, it may mean older buildings are historic. He also indicates that
according to section 15064.5 of CEQA the significance of impacts to archeological and historic
resources must be determined.
In May of 2007 an Environmental Initial Study checklist was completed and the underlying
explanations were prepared. It was concluded that the 2007 Amendment would not cause a
substantial adverse change in the significance of a historical resource because development is
15
not directly proposed in conjunction with the adoption of the 2007 Amendment. The 2007
Amendment 1) extends the authority of the CDC to use eminent domain until 2019, 2) amends
the current exclusion of eminent domain on single-family homes (Exhibit D) to include all
residential land uses, 3) updates the Transportation Center section goveming the Mile of Cars
and 4) revises Exhibit C — "Public Facilities/Infrastructure Improvement Projects. The 2007
Amendment does not propose public or private development projects that would adversely
impact a historical resource.
Indirectly, the 2007 Amendment could result in development in the Project Area if eminent
domain is used to acquire property and buildings are either historical or candidates as historical
buildings. The CDC and/or city would evaluate all projects for potential historical resource
impacts at the time development plans are submitted for approval. If it is determined that a
historical resource could be impacted, the CDC and/or city would require measures to ensure
the protection of the resource in compliance with the law. If resources suspected of being
historically significant were uncovered during construction the city would evaluate the resources
and protect it in compliance with CEQA Guideline §15064.5, as applicable.
9. Mr. Pallamary indicates that it is opinion that given the recent ruling in Neilson vs. City of
Califomia City, (146 Cal. App. 4th 633 — CaJ. Rptr. 3d) [No. F049143. Fifth Dist. Jan. 9`h 20071,
the notion of substandard lots must be examined more diligently. Moreover the RTC does not
identify the location of the lots. If is possible these could be more usable through minor
manipulation, assuming they are in fact defective.
RSG, the consultant to the CDC, acknowledges that the map required by CRL Section 33352(b)
was erroneously left out of the Appendices to the RTC, and inadvertently in its place was
attached the Project Area Map depicting the area subject to eminent domain authority as
proposed by the 2007 Amendment. Four maps which indicate where in the Project Area
physical blighting conditions exist are attached for reference.
16
LETTER 5 -
THORSNES BARTOLOTTA MCGUIRE, ATTORNEYS AT LAW
(Representing property owners of 1401 Cleveland)
1. The law firm of Thorsnes Bartolotta McGuire ("TBM') represents the owners of 1401
Cleveland, located in the Project Area, and asserts that the 2007 Amendment is improper and
legally unjustified in extending the time -limit for eminent domain authority, because the Report
to City Council fails to demonstrate the findings required by California Community
Redevelopment Law ("CRL'9 Section 33367.
CRL Section 33367 identifies the required contents/findings of an ordinance adopting a
redevelopment plan; not for a redevelopment plan amendment. By referring to the findings that
are required by Section 33367, it seems that TBM implies that the blight findings required to
extend existing eminent domain authority are the same as the blight findings required prior to
project area adoption and/or adoption of new eminent domain authority for existing
redevelopment project areas. Since the boundaries of the Project Area are not being changed,
the same detailed blight findings required by CRL Section 33031 for plan adoptions of new
redevelopment project areas are not required for the 2007 Amendment. Page 2 of the RTC
acknowledges that said document supplements the documentation and evidence contained in
previous Reports to the City Council ("Original Reports") and that, "Much of the information
normally required that pertains to adopting a redevelopment plan was previously documented
and presented in the Original Reports".
Blight findings were made when each of the seven constituent project areas were originally
adopted. These findings were reaffirmed in the 1995 RTC when the Project Area was
established. The 1995 RTC was approved by the CDC and supported findings for the
ordinance that adopted the Project Area. This ordinance was not contested. Pursuant to CRL
Section 33368, these findings are considered to be final and conclusive.
CRL Section 33333.2(a)(4) provides that time limitations for eminent domain authority may be
extended by amendment of the redevelopment plan after the agency finds, based on substantial
evidence, both that significant blight remains within the project area, and that this blight cannot
be eliminated without use of eminent domain. The Report to the City Council for the 2007
Amendment documents the presence of significant remaining blight and why eminent domain
authority is needed to assist with the elimination of blighting conditions.
2. TBM also argues That the property located at 1401 Cleveland is not blighted and that the
Project Area may only include non -blighted property where there have been specific findings
that their inclusion is necessary for redevelopment, which has not been proven in the Report to
City Council.
CRL does not require that every property within a redevelopment project area be blighted. CRL
Section 33321 provides that a project area need not be restricted to buildings, improvements, or
lands which are detrimental or inimical to the public health, safety, or welfare, but may consist of
an area in which such conditions predominate and injuriously affect the entire area. As such, a
nonblighted property may be included in the Project Area if it is found necessary for the effective
redevelopment of the area of which it is a part. Again, the CDC is not adding property to the
Project Area and as such, it does not need to evaluate past findings as to why non -blighted
property was included in the Project Area when it was established in 1995. In fact the Agency
has implemented blight remediation activities since the Project Area was adopted in 1995 and
17
some areas have been improved. However, not all blighting conditions have been addressed
over the last twelve years as documented in the Report to Council for the 2007 Amendment,
3. It is stated by TBM in their objection letter that the Report to City Council does not contain an
explanation as to why eminent domain is necessary to effect change.
Contrary to TBM's statement, all of the following information is provided on Page 4 of the RTC -
The CDC's overall efforts to eliminate blight in the Project Area have been limited, due to the
inability to negotiate land purchase transactions with private property owners. While the CDC
has pursued land acquisition and consolidation through open market transactions and limited
eminent domain actions, the lack of eminent domain in many commercial and industrial
corridors has constrained redevelopment efforts. The CDC is undertaking the 2007 Amendment
in order to expand its ability to assemble sites, thereby facilitating commercial and industrial
redevelopment projects in the Project Area.
4. TBM claims that eminent domain has stagnated properties within the Project Area and that
by removing eminent domain authority, property owners could move forward with development
plans.
Eminent domain is an affective tool for facilitating redevelopment projects and active
redevelopment projects help stimulate private investment which enhances value. Since TBM
does not provide supporting facts or evidence for their claim that eminent domain has stagnated
properties within the Project Area, and because no property owner has proposed alternative
development plans prior to or during the joint public hearing, no further Response is required. In
fact CRL Section 33399 makes provision for property owners to take action to have the Agency
either purchase their property or exempt it from eminent domain authority. Property owners that
believe eminent domain authority is somehow stagnating their property may seek to remove the
potential use of eminent domain authority on their property.
5. TBM asserts that the Report to City Council provides general information without discussing
information required by CRL Section 33367(d)(7) and that families and persons shall not be
displaced prior to the adoption of a relocation plan.
The CDC has previously approved the Relocation of Persons Displaced ("Method of
Relocation"), which was amended on July 18, 1995. The Method of Relocation meets the
requirements of CRL Section 33411and State Law, and is incorporated into the RTC by
reference and is on file with the Secretary of the CDC.
6. TBM feels that there is no evidence or justification for imposing involuntary property seizures
in place of private market transactions.
As mentioned earlier, the CDC's overall efforts to eliminate blighting conditions have been
limited due in part to the inability to negotiate land purchase transactions with private property
owners. As a result, many abandoned and dilapidated properties continue to be neglected 12
years later because the CDC has been unable to forcefully encourage property owners to
redevelop or sell their properties. It is important to note, however, that extending the time -limit
on the CDC's eminent domain authority does not imply that the CDC must use its authority to
condemn property or that it will. With the ability to acquire property through eminent domain, as
a last resort, the CDC will be better able to assemble Tots for redevelopment projects which may
greatly further redevelopment efforts in the Project Area.
18
7. The Report to City Council does not provide any information on what projects will be
completed or what projects that have been accomplished in the previous 12 years as a
demonstration of the viability of continuance as related. This comment was made by TBM
directly following an excerpt from CRL Section 33367(13), which in summary says that the time
limitation and limitation on the number of dollars that are allocated to the CDC should be
reasonably related to the proposed projects to be implemented in the project area.
The CDC is not adopting a redevelopment plan, adding property to the Project Area, or
amending provisions of the Redevelopment Plan pertaining to tax increment revenue and as
such, it does not need to reevaluate past findings that substantiated limitations set on the
collection of tax increment revenue which were determined for the Project Area when it was
established in 1995. The 2007 Amendment does not deal with proposed or past projects in
detail or because it is not required by the CRL.
19
LETTER 6 —
THORSNES BARTOLOTTA MCGUIRE, ATTORNEYS AT LAW
(Representing property owners of 1720,2205,22051/2 , and 2207 Cleveland, and 2220, 228
Mckinley)
The law firm of Thorsnes Bartolotta McGuire (`TBM") representing the property owners of 1720,
2205, 2205 '/z, and 2207 Cleveland, and 2220, 228 McKinley, located in the Project Area, has
submitted a letter that is almost identical to the letter sent by TBM on behalf of the property
owner of 1401 Cleveland. Responses that were provided in connection with the letter submitted
by TBM on behalf of the property owner at 1401 Cleveland are incorporated herein by reference
and serve in part as a Response to this letter. Since this letter includes additional
comments/concerns which were not expressed in TBM's objection on behalf of 1401 Cleveland,
Responses to said comments/concems follow:
1. According to TBM, the property owners that he is representing have low lease rates because
the threat of eminent domain forces properties to be leased from month to month rather than
long-term basis and that generally properties in the Project Area have lower assessed values
too as a result of eminent domain.
The Harbor District Redevelopment Project Area ("Harbor District") has satisfied all legal
requirements for blight findings required at the time of its adoption in 1995; this adoption
included eminent domain authority over all properties, except properties occupied for residential
use, in the Harbor District. Since the Harbor District was included in the Project Area, property
values have increased and there is evidence that tenants have been able to obtain long term
leases.
2. TBM claims that the Report to City Council is misleading because the crime statistics
reported in said report groups low crime areas together with high crime areas which include City
Hall, the Police Station, and Fire Department Headquarters. For crime prevention purposes,
TMB indicates that it would be more "productive" to condemn City Hall than "our property".
It is possible that within the Project Area there exist certain areas where a higher concentration
of crimes occur and areas where crimes occur less frequently. However, reporting crime
statistics for the Project Area is not misleading based on presumptions that crimes are not
occurring evenly throughout the Project Area. It seems that TBM is implying that the properties
owned by his clients should not be included in the Project Area because reported crimes occur
less frequently in the area surrounding their properties than they do at other locations within the
Project Area. It is important to note that a high crime rate is only one of several blighting
conditions observed within the Project Area and that blight findings for the Project Area, were
made when each of the seven constituent project areas were originally adopted and then later
reaffirmed by the 1995 RTC. Pursuant to CRL Section 33368, the findings made by the 1995
RTC are considered to be final and conclusive. The Report to the City Council for the 2007
Amendment documents the presence of significant remaining blight and why eminent domain
authority is needed to assist with the elimination of blighting conditions.
3. TBM claims that National City's demographics would indicate that the City's population would
be unable to negotiate with developers or afford legal services to help with negotiations.
It is the CDC's intent to work with existing property owners and tenants to effectuate
redevelopment whenever and wherever possible. In accordance with the CDC adopted Owner
Participation Rules, in the event that the CDC decides to move forward with a redevelopment
20
project, the property owner and business tenants are given the first right to submit proposals to
participate in the redevelopment proposal. In addition, it should be noted, that under the 2007
Amendment all residential uses will be excluded from eminent domain.
4. TBM argues that through fax increment financing funds will be diverted away from the City's
General Fund.
The CDC funds redevelopment through tax increment revenue. When a redevelopment project
area is established, the current value of all property in the project area is added up. This is
called the Base Year value. All taxing agencies who receive revenue from a project area
continue to receive property tax revenue generated from the Base Year value. As property
values in a project area increase above the Base Year value, due to public and private
investment, a redevelopment agency receives a portion of the property tax revenue generated
from the incremental increase in property values.
Through redevelopment the CDC receives 80% of the property tax revenue generated in the
Project Area. If redevelopment was eliminated, the City would receive only 18% of the property
tax revenue generated in the Project Area, with the rest allocated to other non -City
governmental agencies. The 2007 Amendment does not deal with whether or not the CDC's
redevelopment program should continue. If the 2007 Amendment is not approved, the existing
redevelopment program would remain in place until 2040, however, implementation activities
could be stymied if the Agency loses the authority to use eminent domain.
21
LETTER 7 —
APPENDIX VOLUMES I -VI OF COMMENTS RECEIVED FROM INSTITUTE FOR JUSTICE
(ON BEHALF OF CYAC)
On behalf of the Community Youth Athletic Center ("CYAC"), the Institute for Justice has
submitted written objections to the 2007 Amendment in the form of a six volume document.
Volume I is composed of a series of 27 statement letters authored by various board members,
volunteers, and other advocates of CYAC which state their support of CYAC and objection to
the 2007 Amendment. In addition to said statement letters, Volume I contains other documents
such as generic anti -eminent domain publications, public records request letters, newspaper
articles on CYAC, and a list of CYAC Board Members.
Volume II includes a compilation of photos taken in the 2007 Amendment Project Area,
however, there is no context or reference to suggest how to interpret these photos within any of
the volumes submitted by the Institute for Justice. In Casillas Statement No. 2 of Volume III, Mr.
Casillas states that he spent time photographing every property in the Project Area and that his
photographs are included in the CYAC-Appendix. It is presumed, but not confirmed, that these
photos are the photos taken by Mr. Casillas.
Volume III is primarily composed of National City public documents, such as the FY '06-'07
Budgetary Summary and previously adopted CDC resolutions. Volume III also includes a
written objection by Mr. Casillas.
Volume IV includes the1995, 2001, and 2005 Reports to City Council on proposed
Redevelopment Plan amendments and other supporting documents from the 1995 Amendment.
Volume V encompasses additional National City documents, such as the National City General
Plan and National City Downtown Specific Plan. Also included in Volume V are U.S. Census
Bureau data downloads for National City dating from 1997-2004.
Volume VI includes miscellaneous City documents for National City and miscellaneous
documents regarding the Home Depot redevelopment project, Park Village website information,
and tentative decision for Gross & Holmes, LLC v. All Interested Persons. In addition, said
Volume contains 4 statement letters from various individuals.
Written responses to written objections to the 2007 Amendment as provided in Volumes I -VI of
CYAC Objection to Proposed 2007 Amendment to the National City Redevelopment Plan and
Re -Authorization of Eminent Domain ("CYAC Objection') are provided in the following pages.
The documents contained within Volumes I -VI of CYAC Objection, which do not present
comments or objections regarding the 2007 Amendment or are otherwise incorporated into a
written objection by reference, such as newspaper articles about the CYAC or the City's
Budgetary Summary, have no basis for which to form a response and, therefore, were not
responded to. Written responses follow for each of the 32 statement letters objecting to the
2007 Amendment that were included among Volumes I -VI of CYAC Objection.
Overall, in response to the materials submitted on behalf of CYAC, it is the CDC's position that
the proposed 2007 Amendment does not necessarily pose a specific threat to the continued
operation of the center, as the Amendment does not authorize the acquisition of any property
(by eminent domain or other legal means), nor does it call for the closing or removal of this or
any other business or enterprise in the Project Area. Such allegations are misrepresentations of
22
the facts of the scope of the Amendment, as well as the circumstances involving property
acquisition and relocation should site acquisition be necessary. The language contained in the
proposed 2007 Amendment is part of the record and clearly does not state any specific use of
eminent domain, business closure or any other redevelopment proposal.
Should redevelopment ultimately lead to the potential displacement of this or any other
enterprise or occupant, the CDC is subject to the requirements of the Health and Safety Code
which in part mandate the extension of relocation assistance to affected occupants, and does
not necessarily result in the automatic closure of any such enterprise.
VOLUME I
Response to Nunez Statement No. 1
Nunez Statement No. 1 states Mr. Nunez's support of CYAC and that the City Council of the
City of National City ("City Council') desires to replace the CYAC with an expensive
condominium complex. The letter further requests that CYAC remain in its current building and
that the City Council not approve the time -limit extension on the City's eminent domain
authority.
The 2007 Amendment will extend the CDC's existing authority to acquire property, as a last
resort, through eminent domain to vacant property, and all commercial and industrial zoned
properties in those areas which are currently subject to eminent domain authority within the
Project Area. The 2007 Amendment does not, however, constitute a specific plan authorizing
the acquisition of any property (by eminent domain or other legal means), nor does it call for the
closing or removal of this or any other business or enterprise in the Project Area. Furthermore,
if the City Council approves the 2007 Amendment it does not imply that the CDC will
automatically go forth to acquire businesses in the Project Area. If approved, the 2007
Amendment would allow the CDC to acquire property through eminent domain only:
• After the CDC first elects to pursue a redevelopment proposal;
• After property owner and business tenants are given the first right to submit proposals to
participate in the redevelopment proposal;
• After the CDC determines (during a public meeting) that property owners and business
tenants located within the site specific redevelopment area do not have the capacity to
participate in the redevelopment proposal;
• After MAI (an appraiser who is a Member Appraisal Institute member) appraisals are
prepared for all properties (by State law, the CDC must value properties based upon the
current fair market value for similarly zoned and developed property in the market area)
that must be purchased in order to facilitate the redevelopment proposal;
• After a relocation plan is prepared and adopted by the City Council (after property and
business owner, tenant and public review) that details how the specific relocation needs
will be accommodated;
• After the CDC approves MAI appraisals and directs staff to submit property purchase
offers and to initiate property acquisition negotiations;
• After appraisals are prepared to identify the leasehold interest value of each tenant's
lease;
• After property acquisition negotiations do not result in a negotiated property purchase
and the CDC determines that it must proceed with property acquisition using eminent
domain;
• After the CDC holds a public hearing to consider the property owner's testimony as to
why their property should not be purchased through eminent domain;
23
• After four of the five CDC governing board members vote to proceed with property
acquisition through eminent domain; and
• After the CDC files a Superior Court action to acquire the property through eminent
domain.
This is a long and expensive process, and historically, the CDC has not used its existing
eminent domain authority to acquire property unless it is implementing a site specific
redevelopment project that is both economically feasible and will benefit the greater Project
Area.
The CDC did approve the Park Village development proposal on February 22, 2005 to build a
condominium complex at the current CYAC property. Such action, which may require that the
CYAC relocate (and not necessarily close), is not related to the 2007 Amendment. It is
important to emphasize, however, that the City has a history of working with the CYAC, which
includes financial assistance in the amount of $210,000. If the City did not value CYAC's
services, or intended to force CYAC out of National City, such assistance would never have
been granted to begin with. In the event that the CYAC is forced to relocate, the CDC will be
required to assist with relocation of the CYAC program to another facility of comparable
amenities in accordance with State Law.
Response to Nuriez Statement No. 2
Mr. Nunez does not present specified objections or suggestions to the 2007 Amendment. It
appears that Mr. Nunez has written for the specific purpose of stating the steps he took to
acquire information and documentation relevant to the proposed 2007 Amendment
documentation.
1. In summary Mr. Nunez's letter comments on the availability of and difficulties in obtaining the
documentation associated with the 2007 Amendment.
The RTC and all other documentation associated with the 2007 Amendment were made
available to the public at the same time as it was available to the City Council. The Project Area
has been established for a number of years. Issues and conditions used to establish the Project
Area have been documented in previous reports and many of the issues and conditions are still
present. As a point of departure, review of previous reports is a reliable method of identifying
the basis of the blight designation. Under Article 12 Section 33451.5 (c)(2) of the CRL the CDC
is required to provide a description of the remaining blight and is not required to re-establish the
Project Area as blighted. CRL Section 33333.2(a)(4) provides that time limitations for eminent
domain authority may be extended by amendment of the redevelopment plan after the agency
finds, based on substantial evidence, both that significant blight remains within the project area,
and that this blight cannot be eliminated without use of eminent domain. The Report to the City
Council for the 2007 Amendment documents the presence of significant remaining blight and
why eminent domain authority is needed to assist with the elimination of blighting conditions.
Response to Casillas Statement No. 1
In Casillas Statement No. 1 the author supports CYAC's "objection to the renewal of the city's
urban renewal plan and renewal of eminent domain authority". Mr. Casillas does not consider
the Project Area to be blighted but does not provide facts or evidence to contradict the Report to
City Council. He further states that over the last couple of years the CDC and a developer, Jim
Beauchamp, have been threatening to acquire the CYAC property through the power of eminent
domain.
24
The 2007 Amendment and all supporting documents were prepared in accordance with the
California Community Redevelopment Law ("CRL") (Health and Safety Code Section 33000 et.
seq.). The CRL sets the legal standard for determining whether an area is blighted and
describes the conditions that cause blight. According to the CRL, an area is blighted if the area
is; 1) predominantly urbanized and contains a combination of the conditions set forth in CRL
Section 33031 that it be so prevalent and so substantial that it causes a reduction of, or lack of,
proper utilization of the area to such an extent that it constitutes a serious physical and
economic burden on the community that cannot reasonably be expected to be reversed or
alleviated by private enterprise or governmental action, or both, without redevelopment, and 2)
characterized by one or more physical blighting condition and one or more economic blighting
condition.
There are three relevant CRL requirements that deal with redevelopment plan amendments.
1. Section 33354.6 describes the type of amendments that require a long -form plan
amendment including identification of remaining blight and which portions of the project
area are no longer blighted. The 2007 Amendment does NOT include any of these
types of amendments (such as increase in the limit on tax increment or increase in the
bonded indebtedness limit).
2. CRL Section 33333.2(a)(4) provides that time limitations for eminent domain authority
may be extended by amendment of the redevelopment plan after the agency finds,
based on substantial evidence, both that significant blight remains within the project
area, and that this blight cannot be eliminated without use of eminent domain. This
section is pertinent to the 2007 Amendment that will extend eminent domain authority.
3. CRL Article 12 commencing with Section 33450 outlines the "short -form" amendment
process that may be used for most plan amendments which is pertinent to the 2007
Amendment in combination with Section 33333.2(a)(4). CRL Section 33451.5 describes
amendments that require a specific Report on Blight to be sent to the Department of
Finance and Department of Housing and Community Development and none of the 2007
Amendments fall within these categories.
Therefore CRL Section 33457.1 (in combination with Section 33333.2(a)(4)) is most relevant to
the level of documentation required for the 2007 Amendment. Section 33457.1 states "To the
extent warranted by a proposed amendment...(1) the ordinance adopting an amendment...shall
contain the findings required by Section 33367, and (2) the reports and information required by
Section 33352 shall be prepared and made available to the public prior to the hearing on such
amendment. The Report to the City Council for the 2007 Amendment documents the presence
of significant remaining blight and why eminent domain authority is needed to assist with the
elimination of blighting conditions.
The Report to the City Council for the 2007 Amendment was made available to the public for
review prior to the City Council and CDC joint public hearing. The RTC serves as the factual
basis for the 2007 Amendment and Section B of the RTC includes a description of the physical
and economic blighting conditions that currently exist in the Project Area.
In preparing the RTC, several data sources were utilized to quantify the existing blighting
conditions of the properties within the Project Area. An important data source was a field survey
of the parcels encompassing the Project Area conducted by Rosenow Spevacek Group, Inc.
("RSG"), consultant to the CDC, in April of 2007. Physical and economic blighting conditions
observed in the project area included deterioration and dilapidation, structural obsolescence,
incompatible adjacent land uses, defective/substandard design and inadequate parcel size.
25
Survey results show that 71 % of the Project Area exhibits signs of deterioration and dilapidation
and 55% of the Project Area exhibits signs of substandard or defective design. Furthermore,
information from Grubb and Ellis indicates that retail and office lease rates are generally $0.88
and $0.35-$0.44 per square foot lower than surrounding markets, respectively. For additional
information on the blighting conditions present in the Project Area please see Section B of the
RTC.
With regards to the comments made about condemnation threats, it should be noted that only
the CDC can condemn property for redevelopment purposes. Any other threats over the use of
eminent domain could not have been carried out without formal consent by the CDC Board.
The CDC has retained eminent domain authority in the Project Area, which includes hundreds
of other properties similarly subject to eminent domain, since its adoption in 1995. Moreover, in
the last 12 years the CDC has exercised this authority in only a limited number of
circumstances.
Response to Barragan, Sr. Statement
Barragan, Sr. Statement claims that the CYAC youth program has made tremendous
contributions to the City and concludes that, "After reading the numerous support letters from
National City residents, Educators, Law Enforcement and kids that pursue their dreams in our
center's four walls, it demonstrates that our neighborhoods our not blighted, but rather vibrant
and thriving"
Mr. Barragan claims that the Project Area is not blighted, based on evidence that numerous
letters supporting CYAC were received. This is not sufficient evidence to contradict evidence
presented in the RTC which describes the existing blighting conditions of the Project Area.
Similar to Casillas Statement No. 1, Mr. Barragan, Sr.'s claim that the Project Area is not
blighted neglects to provide any facts or evidence to support his claim. Since Mr. Barragan,
Sr.'s letter of objection would require similar comments and Responses to those provided in
Response to Mr. Casillas, please refer to Response to Casillas Statement No. 1. for additional
information.
Response to Barragan, Jr. Statement
Barragan, Jr. Statement discusses the current CYAC programs available and indicates that
CYAC has had to move twice before and that every time they move kids get lost along the way
and they have to recruit kids again. They do not want to move or close their doors for even a
few months. Furthermore, the letter states that, The area that National City is calling blighted is
not blighted. It's home to many long-time residents and many thriving businesses, businesses
that in the past have supported our program and made our youth center a reality".
As previously explained in preceding comments, it is the CDC's position that the proposed 2007
Amendment does not necessarily pose a specific threat to the continued operation of the center,
as the Amendment does not authorize the acquisition of any property (by eminent domain or
other legal means), nor does it call for the closing or removal of this or any other business or
enterprise in the Project Area. Such allegations are misrepresentations of the facts of the scope
of the Amendment, as well as the circumstances involving property acquisition and relocation
should site acquisition be necessary. The language contained in the proposed 2007
Amendment is part of the record and clearly does not state any specific use of eminent domain,
business closure or any other redevelopment proposal. Moreover, it is the CDC's intent to work
with existing property owners and tenants to effectuate redevelopment whenever and wherever
possible. In accordance with the CDC adopted Owner Participation Rules, in the event that the
CDC decides to move forward with a redevelopment project, the property owner and business
26
tenants are given the first right to submit proposals to participate in the redevelopment proposal.
As previously noted in Response to Nunez Statement No. 1, the CDC's approval of the Park
Village development proposal was a separate action voted on by the CDC Board and is not
related to the 2007 Amendment.
As in some of the other letters incorporated in CYAC Objections, Mr. Barragan, Jr. does not
provide facts or evidence, warranted by the CRL, to support his claim that the Project Area is
not blighted. Therefore, please refer to Response to Casillas Statement No. 1 which adequately
responds to Mr. Barragan's claim that the Project Area is nonblighted.
Response to Farrow Statement
Farrow Statement voices support for CYAC and the program's objection to the renewal of
eminent domain authority and the city's urban renewal plan. According to Dr. Farrow, the CYAC
building could serve different functions, is located in a nicely kept business area with easy
access to transportation and safe parks, and the adjoining businesses are efficiently running
and neat in appearance; not blighted structures. Furthermore, he suggests that the City has
threatened CYAC with "forcible eviction through eminent domain" and that they, "have
repeatedly told the City that other locations offered would not work"
CRL Section 33030 and 33031 outline the criteria for determining that an area is blighted.
These criteria are based on area -wide findings and do not require a parcel -by -parcel
determination of blight. CRL Section 33321 provides that the Project Area need not be
restricted to buildings, improvements, or lands that are detrimental or inimical to the public
health, safety, or welfare, but many consist of an area in which such conditions predominate
and injuriously affect the entire area. In accordance with the CRL, the RTC describes and
substantiates that blighting conditions are prevalent in the Project Area and prevent or
substantially hinder the economically viable use or capacity of buildings or lots.
Since Dr. Farrow does not present evidence nor describe instances of condemnation threats
made by the City it is difficult for staff to provide a direct response. With regards to the
comments made about condemnation threats, it should be noted that only the CDC can
condemn property for redevelopment purposes. Any other threats over the use of eminent
domain could not have been carried out without formal consent by the CDC Board. The CDC
has retained eminent domain authority in the Project Area, which includes hundreds of other
properties similarly subject to eminent domain, since its adoption in 1995. Moreover, in the last
12 years the CDC has exercised this authority in only a limited number of circumstances.
It should be noted, however, that the CDC seeks to work with existing property owners and
tenants to effectuate redevelopment whenever and wherever possible. Should the CDC decide
to move forward with a redevelopment project, it is the CDC's policy, as mentioned in the Owner
Participation Rules, that the property owner and business tenants are given the first right to
submit proposals to participate in the redevelopment proposal.
Response to Lopez Statement
Lopez Statement voices support for CYAC and states That City Council has devised a scheme
to terminate CYAC and that the City Council and CDC have broken relocation promises.
The 2007 Amendment does not target the CYAC property located at 1030 National City Blvd, or
any other specific property. The Redevelopment Plan for the 2007 Amendment is not a specific
plan for the redevelopment of the Project Area; instead, it establishes a process and framework
for implementation. Since Mr. Lopez does not indicate how the CDC has broken relocation
27
promises it is impossible to give a direct response. The Redevelopment Plan includes a
description of the City's relocation program, however, the 2007 Amendment does not include
agreements between the CDC and any private party. Therefore, any statement with regards to
broken relocation promises is not relevant to the 2007 Amendment.
Response to Thompson Statement
Thomas Statement voices support for CYAC, states that closing the CYAC would be a detriment
to the community, and requests that CYAC be permitted to remain in its current location.
The 2007 Amendment is not a specific plan for the redevelopment of the Project Area and does
not include specific plans to acquire the CYAC property. Instead, the 2007 Amendment
provides a framework for the implementation of redevelopment activities in the Project Area. By
adopting the 2007 Amendment, the CDC will not automatically go forth to acquire real property
in the Project Area and will only do so when implementing a site specific redevelopment project
that is both economically feasible and will benefit the greater Project Area. The
2007Amendment does not authorize the acquisition of any property (by eminent domain or other
legal means), nor does it call for the closing or removal of this or any other business or
enterprise in the Project Area. It should be noted that the CDC's approval of the Park Village
development proposal is a separate action, unrelated to the 2007 Amendment. Therefore,
concerns that the CYAC will be forced to relocate, as a result of the CDC approving the Park
Village development proposal, are not relevant. Such allegations are misrepresentations of the
facts of the scope of the Amendment, as well as the circumstances involving property
acquisition and relocation should site acquisition be necessary.
Response to Rivera Statement
Rivera Statement voices support for CYAC and objects to reauthorizing the CDC's eminent
domain authority because of concerns that the CYAC will be forced to relocate.
The concems raised by Mr. Rivera are nearly identical to those in Thomas Statement. Please
refer to Response to Thompson Statement for a Response to this objection.
Response to Russell Statement
Russell Statement voices support for CYAC.
The letter is a general statement proclaiming support for the CYAC. Since the letter makes no
objections to the 2007 Amendment no Response is required.
Response to Carrillo Statement
Carrillo Statement voices support for CYAC and states that once the program is removed it will
be unable to start over again due to financial reasons.
It has been previously mentioned that by adopting the 2007 Amendment, the CDC will not
automatically go forth to acquire real property in the Project Area and will only do so when
implementing a site specific redevelopment project that is both economically feasible and will
benefit the greater Project Area. The 2007_Amendment does not authorize the acquisition of
any property (by eminent domain or other legal means), nor does it call for the closing or
removal of this or any other business or enterprise in the Project Area.
It is acknowledged, however, that the CYAC property is currently subject to condemnation and
would continue to be so if the 2007 Amendment is adopted. Should redevelopment ultimately
lead to the potential displacement of this or any other enterprise or occupant, the CDC is subject
28
to the requirements of the Health and Safety Code which in part mandate the extension of
relocation assistance to affected occupants, and does not necessarily result in the automatic
closure of any such enterprise.
Response to Varela Statement
Varela Statement voices support for CYAC and objects, to the city's urban renewal plan and
renewal of eminent domain authority" The letter urges City Council to, put an end to these
proceedings" and concludes with a statement that City Council can send a positive message to
the community that they choose children over a condominium complex.
Since Mr. Varela's letter does not provide reasons for objecting, it is unclear as to why he
objects to the 2007 Amendment. However, it appears that Mr.Varela's opposition to the 2007
Amendment stems from his belief that by adopting the 2007 Amendment, the City Council would
be choosing a condominium complex over children. It should be noted, however, that the 2007
Amendment only provides the authority to acquire property by one of many legal means, and
even without eminent domain, the fate of the center cannot be guaranteed. Through adopting
the 2007 Amendment City Council is not authorizing the development or redevelopment of any
specific site. Before any new development can occur within the Project Area, the project
proposal will have to undergo the proper approval process which includes a public hearing.
Response to Diamond Statement
Diamond Statement voices support for CYAC.
The letter is a general statement proclaiming support for the CYAC. Since the letter makes no
objections to the 2007 Amendment no Response is required.
Response to Talaro Statement
Talaro Statement is written on behalf of Tuming the Hearts Center, Inc. In addition to voicing
support for CYAC, the letter states that the Turning the Hearts Center, Inc. wishes to continue
partnering with CYAC.
The letter is a general statement proclaiming support for the CYAC. Since the letter makes no
objection to the 2007 Amendment no Response is required.
Response to Silva Statement
Silva Statement affirms that the South Bay Technology Academy desires to collaborate with
CYAC to establish a partnership that will utilize boxing as a delinquency deterrent.
The letter is a general statement proclaiming support for the CYAC and the South Bay
Technology Academy's desire to partner with CYAC. Since the letter makes no objections to
the 2007 Amendment no Response is required.
Response to Flores Statement
Flores Statement is a personal testimony of his experience and involvement with CYAC.
Since the letter makes no objections to the 2007 Amendment no Response is required.
Response to Vargas Statement
Vargas Statement voices support for CYAC and provides a personal testimony.
Since the letter makes no objections to the 2007 Amendment no Response is required.
29
Response to Vallejo Statement
Vallejo Statement voices support of the, " CYAC's objections to the renewal of the city's urban
renewal plan and renewal of eminent domain authority" and states that, " moving the gym will
jeopardize the valuable history that draws the community's youth and family's to the gym".
Furthermore, Mr. Vallejo objects to the "blight designation renewal", arguing that he does not
believe the area is blighted because it is, "full of youth with hard working families that need a
safe place to go".
The letter does not explicitly reveal why Mr. Vallejo objects to the 2007 Amendment. Based on
additional statements in his letter, it appears that his objection stems from fear that the 2007
Amendment is forcing CYAC to move locations. The 2007 Amendment, however, is not a
specific plan for the redevelopment of the Project Area and does not include specific plans to
acquire the CYAC property. Instead, the 2007 Amendment provides a framework for the
implementation of redevelopment activities in the Project Area. By adopting the 2007
Amendment, the CDC will not automatically go forth to acquire real property in the Project Area
and will only do so when implementing a site specific redevelopment project that is both
economically feasible and will benefit the greater Project Area. It should be noted that the
CDC's approval of the Park Village development proposal is a separate action, unrelated to the
2007 Amendment. Concerns that the CYAC will be forced to relocate, as a result of the CDC
approving the Park Village development proposal, are not relevant.
Response to Juarez Statement
Juarez Statement asks for assistance in keeping CYAC open.
The letter makes no objection to the 2007 Amendment but requests assistance for keeping
CYAC open without specifying what type of assistance is being requested. Without additional
information as to the type of assistance desired it is difficult for staff to respond. It should be
noted, however, that any concerns that CYAC may be closed as a result of the CDC's approval
of the Park Village development proposal are not related to the 2007 Amendment.
Response to Tanner Statement
Tanner statement voices support for CYAC, provides personal testimony, and requests that the
gym's closure be reconsidered.
The 2007 Amendment does not target CYAC or any other property for closure or condemnation.
The 2007 Amendment is not a specific plan and only provides a framework for implementation
of redevelopment activity. Furthermore, should the CDC exercise its power of eminent domain
in the Project Area, State Law would require that the CDC provide business relocation
assistance which includes relocation advisory assistance and payments for actual moving and
related expenses. On July 18, 1995, the CDC approved the Relocation of Persons Displaced,
which details the method or relocation plan when nonprofit local community institutions are to be
temporarily or permanently displaced. A copy of the Relocation of Persons Displaced may be
obtained from the Secretary of the CDC.
Furthermore, if adopted, eminent domain can only be used after existing property owners and
business tenants are offered the first right to participate in the redevelopment proposal, MAI
appraisal are prepared to determine the fair market value of each property, acquisition
negotiations take place, relocation needs are determined, and the CDC determines after a
public hearing and four of the five members vote yes, that the property is needed for a
redevelopment purpose and it must seek acquisition through eminent domain.
30
Response to Sifuentes Statement (Sifuentes Statement was written in Spanish and translated
into English by Noreen Johnson. Our response is therefore provided in Spanish and followed
by an English translation.)
- La declaracion por Sifuentes habla de su apoya para CYAC.
- Sifuentes Statement voices support for CYAC.
-Como la carta no hace objeciones a la Enminda 2007 no se requiere respuesta.
-Since the letter makes no objections to the 2007 Amendment no Response is required.
Response to Jurado Statement
Jurado Statement voices support for CYAC.
Since the letter makes no objections to the 2007 Amendment no Response is required.
VOLUME III
Response to Casillas Statement No. 2 on National City Real Estate Price Trends
In Casillas Statement No. 2 the author states his disbelief that the City of National City is
blighted. In his letter, Mr. Casillas presents a blight definition according to the American
Heritage College Dictionary and makes the statement that residential and commercial property
values have increased substantially over the last six years; he uses research obtained from
Sandicor, a San Diego County Regional Multiple Listing Service, and personal experience to
back his belief.
It should first be noted that the RTC, which describes the physical and economic conditions in
the Project Area and serves as the factual basis for the 2007 Amendment, only pertains to the
Project Area. The CDC has not made blight findings on any area outside of the Project Area.
The 2007 version of the CRL is the State of California's adopted doctrine under which the CDC
exists as a public body, both corporate and politic, and it is the CRL that sets the legal standard
for determining whether an area is blighted. Any attempt to prove or disprove blight in an area
is subject to the standards set in CRL Sections 33030 & 33031. Therefore, Mr. Casillas' use of
the American Heritage College Dictionary's definition of blight as, "Something that frustrates
hope or impedes progress and prosperity" is not a valid determinate of what is and is not
blighted.
In his letter, Mr. Casillas argues that real estate prices have not depreciated and nor are they
stagnant. His methodology, however, for arriving at this point is faulty. Based on an increasing
average yearly home price from 2000 through 2006, he concludes that property values within
the Project Area are not stagnant. A review of Mr. Casillas data, however, shows that his data
is based on all properties sold Citywide; it is unclear whether his statements hold true for the
Project Area. In addition, Mr. Casillas arrives at the yearly average sale price by performing an
"apples to oranges" comparison of the multiple listing services. Anyone involved in the real
estate industry, as Mr. Casillas is, knows that comparable sales analysis require comparison of
"like" properties.
Moreover, depreciating or stagnant property values is just one economic condition indicating
blight. According to CRL Section 33030, a blighted area, in addition to being predominantly
31
urbanized, is one that contains one or more physical blighting condition and one or more
economic blighting condition. Therefore, property values do not necessarily need to be
depreciating or stagnant to render a project area as blighted. The RTC, which summarizes the
existing physical and economic conditions within the Project Area, identifies low lease rates,
impaired property values due in part to hazardous wastes, and a high crime rate as the primary
economic blighting conditions noted in the Project Area.
VOLUME VI
Response to Hamaguchi Statement
Hamaguchi Statement voices support for CYAC, states that the authors, "have just become
aware of the plan to destroy and dissolve the National City Youth Organization", and that they
have seen the high-rise hotels and condos around CYAC as well as, the "cutting of programs for
the National City children"
The 2007 Amendment does not target CYAC or any other property for closure or condemnation.
The 2007 Amendment is not a specific plan and only provides a framework for implementation
of redevelopment activity. Statements that the City Council and/or the City are devising a "plan
to destroy and dissolve the National City Youth Organization" are erroneous and furthermore
unsupported by any evidence from Mr. & Mrs. Hamaguchi. It should be noted, however, that
the CDC's approval of the Park Village development proposal is not related to the 2007
Amendment. Therefore, any concern that the CYAC will be forced to relocate as a result of the
CDC's approval of the Park Village development proposal is not relevant to the 2007
Amendment. If the CDC were to move forward with condemning the CYAC property, under
State Law, the CDC would be required to provide business relocation assistance which includes
relocation advisory assistance and payments for actual moving and related expenses. On July
18, 1995, the CDC approved the Relocation of Persons Displaced, which details the method or
relocation plan when nonprofit local community institutions are to be temporarily or permanently
displaced.
Response to Reynoso Statement
Reynoso Statement voices support for the CYAC program and states opposition to the
redevelopment plan; acknowledging that redevelopment would bring financial rewards to the
City, but it would serve detrimental to the development of the youth participating at CYAC.
Ms. Reynoso is opposed to the redevelopment plan because, to her, the Redevelopment Plan
will be harmful to youth development. Since the letter does not provide supporting evidence of
Ms. Reynoso's belief that the Redevelopment Plan will be a detriment to the City's youth, nor
does it suggest any other reason for believing this, staff is unable to respond.
Response to Alba Statement
Alba Statement voices support for CYAC and opposition to the National City Redevelopment
Plan because it would affect CYAC.
Mr. Alba is opposed to the Redevelopment Plan because it would affect the CYAC. In his letter,
Mr. Alba does not explain why the Redevelopment Plan would affect CYAC and he does not
provide other concerns with regards to the 2007 Amendment, therefore, it is difficult for staff to
respond.
32
It should be noted, however, that the 2007 Amendment is not a specific plan; instead it provides
a framework for implementation of redevelopment activities. Although the CDC approved the
Park Village development proposal on February 22, 2005 to build a condominium complex at
the current CYAC property, said action is not related to the 2007 Amendment.
Response to Decker Statement
Decker Statements says that it is wonderful to have CYAC and that it keeps children out of
trouble.
Since the letter is general in nature and does not make any objections to the 2007 Amendment
no response is required.
33
LETTER 8 —
COMMENTS FROM SUZANNE AND ROBERT C. LEIF (Properties located at 1720, 2205,
22051/2, 2207 Cleveland and 2220, 2228 McKinley)
Mr. and Ms. Leif owns property located at 1720 Cleveland Avenue and is filing an objection to
the proposed 2007 Amendment. They present specified objections or suggestions to the 2007
Amendment. They have also incorporated substantiating documents to support objections.
They have previously had property condemned using eminent domain and feel it was taken
because the City had an Exclusive Negotiation Agreement with another party.
1. Ms. Leif's letter comments on the misconception that her property located at 1720 Cleveland
Avenue has been cited for code violations related to outdoor storage of lumber. She states that
they have never been cited for code violations and their tenants repair hydraulic systems and
maintain and immaculate yard.
The Report to Council for the 2007 Amendment is part of the record and does not include
information that specifically identifies 1720 Cleveland as having a code violation. Code violation
information included in the Report to Council is a list of code violations observed by City staff in
the commercial and industrial corridors of the properties affected by the 2007 Amendment.
Pictures were taken of properties in the 2007 Amendment Area to show examples of blighting
conditions including outdoor storage. A picture of this property was not included in RTC.
2. Ms. Leif's letter comments on the fact that the City entered into an exclusive Negotiation
Agreement with Pacific Steel and Home Depot and subsequently solicited their interest in
participating in the development. They question how the CDC could legally accept participation
by another entity if the CDC is committed to an ENA.
The Exclusive Negotiation Agreement is a separate action from the proposed 2007 Amendment.
The 2007 Amendment , if adopted, would only extend the authority for the CDC to use eminent
domain. The 2007 Amendment does not approve any specific acquisition of property, and does
not affect the CDC's existing or future use of an Exclusive Negotiation Agreement. The 2007
Amendment does not approve any specific property for development or any other
redevelopment proposal. Questions about existing or future Exclusive Negotiation Agreements
should be separately addressed to the CDC.
3. Mr. Leif's letter comments on the lack of notification and availability of the documentation
associated with the 2007 Amendment. He claims that he and his family were not notified nor
provided documentation relating to the proposed 2007 Amendment.
The RTC and all other documentation associated with the 2007 Amendment were made
available to the public at the same time as it was available to the City Council. In compliance
with Section 33452 of the California Community Redevelopment Law, notices of the proposed
2007 Amendment were sent to last known assesses of each property as it appears on the
County of San Diego Equalized Assessment Roll. Notices were mailed by first Gass mail and
were also published in the San Diego Union -Tribune and the National City Star News for three
consecutive weeks prior to the joint public hearing.
4. Mr. Leif states that the proposed 2007 Amendment Report to Council is "worthless" because
it was not compared to data from "control areas" such as the "Old" part of La Jolla or Mission
Beach. Furthermore, he states that only lease rates were compared to control areas and were
not adjusted for ethnic composition.
34
Chula Vista is the nearest neighboring city to National City and it is the opinion of RSG that
adjoining cities are more comparable than cities more than 10 miles away. Comparison to
areas such as La Jolla and Mission Beach are more than 10 miles away and generally would
have higher property values and lease rates. Use of these as comparable areas would likely
cause many reviewers to criticize the analysis for purposefully selecting as comparable areas
locations where values were known to be higher and therefore not similar to National City.
Wither regard to not making adjustment for ethnic composition, blighting conditions are typically
not analyzed based upon ethnic data. Ethnicity is not a factor when identifying physical and
economic blight accordingly to CRL.
5. Mr. Leif states that the City is rewarding the Pacific Steel Incorporation (PSI) by allowing
them to participate in a redevelopment project. He also states that PSI is under court order to
cleanup their site and partnership with the City allows them to slow this process down and be
relieved of some of their cleanup responsibilities. He feels that if they were required to cleanup
their site without the help of the City it would speed up the process and eliminate the need for
eminent domain use. He states that the neighboring properties are being held guilty by
association with PSI.
The Exclusive Negotiation Agreement between the City and Home Depot is a separate
unrelated action from the proposed 2007 Amendment. Mr. Leifs comment that he feels the site
would be cleaned up more quickly if the CDC was not involved, is no founded in fact. In fact, as
the Pacific Steel Incorporation (PSI) Project Status Update report dated 1/11/07 indicates,
unless the CDC staff can persuade the DTSC to used their new EOA for RDAs process (which
will speed up the process), it may take in excess of 12 years for the site to be cleaned up. Thus
this existing blight in the Project Area would continue for a longer period of time unless
redevelopment tools can be utilized.
6. Mr. Leif states that the CDC is using the presence of pollution as an excuse to use eminent
domain and transfer land from one private party to another. He feels that the real reason is to
promote economic development.
Section 33031 of the California Community Redevelopment Law defines a condition of
economic blight as impaired property values due to hazardous waste on property where an
agency may be eligible to use its authority as specified under the Polanco Redevelopment Act.
The Polanco Redevelopment Act allows an agency to take any actions determined necessary to
and that are consistent with state and federal laws to remedy or remove hazardous waste.
Property owners can use their own means to clean up hazardous materials or, if within a
redevelopment project area, may partner with the Agency to effectuate clean-up. The CDC
seeks to promote economic development and to the extent that property owners do no privately
clean up hazardous waste, the CDC is interested in working with owners and developers who
are willing to work with the CDC.
35
LETTER 9 -
COMMENTS FROM TED GODSHALK (Property located at 2142 Cleveland Avenue)
Mr. Godshalk owns property located at 2142 Cleveland Avenue.
1. Mr. Godshalk feels that property owner should be allowed to reinvest in their own properties
and expand their business without the interference by the CDC. He doesn't believe that public
funds should be diverted from public services to private development. He also adopts the
objections of all those submitting them even if they are withdrawn.
The CDC encourages all property owners to reinvest in their property, expand their business
and to the extent property owners are willing to undertake such activity, the CDC does not
interfere with such activity. Use of tax increment to carry out redevelopment is frequently the
only way to fund the extraordinary cost of clean-up, replacement of outdated public
infrastructure, demolition of dilapidated buildings, and other activities typically associated with
reuse of older properties.
2. Mr. Godshalk states that the proposed 2007 Amendment Area is not blighted.
The proposed 2007 Amendment required substantiation of both physical and economic blighting
conditions. The Report to Council on the proposed 2007 Amendment details the remaining
blighting conditions found in the Project Area.
36
LETTER 10- COMMENTS FROM TONY BEDFORD
Comments were submitted through Suzanne Leif and it is unclear what his comments are. We
received page 15 of an unspecified document with Mr. Bedford's name on it. No comments
were identifiable on the document.
37
LETTER 11-
STEPHANIE LEIF (Property owner of 4052 Gros Ventre Ave, San Diego, CA 92117)
1. The properties referenced in the Exclusive Negotiation Agreement ("ENA') must be declared
blighted in order for the ENA to hold; however, before the Report to City Council was even
drafted, the CDC adopted Resolution No. 2006-244 at their meeting of November 21, 2006. Ms.
Leif claims that if the Report to City Council were not blighted than the CDC would not have the
power to enforce the ENA. Furthermore, she states that the CDC would receive direct financial
benefit if these properties were found to be blighted and that "the CDC planned redevelopment
based on the blight designation even though there is no blight on the parcels not occupied by
PSI."
According to Ms. Leif, of the parcels in the following list, only those parcels owned by PSI are
blighted and "do have a problem"
- 559-051-09 -559-076-02
-559-051-11 -559-076-09
- 559-051-12 -559-076-10
- 559-056-03 -559-076-11
- 559-071-04 -559-076-04
- 559-076-01 -559-076-15
Furthermore, she contends that these parcels are designated blighted so that the CDC "can use
the power of eminent domain in order to achieve the Redevelopment Plan as outlined in the
ENA"
Based on discussion with city staff this statement is directed towards an Exclusive Negotiating
Agreement and does not pertain, and is not a specified objection to the 2007 Amendment. As
such no response is required.
38
LETTER 12-
CHUCH DICKERHOFF (Property owner of 1513 Roosevelt Avenue)
1. Mr. Dickerhoff indicates that the City shall not take private property by eminent domain and
subsequently turn It over to developers. And that this language should be adopted by
resolution.
This letter does not appear to make any specified objections to the 2007 Amendment. No
response is required.
39
LETTER 13-
RUTAN & TUCKER, LLP- ATTORNEYS AT LAW
(Representing property owner of 1145 National City Boulevard)
Rutan & Tucker's ("R&T') letter on behalf of the property owner at 1145 National City Boulevard
was dated July 3, 2007 (though it shows July 2, 2007 on the second page) and received by the
City Clerk on July 3, 2007 at 3:33 pm. The letter represents that their client objects to the
proposed 2007 Amendment and approval of the negative declaration. Pursuant to the notice of
public hearing, any written objections to the 2007 Amendment were due not later than the hour
set for the joint public hearing, which occurred on June 19, 2007, and closed that same
evening. Because the R&T objection to the 2007 Amendment was received 14 days after the
published deadline for objections, no response is necessary. However, in that the objection
largely "incorporates by reference any and all comments submitted by any public or private
entity...", staff refers to these objections elsewhere in this Response.
With respect to the Negative Declaration objection, staff notes that the public review period on
the negative declaration closed on June 28, 2007, 20 days following the date the notice of intent
published in San Diego Union Tribune on June 8, 2007, and that the July 3, 2007
correspondence came in after this review period concluded. Further, the R&T letter states that
"the negative declaration has failed to adequately address all of the environmental impacts
attendant to the redevelopment plan..." but provides no further detail to substantiate this
position.
40
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COUNCIL AGENDA STATEMENT
MEETING DATE July 10, .2007
AGENDA ITEM NO. 10
ITEM TITLE A resolution of the City Council approving the Negative
Declaration for the proposed 2007 Amendment to the Redevelopment Plan
for the National City Redevelopment Project.
PREPARED BY Q. DEPARTMENT
Patricia Beard, Redevelopment Manager Community Development Commission
(ext 4255)
EXPLANATION The Community Development Commission ("CDC") is proposing an
amendment to the Redevelopment Plan for the National City Redevelopment Project ("2007
Amendment") to: extend the CDC's authority to acquire property through eminent domain for
certain commercial and industrial zoned properties until 2019, change the current exclusion of
eminent domain on single-family homes to include all residential land uses, to modify the
redevelopment plan text as it pertains to redevelopment actions and permitted land uses, and
revise the Public Facilities and Infrastructure Improvement Projects exhibit. The City Council
and the CDC held a joint public hearing on June 19, 2007, where testimony was provided on
the 2007 Amendment and Negative Declaration. Since the Public Hearing testimony did not
question the process the CDC used to conduct an environmental review of the 2007
Amendment, staff is recommending that the City Council, as the lead agency, certify the
\ Negative Declaration prior to considering the final actions for the 2007 Amendment. /
Environmental Review
A negative declaration has been prepared in accordance with The California Environmental Quality
Act ("CEQA"). Staff is submitting the Negative Declaration to the City Council for their
consideration and approval.
Financial Statement
Staff recommendation will have no affect on the City's General Fund. However, if the 2007
Amendment is adopted by the City Council, a fee of $1,800 shall be paid to the County Clerk of the
County of San Diego to file a notice of determination.
STAFF RECOMMENDATION Adopt the resolution.
BOARD / COMMISSION RECOMMENDATION Not applicable.
ATTACHMENTS
1. Background Report
2. City Council Resolution No. -Negative Declaration
as Attachrnent A to the resolution
Account No.
Resolution No.
A-200 (9/80)
RESOLUTION NO. 2007 — 156
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY APPROVING
THE NEGATIVE DECLARATION FOR THE PROPOSED
2007 AMENDMENT TO THE REDEVELOPMENT PLAN
FOR THE NATIONAL CITY REDEVELOPMENT PROJECT
WHEREAS, the City Council of the City of National City ("City Council") and the
Community Development Commission of the City of National City ("CDC") did duly pass and
adopt a Redevelopment Plan for the National City Redevelopment Project ("Plan"); and
WHEREAS, the CDC has formulated an amendment to the Plan ("2007
Amendment") which would:
• Extend the existing time limit, not to exceed 12 years from the adoption of the
amendment of the Plan, for commencement of eminent domain proceedings to
acquire, as a last resort, vacant property (as defined in National City Municipal
Code Section 7.06.20), and all commercial and industrial zoned properties in
those areas that are currently subject to eminent domain authority within the
National City Redevelopment Project Area;
• Add a provision to allow the CDC, if it makes certain findings, to pay all or part of
the value of the land and the costs of the installation and construction of any
publicly -owned building, facility, structure or other improvement within or without
the Project Area pursuant to California Health and Safety Code Section 33445;
• Modify Section VII (c) of the Redevelopment Plan to allow used auto and truck
sales when part of a new vehicle dealership and located on land within the
Transportation Center District, as defined in the Plan;
• Change the current exclusion of eminent domain on single-family homes (Exhibit
D of the Redevelopment Plan) to include all residential land uses; and
WHEREAS, a Negative Declaration has been prepared in conformance with the
California Environmental Quality Act (California Public Resources Code Sections 21000, et.
seq.) on the proposed 2007 Amendment ("Negative Declaration") in the form attached hereto as
Attachment "A"; and
WHEREAS, a notice of the availability of the Negative Declaration for public
review and comment was published on June 8, 2007 in the San Diego Union -Tribune, a
newspaper of general circulation in the City of National City; and
WHEREAS, on June 19, 2007, the CDC and City Council held a joint public
hearing on the proposed 2007 Amendment and Negative Declaration, and received and
considered all evidence and testimony pertaining thereto; and
WHEREAS, it is mandatory that the City Council certify its consideration of and
approve the Negative Declaration prior to acting on an ordinance to adopt the 2007
Amendment.
Resolution No. 2007 — 156
July 3, 2007
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds and
determines that there is not substantial evidence that the proposed 2007 Amendment will have
a significant effect on the environment, and that the Negative Declaration reflects the
independent judgment and analysis of the City Council based upon the whole record of the
Negative Declaration, including the Initial Study contained therein, any comments received, and
evidence and testimony received at the Joint Public Hearing on the Negative Declaration.
BE IT FURTHER RESOLVED that the City Council has reviewed and considered
the information contained in the Negative Declaration prepared for the 2007 Amendment and
hereby approves the Negative Declaration.
BE IT FURTHER RESOLVED that the City Clerk is authorized to file, in
cooperation with the Secretary of the Community Development Commission, a Joint Notice of
Determination with the County Clerk of the County of San Diego following adoption by the City
Council of the ordinance adopting the 2007 Amendment.
PASSED and ADOPTED this 3rd day of July, 2007.
Ron Morrison, Mayor
ATTEST:
Michael R. Della, City Clerk
APPROVED AS TO FORM:
George H. Eiser, Ill
City Attorney
Background Report
Background:
The City Council of the City of National City ("City Council") and the Community
Development Commission ("CDC") held a joint public hearing on the 2007 Amendment
on June 19, 2007. CDC staff and consultants presented the reasons for the proposed
2007 Amendment, and the City Council/CDC received testimony regarding the 2007
Amendment and the Negative Declaration for the 2007 Amendment ("Negative
Declaration"). CDC staff was then directed to prepare written responses to written
objections and to present them at the July 3, 2007, joint meeting. In order to provide
staff with adequate time to prepare the written responses, City Council consideration of
the written responses will be scheduled for the July 10,.2007, joint meeting of the City
Council and CDC.
At this meeting the City Council and the CDC will consider resolutions approving the
Negative Declaration.
The CDC has followed the appropriate environmental review process and the City
Council and the CDC are to consider the certification of the Negative Declaration for the
proposed 2007 Amendment prior to adopting an ordinance approving the 2007
Amendment. The Negative Declaration, along with the Initial Study, was prepared in
accordance with the provisions of the California Environmental Quality Act ("CEQA")
(California Public Resources Code Sections 21000, et. sea.). The Negative Declaration
evaluated the potential environmental impacts and found that the proposed 2007
Amendment would not present any adverse environmental impacts. As site specific
implementation projects are considered, additional environmental review will be
conducted. This review will evaluate the anticipated environmental impacts associated
with the project proposal.
In accordance with CEQA provisions, the Negative Declaration was available for public
review and comment for a period of twenty (20) days. The review period commenced
on June 7, 2007, and ended on June 27, 2007. A notice of intent to adopt the Negative
Declaration and its availability for public review and comment was published on June 8,
2007, in the San Diego Union -Tribune, a newspaper of general circulation in the City of
National City. In addition, an opportunity for public testimony on the Negative
Declaration was provided at the June 19, 2007, joint public hearing. The Negative
Declaration was made available to the CDC and the City Council prior to the joint public
hearing as an attachment to the Report to City Council and is available now as
Attachment A to City Council Resolution No. .
By adopting the attached resolution, the City Council is approving the Negative
Declaration for the 2007 Amendment and authorizing the City Clerk, in
cooperation with Secretary of the CDC, to file a Joint Notice of Determination with
the County Clerk of the County of San Diego following the adoption of an
ordinance approving the 2007 Amendment.
Community Development Commission of National City
1243 National City Boulevard
National City, California 91950-3312
Telephone (619) 336-4250
Fax (619) 336.4286
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Redevelopment flan Amendment 2007 - Negative Declaration
A. INTRODUCTION
The Community Development Commission of the City of National City (the "CDC") prepared "a
Negative Declaration for the proposed 2007 Redevelopment Plan Amendment to extend the
authority to use eminent domain. The CDC proposes to extend the CDC's existing authority to
acquire property, as a last resort, through eminent domain to vacant property (as defined in the
National City Municipal Code Section 7.06.20), and all commercial and industrial zoned
properties in those areas which are currently subject to eminent domain authority within the
National City Redevelopment Project Arca. The current exemption for single family residences
would be expanded so that all housing uses, whether single-family or multi -family, are
specifically excluded from the use of eminent domain.
The Commission currently has the authority to acquire property through eminent domain until
July. 18, 2007 in the following areas:
• Properties located immediately east and adjacent to National City Boulevard, between Division
Street and the south City limits.
• Properties located immediately west and adjacent to National City Boulevard, between Division
Street and State Route 54.
• Properties located immediately west and adjacent to Civic Center Drive, between Interstate 5 and
National City Boulevard.
■ Properties located immediately south and adjacent to Civic Center Drive, between Interstate 5 and
National City Boulevard.
• Properties located immediately north and south and adjacent to 8th Street, between Interstate 5
and "D" Avenue.
• Properties west of Interstate 5, excepting the San Diego Unified Port District property.
• Specific properties located immediately southwest of the intersection of Plaza Boulevard and
IIighland Avenue.
This amendment will extend the Commission's authority to acquire property through eminent
domain within these areas until 2019.
The 2007 Amendment also includes the addition and modification of redevelopment plan text as
it pertains to redevelopment actions and uses permitted in the project area. As proposed the
amendment would add a provision for the CDC to pay all or part of the value of the land and the
cost of the installation and constriction of any publicly owned building, facility, structure, or
other improvement within or without the Project Area pursuant to Health and Safety Code
Section 33445.
The 2007 Amendment would modify Section VII (c) of the Redevelopment Plan, thus allowing
for used auto and truck sales when part of a new vehicle dealership and located on land within
the Transportation Center district. The 2007 Amendment will also change the current exclusion
of eminent domain on single-family homes (Exhibit D) to include all residential land uses, as
well as revising Exhibit C -- "Public Facilities/Infrastructure lmprovemcnt Projects".
No other changes to the Redevelopment Plan for the National City Redevelopment Project are
included in this amendment.
Community Development Commission of National City — Negative Declaration Page 1
Extension of the Authority to Use Eminent Domain
3
The Negative Declaration for the 2007 Amendment evaluated the potential environmental
impacts that could occur with making the proposed amendments to the existing Redevelopment
Plan. The Negative Declaration was mailed for a 20-day public review period beginning June 7,
2007 and is scheduled to end on June 27, 2007. Comments on the 2007 Redevelopment Plan
Amendment Negative Declaration should be submitted during this public review period. The
Negative Declaration will he considered for approval July 3, 2007.
The commercial and industrial properties within the Project Area that are now subject to the use
of eminent domain are shown on the attached map. The change to the 2007 Redevelopment Plan
Amendment to extend the eminent domain tirne limit in the existing project area, revising
Exhibit D to exclude all residential land uses, revising the transportation center section and
revising Exhibit C public facilities and infrastructure is now referred to as the 2007
Redevelopment Plan Amendment, which reflects the stated change.
B. CEQA PROVISIONS
As stated above, a Negative Declaration was prepared for the 2007 Redevelopment Plan
Amendment pursuant to Section 15070 of the California Environmental Quality Act Guidelines
(CEQA Guidelines). The revision to the 2007 Amendment is now reflected by the 2007
Amendment, which did not cause or generate any significant effects.
C'. ENVIRONMENTAL DETERMINATION
The Negative Declaration did not identify any significant or adverse environmental impacts
associated with the extension of the eminent domain time limit in the existing project area,
revising Exhibit D to exclude all residential land uses, revising the transportation center section
and revising Exhibit C — public facilities and infrastructure. Pursuant to CEQA Guidelines
Section 15073.5(c)(2), the Negative Declaration is adequate in its analysis of the 2007
Redevelopment Plan Amendment.
Community Development Commission of National City Negative Declaration Page 2
Extension of the Authority to Ilse Eminent Domain
City of National City, California
COUNCIL AGENDA STATEMENT
11
MEETING DATE July 10, 2007 AGENDA ITEM NO.
ITEM TITLE Report on Wireless Communications Facilities
PREPARED BY Roger Post, 336-4310
EXPLANATION
DEPARTMENT Planning
At the City Council meeting of April 3, 2007, Council discussed the regulation of Wireless
Communications Facilities and asked staff to bring back a report on the matter. On April 17, 2007,
Council considered a report prepared by the City Attorney. The report considered various aspects of the
Telecommunications Act of 1996 and concluded that a moratorium on wireless facilities was not feasible.
Council had also expressed interest in seeing a map of the various wireless facilities present in National
City and asked for an analysis to determine if we had more than our share relative to other cities in the
area. The attached report responds to those requests.
Environmental Review x NIA Exempt
Financial Statement N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
That the report be considered and filed.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
1. Background Report
2. Map of Wireless Facilities in City
3. List of Wireless Facilities in City
1
A-200 (9/99)
National City has a total of 65 wireless communications facilities; since many are co -
located, there are 36 individual sites. Attached is a map showing all the wireless facilities
in the City, which the Planning Department has maintained since 2004. The map shows
that many arc situated along the City freeways, or along major arterials such as Plaza
Boulevard and Highland Avenue. Also attached is a list of the facilities with location and
original applicant information. Many of the names are outdated due to the corporate
reorganizations that have taken place in the industry.
Below is a table that displays information on National City wireless facilities along with
that of several other jurisdictions. We learned that many cities do not keep a count of the
number of such facilities they have approved. The table shows the area and population of
each City along with population per square mile, facilities per person, and facilities per
square mile. While National City has a population comparable to that of La Mesa or
Poway, it is far smaller geographically and thus has a facilities per square mile ratio much
higher than the others. Poway on the other hand, comes out on top in the facilities per
person category at one per 673. This also does not consider that National City's daytime
population is considerably higher than its official population.
National City
Chula Vista
La Mesa
Poway
FACILITIES
65
145
35
75
LOCATIONS
36
n/a
n/a
40
AREA (SQUARE
MILES)
8.5
51
24
39.3
POPULATION
61,419
210,000
55,000
50,442
POPULATION
PER SQUARE
MILE
7,226
4,118
2,292
1,284
FACILITIES PER
PERSON
11945
1/1,448
1/1,571
1/673
FACILITIES PER
SQUARE MILE
7
3
1.5
2
With regard to regulation, wireless facilities are permitted with a Conditional Use Permit
in National City's commercial, industrial, and institutional zones. They are prohibited in
all residential zones, which effectively puts nearly 40% of the City off-limits to them.
Most jurisdictions in the County, however, do not have a similar restriction. 13 of the 19
agencies, including the County of San Diego, allow them in residential zones under
certain circumstances. (See table below). National City also strongly encourages co -
location, the placement of more than one wireless facility at the same site. Stealth
facilities, where the antennas are placed within an architectural feature of the building
and are not readily visible, are also encouraged.
1
Wireless Facilities Allowed in Residential Zones?
JURISDICTION
YES
No
Del Mar
X
Carlsbad
X
Chula Vista
X
Coronado
X
County of San Diego
X
El Cajon
X
Encinitas
X
Fgrondido
X
Imperial Beach
X
La Mesa
X
Lemon Grove
X
National City
X
Oceanside
X
Poway
X
San Diego
X
San Marcos
X
Santee
X
Solana Beach
X
Vista
X
An additional regulation that has been suggested would be to have a minimum distance
that wireless facilities must be separated from residential zones. It is important to note
that many of our main arterials have commercial zoning for about one-half of a block on
either side. A minimum separation of say 100 feet would eliminate many sites along
these corridors and would likely result in large portions of the City being unavailable for
wireless facilities. This could particularly be an issue in the central and eastern portions
of the City.
In summary, National City is a densely populated active City, which no doubt exhibits a
high demand for wireless services. While there are a large number of facilities in the
City, the number does not seem disproportionate when the City's population and
especially daytime population is considered. With its prohibition on wireless facilities in
residential zones, National City is protective of its neighborhoods in a way that most
other jurisdictions in the region are not.
2
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Facility # APN Location Provider Applicant/Consultant Name
Case File No.
1
562-340-44 2434 Southport Way Urban Community Radio, Inc. Urban Community Radio, Inc.
R
562-340-26 300 W 28th Street AirTouch Cellular/Cingular Wireless Cingular Wireless
75-foot monopole with three sector antennas and 450-sq foot equipment building.
CDC Res. No. 94-28
3
556-471-24 801 National City Boulevard Nextel Communications Nextel Communications
Located on roof of Red Lion Hotel. ESMR facility- three whip antennas and equipment cabinet.
CUP-1994-8
4
559-032-02 1215 Wilson Avenue PacificBell Mobile Services PacificBell Mobile Services
Located on roof of existing building. PCS facility six roof -mounted antennas and two ground -mounted equipment boxes.
CUP-1995-11
5
557-410-03 1645 Plaza Boulevard PacificBell Mobile Services PacificBell Mobile Services
Located on roof of Quality Inn.. PCS facility- six panel antennas and equipment cabinet.
CUP-1995-13
6
555-086-11 910 Hoover Avenue AirTouch Cellular AirTouch Cellular
Located on existing building. Cellular facility- three support structures with five panel antennas each, two dish antennas and equipment cabinet
CUP-1995-18 Z-1996-1
7
556-471-24 801 National City Boulevard AT&T Wireless Services D. Garvey Corporation
Located on roof of Red Lion Hotel. Paging facility- four whip antennas, one global positioning satellite antenna and equipment cabinet.
CUP-1996-2
8
554-120-25 2400 E 4th Street AT&T Wireless Services AT&T Wireless Services
Located on roof of Paradise Valley Hospital. Paging facility- four whip antennas: one global positioning satellite antenna and equipment cabinet.
CUP-1996-4
9
559-160-13 1022 W 24th Street GTE Mobilnet GTE Mobilnet
Located on a 360-sq foot building. Cellular facility- 60-foot monopole with twelve panel antennas.
CUP-1996-5 CDP-1996-3
10
AI
563-370-36 3007 Highland Avenue PacificBell Mobile Services PacificBell Mobile Services
Located on existing Super Saver building. PCS facility- six panel antennas and two equipment cabinets.
CUP-1996-6
11
564-471-01 3030 Plaza Bonita Road PacificBell Mobile Services PacificBell Mobile Services
Located atop the existing Plaza Bonita sign. PCS faciiit_y- three antennas and two equipment cabinets at base of sign.
CUP-1996-7
12
554-050-12 303 Palm Avenue AirTouch Cellular AirTouch Cellular
60-foot high monopole with six whip antennas. thirty directional cellular antennas, and three dishes with an equipment cabinet at base.
CUP-1996-8
13
556-471-24 801 National City Boulevard Paging Network (Pagenet) of LA, Inc. Paging Network of LA, Inc.
Located on roof of hotel. Paging facility- four antennas and equipment cabinet one floor down from roof.
CUP-1996-12
14
564-472-01 3030 Plaza Bonita Road Nextel Communications Nextel Communications
Located atop Plaza Bonita sign. ESMR faciliy- n'ne antennas and equipment cabinet.
CUP-1997-8
15
554-050-15 2005 E 4th Street GTE Wireless Lettieri-McIntyre & Associates
Located in El Toyor' Park. Cellular facility- 978' monopole with twelve panel antennas, three omni antennas, and 192-sq foot equipment building.
CUP-1998-4
16
557-420-27 1840 E 12th Street Nextel Communications Nextel Communications
60-foot monopalm on vacant commercial lot.
CUP-1999-4
17
556-471-24 801 National City Boulevard AT&T Wireless Services WFI
Located atop Red Lion Hotel. Wireless communication facility- four antennas and radio base system.
CUP-1999-5
18
555-053-17 700 National City Boulevard Metricom, Inc. Metricom, Inc.
Located atop Holidaylnn. Wireless communication facility with eouipment cabinet.
CUP-2000-4
19
555-082-11 111 W 9Th Street Sprint Tim Kolset, WFI
Located atop 2-story Sid's Carpet Barn warehouse. Wireless communication facility- twelve wireless panel antennas and 4-inch GPS antenna.
CUP-2000-9
20
555-030-21 330 National City Boulevard GTE Wireless JM Consulting Group
Located atop Bay Theatre Wireless communication facility- twelve panel antennas and four ecuipment cabinets.
CUP-2000-11
21
664-250-50 2435 Sweetwater Road Sprint
Located at Sweetwater Inn. Global Positioning System with nine panel antennas.
Tim Kolset, WFI CUP-2000-14
22
554-120-24 2701 E 8"' Street PacBell Krystal Patterson, PlanCom CUP-2000-19
Located at existing church. Antennas located in a 60-foot monument.
23
554-120-18 2701 E 8'h Street AT&T Wireless Services
Located at existing church. Antennas located in a 60-foot monument.
AT&T Wireless Services CUP-2000-24
24
25
26
562-330-43 152 W 33rd Street Sprint Connor, Riley and Associates CUP-2002-8
12 panel antennas mounted on exterior of self -storage building and painted to matcr: all equipment located inside of the buildings.
554-120-24 2701 E 8"' Street Sprint Tim Kolset, WFI CUP-2000-27
Located at existing church. Wireless communication facility- nine antenna and equipment building.
559-040-53 1445 Tidelands Ave Nextel Communications, Inc.
40-toot monopalm with three sectors of four antennas each and ecuipment shelter.
Nextel Communications, Inc. CUP-2000-31
27
28
29
30
31
32
33
34
35
36
37
564-290-06 3300 block Cagle Street Sprint WFI CUP-2001-2
Located at Sweetwater Heights Centennial Park. Wireless communication facility- 35-foot pole with six antennas, equipment building and adjacent lighting for the park.
557-420-27 1905 E. Plaza Boulevard Sprint PCS WFI
53 foot tall monopalm with nine panel antennas. PCS Facility with one equipment enclosure and a GPS antenna.
559-106-17 525 W. 20th Street Sprint Gianni & Associates
Located on existing storage building. Wireless communication facility- 9 antennas and equipment building.
556-473-18 242 E. 8th Street
Located atop an existing church.
CUP-2001.3
CUP-2001-4
AT&T FIXED Wireless CUP-2001-6
554-050-12 303 Palm Avenue Sprint PCS Gianni & Associates
Located on National Guard Armory property. PCS facility six antennas in three 40-foot flag poles, one GPS antenna and a new equipment building.
563-370-35 3007 Highland Avenue Nextel Communications, Inc. Nextel Communications, Inc.
Located atop Sweetwater Square. New equipment building over trash enclosure, nine panel antennas and one GPS antenna.
CUP-2001-10
CUP-2001-12
556-590-61 1019 Highland Avenue Cingular Wireless PlanCom CUP-2002-2
Located atop South Bay Plaza on an existing mechanical equipment screen.
563-231-38 1914 Sweetwater Rd. Cingular Wireless PlanCom CUP-2002-3
Located on an existing 75 foot tall pole sign for the Sweetwater Town and Country Shopping Center.
556-101-15 241 National City Boulevard Cingular Wireless PlanCom
12 panel antennas behind four new partial parapet walls atop an existing furniture store: four equipment cabinets outside
558-200-24 2415 E. 18th Street Cingular Wireless PlanCom
Panel antennas located Inside new light standards; equipment located inside existing commercial budding.
556-354-13 716 Highland Avenue AT&T Wireless Services Shelly Kilbourn
Six facade mounted panel antennas with equipment on root of PacBell switching station. Equipment screened tc match existing.
CUP-2002-6
CUP-2002-13
CUP-2002-14
38
563-010-47 2605 Highland Avenue Sprint Project Design Consultants CUP-2002-18
Six panel antennas and equipment inside a new 54 foot tall monument/cross/sign.
39 554-050-15 2005 E. 4th Street Cingular Wireless Krystal Patterson
12 pane antennas on a replacement lI• 100 foot light standard in El T k d 160 square foot equipment enclosure.
40
41
oyon par an a
556-590-61 1019 Highland Avenue Sprint PCS
6 panel antennas in a new monument sign in the South Bay Plaza shopping center
564-471-01 3030 Plaza Bonita Road Verizon Wireless
12 panel antennas on the roof of the Plaza Bonita Mall behind a screen wall
CUP-2003-5
E3 Solutions CUP-2002-24
Whalen & Company, Inc. CUP-2003-13
42 561-271-01 2005 Highland Avenue Cingular Wireless
12 antennas on the root of a Highland Avenue office building
Krystal Patterson • CUP-2003-4
43 669-060-26 5800 Boxer Road Cingular Wireless Krystal Patterson
12 antennas on the outside of the O.D. Amold water tank and a '.50 square foot equipment enclosure adjacent to the tank
CUP-2003-16
44
panel
562-340-26 300 W. 28th Street Nextel Tetra Tech/Franklin Orozco
12 antennae on existing communications tower and a 270 square foot equloment enclosure adjacent to existing equipment
CUP-2003-30
45
594-110-05 3820 Cagle Street Cingular Wireless Krystal Patterson CUP-2004-3
Located Sweetwater Heights Centennial Park. Wireless communication facility- 55-foot monopine with twelve panel antennas and equipment building.
at
557-420-31 1900 E. Plaza Boulevard Cingular Wireless Krystal Patterson CUP-2004-4
5 antennas in a new pole sign at Jimmy's Restaurant
46
47
panel
552-283-11 2323 E.Division Street Sprint Delta Group
3 antennas in a 9x10x16 roof•mounted cupola
CUP 2004 6
panel
551-570-20 51 North Highland Avenue Sprint Delta Groups/Michael Sloop
2 antennas in a 45' flagpole with 4 wall -mounted equipment cabinets
CUP-2004-15
48
49
panel
669-060-26 5800 Boxer Rd. Sprint
6 antennas on the outside of the O.D. Amold water tank and a 360 square foot equipment enclosure adjacent
PC RE$O, 32 2003
panel
Cathy Lim
PC RESO.20 2002
50
563-231-39 1914 Sweetwater Rd. Nextel
2 antennas in a 45' flagpole with 4 wall -mounted equipment cabinets
51
panel
564-290-06 3820 Cagle Street Cingular ShellyKllborn
55-foot monopine - additional 12 panel antennas and new 275 sq. ft. equipment vault
PC RESO. 11 2002
Co -location on
554-120-24 2701 E 8th Cingular ShellyKilborn
Co -location in church spire • 3 antennas within existing architectural feature
PC RESO. 02 2001
52
53
558-030-30 1035 S. Harbison Ave. Nextel Tim Kolset
12 antennas on a monopalm with 299 sq. ft. equipment enclosure.
CUP-2005-3
r
54
panel
554-050-15 2005 E. 4th Street Nextel Tim Kolset
12 antennas on a 47-foot tall faux -broadleaf awith 230 sq. ft.equipment shelter
CUP-2005-15
55
panel
556-510-12 914 East 8th Street Cingular Shelly Kilbourn
12 antennas on 39-ft monopine with 280 sq. ft. equipment shelter
CUP-2005-10
56
panel
559-040-53 1439 Tidelands Cingular Plancom
12 antennas on monopaim with associated equipment shelter
CUP-2005-9
57
panel
669-060-26 5800 Boxer Rd Cingular Plancom
12 antennas on the outside of the O.D. Amold water tank and a 520 square foot equipment enclosure adjacent
CUP 2005 21
58
panel
563-010-47 2605 Highland Avenue Cricket SRES
3 antennas in new architectural feature of church with associated equipment
CUP•2006 11
59
557-420-31 1900 E Plaza Blvd Cricket SRES
3 antennas on new faux palm tree with associated equipment
CUP 2006 6
60
559-106-17 525 W 20th St Cricket M & M Telcom
3 antennas on existing self storage building painted to match with associated equipment
CUP-2005-25
554-050-15 2005 E 4th Cricket SRES
3 antennas on existing light standard with associated equipment shelter
PC Reso 09-2003
61
62
564-290-06 3820 Cagle St Cricket SRES
3 antennas on existing faux pine tree with vaulted equipment shelter
PC Reso 10 2004
63
669-060-26 5800 Boxer Rd Cricket SRES
3 antennas on exlstin2 water tower with associated equipment shelter
PC Reso 32-2003
64
562-330-43 152 W 33rd Cricket SRES
3 antennas on existing self storage within matching architectural projection witn associated equipment
PC Reso 21-2002
65 1555-053-17 700 National City Blvd Cricket SRES PC Reso 05-2000
3 antennas facade mounted to existing hotsi with associateo equipment
MEETING DATE
City of National City, California
COUNCIL AGENDA STATEMENT
July 10, 2007 AGENDA ITEM NO.
12
ITEM TITLE TEMPORARY USE PERMIT — Circus Vargas sponsored by Tabares Entertainment from
July 26-30, 2007 at the Plaza Bonita mall.
PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety
EXPLANATION
This is a request from Tabares Entertainment to conduct the Circus Vargas event at Plaza Bonita Mall from
July 26-30, 2007. Set up for the event will commence at 8:00 a.m. on July 25, 2007. The showtimes are
as follows:
Thursday, July 26, 2007
Friday, July 27, 2007
Saturday, July 28, 2007
Sunday, July 29, 2007
Monday, July 30, 2007
7:30 p.m.
5:00 p.m., 7:30 p.m.
2:00 p.m., 4:30 p.m., 7:30 p.m.
1:30 p.m., 4:00 p.m., 7:00 p.m.
7:00 p.m.
The event will be dismantled on July 31, 2007 at 5 p.m.
This is a completely self-contained event in a tent approximately 165 feet in diameter. The event consists
of live performances. There are no games, rides, or alcohol served at the event.
Food will be prepared on -site in a trailer. Clean-up will be performed after each show.
Environmental Review X NIA
Financial Statement
Approved By:
The City has incurred $345.00 for processing the TIJP, plus S349.00 Finance Director
for the Fire Permit(s). Finance is asking for a $2,500.00 Bond and a $50.00 Inspection
fee.
Total fees: $744.00 plus $2,500.00 Bond. Account No.
STAFF RECOMMENDATION
Approve the Application for a Temporary Use Permit subject to compliance with all conditions of
approval.
BOARD I COMMISSION RECOMMENDATION
N/A
f ATTACHMENTS ( Listed Below) Resolution No.
Application for a Temporary 'Else Permit with recommended approvals and conditions of approval.
A-200 (9/99)
1
CITY OF NATIONAL CI'I'Y
BUILDING AND SAFETY DEPARTMENT
APPLICATION FOR A TEMPORARY USE PERMIT
RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL
SPONSORING ORGANIZATION: Tabares Entertainment
EVENT: Circus Vargas
DATE OF EVENT: July 26-30, 2007 (set-up July 25, 2007)
TIME OF EVENT: Approx. 1:30 p.m. to 9:30 p.m. daily
APPROVAL
PLANNING YES [ x ) NO [ J SEE CONDITIONS ]
COMMUNITY SERVICES YES [ x) NO [ ] SEE CONDITIONS [ ]
RISK MANAGER YES [ x ) NO [ J SEE CONDITIONS [ x J
ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ]
PUBLIC WORKS YES [ x ) NO [ ) SEE CONDITIONS [ J
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
CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS I x ]
(CONDITIONS OF APPROVAL:
POLICE (619) 336-4400
Applicants will need to contact Lt. Keith Fifield who will determine if any
additional security conditions need to he placed or if the security plan is okay
as is. Lt. Fifield can be reached at (619) 336-4514m T-F, 0600-1600 hours.
ENGINEERING
No CIP Projects in the event's vicinity anticipated as of date. Please confirm
with Engineering 2 weeks prior to the event to check, modify, and confirm
schedule, if necessary.
Please note Plaza Bonita is under construction/expansion. As a result,
sections of access roads, i.e. Ring Road, are closed and may create traffic
congestion issues. In addition, sidewalk, curb and gutter, and roadway
(developer funded) improvements are pending throughout and adjacent to the
property.
For more information, please contact Kenneth Fernandez at 619-336-4388 or
Charles Nissley at 619-336-4396.
FIRE (619) 336-4550
1. Tents having an area in excess of 200 square feet and or canopies in excess of
400 square feet or multiple tents and canopies placed together equaling or
greater than the above stated areas, are to be used, they are to be flame-
retardant treated and a permit form the Fire Department must be obtained.
Permit fees arc $349.00. Fees can only be waived by the City Council.
2. Emergency access throughout the area is to be maintained at all times.
3. Fire Department access roads shall be provided and maintained unobstructed
with a minimum dear width of 20 feet.
4. Generators, vehicles and other internal combustion power sources shall be
separated from the big top and canopies by a minimum of 20 feet and be
isolated from contact with the public by fencing, enclosure, or other approved
means.
5. No open flames or smoking inside or adjacent to tents/canopies. Signs to be
posted "NO SMOKING" throughout the tent/canopy.
6. Minimum of seven (7) exists is required from the big top. Minimum clear exit
width of ten (10) feet must be maintained.
7. Illuminated exit signs are required at all exits and directional points as needed.
Exit sign lettering to he green in color.
8. Exit ways to be illuminated and clearly posted.
9. Minimum of sixteen (16) 2-A:10-BC' fire extinguishers shall be installed
within the big top. Fire extinguishers to be fully charged with current
California State Fire Marshall tag attached.
10. Minimum of eight (8) 2-A:10-BC fire extinguishers are to be provided
throughout the premises of the circus. Travel distance not to exceed 50 feet.
Fire extinguishers to be fully charged with a current California State Marshal
tag attached.
11. Minimum of one 3-A:40-BC fire extinguisher required at each generator. Fire
extinguisher to he fully charged with a current California State Marshal tag
attached.
12. All cooking/food booths to have one 40:BC or K type fire extinguisher where
grease/oil is used in preparation or a byproduct of preparing the food. Fire
extinguisher to be fully charged with a current California State Marshal tag
attached.
13. A fire safety inspection is to be conducted by the Firc Department prior to
opening to the public.
14. Minimum $100.00 after hour inspection fee is required for all Fire Safety
Inspections taking place after hours, weekends, and holidays.
15. Access to Plaza Bonita Shopping Center to be maintained at all times, to all
entrances, fire hydrants and all fire department connections for fire sprinkler
systems, sandpipes, etc.
16. Fire Hydrants shall not be blocked or obstructed, clear and unobstructed
access is to be maintained at all times.
17. Occupant Toad of 1,500 to be clearly posted in the big top.
3
FINANCE (619) 336-4330
1. A $2,500.00 Bond and a $50 Inspection Fee are required for a Carnival or
Circus, which ahs to be paid at least two weeks prior to the start date of the
event.
2. A Business License is required if monies are solicited, admission fee is
charged, or if food, beverages and merchandise are sold. The organization
holding this event and each vendor present at this event must have a separate
business license. Vendors currently licensed by the City may operate under
their existing license.
3. A list of all participating vendors (with their address, phone number, and
current National City business license number) is to be provided to the
Revenue & Recovery Division of the Finance Department two prior to the
event for verification of business licenses.
4. If any of the vendors or organizations is registered not -for -profit, there will he
no charge for a business license. However, a business license certificate must
be obtained from the City Revenue & Recovery Division, Business License
Section. (Note: a clearance fee does apply to Non-profit organizations
located in National City that submit an initial business license application.)
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 he determine by the Risk Manager.
RISK MANAGER (619) 336-4300
I've reviewed the application for the proposed use and note that the event will
be held on privately owned property at Plaza Bonita. However, in keeping
with the public interest, the applicant sponsoring organization, Tabares
Entertainment, should provide evidence of the following insurance coverages:
Commercial General Liability insurance with policy limits of at least $2M per
occurrence and $4M aggregate. In the alternative, the applicant could provide
liability coverage with limits of $2M per occurrence, so long as the limits are
dedicated or specific to this engagement.;
Commercial Auto Liability insurance with limits of at least $1 M per accident,
combined single limits, any auto designation; and
Workers' Compensation insurance with limits sufficient to satisfy California
statutory requirements, for all employees subject to the state laws.
The insurance must be provided by insurers licensed to do business in the
State of California which are rated "A-, VI" or better by the current AM Best
Rating Guide and/or approved by the City's Risk Manager.
Otherwise, I have no objections to the application.
I.,ct me know if you have any questions — Ashley Fenton, Risk Manager
�-I
Type of Event:
_ Public Concert
Parade
Motion Picture
Event Title:
Event Location:
_ Fair FsStival _ Community Event
_ Demonstration E.- ircus Block Party
_ Grand Opening Other
P I0:-La—
Event Date(s): From
Actual Event Hours: I 13O a
to 7 j30/67 Total Anticipated Attendance: 300 P � rA kcr>-J
M6nth/Day/Ye r (__._Participants)
( L..--Spectators)
q i3() akb..fiQs
Setup/assembly/construction Date: 7/2Sifil Start time: i! cY
Please describe the scope of your setup/assembly work (specific details):
cZA1S 2 �2n �� SL4•C---51.-11 0..1.44 (iSS0G
Dismantle Date: 7/3)' 0) Completion Time: 5 i'D C) am/ nD
List any street(s) requiring closure as a result of this event. Include street name(s), day and
time of closing and day and time of reopening.
11--
Sponsoring Organization: `rp i Q S } 0.\ y1 f "J V For Profit
Not -for -Profit
Chief Officer of Organization (Name) JJQJ\ Cyr\ Q i 1(0 q
Applicant (Name): V\ OO (\S L i\ ° ' J
Address: 2_53 l SRs:Ls0. 14 pv_js 7 O ° 'c t; (lto!
y v► Yb-7StE 7
Daytime Phone: � vening Phone: (� Ip �b �i� `fax: (__ cl$� - O-) I
Contact Person "on site" day of the event: /v 4.As Q JK 11cj J
e�1�
Pager/Cellular: S U I / -- -3Z"'
NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT
AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS
Mack@(akda,�aichc'y cow,
S
Is your organization a "Tax Exempt, nonprofit" organization? YES " NO
Are admission, entry, vendor or participant fees required? YES _ NO
If YES, please explain the purpose and provide amount(s): Erb v, >� — J L. ` 10
$ Estimated Gross Receipts including ticket, product and sponsorship sales from
this event.
$ Estimated Expenses for this event.
$ What is the projected amount of revenue that the Nonprofit Organization will
receive as a result of this event?
Please provide a DETAILED DESCRIPTION of your event. Include details regarding any
components of your event such as the use of vehicles, animals, rides or any other pertinent
information about the event.
C-1 ! w S ern'(rno. \ 1--S 1 --
C.arn S ,ten s , rr. a.� i10 q QA it e A. r e-
N° (r-A--6s, No KN0GS t Na HLcoWoL L. S
_ YES __ NO If the event involves the sale of cars, will the cars come exclusively from
National City car dealers? If NO, list any additional dealers involved in the
sale:
YES t O Does the event involve the sale or use of alcoholic beverages?
1./YES NO Will items or services be sold at the event? If yes, please describe:
C-OI\ kS` \S Ovne nova,\ -es
_ YES V 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.
VYES NO Does the event involve a fixed venue site? If YES, attach a detailed site map
showing all streets impacted by the event.
%ES NO Does the event involve the use of tents or canopies!? If YES:
Number of tent/canopies 1 Sizes u t, 3 (2p v
NOTE: A separate Fire Department permit is required for tents or canopies.
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:
Y V V V V V V V V
Alcoholic and Nonalcoholic Concession and/or Beer Garden areas.
Food Concession and/or Food Preparation areas t-p(�
Please describe how food will be served at the event: _01'�' o3 P Q.19 rC.� 1 l
Co.,‘i' O Sw.N4S Orr\ kayo.\\ ( Nil b0o 'nT510k
If you intend to co k food in the event area please specify the method:
GAS !,---ELECTRIC CHARCOAL OTHER (Specify):
Portable and/or Permanent Toilet Facilities
Number of portable toilets: .5 (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: 5 Trash containers with lids:
Describe your plan for clean-up and removal of waste and garbage during and after the event:
CAQp.n `.)e a.VW e9•Cl/r• st(A) - Co,>*(lacQJ fr.00J0-(9-1
bc��a �r5'r e Cn r >`c9 0..---/) r Uska �� how;,' c\,\ ShJS .
Please describe your procedures for both Crowd Control and Internal Security:
t,c,A ih 1 c-,co v3d cnpshiA uScLJ . Csl 1 per, Q s ( to
6)0
_ YES O Have you hired any Professional Security organization to handle security
arrangements for this event? If YES, please list:
Security Organization:
Security Organization Address:
Security Director (Name):
Phone:
VYES _ NO Is this a night event? If YES, please state how the event and surrounding area
will be illuminated to ensure safety pf the participants and spectators:
1 -►s% s r(t'} c)J h� P1Q-29. �j�, ► r-�
e (- r 0.r
Please indicate wh4 arrangement you have made for providing First Aid Staffing and EquipmentKS lot oir
Please describe your Accessibility Plan for access at your event by individuals with disabilities.
-a �a c? rcQ PC) Mft‘fS c r S'64)5 , t�1\ \S e ask- ero o►')
Vowse- 2111. w A, ID 1slskc l.xxS a{ e J ► n
S oG tA) /�� ► ✓
Please provide a detailed description of your PARKING plan:
�c)\0.ir P a-� (bnri.\ PC,rkt rj
Please describe your planfor DISABLED PARKING: ,
tAh_ W 1�.Mc,-4 k 'DI5 ahl_eL 'S hQ
fir' o- --Q'
A
g
Please describe your plans to notify all residents, businesses and churches impacted by the
event:
to 1 bc\sa c cJn \ C_O.SK fM
NOTE: Neighborhood residents must be notified 72 hours in advance when events are
scheduled in the City parks.
_ YESO Are there any musical entertainment features related to your event? If YES,
please state the number of stages, number of bands and type of music.
Number of Stages:
Type of Music:
►AYES _ NO Will sound amplification be used? If YES, please indicate: ' iS )(JCLQ.,
Start time: , ; amir Finish Time _am/ rt�) J�
_ YES ►/ NO Will sound checks be conducted prior to the event? If YES, please indicate:`/
Number of Bands:
Start time:
am/'pm Finish Time am/pm
Please describe the sound equipment that will be used for your event:
YES l/ NO Fireworks, rockets, or other pyrotechnics? If YES, please describe:
_ YES `! NO Any signs, banners, decorations, special lighting? If YES, please describe:
Revised 08/10/05
For Office 'Use OnCy
Event:
Department Date
Approved? Yes No Initial
Specific Conditions of Approval
Council Meeting Date:
Approved: Yes No
Vote:
Kathleen Trees, Director
Building & Safety Department
City of National City
PUBLIC PROPERTY USE HOLD HARMLESS AND
INDEMNIFICATION AGREEMENT
Persons requesting use of City property, facilities or personnel are required to
provide a minimum of $1,000,000 combined single limit insurance for bodily
injurf 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 1-O 0.( Q,S ` 1'1'.
Person in Charge of Activity N QAScj`n Q`l� F dg.
'" Address r19114b..r r1 r . 1 4Q-1 rn,y t/
Telephone Ci ti-1 2'35 -7 L Date(s) of Use 714.5/0 7 — 71.31147
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.
Sig natu e o Applicant
)20�° r Q. S Q-,Jb-� J 2.
Official Title
5)}3/b7
Date
For Office Use Only
Certificate of Insurance Approved Date
I1
Thurs July 26
Fri July 27
Sat July 28
Sun July 29
Mon July 30
Circus Vargas
Westfield Plaza Bonita, National City
July 26 - 30, 2007
SHOW TIMES:
7:30 pm
5:00 7:30 pm
2:00 4:30 7:30 pm
1:30 4:00 7:00 pm
7:00 pm
LENGTH OF SHOW: Approximately one and one-half hours
EXPECTED ATTENDANCE: 300 - 500 per performance
SEATING CAPACITY OF TENT: 1,500
NO GAMES OF CHANCE
NO RIDES
NO EXOTIC ANIMALS
NO ALCOHOL IS SOLD OR SERVED
NO OUTSIDE CONTRACTED VENDORS
Circus Management provides in-house security guards. Management carries cell
phone in case of 911 Emergency
Circus Vargas is completely self-contained. The show has a double generator system.
If the main generator shuts down, the back up generator automatically turns on. A
source of water is usually provided to the circus by the venue on which the circus con-
ducts business.
Circus Vargas rents porta-potties from local sanitation companies.
Since Circus Vargas is a family show and attracts primarily families, in-house security
is normally sufficient to provide appropriate crowd control. The security can use cell
phones to contact local law enforcement if the need exists.
IZ
Ik
INMIP
a)
r
as
4.
Exit
0
t0
r.
IIMISIMIMI
Performer trailers
Management
traders
-
Exit
St
co
co
oG
Exit
Generators
0
fr
v
al
04
Iima
Exit Management
trailers
AIMIIIMIIIIMP
Trucks
Restrooms
Food
Trailer
Trucks
Ticket trailer
& entrance gates
Circus Vargas Generic Lot Layout
Specific layout may be modified for the location where the show is set up.
This sheet is provided to show the entire operation and approximate
locations of items to be set up.
/5
Exit
1-20'EXIT
7— la' EXITS
X — Fire Extinguishers
(Total of 16, located on
ground level near exits)
Area Marked Green are bleacher benches
Area Marked as chairs are plastic seats
on bleachers
Boxes around ring have 2 rows of 4 loose .
--- chairs each. Chairs are removed for
Handicapped Beating on an as -needed basis
Exit
50
PERFORMERS
ENTRANCE
25'
MAIN
ENTRANCE
MARQUEE
►tp
•
Exit
Exit
•
•
r
•
i,
SCALE.
E---�
SEATING
CAPACI'JI'Y
1500
Illuminated Exit Sign with 2 sources
of power above every exit
17
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE July l0, 2007
AGENDA ITEM NO.
13
ITEM TITLE TEMPORARY USE PERMIT — National Night Out on August 7, 2007 from 5 p.m. to 8 p.m.
at Kimball Park and surrounding streets.
PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety
EXPLANATION
This is a request from Community Services to conduct the National Night Out event at Kimball Park and
surrounding streets on August 7, 2007 from 5 p.m. to 8 p.m. This event is a community barbeque and rally
followed by a brief march. Use of the City's PA system is requested.
This event requires the following street closures:
D Ave between 12th St and Plaza Blvd.
Plaza Blvd between D Ave and National City Blvd. (westbound traffic)
National City Blvd. between Plaza Blvd and 12th St. (northbound traffic)
12th St. between National City Blvd and "A" Ave.
A Ave between 12th St and Kimball Park
The event is a National City Sponsored event per City Council Policy #804. Therefore, the applicant is
eligible for a waiver of fees.
Environmental Review X N/A
Financial Statement
The City has incurred $345.00 for processing the TUP and $470.85 for Public Works.
Total cost: $815.85
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval
including use of the City Stage.
BOARD 1 COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below) Resolution No.
Application for a Temporary Use Permit with recommended approvals and conditions of approval.
A-200 (s/ss)
CITY OF NATIONAL CITY
BUILDING AND SAFETY DEPARTMENT
APPLICATION FOR A TEMPORARY USE PERMIT
RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL
SPONSORING ORGANIZATION: National City Community Services Dept.
EVENT: National Night Out
DATE OF EVENT: August 7, 2007
TIME OF EVENT: 5 p.m. to 8 p.m.
APPROVALS:
PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ]
COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ]
RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ]
ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ]
PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ]
FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ]
FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ]
POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ]
CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ]
CONDITIONS OF APPROVAL:
POLICE (619) 336-4400
Assist Community Services as needed.
ENGINEERING
Call the Engineering Dept. 72 hours prior to the event for any necessary
coordination in case of construction in the vicinity. Call Charles at 619-336-
4380.
FIRE (619) 336-4550
1. Fire access to be maintained at all times.
2. Access to be maintained at all times to all Fire Department connections and
appliances, (fire hydrants, sprinkler system connections, etc.). Within the
surrounding area of the event.
3. Cooking area to have one 2A:IOBC. If grease or oil is used in cooking a
40:BC or class "K" tire extinguisher will be required. All fire extinguishers to
have a current State Fire Marshal Tag attached.
4. Parade participants to move immediately to the sidewalks upon approach of
emergency vehicles operation emergency warring devises.
2
RISK MANAGER (619) 336-4300
I've reviewed the application for the proposed use and note that the event will
be held on City property at Kimball Park and the area immediately
surrounding the park from 4:00 p.m. through 9 p.m. August 7th to
accommodate set up and clean up. With only 200 persons anticipated, this will
not be a large event. The applicant sponsoring organization, Community
Services, is a City department so this is a sanctioned City -sponsored event. No
separate insurance is required.
With the proximity to Station 34 and attendance of NCPD and members of
FFA, we're covered if there is a medical event. No additional security is
required as the participants who wish to march around the park will be given
glow sticks, will be accompanied by City staff and will not be walking in
complete darkness.
I have no objection to the event as proposed.
Let me know if you have any questions — Ashley Fenton, Risk Manager
PUBLIC WORKS (619) 336-4580
Street Division
1. Staff will barricade affected streets and remove there when the event is over.
2. Staff will post "No Parking" signs along affected streets before the event.
3. The cost to provide Street personnel support for this event is estimated to be
$470.85. This amount should be paid to the City, unless waived by the City
Council.
• "No Parking" Signs 60 @ $0.45 ea — $ 27.00
• Barricades 48 @ $0.35 ea = 16.80
• Overtime Hours 12 hrs @ $32.57 = 390.84
• Equipment Hours 3 hrs @ $12.07 = 36.21
• Total = $470 85
Fees
Unless waived by the City Council, the applicant shall pay $470.85 for staff
costs associated with this permit request.
3
Type of Event:
Public Concert
X Parade
Motion Picture
Event Title:
Event Location:
Event Date(s): From 8' 7 to 8 /7 Total Anticipated Attendance: 2.00
Month/Day/Year ( X Participants)
( Spectators)
Actual Event Hours: 5 amer to SQ fam/ED
U L Setup/assembly/construction Date: 7 Start time: LI I
Please describe the scope of your setup/assembly work (specific details):
S2+ - oC- c)\cric *nobles , VP- 545- ni ,
(� B6a -IraAler.
Dismantle Date: a' 7 Completion Time: S am, rr
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.
T (�„ , it' r Q► i wa Plaza ta\vd (.b, , o /u•C okva
N e. N • C \vc\ (IQeiwan PlAar. * %Z * i" bbe-twean / ava ' Pc' foe)
A' Ave. i n "\ZV-irnhall
Fair
Demonstration
Festival
Circus
^ Grand Opening Other
XCommunity Event
Block Party
it
L' <
rn
3O Ono1/41 N ict c r
iV .k1 Paf - Bur'coundi, 3*r ets
Sponsoring Organization: D '(YlU'l iL Servic-es For Profit
71
Chief Officer of Organization (Name) j(2,usi
(A LOpeZ (..Not -for -Profit
Applicant (Name): Lolo��r rr l2 ex-) .t-
Address: kt' St r Sk .
Daytime Phone: ((slat) 33(9 IZ qEvening Phone: (04) 81 'Z{ Fax::(.._ _)
Contact Person "on site" day of the event: _ _. _ �avar'eln Lo u.ke & . _
Pager/Cellular: &ICI - 808 - 87-O i
NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT
AND IMMEDIATELY AVAILABLE TO CITY' OFFICIALS
4
Is your organization a 'Tax Exempt, nonprofit" organization? '.YES NO
�j Are admission, entry, vendor or participant fees required? YES J�. NO
If YES, please explain the purpose and provide amount(s):
$ Estimated Gross Receipts including ticket, product and sponsorship sales from
this event.
$ Estimated Expenses for this event.
$ What is the projected amount of revenue that the Nonprofit Organization will
receive as a result of this event?
Please provide a DETAILED. DESCRIPTION of your. event. Include details regarding any
components of your event such as the use of vehicles, animals, rides or any other pertinent
information about the event.
C c�mmur� i i313 Q c nd coat' j o i lcwec\
bx,\ o 51-oc-1-- ma -di e or
(`Gv i ns Qo otS .
YES NO If the event involves the sale of cars, will the cars come exclusively from
National City car dealers? If NO, list any additional dealers involved in the
sale:
YES
YES
NO Does the event involve the sale or use of alcoholic beverages?
NO Will items or services be sold at the event? If yes, please describe:
S _ NO Does the event involve a moving route of any kind along streets, sidewalks or
highways? If YES, attach a detailed map of your proposed route indicate the
direction of travel, and provide a written narrative to explain your route.
YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map
showing all streets impacted by the event.
_ YES, NO Does the event involve the use of tents or canopies? If YES:
Number of tent/canopies Sizes
NOTE: A separate Fire Department permit is required for tents or canopies.
_ YES tkNO
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 wi1t �, 1
Please describe how food will be served at the event:
ha\ -cos + how aur
4
If you intend to cook food in the event area please specify the method:
GAS ELECTRIC , CHARCOAL OTHER (Specify):
➢ Portable and/or Permanent Toilet Facilities — QorV— Res-tr3O(1S
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)
T. Booths, exhibits, displays or enclosures
T. Scaffolding, bleachers, platforms, stages, grandstands or related structures
➢ Vehicles and/or trailers
Other related event components not covered above
➢ Trash containers and dumpsters
(Note: You must properly dispose of waste and garbage throughout the term of your
event and immediately upon conclusion of the event the area must be returned to a clean
condition.)
Number of trash cans: - Trash containers with lids:
Describe your plan for clean-up and removal of waste and garbage during and after the event:
\} Q, w11I U, ttLe poY'. *cosh CeC2p+c&cles
Please describe your procedures for both Crowd Control and Internal Security:
Ne,20 will V2 on hand
_ YES fq\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 _ 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:
ee r I y- ki(3\ -Nin
Please indicate what arrangement you have made for providing First Aid Staffing and Equipment.
NQ o wit\ bQ, on hoard
4
Please describe your Accessibility Plan for access at your event by individuals with disabilities:
'\5 ��ess �blsz
Please provide a detailed description of your PARKING plan:
V [nba\\ u,i rs \o Low 1� 1��i 1tzQd
Please describe your plan for DISABLED PARKING:
Please describe your plans to notify all residents, businesses and churches impacted by the
event:
\ k\ex'S \ tm0;\12J3
NOTE: Neighborhood residents must be notified 72 hours in advance when events are
scheduled in the City parks.
YESO Are there any musical entertainment features related to your event? If YES,
please state the number of stages, number of bands and type of music.
Number of Stages:
Type of Music:
ES __ NO Will sound amplification be used? If YES, please indicate:
Number of Bands:
Start time:
530
3d
am/0 Finish Time ami Q
0 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 0 Fireworks, rockets, or other pyrotechnics? If YES, please describe:
_ YES — 0 Any signs, banners, decorations, speciallighting? li htin ? If YES,please describe:
Revised 10/3/01
Event:
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
•
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 i \`�"L� (`,� ! V 0 Ltend\ C 1
ttl
Person in Charge of Activity LaA'er)
Address
\ LAa E . \2 5� s+ 6
Telephone (Alci" et?) - $ Date(s) of Use CAI 7 10 Cr,
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 agrees) 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.
oSi tune of Applicant 0►4
t164*C h00a Cartail 0,008 . 5 / 2 t 107
OfficiaMtte Date
For Office Use Only
Certificate of Insurance Approved Date
/0
R a UESVf�RA?.
UClAaVER"�; FEES
• ,
Non-profit organizations, which meet the criteria on page v of the instructions, will
be considered for a waiver. If you .would like to request,awaiver 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 o the sponsoring orgaiiization
Ci CC- f O-t trines\ C
Type of Organization �_ocb...\ COV • +
(Service Club, Church, Social Service Agency, etc.) r
3. Will the event generate net income or proceeds t the sponsoring
organization?
Yes (Please proceed to Question 4)
1"No (Please sign the form and submit it with the TUP
Application)
4. Will the proceeds provide a direct financial benefit to an individual
who resides in or is employed in the city, and who is in dire financial
need due to health reasons or a death in the family?
Yes (Please provide an explanation and details.
')Ns. No (Please proceed to Question 5)
it(
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.
Y-. 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:
1"--No (P lease sign the form and submit it with the TUP
Application)
512
Date
07
12
City of National City, California
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
MEETING DATE July 10, 2007 AGENDA ITEM NO. 14
II-TEM TITLE
A resolution of the Community Development Commission approving the
proposed 2007 Amendment to the Redevelopment Plan for the National City
Redevelopment Project.
PREPARED BY DEPARTMENT
Patricia Beard, Redevelop nt Manager Community Development Commission
text 42551
EXPLANATION The Community Development Commission ("CDC") has prepared an
amendment to the Redevelopment Plan for the National City Redevelopment Project ("2007
Amendment") in accordance with California Community Redevelopment Law ("CRL") (Health
and Safety Code Sections 33000 et. seq.). As proposed, the 2007 Amendment would: 1)
extend the CDC's authority to acquire property through eminent domain for certain commercial
and industrial zoned properties until 2019, 2) change the current exclusion of eminent domain
on single-family homes to include all residential land uses, 3) modify the redevelopment plan
text as it pertains to redevelopment actions and permitted land uses, and 4) revise the Public
Facilities and Infrastructure Improvement Projects exhibit. The City Council and the CDC
received testimony for and against the 2007 Amendment at a joint public hearing held on June
19, 2007. In accordance with CRL Section 33363, the CDC responded in writing to all written
objections received on the 2007 Amendment, and City Council has considered and adopted
the CDC's written responses. CDC staff is now recommending that the CDC adopt the
attached resolution. By adopting the attached resolution, the CDC is approving the 2007
Amendment and recommending to the City Council that they adopt an ordinance, thus
approving the 2007 Amendment.
Environmental Review
A negative declaration was prepared in accordance with the California Environmental Quality Act
and approved by both the Citv Council and the CDC on July 3. 2007.
Financial Statement
Staffs recommendation will have no immediate or direct fiscal impact. However, implementation of
the 2007 Amendment may result in future CDC expenditures.
J
STAFF RECOMMENDATIONS Staff was requested to advise the Board on options for reducing,
the duration of the Amendment. The duration of the Amendment up to a maximum of 12 years,
if approved, is at the sole discretion of the Board. Staff recommends the Board provide direction.
BOARD / COMMISSION RECOMMENDATION Not applicable.
• ATTACHMENTS
I . CDC Resolution No. -Redevelopment Plan for the
2007 Amendment as Attachment A to the resolution
Resolution No.
A-200 (9/80)
RESOLUTION NO. 2007 —
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY APPROVING
THE REDEVELOPMENT PLAN TEXT FOR THE 2007 AMENDMENT
TO THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY
REDEVELOPMENT PROJECT
WHEREAS, the Community Development Commission of the City of National
City ("CDC"), is a combined housing authority and redevelopment agency (a public body,
corporate and politic) duly created, established and authorized to transact business and
exercise its powers, all under and pursuant to the Community Redevelopment Law (Part 1 of
Division 24,.commencing with Section 33000, et. seq. of the Health and Safety Code of the
State of California); and
WHEREAS, the City Council of the City of National City ("City Council") has
adopted and subsequently amended the Redevelopment Plan for the National City
Redevelopment Project ("Redevelopment Plan"), on November 18, 1969, by Ordinance No.
1233; on June 24, 1975, by Ordinance No. 1471; on April 13, 1976, by Ordinance No. 1505; on
December 13, 1977, by Ordinance No. 1610, and subsequently amended on December 1,
1981, by Ordinance No. 1762; on May 22, 1984, by Ordinance No. 1821; on April 16, 1985, by
Ordinance No. 1851; on June 18, 1991, by Ordinance No. 91-2013; on July 18, 1995, by
Ordinance No. 95-2095; and on June 19, 2001, by Ordinance No. 2001-2187, incorporated
herein by reference; and
WHEREAS, the Redevelopment Plan, as adopted and amended, granted the
CDC the authority to acquire certain property within the National City Redevelopment Project
Area ("Project Area") through eminent domain; and
WHEREAS, the CDC's eminent domain authority is set to expire on July 18,
2007; and
WHEREAS, CDC staff and consultants have determined that blighting conditions
still remain in the Project Area and that the use of eminent domain is necessary to implement
future Redevelopment Plan projects and programs; and
WHEREAS, the CDC has undertaken an amendment to the Redevelopment Plan
that will extend the CDC's authority to acquire property through eminent domain for certain
commercial and industrial zoned properties until 2019, change the current exclusion of eminent
domain on single-family homes to include all residential land uses, to modify the redevelopment
plan text as it pertains to redevelopment actions and permitted land uses, and revise the Public
Facilities and Infrastructure Improvement Projects exhibit ("2007 Amendment"). Said 2007
Amendment will not modify the boundaries of the Project Area, nor expand the acquisition areas
in which the CDC's eminent domain authority may be exercised.
NOW, THEREFORE, BE IT RESOLVED that the Community Development
Commission of the City of National City hereby finds and determines that each of the above
recitals is true and correct, and the CDC hereby approves the 2007 Amendment, as attached
hereto and incorporated herein by reference, and recommends that the City Council adopt the
2007 Amendment.
--- Signature Page to Follow ---
Resolution No. 2007 —
July 10, 2007
Page 2
PASSED AND ADOPTED this 10th day of July 2007.
Ron Morrison, Chairman
ATTEST:
Brad Raulston, Secretary
APPROVED AS TO FORM:
George H. Eiser, III
Legal Counsel
ATTACHMENT A
REDEVELOPMENT PLAN
FOR THE 2007 AMENDMENT
TO THE NATIONAL CITY REDEVELOPMENT PROJECT
[REPLACE PAGE WITH REDEVELOPMENT PLAN]
City of National City, California
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
MEETING DATE July 10, 2007
AGENDA ITEM NO. 15
(TEM TITLE
A resolution of the Community Development Commission approving the
Negative Declaration for the proposed 2007 Amendment to the
Redevelopment Plan for the National City Redevelopment Project.
PREPARED BY DEPARTMENT
Patricia Beard, Redeye opment Manager Community Development Commission
(ext 4255)
EXPLANATION
The Community Development Commission ("CDC") is proposing an amendment to the
Redevelopment Plan for the National City Redevelopment Project ("2007 Amendment") to:
extend the CDC's authority to acquire property through eminent domain for certain commercial
and industrial zoned properties until 2019, change the current exclusion of eminent domain on
single-family homes to include all residential land uses, to modify the redevelopment plan text
as it pertains to redevelopment actions and permitted land uses, and revise the Public Facilities
and Infrastructure Improvement Projects exhibit. The City Council and the CDC held a joint
public hearing on June 19, 2007, where testimony was provided on the 2007 Amendment and
Negative Declaration. Since the Public Hearing testimony did not question the process the
CDC used to conduct an environmental review of the 2007 Amendment, staff is recommending
that the CDC certify the Negative Declaration prior to approving the 2007 Amendment and
recommending that the City Council adopt the 2007 Amendment.
Environmental Review
A negative declaration has been prepared in accordance with the CEQA. Staff is submitting the
Negative Declaration to the CDC for their consideration and approval.
Financial Statement
If the 2007 Amendment is adopted by the City Council, a fee of $1,800 shall be paid to the
County Clerk of the County of San Diego to file a notice of determination.
Account No.
STAFF RECOMMENDATION Adopt the resolution.
BOARD t COMMISSION RECOMMENDATION Not applicable.
ATTACHMENTS
1. Background Report
CDC Resolution No. -Negative Declaration as
Attachment A to the resolution
Resolution No.
N-200 (9180)
RESOLUTION 2007 —158
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY APPROVING
THE NEGATIVE DECLARATION FOR THE PROPOSED 2007
AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE
NATIONAL CITY REDEVELOPMENT PROJECT
WHEREAS, the City Council of the City of National City ("City Council") and the
Community Development Commission of the City of National City ("CDC") did duly pass and
adopt a Redevelopment Plan for the National City Redevelopment Project ("Plan"); and
WHEREAS, the CDC has formulated an amendment to the Plan ("2007
Amendment") which would:
• Extend the existing time limit, not to exceed 12 years from the adoption of the
amendment of the Plan, for commencement of eminent domain proceedings to
acquire, as a last resort, vacant property (as defined in National City Municipal
Code Section 7.06.20), and all commercial and industrial zoned properties in
those areas that are currently subject to eminent domain authority within the
National City Redevelopment Project Area;
• Add a provision to allow the CDC, if it makes certain findings, to pay all or part of
the value of the land and the costs of the installation and construction of any
publicly -owned building, facility, structure or other improvement within or without
the Project Area pursuant to California Health and Safety Code Section 33445;
• Modify Section VI► (c) of the Redevelopment Plan to allow used auto and truck
sales when part of a new vehicle dealership and located on land within the
Transportation Center District, as defined in the Plan;
• Change the current exclusion of eminent domain on single-family homes (Exhibit
D of the Redevelopment Plan) to include all residential land uses; and
WHEREAS, a Negative Declaration was prepared in conformance with the
California Environmental Quality Act (California Public Resources Code Sections 21000, et.
seq.) on the proposed 2007 Amendment ("Negative Declaration") in the form attached hereto as
Attachment "A"; and
WHEREAS, a notice of the availability of the Negative Declaration for public
review and comment was published on June 8, 2007 in the San Diego Union -Tribune, a
newspaper of general circulation in the City of National City; and,
WHEREAS, on June 19, 2007, the CDC and City Council held a Joint Public
Hearing on the proposed 2007 Amendment, and received and considered all evidence and
testimony pertaining thereto; and
WHEREAS, it is mandatory that the CDC certify its consideration of and approve
the Negative Declaration prior to the adoption of the 2007 Amendment by an ordinance of the
City Council.
Resolution No. 2007 —158
July 3, 2007
Page 2
NOW, THEREFORE, BE IT RESOLVED that the Community Development
Commission of the City of National City hereby finds and determines that there is not substantial
evidence that the proposed 2007 Amendment will have a significant effect on the environment,
and that the Negative Declaration reflects the independent judgment and analysis of the
Community Development Commission of the City of National City based upon the whole record
of the Negative Declaration, including the Initial Study contained therein, any comments
received, and evidence and testimony received at the Joint Public Hearing on the Negative
Declaration.
BE IT FURTHER RESOLVED that the Community Development Commission
has reviewed and considered the information contained in the Negative Declaration prepared for
the 2007 Amendment and hereby approves the Negative Declaration.
BE IT FURTHER RESOLVED that the Secretary of the Community Development
Commission is authorized to file, in cooperation with the City Clerk, a joint Notice of
Determination with the County Clerk of the County of San Diego following adoption by the City
Council of the ordinance adopting the 2007 Amendment.
PASSED AND ADOPTED this 3rd day of July 2007.
Ron Morrison, Chairman
ATTEST:
Brad Raulston, Secretary
APPROVED AS TO FORM:
George H. Eiser, III
Legal Counsel
Background:
Background Report
The City Council of the City of National City ("City Council") and the Community
Development Commission ("CDC") held a joint public hearing on the 2007 Amendment
on June 19, 2007. CDC staff and consultants presented the reasons for the proposed
2007 Amendment, and the City Council/CDC received testimony regarding the 2007
Amendment and the Negative Declaration for the 2007 Amendment ("Negative
Declaration"). CDC staff was then directed to prepare written responses to written
objections and to present them at the July 3, 2007, joint meeting. In order to provide
staff with adequate time to prepare the written responses, City Council consideration of
the written responses will be scheduled for the July 10, 2007, joint meeting of the City
Council and CDC.
At this meeting the City Council and the CDC will consider resolutions approving the
Negative Declaration.
The CDC has followed the appropriate environmental review process and the City
Council and the CDC are to consider the certification of the Negative Declaration for the
proposed 2007 Amendment prior to adopting an ordinance approving the 2007
Amendment. The Negative Declaration, along with the Initial Study, was prepared in
accordance with the provisions of the California Environmental Quality Act ("CEQA")
(California Public Resources Code Sections 21000, et. seg.). The Negative Declaration
evaluated the potential environmental impacts and found that the proposed 2007
Amendment would not present any adverse environmental impacts. As site specific
implementation projects are considered, additional environmental review will be
conducted. This review will evaluate the anticipated environmental impacts associated
with the project proposal.
In accordance with CEQA provisions, the Negative Declaration was available for public
review and comment for a period of twenty (20) days. The review period commenced
on June 7, 2007, and ended on June 27, 2007. A notice of intent to adopt the Negative
Declaration and its availability for public review and comment was published on June 8,
2007, in the San Diego Union -Tribune, a newspaper of general circulation in the City of
National City. In addition, an opportunity for public testimony on the Negative
Declaration was provided at the June 19, 2007, joint public hearing. The Negative
Declaration was made available to the CDC and the City Council prior to the joint public
hearing as an attachment to the Report to City Council and is available now as
Attachment A to CDC Resolution No. .
By adopting the attached resolution, the CDC is approving the Negative
Declaration for the 2007 Amendment and authorizing the Secretary of the CDC, in
cooperation with the City Clerk, to file a Joint Notice of Determination with the
County Clerk of the County of San Diego following the adoption of an ordinance
approving the 2007 Amendment.
Community Development Commission of National (.'ity
1243 National City Boulevard
Attachment A National City, California 91950-3312
Telephone (619) 336-4250
Fax (619) 336-4286
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Redevelopment Plan Amendment 2007 - Negative Declaration
A. INTRODUCTION
The Community Development Commission of the City of National City (the "CDC") prepared a
Negative Declaration for the proposed 2007 Redevelopment Plan Amendment to extend the
authority to use eminent domain The CDC proposes to extend the C'DC's existing authority to
acquire property, as a last resort, through eminent domain to vacant property (as defined in the
National City Municipal Code Section 7.06.20), and all commercial and industrial zoned
properties in those areas which are currently subject to eminent domain authority within the
National City Redevelopment Project Area. The current exemption for single family residences
would be expanded so that all housing uses, whether single-family or multi -family, are
specifically excluded from the use of eminent domain.
The Commission currently has the authority to acquire property through eminent domain until
July.18, 2007 in the following areas:
• Properties located immediately east and adjacent to National City Boulevard, between Division
Street and the south City limits.
• Properties located immediately west and adjacent to National City I3oulevard, between Division
Street and State Route 54.
• Properties located immediately west and adjacent to Civic Center Drive, between inte7rstate 5 and
National City Boulevard.
• Properties located immediately south and adjacent to Civic Center Drive, between Interstate 5 and
National City Boulevard. •
• Properties located immediately north and south and adjacent to 8th Street, between Interstate 5
and "I)" Avenue.
• Properties west of Interstate 5, excepting the San Diego i Jnified Port District property.
• Specific properties located immediately southwest of the intersection of Plaza Boulevard and
Highland Avenue,
This amendment will extend the Commission's authority to acquire property through eminent
domain within these areas until 2019.
The 2007 Amendment also includes the addition and modification of redevelopment plan text as
it pertains to redevelopment actions and uses permitted in the project area. As proposed the
amendment would add a provision for the Cl.)C to pay all or part of the value of the land and the
cost of the installation and construction of any publicly owned building, facility, structure, or
other improvement within or without the Project Area pursuant to Health and Safety Code
Section 33445.
The 2007 Amendment would modify Section VII (c) of the Redevelopment Plan, thus allowing
for used auto and truck sales when part of a new vehicle dealership and located on land within
the Transportation Center district. The 2007 Amendment will also change the current exclusion
of eminent domain on single-family homes (Exhibit. D) to include all residential land uses, as
well as revising Exhibit C - "Public Facilities/Infrastructure Improvement Projects".
No other changes to the Redevelopment Plan for the National City Redevelopment Project are
included in this amendment.
Community Development Commission of National City — Negative Declaration Page 1
Extension of the Authority to Use Eminent Domain
The Negative Declaration for the 2007 Amendment evaluated the potential environmental
impacts that could occur with making the proposed amendments to the existing Redevelopment
Plan. The Negative Declaration was mailed for a 20-day public review period beginning June 7,
2007 and is scheduled to end on June 27, 2007. Comments on the 2007 Redevelopment Plan
Amendment Negative Declaration should be submitted during this public review period. The
Negative Declaration will he considered for approval July 3, 2007.
The commercial and industrial properties within the Project Area that are now subject to the use
of eminent domain are shown on the attached map. The change to the 2007 Redevelopment Plan
Amendment to extend the eminent domain time limit in the existing project area, revising
Exhibit D to exclude all residential land uses, revising the transportation center section and
revising Exhibit C — public facilities and infrastructure is now referred to as the 2007
Redevelopment Plan Amendment, which reflects the stated change.
R. CEQA PROVISIONS
As stated above, a Negative Declaration was prepared for the 2007 Redevelopment Plan
Amendment pursuant to Section 15070 of the California Environmental Quality Act Guidelines
(CEQA Guidelines). The revision to the 2007 Amendment is now reflected by the 2007
Amendment, which did not cause or generate any significant effects.
C. ENVIRONMENTAL, DETERMINATION
The Negative Declaration did not identify any significant or adverse environmental impacts
associated with the extension of the eminent domain time limit in the existing project area,
revising Exhibit I) to exclude all residential land uses, revising the transportation center section
and revising Exhibit C public facilities and infrastructure. Pursuant to CEQA Guidelines
Section 15073.5(c)(2), the Negative Declaration is adequate in its analysis of the 2007
Redevelopment Plan Amendment.
Community Development Couunission of National City — Negative Declaration
1?xtcnsion of the Anthonty to Use f mincnt Domain
Page 2
City of National City, California
COUNCIL AGENDA STATEMENT
16
MEETING DATE July 10, 2007 AGENDA ITEM NO.
(ITEM TITLE An ordinance of the City Council of the City of National City ("City
Council") approving the proposed amendment to the Redevelopment Plan for the
National City Redevelopment Project ("2007 Amendment")
PREPARED BY DEPARTMENT
Patricia Beard, Redeye opment Manager Community Development Commission
Text 42551
EXPLANATION The Community Development Commission ("CDC") has prepared the 2007
Amendment in accordance with Califomia Community Redevelopment Law ("CRL") (Health
and Safety Code Sections 33000 et. sea.). As proposed, the 2007 Amendment would: 1)
extend the CDC's authority to acquire property through eminent domain for certain commercial
and industrial zoned properties until 2019, 2) change the current exclusion of eminent domain
on single-family homes to include all residential land uses, 3) modify the redevelopment plan
text as it pertains to redevelopment actions and permitted land uses, and 4) revise the Public
Facilities and Infrastructure Improvement Projects exhibit. In accordance with the CRL, City
Council and the CDC have taken the proper steps with regards to the 2007 Amendment which
include; 1) preparing redevelopment plan text modifications, 2) noticing the public hearing, 3)
approving the Report to City Council, 4) receiving testimony at a joint public hearing of the City
Council and CDC, 5) approving environmental findings, and 6) adopting written responses to
written objections. In addition, at this joint meeting the CDC approved the 2007 Amendment
and recommended to the City Council that they adopt the 2007 Amendment. At this time, staff
recommends that the City Council consider the Ordinance approving the 2007 Amendment by
number and title only and waive first reading. Second reading and adoption of the Ordinance
would occur at the regularly scheduled City Council meeting on July 17, 2007.
Environmental Review A negative declaration was prepared in accordance with the California
Environmental Quality Act and approved by both the City Council and the CDC on July 3, 2007.
Financial Statement Staffs recommendation will have no affect on the City's General Fund.
However, implementation of the 2007 Amendment may result in future CDC expenditures.
Account No.
STAFF RECOMMENDATION
Hear the first reading of the title.
BOARD / COMMISSION RECOMMENDATION
ATTACHMENTS
1. Background Report
• 2. Report to City Council
3. Negative Declaration
Ordinance No.
4. Redevelopment Plan for the 2007 Amendment
A-200 (9/80)
Background Report
The Community Development Commission ("CDC") authorized staff to initiate proceedings to
amend the Redevelopment Plan for the National City Redevelopment Project ("2007
Amendment").
Such proceedings include preparation of the 2007 Amendment, a Negative Declaration, and a
Report to the City Council on the proposed 2007 Amendment ("Report to City Council"). The
Report to City Council details the rational for the 2007 Amendment, identifies the physical and
economic blighting conditions that continue to exist in the Project Area and serves as the
factual basis for the 2007 Amendment. By previous resolutions, the CDC approved the draft
2007 Amendment and the Report to City Council, which were prepared in accordance with the
requirements of the California Community Redevelopment Law ("CRL") and made available for
public inspection.
Such proceedings also include the City Council and the CDC holding a joint public hearing on
the proposed 2007 Amendment and the Negative Declaration, and preparing written responses
to written objections on the 2007 Amendment received prior to or during the joint public hearing.
The joint public hearing was opened and subsequently closed on June 19, 2007. Written
responses to written objections were prepared pursuant to the CRL and previously adopted by
a resolution of the City Council.
In order to proceed with consideration of the ordinance the City Council hereby finds and
determines, based on the evidence in the record, including, but not limited to, the Report to the
City Council, and all documents referenced therein, and based upon evidence and testimony
received at the joint public hearing held on June 19, 2007, and received at the public hearings
held prior to the adoption of the Previous Ordinances referred to hereinabove, that:
1. 1'he Project Area is a blighted arca, the redevelopment of which is necessary to
effectuate the public purposes declared in the Community Redevelopment Law.
(a) This finding is based on the City Council's findings contained in the Previous
Ordinances that various blighting conditions, as that term was then
defined, characterize the Project Area, and upon the Report to the City
Council, which demonstrates that these blighting conditions continue to
exist in the Project Area.
(b) The City Council hereby finds that, despite the CDC's efforts, significant
blighting conditions still exist in the Project Area and continued
redevelopment is necessary to effectuate the public purposes contained
in the Community Redevelopment Law.
(c) Such conditions in the Project Area are causing, and will increasingly cause,
a reduction and lack of proper utilization of the Project Area to such an
extent that it constitutes a serious physical and economic burden on the
community which cannot reasonably be expected to be reversed or
alleviated by private enterprise or governmental action, or both, without
redevelopment, thus requiring redevelopment in the interest of the health,
safety, and general welfare of the people of the City and the State.
1
Evidence supporting this finding includes the fact that govemmental
action, available to the City without redevelopment, would be insufficient
to cause any significant correction of the blighting conditions; and, that
the nature and costs of the public improvements and facilities and other
actions required to correct the blighting conditions, are beyond the
capacity of the City and cannot be undertaken or borne by private
enterprise acting alone or in concert with available governmental action.
2. The Amended Redevelopment Plan will redevelop the Project Arca in conformity
with the Community Redevelopment Law and in the interests of the public peace,
health, safety and welfare. Evidence supporting this finding includes the fact that
the purposes of the Community Redevelopment Law would be attained through
the implementation of the Amended Redevelopment Plan by: the elimination of
physical and economic conditions, which exist in the Project Area and which
cause the Project Area to be a blighted area; by the replanning, redesign, and/or
redevelopment of areas, which arc stagnant or improperly utilized and which
could not be accomplished by private enterprise or governmental action, or both,
without redevelopment; and, by protecting and promoting the sound development
and redevelopment of the Project Arca and the general welfare of the citizens of
the City by remedying such injurious conditions through the employment of all
appropriate means.
3. The adoption and carrying out of the Amended Redevelopment Plan is economically
sound and feasible. Evidence supporting this finding includes the fact that under
the Amended Redevelopment Plan, the Commission will be authorized to seek
and utilize a variety of potential financing resources, including property tax
increment; that the nature and timing of redevelopment assistance will depend
on the amount and availability of such financing resources, including tax
increment generated by new investment in the Project Area; and, that the
financing plan included within the Report to Council demonstrates that sufficient
financial resources will be available to carry out the redevelopment activity in the
Project Area.
4. The Amended Redevelopment Plan conforms to the General Plan of the City of
National City, including, but not limited to, the housing element of the General
Plan, which substantially complies with the requirements of Article 10.6
(commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the
Government Code.
5. The carrying out of the Amended Redevelopment Plan will promote the public
peace, health, safety, and welfare of the community and will effectuate the
purposes and policies of the Community Redevelopment Law. Evidence
supporting this finding includes the fact that redevelopment will benefit the
Project Area by correcting conditions of blight, and by coordinating public and
private actions to stimulate development and improve the economic and physical
conditions within the Project Area, and by increasing employment opportunities
within the City.
2
either to accomplish the objectives and benefits of the Amended Redevelopment Plan or because
of the need to impose uniform requirements on the Project Area as a whole. Such properties will
share in the benefits of the Amended Redevelopment Plan.
10. Inclusion of any lands, buildings, or improvements (which are not detrimental to the
public health, safety, or welfare) is necessary for the effective redevelopment of the entire area of
which they are a part; and, any such area is not included solely for the purpose of obtaining the
allocation of tax increment revenues from such area pursuant to Section 33670 of the Community
Redevelopment Law without other substantial justification for its inclusion. Evidence supporting
this finding includes the fact that all properties within the Project Area boundaries were included
because they were under-utilized because of blighting influences, or were affected by the
existence of blighting influences, or were necessary either to accomplish the objectives and
benefits of the Amended Redevelopment Plan or because of the need to impose uniform
requirements on the Project Arca as a whole. Such properties will share in the benefits of the
Amended Redevelopment Plan.
11. The elimination of blight and the redevelopment of the Project Area could not
reasonably be expected to be accomplished by private enterprise, acting alone
without the aid and assistance of the Agency. Evidence supporting this finding
includes the existence of blighting influences as set forth in the Report to the City
Council and the inability of individual owners and developers to economically
remove these blighting influences without substantial public assistance.
12. The requirement that a project area be predominantly urbanized as defined by Section
33320.1(b) of the Community Redevelopment Law is applicable only to a project
area for which a final redevelopment plan is adopted on or after January 1, 1984,
or to an area which is added to a project area by an amendment to a
redevelopment plan, which amendment is adopted, nor after January 1, 1984.
Because at the time of adoption of their respective redevelopment plans, the component project
areas which comprise the Original Area either were not subject to this requirement or were
determined to be predominantly urbanized, there is no need to make a finding that the Original
Area is predominantly urbanized. As set forth in the Report to the City Council, there is
sufficient evidence to support the fact that the Added Area is a predominantly urbanized area.
13. The time limitation and the limitation on the number of dollars to he allocated to the
CDC that are contained in the Amended Redevelopment Plan are reasonably
related to the proposed projects to be implemented in the Project Area and to the
ability of the Commission to eliminate blight within the Project Arca. This
finding is based upon the fact that the limitation on the number of dollars
allocated to the CDC reflects the anticipated costs of the public improvement
projects proposed to he undertaken by the CDC pursuant to the Amended
Redevelopment Plan and the time limitation contained in the Amended
Redevelopment Plan reflects the anticipated time for the CDC to undertake such
projects.
1
Section 3. The City Council is satisfied that permanent housing facilities will be
available within three years from the time residential occupants of the Project Area, if any, are
displaced, and that pending the development of such facilities, there will be available to any
such displaced residential occupants temporary housing facilities at rents comparable to those
in the City at the time of their displacement. Evidence supporting this finding includes the City
Council's finding that no persons or families of low and moderate income shall be displaced
from residences unless and until there is a suitable housing unit available and ready for
occupancy by such displaced persons or families and must be decent, safe, sanitary and
otherwise standard dwellings.
Section 4. A full and fair noticed public hearing having been held on the 2007
Amendment on June 19, 2007, and the City Council having considered all evidence and
testimony for and against the adoption of the 2007 Amendment and all written and oral
objections thereto, and the City Council having adopted written responses to the written
objections received from any affected taxing agency or property owner before or at the noticed
public hearing of June 19, 2007, and this City Council being fully advised in the premises, all
written and oral objections to the 2007 Amendment to the extent not otherwise addressed in the
Redevelopment Plan or not otherwise responded to are hereby overruled.
2
Attachment 2
CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION
140 E 12th St, Ste B, National City, CA 91950
Draft
Report to the City Council
2007 AMENDMENT
NATIONAL CITY REDEVELOPMENT PLAN
RSG
INTELLIGENT COMMUNITY DEVELOPMENT
June 2007
ROSENOW SPEVACEK GROUP INC. T 714 541 45RS
309 WEST 4T11 STREET F 714 5411175
SANTA ANA, CALIFORNIA E INFO`aaWEBRSCi. COM
92701-4502 WEBRSG.COM
REPORT TO COUNCIL
COMMUNITY DEVFt OPMENT COMMISSION
City of National City
TABLE OF CONTENTS
i. Introduction
Plan Amendment 1
A. Reasons for the Proposed Amendment and Description of Specific
Projects Proposed and How 'These Projects Will Improve or Alleviate
Blighting Conditions Found in the Project Area Introduction 4
B. Description of the Physical and Economic Conditions Existing in the
Project Area
Physical Blighting Conditions 6
Economic Blighting Conditions 6
Study Approach and Methodology 7
Economic Conditions that Cause Blight 11
Parcels Needed for Effective Redevelopment 24
Physical and Economic Burden on Community 24
C. Five -Year Implementation Plan 26
D. Why the Elimination of Blight and Why Redevelopment Cannot
be Accomplished by Private Enterprise Acting Alone
or by the Agency's Use of Financing Alternatives
Other Than Tax Increment 27
E. Method of Financing 28
F. Method of Relocation 29
G. Analysis of the Preliminary Plan 30
H. Report and Recommendations of the Planning Commission 30
I. Report of the Project Area Committee 30
J. General Plan Conformance 31
K. Environmental Documentation 31
L. Report of the County Fiscal Officer 31
M. Neighborhood Impact Report 32
N. Summary of Agency Consultation with
Affected Taxing Agencies 32
Attachment 1 — Project Area Map With Current Eminent Domain 33
Attachment 2 — Negative Declaration 34
C'\Uocuments and Settinos',ddavis\Local Settings\Temporary Internet Files OLK6FOraft 200f RTC 6-5-07 (3).doc
INTRODUCTION I
PLAN AMENDMENT
The Community Development Commission of the City of National City ("CDC") is
processing an amendment ("2007 Amendment") to the Redevelopment Plan for the
National City Redevelopment Project ("Redevelopment Plan"). As proposed, the
amendment will extend the Commission's existing authority to acquire property, as a last
resort, through eminent domain to vacant property (as defined in the National City
Municipal Code Section 7.06.20), and all commercial and industrial zoned properties in
those areas which are currently subject to eminent domain authority within the National
City Redevelopment Project Area ("Project Area"). The current exemption for single
family residences would be expanded so that all housing uses, whether single-family or
multi -family, are specifically excluded from the use of eminent domain. The CDC
currently has the authority to acquire property through eminent domain until July 18,
2007 in the following areas:
• Properties located immediately east and adjacent to National City Boulevard,
between Division Street and the south City limits.
• Properties located immediately west and adjacent to National City Boulevard,
between Division Street and State Route 54.
• Properties located immediately north and adjacent to Civic Center Drive,
between Interstate 5 and National City Boulevard.
• Properties located immediately south and adjacent to Civic Center Drive,
between Interstate 5 and National City Boulevard.
• Properties located immediately north and south and adjacent to 8th Street,
between Interstate 5 and "D" Avenue.
• Properties west of Interstate 5, excepting the San Diego Unified Port District
property.
• Specific properties located immediately southwest of the intersection of Plaza
Boulevard and Highland Avenue.
This amendment will extend the CDC's authority to acquire property through eminent
domain within these areas until 2019.
The 2007 Amendment also includes the addition and modification of redevelopment plan
text as it pertains to redevelopment actions and uses permitted in the project area. As
proposed the amendment would add a provision for the CDC to pay all or part of the
value of the land and the cost of the installation and construction of any publicly owned
building, facility, structure, or other improvement within or without the Project Area
pursuant to Health and Safety Code Section 33445. The 2007 Amendment would
modify Section VII (c) of the Redevelopment Plan, thus allowing for used auto and truck
sales when part of a new vehicle dealership and located on land within the
Transportation Center district. The 2007 Amendment will also change the current
exclusion of eminent domain on single-family homes (Exhibit D) to include all residential
land uses, as well as revising Exhibit C — "Public Facilities/Infrastructure Improvement
Projects".
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REPORT TO COUNCIL
COMMUNITY DEVFI OPMENT COMMISSION
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No other changes to the Redevelopment Plan for the Project Area are included in this
amendment.
This document is the CDC's Report to the City Council ("Report") for the proposed 2007
Amendment, and has been prepared pursuant to Section 33457.1 and 33352 of the
California Community Redevelopment Law, Health and Safety Code Section 33000 et
seq. ("Law"). Pursuant to Section 33352 of the Law, the Report provides information,
documentation and evidence to assist the City Council of National City with their
consideration of the 2007 Amendment and in making the various determinations in
connection with its adoption. This Report supplements the documentation and evidence
contained in previous Reports to the City Council ("Original Reports"), prepared in
connection with the original Redevelopment Plan and subsequent amendments; the
Original Reports are incorporated herein by reference.
Section 33457.1 of the Law dictates the required components of this Report. More
specifically, Section 33457.1 states that the information required by Section 33352 is the
only information warranted by the 2007 Amendment. Much of the information normally
required that pertains to adopting a redevelopment plan was previously documented and
presented in the Original Reports.
Contents of this Report
The contents of this Report are presented in fourteen (14) sections, which generally
correspond to the subdivisions presented in Section 33352 of the Law.
The sections are as follows:
A. Reasons for the Proposed Amendment and a Description of Specific Projects
Proposed and How These Projects Will Improve or Alleviate Blighting Conditions
Found in the Project Area
B. Description of the Physical and Economic Conditions Existing in the Project Area
C. Five -Year Implementation Plan
D. Why the Elimination of Blight and Why Redevelopment Cannot be Accomplished
by Private Enterprise Acting Alone or by the Agency's Use of Financing
Alternatives Other Than Tax Increment
E. Method of Financing
F. Relocation Plan
G. Analysis of the Preliminary Plan
H. Report and Recommendations of the Planning Commission
1. Report of the Project Area Committee
J. General Plan Conformance
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City of National City
K. Environmental Documentation
L. Report of the County Fiscal Officer
M. Neighborhood Impact Report
N. Summary of Agency Consultation with Affected Taxing Agencies
RSG
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SECTION A
Reasons for the Amendment and Description of Specific Projects
Proposed and How these Projects will Improve or Alleviate Blighting
Conditions Found in the Project Area
The CDC seeks to amend the Redevelopment Plan and extend the CDC's eminent
domain authority (subject to all required procedures under California law) within the area
identified as the 2007 Amendment Area as illustrated in Attachment 1. Specifically
excluded from eminent domain are properties that are used for residential purposes.
The CDC's authority to use eminent domain to acquire property shall run for 12 years
from the effective date of the 2007 Amendment to the Redevelopment Plan.
The 2007 Amendment also includes the addition and modification of redevelopment plan
text as it pertains to redevelopment actions and uses permitted in the project area. As
proposed the amendment would add a provision for the CDC to pay all or part of the
value of the land and the cost of the installation and construction of any publicly owned
building, facility, structure, or other improvement within or without the Project Area
pursuant to Health and Safety Code Section 33445. The 2007 Amendment would
modify Section VII (c) of the Redevelopment Plan, thus allowing for used auto and truck
sales when part of a new vehicle dealership and located on land within the
Transportation Center district. The 2007 Amendment will also change the current
exclusion of eminent domain on single-family homes (Exhibit D) to include all residential
land uses, as well as revising Exhibit C — "Public Facilities/Infrastructure Improvement
Projects".
The 2007 Amendment does not amend, modify, change or affect in any way modify the
Project Area boundaries. The CDC is undertaking the 2007 Amendment in order to
expand its ability to assemble sites, thereby facilitating commercial, industrial and
residential redevelopment projects in the Project Area.
The CDC adopted the 1995 Redevelopment Plan authorizing the current limited eminent
domain authority. The 1995 Report to the City Council ("1995 Report") cited
socioeconomic conditions such as low median household income, high unemployment,
high proportion of residential tenants versus home owners and low residential rents as
blighting factors. The 1995 Report also discussed the mixture of land uses many of
which are incompatible and/or obsolete as well as small parcel sizes and limited public
infrastructure as additional blighting conditions. To facilitate the elimination of the above
blighting conditions the CDC has initiated public right-of-way improvements, specific
plans for development and environmental remediation of toxic sites over the last 12
years.
Unfortunately, these efforts alone have not been successful in the elimination of blight
from the Project Area. The CDC's overall efforts have been limited, due to the inability
to negotiate land purchase transactions with private property owners. While the CDC
has pursued land acquisition and consolidation through open market transactions and
limited eminent domain actions, the lack of eminent domain in many commercial and
industrial corridors has constrained redevelopment efforts. Because the CDC cannot
forcefully encourage property owners to either redevelop or sell abandoned and
dilapidated properties, many of these properties continue to be neglected 12 years later.
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REPORT TO COUNCIL
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Adopting the 2007 Amendment will extend the Redevelopment Plan's eminent domain
authority and afford the CDC one additional tool to eliminate blight in the Project Area,
through the facilitation of land assemblage activities or the purchase of dilapidated
properties within the areas identified in Attachment 1.
RSG
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SECTION B
Description of the Physical and Economic Conditions Existing in the
Project Area
This section summarizes the existing physical and economic conditions within the 2007
Amendment Area.
PHYSICAL BLIGIITING CONDITIONS
Section 33031(a) of the Law describes physical conditions that cause blight as follows:
1. Buildings in which it is unsafe or unhealthy for persons to live or work. These
conditions may be caused by:
a. Serious building code violations,
b. Serious dilapidation and deterioration caused by long-term neglect,
c. Construction that is vulnerable to serious damage from seismic or
geologic standards,
d. Buildings suffering from faulty or inadequate water or sewer utilities.
2. Conditions that prevent or substantially hinder the viable use or capacity of
buildings or lots. These conditions may be caused by:
a. Buildings of substandard, defective, or obsolete design given present
general plan, zoning, and other development standards.
3. Adjacent or nearby incompatible land uses that prevent the development of those
parcels or other portions of redevelopment project areas.
4. The existence of subdivided Tots that are in multiple ownership and whose
physical development has been impaired by their irregular shapes and
inadequate sizes, given present general plan and zoning standards and present
market conditions.
ECONOMIC BLIGIITING CONDITIONS
Section 33031(b) of the Law describes the following economic conditions that cause
blight:
1. Depreciated or stagnant property values.
2. Impaired property values due to significance in the presence of hazardous waste
where the agency may be eligible to use its authority as specified in Article 12.5.
3. Abnormally high business vacancies, abnormally low lease rates, or an
abnormally high number of abandoned buildings.
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COMMUNITY DEVELOPMENT COMMISSION
City of National City
4. A serious lack of necessary commercial facilities such as those normally found in
neighborhoods including grocery stores, drug stores, and banks and other
lending institutions.
5. Serious residential overcrowding that has resulted in significant public health or
safety problems. As used in this paragraph, 'overcrowding' means exceeding the
standard referenced in Article 5 (commencing with Section 32) of Chapter 1 of
Title 25 of the Califomia Code of Regulations.
6. An excess of bars, liquor stores, or adult -oriented businesses that has resulted in
significant public health, safety, or welfare problems.
7. A high crime rate that constitutes a serious threat to the public safety and
welfare.
STUDY APPROACII AND METHODOLOGY
Several data sources were utilized to quantify existing conditions of the properties within
the 2007 Amendment Area. An important data source was a field survey conducted by
Rosenow Spevacek Group, Inc. ("RSG"), consultants to the CDC, in April of 2007. The
survey encompassed those areas of the Project Area currently subject to eminent
domain. Existing physical and economic conditions of each parcel, as observed from
the public right-of-way, were documented. The observed physical and economic
blighting conditions included deterioration and dilapidation, structural obsolescence,
incompatible adjacent land uses, defective/substandard design and inadequate parcel
size. Photographs illustrating the observed blighting conditions are included as
Attachment 2 to this Report.
The analysis and assessment of the blighting conditions found within the 2007
Amendment Area, is based upon the following sources:
1. The April 2007 field survey by RSG.
2. Commercial and industrial lease rates and vacancy rates from Grubb and Ellis,
CB Richard Ellis, Inc. and CoStar Commercial Real Estate.
3. Information and data from the City of National City's General Plan.
4. Information from the City of National City Code Violation Department.
5. Information from the National City Fire Department
6. Information from the National City Police Department
While RSG believes all information sources to be reliable, it is not responsible for the
accuracy of data provided by such sources.
The survey and supplementary research included analyzing the 2007 Amendment Area
to determine the conditions of blight present. The primary blighting conditions observed
during the survey were dilapidation and deterioration of buildings and buildings with
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REPORT TO COUNCIL
COMMUNITY DFVFI OPMFNT COMMISSION
City of National City
substandard or defective design. A summary of these blighting conditions is presented in
Table B-1.
Physical Blighting Conditions in 2007 Amendment Area Exhibit B-1
National City Community Development Commission
Physical Blighting Condition
Detrioration and Dilapidation
Substandard or Defective Design
No. of % of 2007
Occurrences Amendment Area
493 71.24%
386 55.78%
* Note: Some parcels have one or more blighting conditions.
Source: RSG Field Survey
Buildings Unsafe/Unhealthy to Live or Work In
Section 33031(a)(1) of the Law describes physical conditions that cause blight to include
"Buildings in which it is unsafe or unhealthy for persons to live or work. These conditions
may be caused by serious building code violations, serious dilapidation and deterioration
caused by long-term neglect, construction that is vulnerable to serious damage from
seismic or geologic hazards, and faulty or inadequate water or sewer utilities." The
following discussion substantiates the presence of serious dilapidation and deterioration
caused by long-term neglect in the 2007 Amendment Area.
Serious Dilapidation and Deterioration
Structures were determined to be dilapidated or deteriorated if they were suffering from
deteriorating roofing or eaves; peeling paint; damaged exterior building material;
exposed wiring or plumbing; and/or if the buildings were constructed with substandard
building materials. Of the 692 parcels identified as being blighted, there were 493
occurrences of dilapidation and deterioration in the 2007 Amendment Area (71.2%).
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COMMUNITY DEVELOPMENT COMMISSION
City of National City
Photo 1: This photo depicts a
building along Civic Center
Drive showing signs of a
rusting metal roof indicating
lack of weather proofing
materials.
Photo 2: Damaged exterior
building material on a building
along Civic Center Drive.
Photo 3: Along Cleveland
Avenue this photo depicts a
building showing signs of a
rusting metal roof indicating
lack of weather proofing
materials. The property also
has broken windows and
damaged exterior building
materials.
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REPORT TO COUNCIL
COMMUNITY DEVEI OPMENT COMMISSION
City of National City
Photo 4: Along Civic Center
Drive this building has
damaged or deteriorating roof
eaves and damaged exterior
building materials.
Physical Factors that Prevent or Substantially Hinder the
Economically Viable Use of Buildings or Lots
Section 33031(a)(2) of the Law describes physical conditions that cause blight to include
"Factors that prevent or substantially hinder the economically viable use or capacity of
buildings or lots. This condition can be caused by a substandard design, inadequate
size given present standards and market conditions, lack of parking, or other similar
factors." The following discussion substantiates the presence of inadequate lot and
building size, lack of parking, substandard design and obsolescence.
Substandard or Defective Design
There were several examples of substandard building materials observed in the
properties affected by the 2007 Amendment. Corrugated metal sheeting is a primary
example and is not a permitted building material according to the City code. The
corrugated metal readily deteriorates from the weather and becomes more structurally
unsound as it warps from the elements. Canvas and plastic tarps are also prevalent and
are not permitted to be used as building materials by the City. The results of the field
survey indicate approximately 429 incidences of substandard or defective designs were
present in the 2007 Amendment Area.
The industrial parcels affected by the 2007 Amendment represent the older style of
development, offering limited or no amenities. Modern industrial buildings often use
concrete tilt -up walls that can withstand the physical demands associated with industrial
uses. The Project Area has multiple examples of wood -frame residential structures
converted to industrial use. Residential wood -frame buildings are not designed to
withstand industrial use requirements that may include production equipment or storage
mounted to the walls as well as the high level of wear and tear associated with these
non-residential activities. These activities cause the wood -frame structure to become
dilapidated and wear down prematurely from the high -demands of industrial as well as
commercial usage. Other inadequacies of older structures built for other uses include
insufficient electrical supply, storage, and indoor manufacturing areas.
RSG
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REPORT TO COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
City of National City
Photo 5: Substandard building
materials and obsolete design
of an abandoned building
located on Cleveland Avenue.
Photo 6: Substandard building
materials and obsolete design
of a vacated building located
along Harrison Avenue.
Photo 7: This photo depicts
structures on a property along
Civic Center Drive
constructed with substandard
building material. The
structures also show signs of
deterioration and dilapidation.
RSG
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COMMUNE CY DEVELOPMENT COMMISSION
City of National City
Structural Obsolescence
While inadequate loading, parking and storage are characteristics of small lot size, these
deficiencies are also indicative of properties 25 years or older. The deficiencies
associated with many older properties are often referred to as obsolescence.
Obsolescence is the result of a combination of blight factors, including the age of
buildings, lack of maintenance, and a lack of desirable amenities such as parking and
tenant improvements that occur as contemporary market standards evolve. For these
reasons, obsolescence results in factors that substantially hinder the economically viable
use of buildings and Tots.
Commercial and industrial development standards have changed significantly since the
1965 when over 40% of the commercial and industrial properties in the Project Area
were developed. Modern industrial developments offer larger floor and lot sizes along
with amenities such as landscaping, on -site parking and adequate loading areas for
larger delivery vehicles. Commercial and industrial uses without adequate area often
negatively affect surrounding properties through competition for on -street parking and
on -street deliveries that restrict access to surrounding properties.
Incompatible Adjacent Uses
Incompatible adjacent uses where commercial and/or industrial properties are directly
adjacent to residential uses were noted on 87 of the properties within the area affected
by the 2007 Amendment. Outdoor manufacturing was commonly observed without any
noise buffers to surrounding residences. Toxic dust created by outdoor industrial repairs
and production drifts in an airborne state to surrounding residential properties,
presenting a significant detrimental health and safety condition to these residents.
Photo 8: Along McKinley
Avenue a residential building
between two industrial uses is
incompatible for both
residential occupants and
industrial uses as there are no
buffers between the two.
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REPORT TO COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
City of National City
Photo 9: Residential use
along 22nd street adjacent to
an industrial use.
Photo 10: Residential use
along Cleveland Avenue
adjacent to an industrial use.
Inadequate Lot Size
Small parcel sizes particularly in the commercial corridors of 8th Street as well as the
industrial portions of the Westside area north of 22nd Street hinder these parcels ability
to be rehabilitated and redeveloped. Current development standards for neighborhood
commercial development generally require at least a two -acre site and a four -acre site
for light -industrial development. There are only 10 properties of four or more acres and
34 properties of two or more acres affected by the 2007 Amendment with 585
commercial or industrial properties being less than one-half acre.
Inadequate lot size results in development that either (1) lacks adequate parking, loading
and vehicle access; or (2) prohibits redevelopment and reuse of parcels because the
density of development that exists today would not be allowed without provisions for
adequate parking, loading and vehicle access. New development constructed to
modern development standards would be required to provide adequate parking, loading
and vehicle access, which many commercial and industrial parcels in the Project Area
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REPORT TO COUNCIL
COMMUNITY DFVFI OPMENT COMMISSION
City of National City
cannot accommodate. Once these amenities are included, the small lot sizes yield
development that is substantially below allowed floor -area -ratios (density) and cause
new development to be incapable of supporting the going land values in the Project
Area.
Photo 11: Along Cleveland
Avenue If companies cannot
find a consolidated site for
operations they use nearby
sites and have to transport
goods between the areas.
This is an unsafe condition for
other vehicles as well as the
driver of the forklift.
Photo 12: The staging of
vehicles to be repaired on the
sidewalk is shown in this
picture of a property along
1 4th Street.
Photo 13: Another instance of
staging of vehicles to be
repaired on the sidewalk.
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REPORT TO COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
City of National City
Photo 14: Another instance of
staging of vehicles to be
repaired as well as the repair
of vehicles on the sidewalk.
Excessive site coverage can also hinder the economically viable use or capacity of
buildings or lots. There are industrial buildings in the area which lack adequate floor
space for inside manufacturing and storage. As operations overflow outside into already
constrained parking areas, there is nowhere for the parking needs to be met, except for
the already congested street area.
Inadequate loading is another typical characteristic of properties with insufficient lot size.
Often small Tots must employ sidewalk and/or street loading due to the lack of adequate
on -site space. Unloading in the right-of-way; impedes access to businesses, reduces
vehicle sight lines for pedestrian and other vehicular traffic as well as restricts traffic flow
creating a hazardous traffic condition.
Photo 15: Along Cleveland
Avenue, the loading area for
this industrial building is
inadequate to accommodate
larger delivery vehicles such
as the one pictured. This
creates access issues for the
other vehicles seeking to
enter and exit the area.
RSG
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REPORT TO COUNCIL
COMMUNITY rDEvn OPMENT COMMISSION
City of National City
Photo 16: The loading and
delivery area for this industrial
building along 14t4 Street is
inadequate to accommodate
larger delivery vehicles such
as the one pictured.
Photo 17: The loading area
for this industrial building
along Cleveland Avenue
shows signs of inadequate
space.
Outdoor storage and manufacturing is common throughout the Project Area for both
commercial and industrial properties. Commercial properties often use outdoor storage
for excess materials, trash and other items. The presence of outdoor storage is an
indicator that the existing building stock provides inadequate building space for existing
business activities. Businesses are using temporary canvas tarp (tent) buildings as
permanent additions to existing areas for outdoor manufacturing and production. The
2007 Amendment will provide the CDC with a tool to assemble adequately sized
properties, in which site development can meet modern market standards.
RSG
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REPORT TO COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
City of National City
Photo 18: Along Tidelands
Avenue, this photo depicts the
use of outdoor areas for
storage of materials.
Photo 19: This photo
indicates outdoor storage of
materials on a property along
Civic Center Drive.
Photo 20: This photo
indicates outdoor storage of
materials on a property along
Civic Center Drive.
RSG
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REPORT TO COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
City of National City
Photo 21: Along McKinley
Avenue This photo indicates
outdoor storage of materials.
Code Enforcement Violations
Violations of local or state building codes are a blighting condition identified under
Section 33031(a) of the Law. Buildings and structures that do not meet current uniform
building requirements, or other local codes mandated to ensure human health and
safety, pose a threat to the workers, patrons, and residents of an area.
Based on discussions with City staff, most code enforcement cases require at least one,
if not two to three additional follow up visits to make sure the violation is not reoccurring.
The following is a list of code violations observed by City staff in the commercial and
industrial corridors of the properties affected by the 2007 Amendment:
• Unsafe wiring such as extension cords being used as permanent wiring, this fire
hazard was typically observed in residential structures converted to commercial and
industrial uses:
▪ Public right-of-way (streets and sidewalks) being used for manufacturing and repair
area, particularly for auto related businesses, which leads to manufacturing debris
and pollution being left in the public right-of-way and a hazard to pedestrians;
• Due to overcrowding on street parking in commercial and industrial areas,
commercial and industrial vehicles are stored on nearby residential streets. Small
parcel size also leads to parking of vehicles on grass and other non -paved surfaces,
which has contributed to environmental contamination of the Project Area;
• Public streets being used for loading and unloading of merchandise, usually blocking
or impairing traffic, which is a safety hazard for drivers and pedestrians;
• Canvass or plastic tarps were often observed being used as long-term roof covering
or to creating an unsafe building addition as well as permanent outdoor work areas;
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REPORT TO COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
City of National City
• Inadequate securing of trash in dumpster enclosures leads to unsanitary conditions;
• Illegal dumping of trash (including vehicles) was observed throughout the Project
Area, particularly on vacant property or abandoned commercial and industrial
properties;
• Residential structures converted to non-residential uses without proper permits.
Without proper permitting/inspections residential structures cannot be properly
evaluated if they are suitable for industrial conversion. For example, multiple
residential structures that were being used for commercial/industrial uses were
observed to have excessive storage facilities (over 120 square feet of area) in the
dedicated setback area, creating a fire hazard;
• Outdoor chemical usage in addition, to toxic manufacturing with exhaust and particle
venting not to code. This was often observed with outdoor auto repair shops, which
in multiple cases are next to residential uses;
It is important to note that if all code enforcement violations were corrected in the
properties affected by the 2007 Amendment, blighting factors such as environmental
contamination, flooding, inadequately sized parcels and unsafe traffic conditions would
still remain and the 2007 Amendment would still be justified and beneficial for the Project
Area.
ECONOMIC CONDITIONS THAT CAUSE BLIGHT
The preceding section discussed physical conditions, which are indicators of physical
blight within the proposed 2007 Amendment Area. This section will present existing
economic conditions that are indicative of blight. To accurately represent existing
economic conditions, the 2007 Amendment Area has been analyzed and information
has been gathered from the City, the County, and private sources to document the
deteriorating economic conditions of the 2007 Amendment Area.
The primary economic blighting conditions noted in the 2007 Amendment Area were low
lease rates, impaired property values due in part to hazardous wastes, and high crime
rates.
Lease Rates
Based on real estate market publications, the Project Area has an average lease rate of
$1.25 per square foot for retail properties, which is $0.88 per square foot lower than
surrounding markets. Office lease rates are generally $1.98 per square foot or $0.35 -
$0.44 per square foot lower than surrounding markets. Overall lease rates within the
Project Area tend to be lower than in the surrounding markets because the buildings in
the Project Area are older and lack amenities and do not provide opportunities for
expansion.
Table B-2 shows retail and office lease rates for the Project Area are in the low range
when compared to the City of Chula Vista and the County average.
RSG
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REPORT TO COUNCIL
COMMUNITY DFVELOPMENI COMMISSION
City of National City
Lease Rates TABLE B-2
National City Community Development Commission
Lease Rate
Office Retail
National City
Chula Vista
San Diego County
Source: Grubb 8 Ellis
$1.98
$2.33
$2.42
$1.25
$2.13
$2.13
According to real estate professionals there are a number of issues that act in concert to
impede the economic success of real estate within the some of the older industrial and
commercial corridors of the Project Area. For example, when the area developed, the
standards for industrial development allowed for smaller lot sizes than would be
permitted today and reduced set -backs from other properties. It was also noted that the
age of many industrial and commercial buildings renders them obsolete in today's
market. Deficiencies mentioned include: Small building size; Lack of parking on -site and
off-street; Lack of access to industrial sites; Lack of other amenities or inadequate
amenities such as loading and storage; Low ceiling heights which restrict indoor
operations and lead to outdoor manufacturing and/or storage.
The overall lack of amenities offered by a majority of industrial and commercial
properties in the Project Area attracts less desirable uses which impacts the rents
landowners are able to charge. Lower lease rates generally result in little net income to
reinvest in buildings to improve their condition. An adequate revenue stream is
necessary to enable property owners to perform routine maintenance of their properties.
Without funding for repairs, deferred maintenance issues could become health and
safety concerns. This may be especially true for older buildings.
Impaired Property Values Due in Significant Part to Hazardous Waste
The Project Area has multiple locations of environmental concern, most of these sites
are found in the area affected by the 2007 Amendment, particularly the Harbor District.
Generally there are three land -uses generating environmental contamination in the 2007
Amendment area; large industrial uses (particularly in the Harbor District) along with
auto repair facilities, and small-scale industrial manufacturing.
The Harbor District is approximately 300 acres of industrial and distribution area at the
western edge of the Project Area between Interstate 5 and the San Diego Unified Port
District ("Port District') Property along San Diego Bay. In 2003 the CDC undertook a
Brownfield's Grant Study Project ("Study Project") with the United States Environmental
Protection Agency to determine the extent of the pollution in the Harbor District. The
Study Project divided the Harbor District into thirteen (13) sites for individual analysis
and concluded that each of the sites likely suffered from hazardous materials
contamination, while for some sites there was positive confirmation of contaminated soil
and groundwater.
RSG
Page 20
REPORT TO COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
City of National City
Historically the Harbor District was developed between 1885 and 1925 as a railroad
staging area for transferring goods to ships on San Diego Bay. Industrial uses in the
Harbor District over the last 100 years include: oil recycling and other oil
distribution/refining facilities that used underground and aboveground storage tanks
(including several gas stations), an ordnance company, aircraft parts manufacturer, a
battery manufacturer, tank cleaning businesses, automotive servicing (including
wreckers), machine and lumber storage, tool machining and metal fabrication, finishing
and plating companies and gravel operations. At the time some of these businesses
operated protective environmental regulations that are in place today did not exist.
According to the Study Project many of these uses have resulted in the following types
of pollution: soil and groundwater contamination with oils, lubricants, solvents, lead, and
asbestos, PCBs, corrosives, petroleum hydrocarbons, metals and volatile organic
compounds ("VOC's"). Many of these uses generated hazardous wastes that in several
cases were illegally disposed of onsite. At least 10 monitoring wells have been installed
in the Harbor District to investigate subsurface conditions, with elevated petroleum
hydrocarbons having been detected in soil as well as the presence of petroleum
hydrocarbons, metals and VOCs confirmed in groundwater monitoring wells.
In addition, data obtained in connection with the Study Project shows that environmental
sites requiring remedial investigation or that have recently undergone remedial action
are highly concentrated in the Project Area. Available data for said environmental sites
includes properties for which investigation and/or clean-up efforts are headed by one of
the following lead agencies; San Diego Department of Environmental Health, California
Regional Water Quality Control Board, and the Califomia Department of Toxic
Substances Control. Furthermore, according to environmental attorneys involved with
the Study Project and the creation of the City's Brownfield Redevelopment Information
System, sites located within the 2007 Amendment Area that have already undergone
remedial action are not necessarily presumed suitable for all uses. While the CDC
currently has eminent domain authority in the Harbor District and along National City
Blvd, it is set to expire in July of 2007 and the 2007 Amendment would extend the CDC's
eminent domain authority until 2019 to assist, if necessary, in the clean up of these
properties.
Photo 22: This Property along
National City Boulevard
suffers from environmental
contamination and cannot be
built upon for the foreseeable
future. Storage activities are
the only usage this site is able
to maintain until the pollution
subsides and the ground
stops sinking.
RSG
Page 21
REPORT TO COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
City of National City
Photo 23: Along Bay Marina
Drive this site suffers from
environmental contamination
and is under remediation.
However remediation does
not guaranty that the site can
be built upon in the
foreseeable future.
The National City Fire Department ("Fire Department") in conjunction with the County
issues permits for businesses handling hazardous materials ("Haz-Mat"). Currently,
there are approximately 343 Haz-Mat permits in the City, with a high percentage of these
being issued in the commercial and industrial corridors of the 2007 Amendment area.
Fire Department staff believes the number of actual hazardous materials users or
businesses with Haz-Mat permits that do not list all of the hazardous materials used on
site, is often times much higher than the actual number of permits issued. During the
time period between April 2006 and April 2007, the National City Fire Department
responded to 15 Haz-Mat and hazardous release investigation calls inside the 2007
Amendment area.
Outdoor manufacturing is a cause of hazardous materials being released in the outside
environment, particularly with automobile related businesses. Many auto body shops
were observed to be doing grinding of parts and spraying of toxic materials outside. This
practice sends these hazardous materials airborne, often to surrounding residents.
When these contaminants settle to the ground they either soak into the soil or run into
the storm drains as contaminated urban runoff. This runoff eventually finds its way into
San Diego Bay.
Further, contributing to these conditions are some of the storage practices for chemicals
and debris observed during the field survey. Approximately 40% of properties were
found to have signs of garbage, debris, stagnant water and/or combustible materials on
site. Outdoor storage while being unsightly is also dangerous as holding containers are
subjected to weather elements and decompose more rapidly. Numerous substandard
building additions were observed to be used for hazardous materials storage. Many of
these sheds are made of plywood or canvass tarps that in and of themselves present a
fire hazard, but when these substandard structures are combined with hazardous
materials storage and usage, it become a significant environmental and fire hazard to
the surrounding structures many of which are residential.
RSG
Page 22
REPORT TO COUNCIL
COMMUNITY UEVELOPMFNT COMMISS1ON
City of National City
Crime
A high crime rate that constitutes a serious threat to public safety and welfare is a
condition of economic blight. In order to assess the impact of crime within the Project
Area, information regarding the incidence of violent and other serious property crime
reported by the National City Police Department was analyzed.
All police agencies in the County report their crime statistics to the Automated Regional
Justice Information System ("ARJIS"), which is a regionally standardized system that
enables comparison of the number of crimes reported by jurisdictions across the County.
ARJIS reports to the same categories as the nationally recognized Federal Bureau of
Investigation ("FBI") Crime Index. The Index includes four violent offenses (willful
homicide, forcible rape, robbery, and aggravated assault) and three types of property
crimes (burglary, larceny theft, and motor vehicle theft). The offenses included in the FBI
Index were selected due to their serious nature and/or volume, as well as the probability
that these crimes will be reported to the police. Crime rates in Table B-3 were computed
by occurrence per 1,000 persons using San Diego Association of Government 2006
population estimates.
The regional crime rate based on ARJIS incorporates both local jurisdictions and
unincorporated areas in the County. The 2006 County crime rate based upon ARJIS is
34.2 crimes per 1,000 persons. The 2006 crime rate for the Cities of Chula Vista and
San Diego are 35.8 and 39.4 respectively. The 2006 crime rate in National City is 47.4
per 1,000 or 39% higher than the County average and 32% and 20% higher than the
Cities of Chula Vista and San Diego respectively.
The table on the following page uses data from the 2006 calendar year for all
jurisdictions. In addition to having the highest overall crime rate in 2006, National City's
crime rates were higher for the following individual categories; robbery, aggravated
assault, burglary, and motor vehicle theft. The City had the second highest theft rate
and similar murder and rape rates as the rest of the County. Due to the reporting format
of ARJIS, crime data for National City is city-wide, which is larger than the proposed
2007 Amendment area. However, it is furthermore determined that a disproportionate
share of the City's crime occurs within the boundaries of the 2007 Amendment Area.
With the assistance of National City Police Department crime analysts, it is presumed
that approximately 12.6% of the City's total reported crimes occurred within the
boundaries of the 2007 Amendment area even though the area only constitutes
approximately 8.5% of the City's total area
PARCELS NEEDED FOR EFFECTIVE REDEVELOPMENT
Section 33321 of the Law states that a project area need not be restricted to buildings
and properties that are detrimental to the public health safety or welfare, but may consist
of an area in which such conditions predominateand injuriously affect the entire area. A
project area may include lands, buildings or improvements which are not detrimental to
the public health, safety or welfare, but whose inclusion is found necessary for the
effective redevelopment of the area. Areas cannot be included for the sole purpose of
obtaining the allocation of tax increment revenue but must have substantial justification
that they are necessary for effective redevelopment.
RSG
Page 23
REPORT TO COUNCIL
COMMUNI IY DEVFI OPMFNT COMMISSION
City of National City
This Report documents that in the area affected by the 2007 Amendment there are
parcels that do not exhibit blighting conditions but that they are interspersed with parcels
that are blighted and necessitate inclusion in the 2007 Amendment area. The number of
and severity of blighted parcels in the Project Area negatively affects the non -blighted
parcels because of their appearance and proximity. In addition, there are certain types
of blighting conditions that cannot be directly linked to a particular parcel such as
substandard on -street parking, which is a cumulative factor.
If only parcels that exhibited blighting conditions were included, the 2007 Amendment
would not be a contiguous area. The intention of the CDC through the 2007 Amendment
is to facilitate rehabilitation programs that will cure health and safety issues and
improving the appearance of the Project Area.
PIHYSICAL AND ECONOMIC BURDEN ON COMMUNITY
When evaluated in whole, the numerous physical and economic conditions described in
this section of the Report are a serious physical and economic burden on the
community. This burden cannot reasonably be expected to be reversed or alleviated by
private enterprise and/or existing governmental authority, without the 2007 Amendment.
A summary of the issues includes:
• The documented presence of environmental contamination in the industrial
corridors of the Project Area, causes safety hazards to area occupants and the
cost of removal of these substances increases rehabilitation costs. These
conditions are an economic burden on the community as property owners
choose to maintain obsolete buildings on polluted sites, instead of pursuing new
development which would likely require an expensive cleanup of pollutants.
• Obsolete buildings attract lower commercial and industrial lease rates, which
provide less revenue for property owners to make regular repairs and upgrades.
Without periodic maintenance, buildings become deteriorated or even dilapidated
due to lack of reinvestment in the properties.
• The higher crime rates in the City/Project Area require more calls for service
which increases municipal costs and creates an additional burden on community
services as public resources are diverted.
• Incompatible adjacent uses where commercial and/or industrial properties are
directly adjacent to residential uses could subject residents to toxic dust created
by outdoor industrial repairs and production.
• Response -based code enforcement is unable to address all of the health and
safety code violations that exist in the commercial and industrial corridors of the
Project Area. The added municipal cost of code enforcement activity is also a
burden on the community as municipal resources are diverted from other
programs to address code violations.
• Inadequate lot size compounds blighting conditions in the Project Area, as these
parcels are not of adequate area to accommodate the necessary parking and
RSG
Page 24
REPORT TO COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
City of National City
loading amenities, while maintaining safe access to the site. Redevelopment of
the small sized parcels in the Project Area is not economically viable for private
development, which results in a lack of investment in new development that
continues to negatively impacting the surrounding community.
The extension of eminent domain authority would provide another tool to assist the CDC
in correction of these and other blighting conditions for the properties affected by the
2007 Amendment. The private marketplace has not been successful in achieving the
needed lot consolidations for new development due to limited number of property
owners willing to enter into negotiations. Utilizing eminent domain would provide the
CDC with a greater ability to achieve the Redevelopment Plan goals. The 2007
Amendment would provide the CDC with the ability to rectify the inadequately sized
properties, improve circulation, make improvements to the commercial and industrial
properties and remove substandard dilapidated buildings.
RSG
Page 25
SECTION C
Five -Year Tmplementation Plan
On June 14, 2005, the CDC adopted its current Five -Year Implementation Plan
("Implementation Plan") for the Project Area. The Implementation Plan was prepared
pursuant to Section 33490 of the Law and contains specific goals and objectives for the
Project Area, the specific projects, and expenditures to be made during the five-year
planning period, and an explanation of how these goals, objectives and expenditures will
eliminate blight within the Project Area. The Implementation Plan is not affected by the
proposed 2007 Amendment. The Implementation Plan is incorporated herein by
reference.
SECTION D
Why the Elimination of Blight and Why Redevelopment Cannot be
Accomplished by Private Enterprise Acting Alone or by the CDC's
use of Financing Alternatives other than Tax Increment
Section 33352(d) of the Law requires an explanation of why the elimination of blight in
the Project Area cannot be accomplished by private enterprise alone, or by the CDC's
use of financing alternatives other than tax increment financing. This information was
previously provided in the supporting documentation prepared and provided at the time
of the adoption of the existing Project Area. The 2007 Amendment will not make any
changes that would affect the validity of the previously prepared documentation
supporting the need for tax increment.
RSG
Page 27
SECTION E
Method of Financing
The method of financing redevelopment activities was provided in the Original Reports
when the Project Area was adopted. The 2007 Amendment will not alter the Project
Area boundaries, affect the base year value or change the proposed method of
financing. Therefore the 2007 Amendment does not warrant that the method of
financing be reviewed.
RSG
Page 28
REPORT TO COUNCIL
COMMUNITY DEVELOPMFNT COMMISSION
City of National City
SECTION F
Method of Relocation
Sections 33352(f) and 33411 of the Law require the CDC to prepare a method or plan
for the relocation of families and persons who may be temporarily or permanently
displaced from housing facilities located within the Project Area. The Law also requires
a relocation plan when nonprofit local community institutions are to be temporarily or
permanently displaced from facilities actually used for institutional purposes in said
Project Area. In addition, the Law requires relocation assistance for commercial and
industrial businesses displaced by redevelopment activities. The CDC has previously
approved the Relocation of Persons Displaced ("Method of Relocation"), which was
amended on July 18, 1995. The final Method of Relocation is incorporated herein by
reference and is on file with the Secretary of the CDC.
RSG
Page 29
REPORT TO COUNCIL
COMMUNITY DEVELOPMFNT COMMISSION
City of National City
SECTION G
Analysis Of The Preliminary Plan
An analysis of the Preliminary Plan was provided in the supporting documentation
prepared at the time the Project Area was adopted. Pursuant to Section 33457.1 of the
Law, because the analysis of the Preliminary Plan remains the same and is not affected
by the 2007 Amendment, additional analysis is not required.
SECTION H
Report And Recommendation Of The Planning Commission
Section 33352(h) of the Law requires inclusion of a report and recommendation of the
National City Planning Commission ("Planning Commission"). The report and
recommendation of the Planning Commission was provided in the supporting
documentation prepared at the time the Project Area was adopted. The CDC did not
request a new report and recommendation from the Planning Commission for the 2007
Amendment, because it does not affect the Plan's land use provisions and it was
previously determined that the existing Plan was in conformance with the adopted
General Plan of National City. Therefore, it was not necessary to require the Planning
Commission to make additional findings.
SECTION I
Report Of The Project Area Committee
Pursuant to the Law, a redevelopment agency shall call upon the property owners,
residents, business tenants and existing community organizations in a redevelopment
project area, or amendment area, to form a project area committee ("PAC") if: (1)
granting the authority to the agency (CDC) to acquire by eminent domain property on
which persons reside in a project area in which a substantial number of low- and
moderate -income persons reside; or (2) add territory in which a substantial number of
low- and moderate -income persons reside and grant the authority to the agency to
acquire by eminent domain property on which persons reside in the added territory.
The CDC did not form a PAC because the 2007 Amendment specifically excludes
properties that are used for residential purposes, and no projects or programs have been
identified that will displace low- and moderate -income persons. Therefore, it was not
necessary to form a PAC pursuant to Section 33385.3 for the purposes of making
additional findings.
RSG
Page 30
REPORT TO COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
City of National City
SECTION J
General Plan Conformance
The 2007 Amendment does not contain provisions which would alter land use
designations, nor does the proposed 2007 Amendment affect the land use provisions of
the Plan. Information that determined the Plan was in conformance with the General
Plan was provided in the documentation prepared at the time the Project Area was
adopted. Therefore, Section 33352(j) of the Law requiring a report of General Plan
conformance per Section 65402 of the Government Code is not required.
SECTION K
Environmental Documentation
Section 33352(k) of the Law requires environmental documentation to be prepared
pursuant to Section 21151 of the Public Resources Code. Concurrent with the adoption
of the Plan and the subsequent amendments, the CDC undertook appropriate
environmental documentation as necessary. For the 2007 Amendment, a Negative
Declaration (Initial Study) was prepared pursuant to Califomia Environmental Quality Act
guidelines, which found that the proposed 2007 Amendment to extend eminent domain
authority would not have a significant adverse impact on the environment. A copy of the
Negative Declaration follows as Attachment 3.
SECTION L
Report of the County Fiscal Officer
The proposed 2007 Amendment will not enlarge the Project Area; therefore, it is not
necessary for the CDC to request a base year report from the County of San Diego
pursuant to section 33328 of the Law. Project Area fiscal information was provided in
the supporting documentation prepared and provided at the time the Project Area was
adopted. Because the proposed 2007 Amendment will not alter the boundaries of the
Project Area, this report is not needed or required.
RSG
Page 31
REPORT TO COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
City of National City
SECTION M
Neighborhood Impact Report
Section 33352(m) of the Law requires the inclusion of a Neighborhood Impact Report.
This information is presented in the Original Reports that were prepared and provided at
the time Project Area was adopted. Because the proposed 2007 Amendment will not
enlarge the Project Area; pursuant to Section 33457.1 of the Law no additional analysis
would be appropriate or required.
SECTION N
Summary of the Agency Consultation with Affected Taxing Agencies
Because the 2007 Amendment does not add area to the Project Area, submission of a
request to the County to prepare a report pursuant to Section 33328 of the Law was not
required or appropriate. Therefore, a summary of this report is not included. With
regard to consultations, the taxing agencies received all notices regarding the 2007
Amendment and they were invited to contact the CDC Executive Director regarding the
2007 Amendment. The 2007 Amendment does not affect the financing in any way nor
does it change land uses or public improvement projects.
RSG
Page 32
APPENDICES
ATTACIIMENT 1 — PROJECT AREA MAP WITH CURRENT EMINENT
DOMAIN
See attached Project Area Map following this page, with eminent domain authority as
proposed by the 2007 Amendment. Attachment 1 illustrates the Project Area boundaries
and identifies the properties affected by the proposed 2007 Amendment to extend
eminent domain authority by an additional twelve years.
RSG
Page 33
APPENDICES
ATTACHMENT 2 -- NEGATIVE DECLARATION
See attached Negative Declaration following this page.
oRSG
Page 34
Attachment 3
Community Development Commission of National City
1243 National City Boulevard
National City, California 91950-3312
Telephone (619) 336-4250
Fax (619) 336-4286
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Redevelopment Plan Amendment 2007 - Negative Declaration
A. INTRODUCTION
The Community Development Commission of the City of National City (the "CDC") prepared a
Negative Declaration for the proposed 2007 Redevelopment Plan Amendment to extend the
authority to use eminent domain. The CDC proposes to extend the CDC's existing authority to
acquire property, as a last resort, through eminent domain to vacant property (as defined in the
National City Municipal Code Section 7.06.20), and all commercial and industrial zoned
properties in those areas which are currently subject to eminent domain authority within the
National City Redevelopment Project Area. The current exemption for single family residences
would be expanded so that all housing uses, whether single-family or multi -family, are
specifically excluded from the use of eminent domain.
The Commission currently has the authority to acquire property through eminent domain until
July 18, 2007 in the following areas:
• Properties located immediately east and adjacent to National City Boulevard, between Division
Street and the south City limits.
• Properties located immediately west and adjacent to National City Boulevard, between Division
Street and State Route 54.
• Properties located immediately west and adjacent to Civic Center Drive, between Interstate 5 and
National City Boulevard.
• Properties located itntnediately south and adjacent to Civic Center Drive, between Interstate 5 and
National City Boulevard.
• Properties located immediately north and south and adjacent to 8th Street, between Interstate 5
and "D" Avenue.
• Properties west of Interstate 5, excepting the San Diego Unified Port District property.
• Specific properties located immediately southwest of the intersection of Plaza Boulevard and
Highland Avenue.
This amendment will extend the Commission's authority to acquire property through eminent
domain within these areas until 2019.
The 2007 Amendment also includes the addition and modification of redevelopment plan text as
it pertains to redevelopment actions and uses permitted in the project area. As proposed the
amendment would add a provision for the CDC to pay all or part of the value of the land and the
cost of the installation and construction of any publicly owned building, facility, structure, or
other improvement within or without the Project Area pursuant to Health and Safety Code
Section 33445.
The 2007 Amendment would modify Section VII (c) of the Redevelopment Plan, thus allowing
for used auto and truck sales when part of a new vehicle dealership and located on land within
the Transportation Center district. The 2007 Amendment will also change the current exclusion
of eminent domain on single-family homes (Exhibit D) to include all residential land uses, as
well as revising Exhibit C — "Public Facilities/Infrastructure improvement Projects".
No other changes to the Redevelopment Plan for the National City Redevelopment Project are
included in this amendment.
Community Development Commission of National City — Negative Declaration Page 1
Extension of the Authority to Use Eminent Domain
The Negative Declaration for the 2007 Amendment evaluated the potential environmental
impacts that could occur with making the proposed amendments to the existing Redevelopment
Plan. The Negative Declaration was mailed for a 20-day public review period beginning June 7,
2007 and is scheduled to end on June 27, 2007. Comments on the 2007 Redevelopment Plan
Amendment Negative Declaration should be submitted during this public review period. The
Negative Declaration will be considered for approval July 3, 2007.
The commercial and industrial properties within the Project Area that are now subject to the use
of eminent domain are shown on the attached map. The change to the 2007 Redevelopment Plan
Amendment to extend the eminent domain time limit in the existing project area, revising
Exhibit D to exclude all residential land uses, revising the transportation center section and
revising Exhibit C — public facilities and infrastructure is now referred to as the 2007
Redevelopment Plan Amendment, which reflects the stated change.
B. CEQA PROVISIONS
As stated above, a Negative Declaration was prepared for the 2007 Redevelopment Plan
Amendment pursuant to Section 1.5070 of the California Environmental Quality Act Guidelines
(CEQA Guidelines). The revision to the 2007 Amendment is now reflected by the 2007
Amendment, which did not cause or generate any significant effects.
C. ENVIRONMENTAL DETERMINATION
The Negative Declaration did not identify any significant or adverse environmental impacts
associated with the extension of the eminent domain time limit in the existing project area,
revising Exhibit D to exclude all residential land uses, revising the transportation center section
and revising Exhibit C — public facilities and infrastructure. Pursuant to CEQA Guidelines
Section 15073.5(c)(2), the Negative Declaration is adequate in its analysis of the 2007
Redevelopment Plan Amendment.
Community Development Commission of National City — Negative Declaration
Extension of the Authonty to Use Eminent Domain
Page 2
Attachment 4
REDEVELOPMENT PLAN
FOR THE
NATIONAL CITY REDEVELOPMENT PROJECT
Prepared:
May 8, 1995
Adopted:
July 18, 199.5
Amended:
December 1, 1981
May 22, 1984
April 16, 1985
June 18, 1991
July 18, 1995
June 19, 2001
July _, 2007
Prepared for:
Community Development Commission
of the City of National City
140 E. l2th Street, Suite B
National City, California 91950-3312
619-336-4250
Prepared by:
Rosenow Spevacck Group, Inc.
540 North Golden Circle, Suite 305
Santa Ana, California 92705
714/541-4585
619/967-6462
OAxinrcms aN.ettumgsWri vis sctwyskletsgsorury internee fiks Nolk6e1rdplan Mc Adopted 7/18/95
SECTION I. (100) INTRODUCTION 1
A. (101) General 1
SECTION II. (200) BACKGROUND 2
SECTION III. (300) GENERAL DEFINITIONS 2
SECTION IV. (400) PROJECT AREA BOUNDARIES 4
SECTION V. (500) REDEVELOPMENT PLAN GOALS 4
SECTION VI. (600) REDEVELOPMENT ACTIONS 5
A. (601) General S
B. (602) Property Acquisition 7
C. (605) Participation by Owners and Persons Engaged in Business 8
D. (609) Implementing Rules 9
E. (610) Cooperation with Public Bodies 10
F. (611) Property Management 10
G. (612) Payments to Taxing Agencies 10
H. (613) Relocation of Persons Displaced by a Project 11
I. (616) Demolition, Clearance, Public Improvements, Site Preparation and Removal 11
J. (621) Rehabilitation, Moving of Structures by the CDC and Seismic Repairs 13
K. (625) Property Disposition and Development 14
L. (630) Provision for Low and Moderate Income Housing 16
SECTION VII. (700) USES PERMITTED IN THE PROJECT AREA 20
A. (701) Map and Uses Permitted 20
B. (702) Major Land Use Designations (as now provided in the General Plan) 20
C. (703) Transportation Center 21
D. (704) Public Uses 22
E. (707) Conforming Properties 22
F. (708) Nonconforming Uses 23
G. (709) interim Uses 23
II. (710) General Controls and Limitations '73
I. (720) Design for Development 25
J. (721) Building Permits 26
SECTION VIII. (800) METHODS FOR FINANCING THE PROJECT 26
A. (801) General Description of the Proposed Financing Methods 26
B. (802) Tax Increment Revenue �7
C. (803) CDC Bonds 33
D. (804) Other Loans and Grants 34
n gut
ntsaa1 vttulyskidans31,al actemes,tc. uiw, tnvrciet fikskdk> eWpMndoc
Adopted 7/18/95
E. (805) Rehabilitation Loans, Grants, and Rebates 34
SECTION IX. (900) ACTIONS BY THE CITY 34
SECTION X. (1000) ADMINISTRATION AND ENFORCEMENT 35
SECTION XI. (1100) DURATION OF THIS PLAN 35
SECTION XII. (1200) PROCEDURE FOR AMENDMENT 36
EXHIBIT A 37
EXHIBIT B 38
EXHIBIT C 39
EXHIBIT D 40
eat-cown. and scttmgss.kles is\ xttmrs41., n..y®tcrnet fiksblEGs4slpleudus: Adepted 7/18/95
REDEVELOPMENT PLAN
FOR 'I'HF, •
NATIONAL CITY REDEVELOPMENT PROJECT
SECTION I. (100) INTRODUCTION
A. (101) General
This is the Redevelopment Plan for the National City Redevelopment Project as amended
("Plan"), located in the City of National City, County of San Diego, State of California.
It consists of the text (Sections 100 through 1100), the Project Area Map of
Redevelopment Project Area No. 1 ("Project Area") (Exhibit A), the legal description of
the Project Area boundaries (Exhibit B), a listing of the proposed public facilities and
infrastructure improvement projects (Exhibit C), and a map of the properties potentially
subject to acquisition by eminent domain (Exhibit D).
This Plan has been prepared by the Community Development Commission (the "CDC")
pursuant to the California Community Redevelopment Law (IIealth and Safety Code
Section 33000, et seq.), the California Constitution and all applicable laws and
ordinances. It does not present a specific plan for the redevelopment, rehabilitation and
revitalization of any area within the Project Area; instead, it establishes a process and
framework for implementation. This Plan is based upon the Preliminary Plan formulated
and adopted by the National City Planning Commission and the CDC on March 7, 1994
and March 15, 1994, respectively.
This Plan supersedes, by amendment and restatement, the Redevelopment Plan for the
National City Downtown Redevelopment Project adopted by Ordinance No. 1762 on
December 1, 1981, as amended by Ordinance No. 1821 adopted on May 22, 1984,
Ordinance No. 1851 adopted on April 16, 1985, ;and -Ordinance No. 91-2013 adopted on
June 18, 1991 Ordinance No. 9.5-2095 adopted on July 18, 1995, and Ordinance No.
2187 adopted on June 19, 2001. This Plan was amended again by Ordinance No.
adopted on July , 2007. This Plan will amend the preexisting Redevelopment Plan as
follows:
• extend the CDC's existing eminent domain ethemity-authority by 12 years in those
areas currently subject to eminent domain;
• add a provision for the CDC to pay all or part of the value of the land and the cost of
the installation and construction of any publicly owned building, facility, structure, or
other improvement within or without the Project Arca pursuant to Health and Safety
Code Section 33445;
• modify Section VII (c), thus allowing for used auto and truck sales when part of a new
vehicle dealership and located on land within the "Transportation Center district.
c.`donsmrnts and :.estmg041.Ln u\ocal scttmRsvr.nporary mtnuci Idesblk&'.Arlan tk+c
1 Adopted 7/18i95
SECTION II. (200) BACKGROUND
The preexisting National City Downtown Redevelopment Project was comprised of seven
separate project areas. Between 1969 and 1978, the City Council of the City of National City
("City Council") adopted four redevelopment projects: the E.J. Christman Business and
Industrial Park Redevelopment Project by Ordinance No. 1233 on November 18, 1969, the South
Bay Town and Country Redevelopment Project by Ordinance No. 1471 on June 24, 1975, the
Center City Redevelopment Project by Ordinance No. 1505 on April 13, 1976, and the E.J.
Christman Business and Industrial Park Redevelopment Project Amendment No. 2 by Ordinance
No. 1610 on December 13, 1977. On December 1, 1981, the City Council adopted the National
City Downtown Redevelopment Project by Ordinance No. 1762, merging the four preexisting
redevelopment projects and incorporating additional properties to establish a 2,080-acre merged
project area. The merged National City Downtown Redevelopment Project has been amended
three times since its adoption: Amendment No. 1 adopted on May 22, 1984 by Ordinance No.
1821, Amendment.No. 2 adopted on April 16, 1985 by Ordinance No. 1851, and Amendment
No. 3 adopted on June 18, 1991 by Ordinance No. 91-2013, Amendment No. 4 adopted on July
18, 1995 by Ordinance No. 95-2095, and Amendment No. 5 adopted on June 19, 2001 by
Ordinance No. 2187. Of these amendments, only Amendment No. 2 increased the size of the
project area, adding approximately three acres, and enlarging the merged National City
Downtown Redevelopment Project Area to approximately 2,083 acres.
SECTION III. (300) GENF.RAL DEFINITIONS
The following definitions will be used generally in the context of this Plan unless otherwise
specified herein:
A. "Added Area" means thc territories included in the Project Area by Ordinance No.
95-2095 adopted by the City Council on July 18, 1995, as depicted on Exhibit A
and described in Exhibit B.
B. "Annual Work Program" means that portion of the CDC's annual budget that sets
forth programs and goals to be accomplished by the CDC during the fiscal year.
C. "CDC" means the Community Development Commission of the City of National
City, California.
D. "Center City Area" means the territories originally included in the Center City
Redevelopment Project Area by Ordinance No. 1505 adopted by the City Council
on April 13, 1976, and subsequently merged into the Existing Area.
E. "City" means the City of National City, California.
F. "City Council" means the legislative body of thc City.
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2 Adopted 7/18/95
G. "County" means the County of San Diego, California.
H. "Disposition and Development Agreement" means an agreement between a
developer and the CDC that sets forth terms and conditions for improvement and
redevelopment.
1. "Downtown Original Area" means the territories originally added to the Existing
Area by Ordinance No. 1762 adopted by the City Council on December 1, 1981.
J. "Downtown 1985 Amendment Area" means the territories originally added to the
Existing Arca by Ordinance No. 1851 adopted by the City Council on April 16,
1985.
K. "E.J. Christmanl Area" means the territories originally included in the E.J.
Christman Business and Industrial Park Redevelopment Project Area by
Ordinance No. 1233 adopted by the City Council on November 18, 1969, and
subsequently merged into the Existing Area.
L. "E.J. Christman2 Area" means the territories originally included in the E.J.
Christman Business and Industrial Park Redevelopment Project Area Amendment
No. 2 by Ordinance No. 1610 adopted by the City Council on December 13, 1977,
and subsequently merged into the Existing Area.
M. "Existing Area" means the merged National City Redevelopment Project Area
originally formulated by Ordinance No. 1762 adopted by the City Council on
December 1, 1981, and subsequently amended by Ordinance No. 1821 on May 22,
1984, Ordinance No. 1851 on April 16, 1985, and Ordinance No. 91-2013 on June
18, 1991, as depicted on Exhibit A.
N. "General Plan" means the City's General Plan, a comprehensive and long-term
General Plan for the physical development of the City as provided for in Section
65300 of the California Government Code.
O. "Map" means the Map of the Project Area attached hereto as Exhibit A.
P. "Method of Relocation" means the methods or plans adopted by the CDC
pursuant to Sections 33352(f) and 33411 of the Redevelopment Law for the
relocation of families, persons and businesses to be temporarily or permanently
displaced by actions of the CDC.
Q. "2007 Ordinance" means City Council Ordinance No. adopted on July _,
2007 amending this Plan.
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QR. "Owner Participation Agreement" means an agreement between the CDC and a
property owner or tenant which sets forth terms and conditions for improvement
and redevelopment.
RS. "Person" means an individual(s), or any public or private entities.
ST. "Plan" means the redevelopment plan for the Project as amended.
TU. "Project" means the National City Redevelopment Project.
UV. "Project Arca" means the National City Redevelopment Project Area, inclusive of
the Existing Area and Added Area, which is the territory this Plan applies to, as
shown on Exhibit A.
VW. "Redevelopment Law" means the California Community Redevelopment Law
(Health and Safety Code, Sections 33000, et seg.) as it now exists or may be
hereafter amended.
WX. "South Bay Town and Country Area" means the territories originally included in
the South Bay Town and Country Redevelopment Project Area by Ordinance No.
1471 adopted by the City Council on June 24, 1975, and subsequently merged into
the Existing Area.
XY. "State" means the State of California.
SECTION IV. (400) PROJECT AREA BOUNDARIES
The boundaries of the Project Area are illustrated on the map attached hereto and incorporated
herein as Exhibit A. The legal description of the boundaries of the Project Area is as described
in Exhibit B attached hereto and incorporated herein.
SECTION V. (500) REDEVELOPMENT PLAN GOALS
Implementation of this Plan is intended to achieve the following goals:
• Eliminate and prevent the spread of conditions of blight including: underutilized
properties and deteriorating buildings, incompatible and uneconomic land uses,
deficient infrastructure and facilities, obsolete structures, and other economic
deficiencies in order to create a more favorable environment for commercial, office,
industrial, residential, and recreational development.
• Unify City's Harbor District with the downtown area through enhanced
employment, commercial, and maritime development opportunities.
• Expand the commercial base of the Project Area.
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4 Adopted 7/18/95
• Improve public facilities and public infrastructure.
• Improve inadequate drainage infrastructure.
• Improve and/or provide electric, gas, telephone, and wastewater infrastructure to
both developed and undeveloped properties within the Project Area.
• Promote local job opportunities.
• Encourage the cooperation and participation of residents, businesses, business
persons, public agencies, and community organizations in the
redevelopment/revitalization of the Project Area.
• Implement design and use standards to assure high aesthetic and environmental
quality, and provide unity and integrity to developments within the Project Area.
• Address parcels of property that are: of irregular form and shape, are inadequately
sized for proper usefulness and development, and/or are held in multiple ownership.
• Remove impediments to land disposition and development through the assembly of
property into reasonably sized and shaped parcels served by improved infrastructure
and public facilities.
• Recycle and/or develop underutilized parcels to accommodate higher and better
economic uses while enhancing the City's financial resources.
• Promote the rehabilitation of existing housing stock.
• Increase, improve, and preserve the community's supply of housing —affordable
housing for very low, low and moderate income households.
SECTION VI. (600) REDEVELOPMENT ACTIONS
A. (601) General
The CDC proposes to eliminate and prevent the recurrence of blight, and improve the
economic base of the Project Area by:
1. Acquiring, installing, developing, constructing, reconstructing,
redesigning, replanning, or reusing streets, curbs, gutters, sidewalks, traffic
control devices, utilities, flood control facilities and other public
improvements and public facilities.
2. Rehabilitating, altering, remodeling, improving, modernizing, or
reconstructing buildings, structures and improvements.
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3. Rehabilitating, preserving, developing or constructing affordable housing
in compliance with State law.
4. Providing the opportunity for owners and tenants presently located in the
Project Area to participate in redevelopment projects and programs, and
extending preferences to occupants to remain or relocate within the
redeveloped Project Area.
5. Providing relocation assistance to displaced residential and nonresidential
occupants, if necessary.
6. Facilitating the development or redevelopment of land for purposes and
uses consistent with this Plan.
7. Acquiring real property by purchase, lease, gift, grant, request, devise or
any other lawful means (including eminent domain on a limited basis),
after the conduct of appropriate hearings.
8. Combining parcels and properties where and when necessary.
9. Preparing building sites and constructing necessary off -site improvements.
10. Providing for open space.
11. Managing property owned or acquired by the CDC.
12. Assisting in procuring financing for the construction of residential,
commercial, and office buildings to increase the residential and
commercial base of the Project Area, and the number of temporary and
permanent jobs in the City.
13. The disposition of property including, without limitation, the lease or sale
of land at a value determined by the CDC for reuse in accordance with this
Plan.
14. Establishing controls, restrictions or covenants running with the land, so
that property will continue to be used in accordance with this Plan.
15. Vacating or abandoning streets, alleys, and other thoroughfares, as
necessary, and dedicating other areas for public purposes consistent with
the objectives of this Plan.
16. Providing replacement housing, if any is required.
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6 Adopted 7n 8/95
17. Applying for and utilizing grants, loans and any other assistance from
federal or State governments, or other sources.
18. Taking actions the CDC determines are necessary and consistent with
State, federal and local laws to make structural repairs to buildings and
structures, including historical buildings, to meet building code standards
related to seismic safety.
19. Taking actions the CDC determines are necessary and consistent with
State, federal and local laws to remedy or remove a release of hazardous
substances on, under or from property within the Project Area or to
remove hazardous waste from property.
20. Pursuant to Health and Safety Code Section 33445, pay all or part of the
value of the land and the cost of the installation and construction of any
publicly owned building, facility, structure, or other improvement within
or without the Project Area provided: (1) the buildings, facilities,
structures, or other improvements are of benefit to the Project Area; (2) no
other reasonable means of financing the buildings, facilities, strictures, or
other improvements are available to the City; and (3) the payment of funds
for the acquisition of land or the cost of buildings, facilities, structures, or
other improvements will assist in the elimination of blight within the
Project Area.
To accomplish these actions and to implement this Plan, the CDC is authorized to use the
powers provided in this Plan, and the powers now or hereafter permitted by the
Redevelopment Law and any other State law.
B. (602) Property Acquisition
1. (603) Acquisition of Real Property
Without limitation, the CDC may acquire real property, any interest in property,
and any improvements on it by any means authorized by law including, without
limitation, by gift, grant, exchange, purchase, cooperative negotiations, lease,
option, bequest, or devise.
In addition, the CDC may also employ eminent domain in projects involving land
acquisition of any real property identified in Exhibit D incorporated herein.
To the extent required by law, the CDC shall not acquire real property on which
an existing building is to be continued on its present site and in its present form
and use without the consent of the owner, unless: (1) such building requires
structural alteration, improvement, modernization or rehabilitation; or (2) the site
or lot on which the building is situated requires modification in size, shape or use;
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or (3) it is necessary to impose upon such property any of the standards,
restrictions and controls of this Plan and the owner fails or refuses to participate in
the Plan by executing an Owner Participation Agreement.
Except as otherwise provided herein, or otherwise provided by law, no eminent
domain proceeding to acquire property within the Project Area shall be
commenced within the Center City Area, the Downtown Original Area, the
Downtown 1985 Amendment Arca, and the Added Area after twelve (12) years
following the date of adoption of the 2007 Ordinance amending ordinance
adopting this Plan. Such time limitation may be extended only by amendment of
this Plan.
The CDC shall not employ eminent domain in acquiring property within the E.J.
Christman1 Area, the E.J. Christman2 Area, or the South Bay Town and County
Arca or in acquiring any residential property in the Project Arca.
2. (604) Acquisition of Personal Property
Where necessary in the implementation of this Plan, the CDC is authorized to
acquire personal property in the Project Area by any lawful means.
C. (605) Participation by Owners and Persons Engaged in Business
1. (606) Owner Participation
This Plan provides for participation in the redevelopment of property in the
Project Area by the owners of all or part of such property if the owners agree to
participate in the redevelopment in conformity with this Plan.
Opportunities to participate in the redevelopment of property in the Project Area
may include without limitation the rehabilitation of property or structures; the
retention of improvements; the development of all or a portion of the participant's
property; the acquisition of adjacent or other properties from the CDC; purchasing
or leasing properties in the Project Area; participating with developers in the
improvement of all or a portion of a participant's properties; or other suitable
means consistent with objectives and proposals of this Plan and with the CDC's
rules governing owner participation and re-entry.
In addition to opportunities for participation by individual persons and firms,
participation, to the extent it is feasible, shall be available for two or more
persons, firms or institutions, to join together in partnerships, corporations, or
other joint entities.
The CDC desires participation in redevelopment activities by as many owners and
business tenants as possible. Ilowever, participation opportunities shall
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8 Adopted 7/18/95
necessarily be subject to and limited by such minimum factors as the expansion of
public or public utilities facilities; elimination and changing of land uses;
realignment of streets; the ability of the CDC and/or owners and business tenants
to finance acquisition and development activities in accordance with this Plan;
and whether the proposed activities conform to and further the goals and
objectives of this Plan.
2. (607) Reentry Preferences for Persons Engaged in Business in the Project Area
The CDC shall extend reasonable preferences to persons who are engaged in
business in the Project Area to relocate and reenter in business in the redeveloped
area, if they otherwise meet the requirements prescribed by this Plan and the
CDC's rules governing owner participation and re-entry.
3. (608) Owner Participation Agreements
Under an Owner Participation Agreement, the participant shall agree to
rehabilitate, develop, or use the property in conformance with this Plan and he
subject to the provisions hereof. In the Owner Participation Agreement,
participants who retain real property shall be required to join in the recordation of
such documents as are necessary to make the provisions of this Plan applicable to
their properties.
In the event a participant breaches the terms of an Owner Participation
Agreement, the CDC may declare the Agreement terminated and may acquire the
real property or any interest therein, and may sell or lease such real property or
interest therein for rehabilitation or development in accordance with this Plan. If
conflicts develop between the desires of participants for particular sites or land
uses, the CDC is authorized to establish reasonable priorities and preferences
among the owners and tenants.
Where the CDC determines that a proposal for participation is not feasible, is not
in the best interests of the CDC or City, or that redevelopment can best he
accomplished without affording a participant an opportunity to execute an Owner
Participation Agreement, the CDC shall not be required to execute such an
agreement.
D. (609) Implementing Rules
The provisions of Sections 605-608 of this Plan shall be implemented according to the
rules adopted by the CDC prior to the approval of the ordinance amending this Plan,
which may be amended from time to time by the CDC. Such niles allow for Owner
Participation Agreements with the CDC.
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9 Adopted 7/1S/95
E. (610) Cooperation with Public Bodies
Certain public bodies are authorized by State law to aid and cooperate, with or without
consideration, in the planning and implementation of activities authorized by this Plan.
The CDC shall seek the aid and cooperation of such public bodies and shall attempt to
coordinate the implementation of this Plan with the activities of such public bodies in
order to accomplish the purposes of redevelopment and to achieve the highest public
good.
Property of a public body shall not be acquired without its consent. The CDC shall seek
the cooperation of all public bodies which own or intend to acquire property in the Project
Area. Any public body which owns or leases property in the Project Area will he
afforded all the privileges of owner and business tenant participation if such public body
is willing to enter into an Owner Participation Agreement with the CDC. All plans for
development of property in the Project Area by a public body shall be subject to CDC
approval.
The CDC may impose on all public bodies thc planning and design controls contained in
and authorized by this Plan to ensure that present uses and any future development by
public bodies will conform to the requirements of this Plan. The CDC is authorized, to
the extent permissible by law, to financially (and otherwise) assist public bodies in the
cost of public Iand, buildings, facilities, structures or other improvements (within or
outside the Project Area) where such land, buildings, facilities, structures, or other
improvements are of benefit to the Project Arca.
F. (611) Property Management
During such time as property, if any, in the Project Area is owned by the CDC, such
property shall be under the management and control of the CDC. Such properties may be
rented or leased by the CDC pending their disposition.
G. (612) Payments to Taxing Agencies
The CDC may pay, but is not required to pay, in any year during which it owns property
in the Project Area directly to any City, County or district, including, but not limited to, a
school district, or other public corporation for whose benefit a tax would have been levied
upon such property had it not been tax exempt, an amount of money in lieu of taxes.
The CDC may also pay to any taxing agency with territory located within the Project
Area, other than the City, any amounts of money which the CDC has found are necessary
and appropriate to alleviate financial burden or detriment caused by the Project pursuant
to an agreement executed prior to January 1, 1994. The payments to a taxing agency
pursuant to such an agreement in any single year shall not exceed the amount of property
tax revenues which would have been received by that taxing agency if all the property tax
revenues from thc Project Area had been allocated to all the affected taxing agencies
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10
Adopted 7/18/95
without regard to the division of taxes required by Section 33670 of the Redevelopment
Law, except that a greater payment has been established by agreement between the CDC
and one or more taxing agencies, except a school district, if the other taxing agencies
agreed to defer payments for one or more years in order to accomplish the purposes of the
Project at an earlier time than would otherwise be the case. The amount of any greater
payments shall not exceed the amount of payment deferred. The payments shall have
been approved by a resolution, adopted by the CDC, contained findings, supported by
substantial evidence, that the Project will cause or has caused a financial burden or
detriment to the taxing agency and that the payments are necessary to alleviate the
financial burden or detriment.
In the event that such an agreement described in the above paragraph does not exist
between the CDC and an affected taxing agency, the CDC shall remit payments to any
such taxing agency in a manner consistent with Section 33607.7 of the Redevelopment
Law.
II. (613) Relocation of Persons Displaced by a Project
1. (614) Relocation Program
In accordance with the provisions of the California Relocation Assistance Law
(Government Code Section 7260, et seq.), the guidelines adopted and
promulgated by the California Department of Housing and Community
Development (the "Relocation Guidelines") and the Method of Relocation
adopted by the CDC, the CDC shall provide relocation benefits and assistance to
all persons (including families, business concerns and others) displaced by CDC
acquisition of property in the Project Area or as otherwise required by law. Such
relocation assistance shall be provided in the manner required by the Method of
Relocation. In order to carry out a redevelopment project with a minimum of
hardship, the CDC will assist displaced households in finding decent, safe and
sanitary housing within their financial means and otherwise suitable to their
needs. The CDC shall make a reasonable effort to relocate displaced individuals,
families, and commercial and professional establishments within the Project Area.
The CDC is also authorized to provide relocation for displaced persons outside
the Project Area. •
2. (615) Relocation Benefits and Assistance
The CDC shall provide all relocation benefits required by law and in conformance
with the Method of Relocation, Relocation Guidelines, Relocation Assistance Act,
the Redevelopment Law, and any other applicable rules and regulations.
I. (616) Demolition, Clearance, Public Improvements, Site Preparation and Removal
of Hazardous Waste
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1. (617) Demolition and Clearance
The CDC is authorized, for property acquired by the CDC or pursuant to an
agreement with the owner of property, to demolish, clear or move buildings,
structures, or other improvements from any real property as necessary to carry out
the purposes of this Plan.
2. (618) Public improvements
To the extent permitted by law, the CDC is authorized to install and construct or
to cause to be installed and constructed the public improvements and public
utilities (within or outside the Project Area) necessary to carry out the purposes of
this Plan. Such public improvements include, but arc not limited to: over or
underpasses; bridges; streets; curbs; gutters; sidewalks; street lights; sewers; storm
drains; traffic signals; electrical distribution systems' natural gas distribution
systems; cable TV and fiber optic communication systems; water distribution
systems; parks; plazas; playgrounds; motor vehicle parking facilities; landscaped
areas; schools; civic; cultural; and recreational facilities; and pedestrian
improvements. A list of proposed public facilities and infrastructure improvement
projects is set forth in Exhibit C and incorporated herein by reference.
The CDC, as it deems necessary to carry out the Plan and subject to the consent of
the City Council, may pay all or part of the value of the land for and the cost of
the installation and construction of any building, facility, structure or other
improvement which is publicly owned either within or outside the Project Area,
upon both the CDC Board and the City Council making the applicable
determinations required pursuant to the Redevelopment Law.
When the value of such land or the cost of the installation and constniction of
such building, facility, structure or other improvement, or both, has been, or will
be, paid or provided for initially by the City or other public corporation, the CDC
may enter into a contract with the City or other public corporation under which it
agrees to reimburse the City or other public corporation for all or part of the value
of such land or all or part of the cost of such building, facility, structure or other
improvements, or both, by periodic payments over a period of years. Any
obligation of the CDC under such contract shall constitute an indebtedness of the
CDC for the purposes of carrying out this Plan.
3. (619) Preparation of Building Sites
The CDC may develop as a building site any real property owned or acquired by
it. In connection with such development it may cause, provide, or undertake or
make provisions with other agencies for the installation, or construction of streets,
utilities, parks, playgrounds and other public improvements necessary for carrying
out in the Project Area this Plan.
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Adopted 7/18/95
4. (620) Removal of Hazardous Waste
To the extent legally allowable, the CDC may take any actions which the CDC
determines are necessary and which are consistent with other State and federal
laws, to remedy or remove a release of hazardous substances on, under, or from
property within the Project Arca.
J. (621) Rehabilitation, Moving of Structures by the CDC and Seismic Repairs
1. (622) Rehabilitation and Conservation
The CDC is authorized to rehabilitate and conserve, or to cause to be rehabilitated
and conserved, any property, building or structure in the Project Area owned by
the CDC. The CDC is also authorized to advise, encourage, and assist (through a
loan program or otherwise) in the rehabilitation and conservation of property,
buildings or structures in the Project Area not owned by the CDC to the extent
permitted by the Redevelopment Law as it exists now or may he hereafter
amended. The CDC is authorized to acquire, restore, rehabilitate, move and
conserve buildings of historic or architectural significance.
It shall be the purpose of this Plan to allow for the retention of as many existing
businesses as practicable and to enhance the economic life of these businesses by
a program of voluntary participation in their conservation and rehabilitation. The
CDC is authorized to conduct a program of assistance and enforcement to
encourage owners of property within the Project Area to upgrade and maintain
their property consistent with this Plan and such standards as may be developed
for the Project Area.
The extent of rehabilitation in the Project Area shall be subject to the discretion of
the CDC based upon such objective factors as:
a. Compatibility of rehabilitation with land uses as provided
for in this Plan.
b. Economic feasibility of proposed rehabilitation and
conservation activity.
c. Structural feasibility of proposed rehabilitation and
conservational activity.
d. The undertaking of rehabilitation and conservation
activities in an expeditious manner and in conformance
with the requirements of this Plan and such property
rehabilitation standards as may be adopted by the CDC.
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13
Adopted 7/I8/95
e. The need for expansionof public improvements, facilities
and utilities.
f. The assembly and development of properties in accordance
with this Plan.
The CDC may adopt property rehabilitation standards for the rehabilitation of
properties in the Project Arca.
2. (623) Moving of Structures
As necessary in carrying out this Plan, the CDC is authorized to move, or to cause
to be moved, any building structures or other improvements from any real
property acquired which can be rehabilitated to a location within or outside the
Project Area.
3. (624) Seismic Repairs
For any project undertaken by the CDC within the Project Arca for building
rehabilitation or alteration in construction, the CDC may, by following all
applicable procedures which arc consistent with local, State, and federal law, take
those actions which the CDC determines are necessary to provide for seismic
retrofits.
K. (625) Property Disposition and Development
l . (626) Real Property Disposition and Development
a. (627) General
For the purposes of this Plan, the CDC is authorized to sell, lease,
exchange, subdivide, transfer, assign, pledge, encumber by mortgage or
deed of trust, or otherwise dispose of any interest in real property. To the
extent permitted by law, the CDC is authorized to dispose of real property
by negotiated lease or sale without public bidding. Except as otherwise
permitted by law, before any interest in property of the CDC acquired in
whole or in part, directly or indirectly, with tax increment moneys is sold
or leased for development pursuant to this Plan, such sale or lease shall be
first approved by the City Council after public hearing.
Except as otherwise permitted by law, no real or personal property owned
by the CDC, or any interest therein, shall be sold or leased to a private
person or private entity for an amountless than its fair market value, or the
fair reuse value at the use and with the covenants, conditions and
development costs authorized by the sale or lease.
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Adopted 7/15/95
The real property acquired by the CDC in the Project Area, except
property conveyed to it by the City, shall be sold or leased to public or
private persons or entities for improvement and use of the property in
conformance with this Plan. Real property may be conveyed by the CDC
to thc City, and where beneficial to the Project Area, to any other public
body without charge or for an amount less than fair market value.
All purchasers or lessees of property from the CDC shall be obligated to
use the property for the purposes designated in this Plan, to begin and
complete improvement of such property within a period of time which the
CDC fixes as reasonable, and to comply with other conditions which the
CDC deems necessary to carry out the purposes of this Plan.
During the period of redevelopment in the Project Area, the CDC shall
ensure that all provisions of this Plan, and other documents formulated
pursuant to this Plan, arc being observed, and that development of the
Project Area is proceeding in accordance with applicable development
documents and time schedules.
All development, whether public or private, must conform to this Plan and
all applicable federal, State, and local laws, including without limitation
the City's planning and zoning ordinances, building, environmental and
other land use development standards. Such development must receive thc
approval of all appropriate public agencies.
h. (628) Purchase and Development Documents
To provide adequate safeguards to ensure that the provisions of this Plan
will be carried out and to prevent the recurrence of blight, all real property
sold, leased, or conveyed by the CDC, as well as all property subject to
Owner Participation Agreements, shall be made subject to the provisions
of this Plan by leases, deeds, contracts, agreements, declarations of
restrictions, provisions of the planning and zoning ordinances of the City,
conditional use permits, or other means. Where appropriate, as
determined by the CDC, such documents or portions thereof shall be
recorded in the office of the Recorder of the County.
Leases, deeds, contracts, agreements, and declarations of restrictions of the
CDC may contain restrictions, covenants, covenants running with the land,
rights of reverter, conditions subsequent, equitable servitudes, or any other
provisions necessary to carry out this Plan.
The CDC shall reserve such powers and controls in Disposition and
Development Agreements or similar agreements as may he necessary to
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Adopted 7/18/95
prevent transfer, retention, or use of property for speculative purposes and
to ensure that redevelopment is carried out pursuant to this Plan.
The CDC shall obligate lessees and purchasers of real property acquired in
redevelopment projects and owners of property improved as part of a
redevelopment project to refrain from discrimination or segregation based
upon race, color, creed, religion, national origin, ancestry, sex, or marital
status in the sale, lease, sublease, transfer, use occupancy, tenure or
enjoyment of property in the Project Area. All property sold, Leased,
conveyed, or subject to Disposition and Development Agreements shall be
expressly subject by appropriate documents to the restriction that all deeds,
leases, or contracts for the sale, lease, sublease or other transfer of land in
the Project Area shall contain such nondiscrimination and non -segregation
clauses as are required by law.
2. (629) Personal Property Disposition
For the purposes of this Plan, the CDC is authorized to sell, lease, exchange,
subdivide, transfer, assign, pledge, encumber, or otherwise dispose of personal
property.
L. (630) Provision for Low and Moderate income Housing
1. (631) Definition of Terms
The terms "affordable housing cost", "replacement dwelling unit", "persons and
families of low or moderate income", "substantially rehabilitated dwelling units"
and "very low income households" as used herein shall have the meanings as
defined by the Redevelopment Law and other State and local laws and regulations
pertaining thereto.
2. (632) Authority Generally
The CDC may, inside or outside the Project Area: acquire real property, buildings
sites, buildings or structures, donate real property, improve real property or
building sites, construct or rehabilitate buildings or structures, and take any other
such actions as may be permitted by the Redevelopment Law, in order to provide
housing for persons and families of low or moderate income.
3. (633) Replacement Housing
Except as otherwise permitted by law, whenever dwelling units housing persons
and families of low or moderate income are destroyed or removed from the low
and moderate income housing market as part of a redevelopment project, the CDC
shall, within four years of such destruction or removal, rehabilitate, develop or
construct, or cause to be rehabilitated, developed or constructed, for rental or sale
c:\M:wnots and scningt4YlnvrcJocal senmg.4cvyorary interact fikAnIkfer tp mdMc
16
Adopted 7/18/95
to persons and families of low or moderate income, an equal number of
replacement dwelling units which have an equal or greater number of bedrooms as
those destroyed or removed units at affordable housing costs within the territorial
jurisdiction of the CDC. Except as otherwise permitted by law, seventy-five
percent (75%) of the replacement dwelling units shall replace dwelling units
available at affordable housing costs in the same income level of very low income
households, lower income households, and persons and families of low and
moderate income as the persons displaced from those units destroyed. The CDC
may replace destroyed or removed dwelling units housing persons and families of
low or moderate income with a fewer number of replacement dwelling units if the
replacement dwelling units have a greater or equal number of bedrooms and are
affordable to the same income level of households as the destroyed or removed
units to the extent permissible by law as it now exists or may hereafter he
amended.
4. (634) New or Rehabilitated Dwelling Units Developed Within the Project
Area
Except as otherwise permitted by law, at least thirty percent (30%) of all new and
substantially rehabilitated dwelling units developed by the CDC shall be available
at affordable housing cost to persons and families of low or moderate income and
of such thirty percent (30%), not less than fifty percent (50%) shall be available to
and occupied by very low income households. At least fifteen percent (15%) of
all new and substantially rehabilitated dwelling units developed within the Project
Area by public or private entities or persons other than the CDC shall be available
at affordable housing cost to persons and families of low or moderate income and
of such fifteen percent (15%), not less than forty percent (40%) shall be available
at affordable housing cost to very low income households. The percentage
requirements set forth in this Section 634 shall apply independently of the
requirements of Section 633 of this Plan and in the aggregate to the supply of
housing to be made available pursuant to this Section 634 and not to each
individual case of rehabilitation, development or construction of dwelling units.
Pursuant to Section 33413(b)(4) of the Redevelopment Law, the CDC shall
prepare and adopt a plan to comply with the requirements set forth above, for the
Project Area. The plan shall be consistent with, and may be included within the
Housing Element of the City's General Plan. The plan shall be reviewed and, if
necessary, amended at least every five (5) years in conjunction with the housing
element cycle. The plan shall ensure that the requirements of this section are met
every ten (10) years.
Except as otherwise permitted by law, the CDC shall require, by contract or other
appropriate means, that whenever any low and moderate income housing units are
developed within the Project Area, such units shall be made available on a priority
basis for rent or purchase, whichever the case may be, to persons and families of
low or moderate income displaced by the Project; provided, however, that failure
Wtx:unnruts and tcttsopVIdavic\Axat xuut6s4cuprtxary mtcrtr t tiles \ 17
Adopted 7/18195
to give such priority shall not affect the validity of title to the real property upon
which such housing units have been developed.
5. (635) Duration of Dwelling Unit Availability
The CDC shall require the aggregate number of dwelling units rehabilitated,
developed or constructed pursuant to Sections 633 and 634 of this Plan to remain
available at affordable housing cost to very low income, low income, and
moderate income households for the longest feasible time, as determined by the
CDC, but for not less than the period of the residential land use controls
established in Section 1100 of this Plan.
6. (636) Relocation Housing
If insufficient suitable housing units are available in the City for use by persons
and families of low and moderate income displaced by a Project, the CDC may, t.o
the extent of that deficiency, direct or cause the development, rehabilitation or
construction of housing units within the City, both inside and outside the Project
Area.
7. (637) Increased and Improved Supply
Except as otherwise permitted by law, not less than twenty percent (20%) of all
taxes which are allocated to the CDC pursuant to subdivision (b) of Section 33670
of the Redevelopment Law and Section 602(2) and (3) of this Plan shall be used
by the CDC for the purposes of increasing, improving and preserving the City's
supply of low and moderate income housing available at affordable housing cost
as defined by Section 50052.5 of the California Health and Safety Code, to
persons and families of low or moderate income, as defined in Section 50093 of
the California Health and Safety Code, and very low income households, as
defined in Section 50105 of the California Health and Safety Code, unless one or
more applicable findings are made pursuant to the Redevelopment Law.
The funds for this purpose shall be held in a separate Low and Moderate Income
Housing Fund until used. Any interest tamed by such Low and Moderate Income
Housing Fund shall accrue to the Fund.
In implementing Section 637 of this Plan, the CDC may exercise any or all of its
powers including, but not limited to, the following:
1. Acquire real property or building sites.
2. hnprove real property or building sites with on -site or off -site
improvements, but only if either (a) the improvements are made as
part of a program which results in the new construction or
c Wu vsmuc and vn'vgsWdav-uUxal seuisg<Vene+mvy 1.1.1130 fdu4oIk(eVdpinn dne 18
Adopted 7/ 18/95
rehabilitation of affordable housing units for low- or moderate -
income persons that arc directly benefited by the improvements, or
(b) the CDC finds that the improvements are necessary to eliminate
a specific condition that jeopardizes the health or safety of existing
low- or moderate -income residents.
3. Donate real property to private or public persons or entities.
4. Finance insurance premiums.
5. Construct buildings or structures.
6. Acquire buildings or structures.
7. Rehabilitate buildings or structures.
8. Provide subsidies to, or for the benefit of, very low income
households, as defined by Section 50105 of the California Health
and Safety Code, lower income households, as defined by Section
50079.5 of the California Health and Safety Code, or persons and
families of low or moderate income, as defined by Section 50093
of the California Health and Safety Code, to the extent those
households cannot obtain housing at affordable costs on the open
market. Housing units available on the open market are those units
developed without direct government subsidies.
9. Develop plans, pay principal and interest on bonds, loans,
advances, or other indebtedness or pay financing or carrying
charges.
10. Maintain the community's supply of mobile homes.
11. Preserve the availability to lower income households of affordable
housing units in housing developments which are assisted or
subsidized by public entities and which are threatened with
imminent conversion to market rates.
The CDC may use these funds to meet, in whole or in part, the replacement housing
provisions in Section 633 of this Plan. These funds may be used inside or outside the
Project Area; however, these funds may be used outside the Project Area only if findings
of benefit to the Project Area are made pursuant to the Redevelopment Law.
8. (638) Duration of Affordability
r4knwrru.s and vt iinps,ddavi Vk+l xtttnpsVanryworary unn uct IdcsNhlrWpl o Jam. 19
Adopletl 7118/95
Except as provided in Section 33334.3 of the Redevelopment Law, all new or
substantially rehabilitated housing units developed or otherwise assisted with moneys
from the Low and Moderate Income Housing Fund pursuant to an agreement approved by
the CDC shall he required to remain available at affordable housing cost to persons and
families of low or moderate income and very low income households for the longest
feasible time, but for not less than the following periods of time:
a. Fifteen years for rental units. However, the CDC may replace rental units
with equally affordable and comparable rental units in another location
within the City if (i) the replacement units are available for occupancy prior
to the displacement of any persons and families of low or moderate income
residing in the units to be replaced and (ii) the comparable replacement units
are not developed with moneys from the Low and Moderate Income
Housing Fund.
b. Ten years for owner -occupied units. However, the CDC may permit sales
of owner -occupied units prior to the expiration of the 10-year. period for a
price in excess of that otherwise permitted under this subdivision pursuant
to an adopted program which protects the CDC's investment of moneys
from the Low and Moderate Income Housing Fund.
SECTION VII. (700) USES PERMITTED IN THE PROJECT AREA
A. (701) Map and Uses Permitted
The Map attached hereto as Exhibit A and incorporated herein illustrates the location of
the Project Area boundaries, the immediately adjacent streets, and existing public
rights -of -way and public easements. The land uses permitted by this Plan shall be those
permitted by the General Plan, City zoning ordinances and the local Coastal Plan as they
now exist or may hereafter be amended.
B. (702) Major Land Use Designations (as now provided in the General Plan)
The following land use categories are presently permitted by the General Plan:
RESIDENTIAL
Single -Family Large Lot (RS-1)
Single -Family Small Lot (RS-2)
Single -Family Extendible (RS-3)
Two Family (RT)
Multifamily Extendible (RM-1)
Multifamily Limited (RM-2)
Senior Citizen Housing (RM-3)
COMMERCIAL
c:K.eurneuta arvJ inEssdL,vissliral settuvAwm ovary N:ernel fik',Mlk&WplauJur 20
Adopted 7/18/95
2?
General Commercial (CG)
Medium Commercial (CM)
Limited Commercial (CL)
Tourist Commercial (CT)
Automotive Commercial (CA)
Heavy Commercial (CH)
INDUSTRIAL
Light Manufacturing (ML)
Medium Manufacturing (MM)
Ileavy Manufacturing (MH)
Tidelands Manufacturing (MT)
INSTITUTIONAL
Civic Institutional (IL)
Private Institutional (IP)
OPEN SPACE
C. (703) Transportation Center
This use district encompasses all of the Commercial Zones (CA, CM, and CII) along
National City Boulevard, south of 18th Street to 33rd Street, and is designed primarily to
furnish areas for new and used automobile and truck sales and services. The objective is
toprovide for a complete sales and service unit for each dealership on eentigt>ou land
within the Transportation Center district. In all agreements entered into by the CDC,
independent used car sales, services, or repairs will not be permitted unless such activity
is an integral part of a new vehicle dealership. Permitted uses in the transportation center
use district include:
• New automobile and truck sales, leasing, and rentals.
• Used auto and truck sales when part of a new vehicle dealership and located on
eoritigtiouti land within the Transportation Center district.
• Service and repair of trucks and automobiles when provided by new vehicle dealer on
eentigueus-adjacent property.
• Sale of vehicle parts and accessories when provided by new vehicle dealership on
contiguous -adjacent property.
• Sale or rental of campers, camper trailers, vacation trailers, self-propelled mobile
homes, boats, and other sporting and pleasure equipment which is substantial in size.
This activity must be incidental to the principal activity of the automobile and/or truck
dealership.
rYlocuneot, and scltmgsvkin is'Incal :ettiugs\cny.nxy wets i fiks\cIktcYdviau.dre
1 Adopted 7/ i 8/95
• Other related uses, with the review and recommendation of the Planning Commission,
which are consistent with the objectives of this Plan.
D. (704) Public Uses
1. (705) Public Street Layout, Rights -of -Way and Easements
The public street system for the Project Area is illustrated on the Project Area
Map identified as Exhibit A. The street system in the Project Area shall be
developed in accordance with the Circulation Element of the General Plan.
Interstates 5 and 805 connect the Project Area to the greater metropolitan region.
Primary streets in the Project Area include: Tidelands Avenue, Harrison Avenue,
National City Boulevard, Highland Avenue, 8th Street, Civic Center Drive, and
24th Street.
Certain streets and rights -of -way may be widened, altered, abandoned, vacated, or
closed by the City as necessary for proper development of the Project Area.
Additional easements may be created by the CDC and City in the Project Area as
needed for proper development and circulation.
The public rights -of -way shall be used for vehicular, bicycle and/or pedestrian
traffic as well as for public improvements, public and private utilities, and
activities typically found in public rights -of -way. In addition, all necessary
easements for public uses, public facilities, and public utilities may he retained or
created.
2. (706) Other Public and Open Space Uses
Both within and, where appropriate, outside of the Project Area, the CDC may
take actions to establish, or enlarge public, institutional, or non-profit uses,
including, but not limited to, schools, community centers, auditorium and civic
center facilities, criminal justice facilities, park and recreational facilities, parking
facilities, transit facilities, libraries, hospitals, educational, fraternal, philanthropic
and charitable institutions or other similar associations or organizations. All such
uses shall be deemed to conform to the provisions of this Plan provided that such
uses conform with all other applicable laws and ordinances and that such uses are
approved by the City. The CDC may impose such other reasonable restrictions as
are necessary to protect development and uses in the Project Area.
E. (707) Conforming Properties
The CDC may, in its sole and absolute discretion, determine that certain real properties
within the Project Area meet the requirements of this Plan, and the owners of such
properties may be permitted to remain as owners of conforming properties without an
Owner Participation Agreement with the CDC, provided such owners continue to operate,
Odocu ttents rand srttinQSWN"i•Vucal setnnts\trnvontry iutrrnrt IilcsWtF.Gc\tilrlamdac 22
Adopted 7/18/95
use, and maintain the real properties within the requirements of this Plan. An owner of a
conforming property may be required by the CDC to enter into an Owner Participation
Agreement with the CDC in the event that such owner desires to (1) as provided in the
land use code, construct any additional improvements or substantially alter or modify
existing structures on any of the real property described above as conforming; or (2)
acquire additional property within the Project Area.
F. (708) Nonconforming Uses
The CDC is authorized but not required to permit an existing use to remain in an existing
building in good condition if the use does not conform to the provisions of this Plan,
provided that such use is generally compatible with existing and proposed developments
and uses in the Project Area.
The CDC may take actions to, but is not required to, authorize additions, alterations,
repairs or other improvements in the Project Area for buildings which do not conform to
the provisions of this Plan where, in the determination of the CDC, such improvements
would he compatible with surrounding Project Area uses and proposed development.
G. (709) Interim Uses
Pending the ultimate development of land by developers and participants, the CDC is
authorized to use or permit the use of any land in the Project Area for interim uses not in
conformity with the uses permitted in this Plan. Such interim use, however, shall
conform to all applicable City codes.
II. (710) General Controls and (..imitations
All real property in the Project Area is hereby made subject to the controls and
requirements of this Plan. No real property shall be developed, redeveloped,
rehabilitated, or otherwise changed after the date of the adoption of this Plan except in
conformance with the goals and provisions of this Plan and all applicable City codes and
ordinances. The land use controls of this Plan shall apply for the periods set forth in
Section 1100 below. The type, size, height, number and use of buildings within the
Project Area will be controlled by the applicable City planning and zoning ordinances as
they now exist or may hereafter be amended from time to time.
1. (711) New Construction
All construction in the Project Area shall comply with all applicable State and
local laws in effect from time to time. In addition to applicable City codes,
ordinances, or other requirements governing development in the Project Area,
additional specific performance and development standards may be adopted by the
CDC to control and direct improvement activities in the Project Area.
04ot...ruts sal s•ttinp,ildavisloi.1 bcI I mg Alempotart IIIIernei f1)L>'iulAberdp4au rtl`c 23
Adopted 7/18/95
2. (712) Rehabilitation
Any existing structure within the Project Area which the CDC enters into an
agreement for retention and rehabilitation shall be repaired, altered, reconstructed,
or rehabilitated in such a manner that it will meet the following requirements: be
safe and sound in all physical respects, be attractive in appearance and not
detrimental to the surrounding uses.
3. (713) Number of Dwelling Units
The total number of dwelling units in the Project Area shall be regulated by the
General Plan. As of the date of adoption of the Plan, there are 10,107 dwelling
units, not including mobile home units, in the Project Area.
4. (714) Open Space and Landscaping
'I'he approximate amount of open space to be provided in the Project Area is the
total of all areas so designated in the Land Use Element of the General Plan and
those areas in the public rights -of -way or provided through site coverage
limitations on new development as established by the City and this Plan.
Landscaping shall be developed in the Project Area to ensure optimum use of
living plant material in conformance with the standards of the City.
5. (715) Limitations on Type, Size and Height of Buildings
The limits on building intensity, type, size and height, shall be established in
accordance with the provisions of the General Plan and the zoning ordinances, as
they now exist or are hereafter amended.
6. (716) Signs
All signs shall conform to the City's requirements. Design of all proposed new
signs shall be submitted prior to installation to the appropriate governing bodies
of the City and/or the CDC for review and approval pursuant to the Municipal
Code of the City and procedures permitted by this Plan.
7. (717) Utilities
The CDC, in conformity with municipal code and City policy, shall require that
all utilities he placed underground whenever physically possible and economically
feasible on projects funded in whole or in part by the CDC or subject to a
Disposition and Development Agreement or an Owner Participation Agreement.
8. (718) Subdivision of Parcels
cAdoc .mun and xllvy s da•isVxal scn iubs4nq,orary ntemet fikslrfk&cYdpinn. dnc 24
Adopted 7/18/95
No parcels in the Project Area, including any parcel retained by a participant, shall
be consolidated, subdivided or re -subdivided without the approval of the City.
9. (719) Variations
The CDC is authorized to permit variations from the limits, restrictions and
controls established by this Plan. In order to permit any such variation, the CDC
must determine all of the following:
a. Any variation must to be considered must first be consistent with the
Land Ilse Code, Title 18.
b. The application of certain provisions of this Plan would result in
practical difficulties or unnecessary hardships inconsistent with the
general purposes and intent of this Plan.
c. There are exceptional circumstances or conditions applicable to the
property or to the intended development of the property which do
not apply generally to other properties having the same standards,
restrictions, and controls.
d. Permitting a variation will not he materially detrimental to the public
welfare or injurious to property or improvements in the area.
e. Permitting a variation will not be contrary to the objectives of this
Plan.
No such variation shall be granted which permits other than a minor departure
from the provisions of this Plan. In permitting any such variation, the CDC shall
impose such conditions as are necessary to protect the public health, safety, or
welfare, and to assure compliance with the purposes of this Plan.
I. (720) Design for Development
Within the limits, restrictions, and controls established in this Plan, and subject to the
provisions of Sections 701 and 710 herein, the CDC is authorized to establish heights of
buildings, land coverage, setback requirements, design criteria, traffic circulation, traffic
access, and other development and design controls necessary for proper development of
both private and public areas within the Project Area.
No new improvement shall he constructed, and no existing improvement shall be
substantially modified, altered, repaired, or rehabilitated except in accordance with this
Plan and any such controls approved by the CDC. In the case of property which is the
subject of a Disposition and Development Agreement or an Owner Participation
Agreement with the CI)C, such property shall be developed in accordance with the
provisions of such Agreement. One of the objectives of this Plan is to create an attractive
e.4focumrds sue scttinga4klnsist.knal ;atmga4enS.uaa, Interne, filrsblkOerdirlaa.Jct
25
Adopted-7/113/95
and pleasant environment in the Project Area. Therefore, such plans shall give
consideration to good design, open space and other amenities to enhance the aesthetic
quality of the Project Area. The CDC shall not approve any plans that do not comply
with this Plan except as permitted by Section 719 of this Plan.
J. (721) Buildinm Permits
Any building permit that is issued for thc rehabilitation or construction of any new
building or any addition, construction, moving, conversion or alteration to an existing
building in the Project Area from the date of adoption of this Plan must be in
conformance with the provisions of this Plan, any design for development adopted by the
CDC, any restrictions or controls established by resolution of the CDC, and any
applicable participation or other agreements.
The CDC is authorized to establish permit procedures and approvals required for
purposes of this Plan. A building permit shall be issued only after the applicant for same
has been granted all approvals required by the City and the CDC at the time of
application.
SECTION VIII. (800) METHODS FOR FINANCING TIIE PROJECT
A. (801) General Description of the Proposed Financing Methods
Upon adoption of this Plan by the City Council, the CDC is authorized to finance
implementation of this Plan with assistance from local sources, thc State and/or the
federal government, property tax increment, interest income, CDC bonds, donations,
loans from private financial institutions or any other legally available source.
The CDC is also authorized to obtain advances, borrow funds, issue bonds or other
obligations, and create indebtedness in carrying out this Plan. The principal and interest
on such indebtedness may be paid from tax increment revenue or any other funds
available to the CDC. Advances and loans for survey and planning and for the operating
capital for administration of this Plan may be provided by the City until adequate tax
increment revenue or other funds are available to repay the advances and loans. The City
or other public agency, as it is able, may also supply additional assistance through
issuance of bonds, loans and grants and in -kind assistance. Any assistance shall be
subject to terms established by an agreement between the CDC, City and/or other public
agency providing such assistance.
As available, gas tax funds from the State and sales tax funds from the County may be
used for the street system.
The (.'DC may issue bonds or other obligations and expend their proceeds to carry out this
Plan. The CDC is authorized to issue bonds or other obligations as appropriate and
feasible in an amount sufficient to finance all or any part of Plan implementation
c:Wecvnetws nM sr ltmp0441AvIsWxal sett ing Atcrtgxvary mtetnei Ides'ol[4cVdpI i 26
Adopted 7/1ft/95
activities. The CDC shall pay the principal and interest on bonds or other obligations of
the CDC as they become due and payable.
B. (802) Tax Increment Revenue
All taxes levied upon taxable property within the Project Area each year by or for the
benefit of the State, County, City or other public corporation (hereinafter called "Taxing
Agency" or "Taxing Agencies") after the effective date of the ordinance, shall be divided
as follows:
1. That portion of the taxes which would be produced by the rate upon which
the tax is levied each year by or for each of said Taxing Agencies upon the
total sum of the assessed value of the taxable property in the Project Area
as shown upon the assessment roll used in connection with the taxation of
such property by such Taxing Agency, last equalized prior to the effective
date of the Ordinance, shall be allocated to and when collected shall be
paid to the respective Taxing Agencies as taxes by or for said Taxing
Agencies on all other property are paid (for the purpose of allocating taxes
levied by or for any Taxing Agency or Agencies which did not include the
territory in the Project Area on the effective date of the Ordinance but to
which such territory has been annexed or otherwise included after such
effective date, the assessment roll of the County last equalized on the
effective date of the Ordinance shall be used in determining the assessed
valuation of the taxable property in the Project Area on said effective
date).
2. That portion of said levied taxes each year in excess of such amount shall
be allocated to, and when collected shall be paid into, a special fund of the
CDC to pay the principal of and interest on loans, monies advanced to, or
indebtedness (whether funded, refunded, assumed, or otherwisc) incurred
by the CDC to finance or refinance in whole or in part, the Project and this
Plan. Unless and until the total assessed valuation of the taxable property
in the Project Area exceeds the total assessed value of the taxable property
in the Project Area as shown by the last equalized assessment roll referred
to in paragraph (1.) hereof, all of the taxes levied and collected upon the
taxable property in the Project Area shall be paid to the respective 'Taxing
Agencies. When said loans, advances, and indebtedness, if any, and
interest thereon, have been paid, all monies thereafter received from taxes
upon the taxable property in the Project Area shall be paid to the
respective Taxing Agencies as taxes on all other property are paid.
3. That portion of the taxes in excess of the amount identified in paragraph
(1.) above which is attributable to a tax rate levied by a Taxing Agency for
the purpose of producing revenues in an amount sufficient to make annual
repayments of the principal of and interest on any bonded indebtedness for
c'4ixcmtrnt and settnpNidavisNocal scttngsVcmwr.uy wttauct ldca,v14c4dplastd 27 Adopted 7/18,95
the acquisition or improvement of real property shall be allocated to, and
when collected shall be paid into, the fund of that Taxing Agency. This
paragraph (3.) shall only apply to taxes levied to repay bonded
indebtedness approved by the voters on or after January 1, 1989.
4. This Plan applies to redevelopment projects adopted by the CDC from
1969 through 1985. As such, the last equalized assessment rolls used to
calculate taxes to be allocated to the Agency pursuant to Section 802,
paragraphs (1) and (2) herein, will be those in effect when the following
ordinances creating these redevelopment project areas were adopted:
• E.J. Christmanl Area adopted by Ordinance No. 1233 on November
18, 1969.
• South Bay Town and Country Area adopted by Ordinance No. 1471 on
June 24, 1975.
• Center City Area adopted by Ordinance No. 1505 on April 13, 1976.
• E.J. Christman2 Area adopted by Ordinance No. 1610 on December 13,
1977.
• Downtown Original Area adopted by Ordinance No. 1762 on December
1, 1981.
• Downtown 1985 Amendment Area adopted by Ordinance No. 1851 on
April 16, 1985.
The CDC is authorized to make pledges as to specific advances, loans and indebtedness
as appropriate in carrying out the Project. The portion of taxes allocated and paid to the
CDC pursuant to subparagraph (2.) above is irrevocably pledged to pay the principal of
and interest on loans, monies advanced to, or indebtedness (whether funded, refunded,
assumed, or otherwise) incurred by the CDC to finance or refinance, in whole or in part,
the redevelopment program for the Project Area.
The number of dollars of taxes which may be divided and allocated to the CDC pursuant
to Section 33670 of the Redevelopment Law, inclusive of payments to taxing agencies,
shall not exceed $300 million, adjusted annually in accordance with the San Diego
County Consumer Price Index for all urban consumers (CPI-U) or a comparable
inflationary index should the CPI-U cease to exist, except by amendment of this Plan.
With respect to the E.J. Christmanl Area, notwithstanding any other provision of this
Plan, and except as provided in this Section and Health and Safety code Section
33333.6(a), (c), (g), and (h), or as otherwise permitted by law, the CDC shall not pay
indebtedness with the proceeds of property taxes received pursuant to Heath and Safety
Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section
33670 after November 18, 2019. These limitations shall not be applied to limit the
allocation of taxes to the CDC to the extent required to eliminate project deficits created
under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the
plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent
c^.kxwrrnrs and ticitinEtUlavie.local satin <trrnpnrary nurnrrt fik'.inik6AntpIm <Inc 28
Adapted 7/15/95
31
required to implement a replacement housing program pursuant to Health and Safety
Code Section 33413. In addition, these limitations shall not affect the validity of any
bond, indebtedness, or other obligation, including any mitigation agreement entered into
pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the
CDC pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the
CDC to receive property taxes, pursuant to Ilealth and Safety Code Section 33670 to pay
the bonds, indebtedness, or other obligation.
With respect to the South Bay Town and Country Area, notwithstanding any other
provision of this Plan, and except as provided in this Section and IIea1th and Safety code
Section 33333.6(a), (c), (g), and (h), or as otherwise permitted by law, the CDC shall not
pay indebtedness with the proceeds of propcity taxes received pursuant to Ileath and
Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code
Section 33670 after June 24, 2025. These limitations shall not be applied to limit the
allocation of taxes to the CDC to the extent required to eliminate project deficits created
under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the
plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent
required to implement a replacement housing program pursuant to Health and Safety
Code Section 33413. In addition, these limitations shall not affect the validity of any
bond, indebtedness, or other obligation, including any mitigation agreement entered into
pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the
CDC pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the
CI)C to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay
the bonds, indebtedness, or other obligation.
With respect to the Center City Area, notwithstanding any other provision of this Plan,
and except as provided in this Section and Health and Safety code Section 33333.6(a),
(c), (g), and (h), or as otherwise permitted by law, the CDC shall not pay indebtedness
with the proceeds of property taxes received pursuant to Heath and Safety Code Section
33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after
April 13, 2026. These limitations shall not be applied to limit the allocation of taxes to
the CDC to the extent required to eliminate project deficits created under subdivision (g)
of Health and Safety Code Section 33334.6 in accordance with the plan adopted pursuant
thereto for the purpose of eliminating the deficits or to the extent required to implement a
replacement housing program pursuant to Health and Safety Code Section 33413. In
addition, these limitations shall not affect the validity of any bond, indebtedness, or other
obligation, including any mitigation agreement entered into pursuant to Health and Safety
Code Section 33401, authorized by the City Council, or the CDC pursuant to the
Redevelopment Law, prior to January 1, 1994, or the right of the CDC to receive property
taxes, pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness,
or other obligation.
With respect to the E.J. Christman2 Area, notwithstanding any other provision of this
Plan, and except as provided in this Section and Health and Safety code Section
33333.6(a), (c), (g), and (h), or as otherwise permitted by law, the CDC shall not pay
c:Nocu rents au& scutg,,13a.„Vucd sertinvsVc;ry.mary mre,ncq liks4•IkGeYAt+lm A.. 29
Adopted 711 R/U5
indebtedness with the proceeds of property taxes received pursuant to Heath and Safety
Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section
33670 after December 13, 2027. These limitations shall not be applied to limit the
allocation of taxes to the CDC to the extent required to eliminate project deficits created
under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the
plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent
required to implement a replacement housing program pursuant to Health and Safety
Code Section 33413. In addition, these limitations shall not affect the validity of any
bond, indebtedness, or other obligation, including any mitigation agreement entered into
pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the
CDC pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the
CDC to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay
the bonds, indebtedness, or other obligation.
With respect to the Downtown Original Area, notwithstanding any other provision of this
Plan, and except as provided in this Section and Health and Safety code Section
33333.6(a), (c), (g), and (h), or as otherwise permitted by law, the CDC shall not pay
indebtedness with the proceeds of property taxes received pursuant to Heath and Safety
Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section
33670 after December 1, 2031. These limitations shall not be applied to limit the
allocation of taxes to the CDC to the extent required to eliminate project deficits created
under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the
plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent
required to implement a replacement housing program pursuant to Health and Safety
Code Section 33413. In addition, these limitations shall not affect the validity of any
bond, indebtedness, or other obligation, including any mitigation agreement entered into
pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the
CDC pursuant to the Redevelopment law, prior to January 1, 1994, or the right of the
CDC to receive property taxes, pursuant to Ilea1th and Safety Code Section 33670 to pay
the bonds, indebtedness, or other obligation.
With respect to the Downtown 1985 Amendment Area, notwithstanding any other
provision of this Plan, and except as provided in this Section and Health and Safety code
Section 33333.6(a), (c), (g), and (h), or as otherwise permitted by law, the CDC shall not
pay indebtedness with the proceeds of property taxes received pursuant to Heath and
Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code
Section 33670 after April 16, 2035. These limitations shall not be applied to limit the
allocation of taxes to the CDC to the extent required to eliminate project deficits created
under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the
plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent
required to implement a replacement housing program pursuant to Health and Safety
Code Section 33413. In addition, these limitations shall not affect the validity of any
bond, indebtedness, or other obligation, including any mitigation agreement entered into
pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the
CDC pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the
c:+dnc+mrrnls and scctucgUdavisWual arllusgs tellies wry imernrt file,o6c6c tdplan.dn 30
Adopted 7/18/95
CDC to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay
the bonds, indebtedness, or other obligation.
With respect to the Added Area, notwithstanding any other provision of this Plan, and
except as provided in this Section and Health and Safety Code Section 33332(a), or as
otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of
property taxes received pursuant to Health and Safety Code Section 33670 or receive
property taxes pursuant to Ilea1th and Safety Code Section 33670 after 45 years following
approval of the ordinance adopting this Plan. These limitations shall not be applied to
limit the allocation of taxes to the CDC to the extent required to implement a replacement
housing program pursuant to Health and Safety Code Section 33413.
With respect to the L.J. Christmanl Area, notwithstanding any other provision of this
Plan, and except as provided in this Section and Health and Safety Code Section
33333.6(a), (g), and (h), or as otherwise permitted by law, no loan, advance or
indebtedness to be repaid from such allocations of taxes established or incurred by the
CDC to finance in whole or in part the Redevelopment Project shall be established or
incurred after January 1, 2004. Such loan, advance or indebtedness may be repaid over a
period of time longer than such time limit. Such time limitation may he extended only by
amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be
repaid from the Low and Moderate Income Housing Fund or establishing more dcht in
order to fulfill the CDC's housing obligations under Health and Safety Code Section
33413. to addition, this limit shall not prevent the CDC from refinancing, refunding, or
restructuring indehtedness after January 1, 2004, if the indebtedness is not increased and
the time during which the indebtedness is to be repaid does not exceed the data on which
the indehtedness would have been paid.
With respect to the South Bay Town and Country Area, notwithstanding any other
provision of this Plan, and except as provided in this Section and Health and Safety Code
Section 33333.6(a), (g), and (h), or as otherwise permitted by law, no loan, advance or
indebtedness to be repaid from such allocations of taxes established or incurred by the
CDC to finance in whole or in part the Redevelopment Project shall be established or
incurred after January 1, 2004. Such loan, advance or indebtedness may be repaid over a
period of time longer than such time limit. Such time limitation may be extended only by
amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be
repaid from the Low and Moderate Income Housing Fund or establishing more debt in
order to fulfill the CDC's housing obligations under Health and Safety Code Section
33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or
restructuring indebtedness after January 1, 2004, if the indehtedness is not increased and
the time during which the indebtedness is to be repaid does not exceed the data on which
the indebtedness would have been paid.
With respect to the Center City Area, notwithstanding any other provision of this Plan,
and except as provided in this Section and Ilealth and Safety Code Section 33333.6(a),
(g), and (h), or as otherwise permitted by law, no loan, advance or indebtedness to be
repaid from such allocations of taxes established or incurred by the CDC to finance in
c.Noxunrnt, oM setting Vkla<uUocal sc,lunpMempurny iutczuct files rnI c4Jpiwc 31
Adoplexl 7/1 R/95
whole or in part the Redevelopment Project shall be established or incurred after January
1, 2004. Such loan, advance or indebtedness may be repaid over a period of time longer
than such time limit. Such time limitation may be extended only by amendment of this
Plan. This limit shall not prevent the CDC from incurring debt to be repaid from the Low
and Moderate Income Housing Fund or establishing more debt in order to fulfill the
CDC's housing obligations under Health and Safety Code Section 33413. In addition,
this limit shall not prevent the CDC from refinancing, refunding, or restructuring
indebtedness after January 1, 2004, if the indebtedness is not increased and the time
during which the indebtedness is to be repaid does not exceed the data on which the
indebtedness would have been paid.
With respect to the E.J. Christman2 Area, notwithstanding any other provision of this
Plan, and except as provided in this Section and Health and Safety Code Section
33333.6(a), (g), and (h), or as otherwise permitted by law, no loan, advance or
indebtedness to be repaid from such allocations of taxes established or incurred by the
CDC to finance in whole or in part the Redevelopment Project shall be established or
incurred after January 1, 2004. Such loan, advance or indebtedness may be repaid over a
period of time longer than such time limit. Such time limitation may be extended only by
amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be
repaid from the Low and Moderate Income Housing Fund or establishing more debt in
order to fulfill the CDC's housing obligations under Health and Safety Code Section
33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or
restructuring indebtedness after January 1, 2004, if the indebtedness is not increased and
the time during which the indebtedness is to be repaid does not exceed the data on which
the indebtedness would have been paid.
With respect to the Downtown Original Arca, notwithstanding any other provision of this
Plan, and except as provided in this Section and Health and Safety Code Section
33333.6(a), (g), and (h), or as otherwise permitted by law, no loan, advance or
indebtedness to be repaid from such allocations of taxes established or incurred by the
CDC to finance in whole or in part the Redevelopment Project shall be established or
incurred after January 1, 2004. Such loan, advance or indebtedness may be repaid over a
period of time longer than such time limit. Such time limitation may be extended only by
amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be
repaid from the Low and Moderate Income Housing Fund or establishing more debt in
order to fulfill the CDC's housing obligations under Health and Safety Code Section
33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or
restructuring indebtedness after January 1, 2004, if the indebtedness is not increased and
the time during which the indebtedness is to be repaid does not exceed the data on which
the indebtedness would have been paid.
With respect to the Downtown 1985 Amendment Area, notwithstanding any other
provision of this Plan, and except as provided in this Section and Health and Safety Code
Section 33333.6(a), (g), and (h), or as otherwise permitted by law, no loan, advance or
indebtedness to be repaid from such allocations of taxes established or incurred by the
c N[xnmeNa uttmyauaynnury muermg fiN,Mh&4dptm i oe 32
Adopted 7/ I A/95
CDC to finance in whole or in part the Redevelopment Project shall be established or
incurred after April 16, 2005. Such loan, advance or indebtedness may he repaid over a
period of time longer than such time limit. Such time limitation may be extended only by
amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be
repaid from the Low and Moderate Income Housing Fund or establishing more debt in
order to fulfill the CDC's housing obligations under Health and Safety Code Section
33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or
restructuring indehtedness after April 16, 2005, if the indebtedness is not increased and
the time during which the indebtedness is to be repaid does not exceed the data on which
the indehtedness would have been paid.
With respect to the Added Area, notwithstanding any other provision of this Plan, and
except as provided in this Section and Health and Safety Code Section 33333.2(a), or as
otherwise permitted by law, no loan, advance or indebtedness to be repaid from such
allocations of taxes established or incurred by the CDC to finance in whole or in part
activities authorized under this Plan shall be established or incurred after 20 years
following approval of the ordinance adopting this Plan. Such loan, advance or
indebtedness may be repaid over a period of time longer than such time limit. Such time
limitation may be extended only by amendment of this Plan. This limit shall not prevent
the CDC from incurring debt to be repaid from the Low and Moderate Income Housing
Fund or establishing more debt in order to fulfill the CDC's housing obligations under
Health and Safety Code Section 33413. In addition, this limit shall not prevent the CDC
from refinancing, refunding, or restructuring indebtedness after 20 years following
approval of the ordinance adopting this Plan, if the indehtedness is not increased and the
time during which the indebtedness is to be repaid does not exceed the date on which the
indebtedness would have been paid.
C. (803) CDC Bonds
The CDC is authorized to issue bonds and other obligations from time to time, if it deems
it appropriate to do so, in order to finance all or any part of Plan implementation
activities.
Neither the members of the CDC nor any persons executing the bonds are liable
personally on the bonds or other obligations by reason of their issuance.
The bonds and other obligations of the CDC are not a debt of the City or the State; nor are
any of its political subdivisions liable for them; nor in any event shall the bonds or
obligations be payable out of any funds or properties other than those of the CDC; and
such bonds and other obligations shall so state on their face. The bonds and other
obligations do not constitute an indebtedness within the meaning of any constitutional or
statutory debt limitation or restriction.
c.srloturrwm, and seumgs`ddawp\lrxal senmgs,ten;u,av .cnet filriv )IQhe.rdpL.ud..t
33
Adopted 7/ 18/95
The amount of bonded indebtedness, to be repaid in whole or in part from the allocation
of taxes pursuant to Section 33670 of the Redevelopment Law, which can be outstanding
at one time shall not exceed $100.0 million, except by amendment to this Plan.
D. (804) Other Loans and Grants
Any other loans, grants, guarantees or financial assistance from the federal government,
the State, or any other public or private source will be utilized, if available, as appropriate
in carrying out this Plan. In addition, the CDC may make loans as permitted by law to
public or private entities for any of its redevelopment purposes.
E. (805) Rehabilitation Loans, Grants, and Rebates
The CDC and the City may commit funds from any source to rehabilitation programs for
the purposes of loans, grants, or rebate payments for self -financed rehabilitation work.
The rules and regulations for such programs shall be those which may already exist or
which may be developed in the future. The CDC and the City shall seek to acquire grant
funds and direct loan allocations from State and federal sources, as they may be available
from time to time, for the carrying out of such programs.
SECTION IX. (900) ACTIONS BY THE CITY
The City shall aid and cooperate with the CDC in carrying out this Plan and shall take all
reasonable actions necessary to ensure the continued fulfillment of the purposes of this Plan and
to prevent the recurrence or spread in the Project Area of conditions of blight. Actions by the
City may include, but shall not be limited to, the following:
1. Institution and completion of proceedings for opening, closing, vacating,
widening, or changing the grades of streets, alleys, and other public rights -
of -way, and for other necessary modifications of the streets, the street
layout, and other public rights -of -way in the Project Area. Such action by
the City shall include the requirement of abandonment and relocation by
the public utility companies of their operations in public rights -of -way as
appropriate to carry out this Plan, provided that nothing in this Plan shall
be deemed to require the cost of such abandonment, removal, and
relocation to be borne by others than those legally required to bear such
costs.
2. Institution and completion of proceedings necessary for changes and
improvements to publicly -owned parcels and utilities in the Project Area.
3. Performance of the above, and of all other functions and services relating
to public health, safety, and physical development normally rendered in
accordance with a schedule which will permit the redevelopment of the
c t4cw1r115 and getting Addavak,.d eertutgsVenpormy mteeroet tdesbB4e\idptaadoc 34
Adopted 7/1 B/95
Project Area to be commenced and carried to completion without
unnecessary delays.
4. imposition, whenever necessary, of appropriate design controls within the
limits of this Plan in the Project Area to ensure proper development and
use of land.
5. Provisions for administration/enforcement of this Plan by the City after
completion of development.
6. The undertaking and completion of any other proceedings necessary to
carry out the Project.
7. The expenditure of any City funds in connection with redevelopment of
the Project Area pursuant to this Plan.
Revision of the City zoning ordinance, adoption of specific plans or
execution of statutory development agreements to permit the land uses and
facilitate the development authorized by this Plan.
SECTION X. (1000) ADMINISTRA'I'ION AND ENFORCEMENT
Upon adoption, the administration and enforcement of this Plan or other documents
implementing this Plan shall be performed by the City and/or the CI)C, as appropriate.
The provisions of this Plan or other documents entered into pursuant to this Plan may also be
enforced by litigation or similar proceedings by either the CDC or the City. Such remedies may
include, but are not limited to, specific performance, damages, re-entry onto property, power of
termination, or injunctions. In addition, any recorded provisions which are expressly for the
benefit of owners of property in the Project Area may be enforced by such owners.
SECTION XI. (1100) DURATION OF THIS PLAN
With respect to the E.J. Christmanl Area, except for the nondiscrimination and nonsegregation
provisions which shall run in perpetuity, the provisions of this Plan shall expire on November 18,
2009. After this time limit, the Agency shall have no authority to act pursuant to this Plan except
to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other
obligations.
With respect to the South Bay Town and Country Area, except for the nondiscrimination and
nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire
on June 24, 2015. After this time limit, the Agency shall have no authority to act pursuant to this
Plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts,
or other obligations.
c4knwtrnts and-.,ttmpsdlda,Aotal sciwcsV<rn,twnry inferno files'&Ik(rrdpInn dac 35
Adopted 7/18/95
zulea
With respect to the Center City Area, except for the nondiscrimination and nonsegregation
provisions which shall run in perpetuity, the provisions of this Plan shall expire on April 13,
2016. After this time limit, the Agency shall have no authority to act pursuant to this Plan except
to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other
obligations.
With respect to the E.J. Christman2 Area, except for the nondiscrimination and nonsegregation
provisions which shall run in perpetuity, the provisions of this Plan shall expire on December 13,
2017. After this time limit, the Agency shall have no authority to act pursuant to this Plan except
to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other
obligations.
With respect to the Downtown Original Area, except for the nondiscrimination and
nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire
on December 1, 2021. After this time limit, the Agency shall have no authority to act pursuant to
this Plan except to pay previously incurred indebtedness and to enforce existing covenants,
contracts, or other obligations.
With respect to the Downtown 1985 Amendment Area, except for the nondiscrimination and
nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire
on April 16, 2025. After this time limit, the Agency shall have no authority to act pursuant to
this Plan except to pay previously incurred indebtedness and to enforce existing covenants,
contracts, or other obligations.
With respect to the Added Area, except for the nondiscrimination and nonsegregation provisions
which shall run in perpetuity, the provisions of this Plan shall expire 30 years following adoption
of the ordinance approving this Plan. After this time limit, the Agency shall have no authority to
act pursuant to this Plan except to pay previously incurred indebtedness and to enforce existing
covenants, contracts, or other obligations.
SECTION XII. (1200) PROCEDURE FOR AMENDMENT
This Plan may be amended by means of the procedure established in Sections 33450-33458 of
the Redevelopment Law or by any other procedure hereafter established by law.
c. vnaats and Fttn,gsbyariuUa--,a sntinrAWYnpurmy intauet fik,,e10,66thrltm&x 36
Adopted 7/18/95
EXHIBIT "A't
MI" 7;
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NATIONAL C
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8th Street Corridor
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pp
National City Redevelopment Project - Parcels Subject to the 2007 Amendment
C3Project Area Boundary 1111 2007 Amendment Area
MMunicipal Boundary
SuctrLe. National CIty Planning
gD/ERMMISSMo NT
OF THE
CITY F
NAONAL CITY
National City
Redevelopment
Project Area
1
EXHIBIT "B"
LEGAL DESCRIPTION
NATIONAL CITY REDEVELOPMENT PROJECT AREA
EXISTING AREA
AREA "A"
The perimeter description of this Project, situated in the City of National
City, County of San Diego, State of California, is as follows:
ALL that portion of the incorporated territory of the City
of National City, County of San Diego, State of California,
described as follows:
aeginning at the point of intersection of the centerlines
of Division Street and Highland Avenue, being on the
common boundary line between the City of National City
and the City of San Diego; thence South 72* 14' 16" West
along said centerline of Division Street 3035 feet more
or less to the Easterly lineesof Interstate Highway
Route 5; thence along said Easterly line as follows:
South 12° 50' 02" East 75.38 feet; thence South 50° 10'
East 28.46 feet; thence Southerly along the arc of a
200 foot radius curve 65,72 feet; thence South 17° 45' 15"
East 1706.82 feet; thence South 12' 02' 37" East 80.40
feet; thence South 17° 45' 15" East 290.36 feet; thence
South 72° 14' 25" West 110.07 feet to a tangent 31 foot
radius curve concave Easterly; thence Southerly along
the arc of said curve 48.69 feet; thence South 17° 45' 15"
East 36.78 feet; thence South 3. 59' 30" West 172.85 feet;
thence South 17. 45' 15" East 61.98 feet; thence South
72. 14' 25" West 136.32 feet; thence South 16. 06' 59"
West 96.36 feet; thence South 17° 45' 15" East 59.01 feet;
thence South 18. 07' West 235.91 feet; thence Southerly
along the arc of a 144 foot radius curve concave Easterly
159.60 feet; thence South 18' 08' 56" West 66.10 feet;
thence South 5' 35' 40" East 22.37 feet; thence South
18' 08' 56" hest 210.39 feet; thence North 72° 14' 25"
East 69.20 feet; thence South 17' 07' 17' West 294.76
_feet; thence South 5' 17' West 58.63 feet; thence South
14' 51' 00" West 432.91 feet; thence South 41° 43' West
23.92 feet; thence Southerly along the arc of a 162 foot
radius curve concave Southeasterly 144.17 feet; thence
South 8° 15' West 55.65 feet; thence South 17. 45' 09"
East 76.61 feet; thence South 54' 39' East 132.23 feet;
thence South 72. 14' 25" West 208.44 feet; thence South
9' 15' West 191.03 feet; thence South 17° 45' 40" East
186.31 feet; thence South 0° 40' 00" East 119.07 feet;
thence South 17. 45' 40" East 1050.81 feet; thence South
17° 44' 00" East 7440 feet more or less to the Southerly
line of Quarter Section 160 of Rancho de la Nation on
the common boundary line between the City of National
City and the City of Chula Vista; thence along said
boundary North 72° 06' 04" East 11940 feet more or less
to the Easterly line of National City Boulevard, 100 feet wide;
thence Northerly along said Easterly line 2306 feet to
the Southerly line of Lot 1 of Quarter Section 151 of said
Rancho de la Nacion Map No. 166: thence Easterly along said
Southerly line 600 feet more or less to the Easterly line
of the Westerly half of said Lot 1; thence Northerly along
said Easterly line 330 feet to the Northerly line of said
Quarter Section 151; thence Easterly along said Northerly
line 660 feet to the North and South centerline of Quarter -
Section 151; thence Southerly along said line 1317 feet'"
to the Southwest corner of Lot 13; thence Easterly along
said Southerly line 240 feet to the centerline of Sweet-
water River; thence along said centerline Southwesterly
300 feet more or less to the Westerly line of Lot 12 of
Quarter Section 151; thence Southerly along the Westerly
line of Lots 12 and 11, a distance of 370 feet to the
Northerly line of the Southerly 130 feet of said Lot 11;
thence Easterly along said Southerly line 1274 feet to
the Westerly line of Highland Avenue; thence Northerly
along said Westerly line 502 feet to the Westerly prolonga-
tion of the Northerly line of Trousdale Drive; thence
Easterly along said prolongation 100 feet to the Easterly
line of said Highland Avenue; thence Northerly along said
Easterly line 1342 feet to the Northerly line of Quarter
Section 135 of Rancho de la Nacion; thence North 70° 42' 39"
East along said Northerly line 1144.85 feet to an angle
point on the Easterly line -of Parcel 2 of Parcel Map No.
1308; thence along said line North 43° 34' 25" East 17.09
feet; thence North 7' 25' 35" West 125 feet; thence North
t° 08' 35" West 66.84 feet; thence North 40' 08' 25" East
170.40 feet to the Easterly line of Lot 4 of Quarter Sec-
tion 134 of saia Rancho de la Nacion; thence North
19° 07' 45" west along said Easterly line 419.48 feet
to the Northerly line of 30th Street, Road Survey No. 1323;
thence Easterly along said Northerly line to the Westerly
line oz Edgemere Avenue, Road Survey No. 670; thence
Southeasterly along said Westerly line to the Northerly
line of State Highway Route 54; thence Easterly along said
Northerly line to the Southwesterly corner of Sweetwater
Town a Country Shopping Center Map No. 8432; thence along
the boundary line thereof, North 82° 33' 20" East 243.83
2
feet; thence Easterly along the arc of a 1700 foot radius
curve 391.13 feet; thence South 79° 21' 42" East 809.08
feet; thence South 81' 09' 17" East 223.73 feet; thence
Easterly along the arc of a 225 foot radius curve 155.79
feet to a compound curve having a radius of 100 feet;
thence Northerly along said curve 204.61 feet; thence North
58° 13' 38" West 176.15 feet; thence Northerly along the
arc of a 350 foot radius curve 222.34 feet; thence North
22' 06' 31" West 282.67 feet; thence North 71' 15' 46"
West 105.74 feet; thence North 69" 22' 14" West 209.66
feet; thence North 78° 34' 34" West 208.58 feet; thence
Westerly along the arc of a 957 foot radius curve 350 feet
more or less to a point on the boundary line of Course
No. 6 of the City -of National City Ordinance No. 1019;
thence along said boundary being along the Southerly pro-
longation of the Easterly line of Lot 52 of Lincoln Acres
Map No. 1740, North 29° 17' 30" West 150 feet to the North-
easterly corner of said Lot 52; thence Northeasterly along
the Southeasterly line of Grove Street as shown on said
Mao No. 1740, 215 feet; thence Northwesterly 185.26 feet
to a point on the Easterly line of Lot 4 of said Map No.
1740;. thence North 31' 54' West to the Northeast corner
of -said Lot 4; thence South 71° 05' West 49.37 feet;
thence South 58' 06' West along the Northerly lines of
Lots 4 and 3 a distance of.101.80 feet to the Easterly
line of Lot 20 of said Map No. 1740; thence North
52° 06' West along said line 106.44 feet to the North
line of the South 100-feet of Lots 20 and 21 of said Map
No. 1740; thence along said line South 58° 06' West 230
feet to the West line of said Lot 20; thence North
18. 55' West along the West line of said Map No. 1740
a distance of 370 feet more or less to an angle point on
the boundary line of the City of National City, Ordinance
No. 1061; thence Easterly along the Southerly line thereof
50 feet to the Easterly line of Lincoln Court; thence
Northerly along said Easterly line 48 feet to the South
line of Lot 15 of said Map No. 1740; thence North 61° 12' 30"
East 296.52 feet to the Southeast corner of said Lot 15;
thence.North 28° 47' s0" West 142.40 feet along the West-
erly line of Lots 11 and 12 to the Southerly line of the
North 20 feet of said Lot 12; thence North 61° 12' 30"
East 85 feet more or less along said Southerly line to
as angle point on said boundary line of the City of
National City last mentioned; thence Northerly along the
Easterly line thereof 92.16 feet to the Southerly line of
said Lincoln Court; thence North 72' 49' 00" East along said
Southerly line 82.20 feet to the Southerly prolongation of the
Westerly line of Lot 27 of said Map No. 1740; thence along
said prolongation and along said line North 19° 03' 00'
West 330 feet to the Northwesterly corner of said Lot 27;
thence North 44° 14' East 111.90 feet to the Southwest
corner of Lot 30 of said Map No. 1740; thence North
19' 03' 00" West 230 feet to the Northwest corner of Lot 31
of said Nap No. 1740; thence South 81° 34' 00" East
162.79 feet to a point on the boundary line of Rae Place
as shown on said Map No.01740; tnence Northeasterly along
the arc of a 40 foot radius Curve 62.83 feet to the West-
erly line of Lot 33 of said Map No. 1740; thence North
19° 03' 00" West 43 feet along said Westerly line to the
Southerly line of Lot 4 of Las Palmas Park Villas, Map
No. 9128; thence along said Southerly line North 72° 13'
East 120 feet to an angle point thereon; thence South
17° 53' 09" East 97 feet; thence North 73' 13' East 120
feet; thence South 17° 53' 09" East 2.82 feet; thence
North 71° 57' 37" East 255 feet more or less to the East-
erly line of Newell Street as shown on the Westerly line
of Interstate Route 805; thence along said Westerly line
of said Interstate Route 1105 as follows: Northerly along
the arc of a 330 foot radius curve 43.99 feet; thence
North 12. 07' 40" West 258.68 feet; thence Nortnerly
3
along the arc of a 1030 foot radius curve 98.37 feet;
thence North 17. 36' West 685.32 feet: thence Northerly
along the arc of a 1030 foot radius curve 93.65 feet;
thence North 22' 48' 34" West 263.55 feet; thence Northerly
along the arc of a 970 foot radius curve 88.19 feet; thence
North 17° 36' West 809.97 feet; thence North 10° 47' 26"
East 42.23 feet; thence North. 17° 41' 0z" West 200.33
feet; thence North 25° 18' 39" West 474.78 feet; thence
North 45° SC' 36" West 67.83 feet; thence North 17° 43' 57"
West 125.00 feet; thence North 31° 33' 50" West 688.61
feet: thence South 78° 59' 11" West 26.20 feet; thence
North 45. 54' u2" West 17.68 feet; thence South 78° 59' 11"
West 96.00 feet; thence North 15° 23' 31" West 30.29 feet;
thence North 43° 19' 20" West 105.88 feet; thence North
17. 44' 49" West 20 feet; thence North 56' 59' 46" East
106.76 feet; thence North 23° 34' 11" West 190.01 feet;
thence North 3° 36' 49" West 142.30 feet; thence North
17. 53' 05" West 540.09 feet; thence North 27° 06' 55"
East 35.36 feet; thence North 17. 53' 05" West 308.70
feet; thence North 25° 49' 53" West 180.84 feet; thence
North 17. 53' 05" West 200 feet; thence North
21° 47' 45" West 250.59 feet; thence North 28° 01' 52"
;lest 99.44 feet; thence South 61° 58' 08" West 42.24 feet;
thence North 17. 52' 10" West 236.99 feet: thence North
57. 37' 09" West 172.52 feet; thence North 39. 07' 16"
West 452.83 feet; thence South 72. 13' 30" West 6.64 feet;
thence North 17° 46' 30" West 89.72 feet; thence North
46° 21' 02" West 113.63 feet; thence South 72° 00' 25"
West 50.35 feet; thence North 40' 42' 58" West 283.16
feet; thence North 55. 54' 39" West 457.20 feet; thence
North 50° 24' 12" West 661.84 feet; thence Northerly
along the arc of a 30 foot radius curve 64.23 feet; thence
North 59. 31' 47" West 107.30 feet; thence Northerly along
the arc of a. 30 foot radius curve 33.50 feet; thence North
43° 45' 17" West 244.18 feet; thence Northerly along the arc
of a 599 foot radius curve 114.56 feet; thence North
74° 26' 28" West 222.29 feet; thence North 28" 30' 14"
West 28.97 feet; thence North 48. 01' 12" West 188.16 feet
to the common boundary line of the City of San Diego and
the City of National City; thence along said line South'-
0° 45' 45" West 50.99 feet to an angle point thereon;
thence South 89° 58' West along said line 637.21 feet to
the West line of Lot 70 feet Horton's purchase Map No.
283; thence North 0° 01' 30" East along the test line
thereof 218 feet to the centerline of Delta Street; thence
along said centerline South 89' 55' 25" West 1335.78 feet
to the centerline of Highland Avenue: thence Southerly
along said centerline being along said common boundary
1500 feet more or less to the point of beginning.
The land area contained within the Project Boundary is approximately
2,080 acres.
4
LEGAL DESCRIPTION
NATIONAL CITY REDEVELOPMENT PROJECT AREA
ADDED AREA
AREA "B"
Those properties located in the City of National City, County of San Diego, State of
California, described as follows:
Beginning at the intersection of the Southerly Right-of-way of 8th Street and the
Westerly Right-of-way of Interstate 5; thence along said Westerly Right-of-way the
following courses: South 17°45'09" East 150.03 feet; thence South 12°04'00" East
100.63 feet; thence South 08°26'44" East 284.00 feet; thence South 13°50'25"
West 152.72 feet; thence South 16°06'34" West 332.55 feet; thence South
17°45'40" East 186.36 feet; thence South 08°23'31" West 499.35 feet; thence
South 15°38'16" West 108.99 feet; thence South 20°20'00" West 89.72 feet;
thence South 49°07'00" West 25.00 feet; thence leaving said Westerly Right-of-way
South 06°41'56" East 233.22 feet to an angle point in said Westerly Right-of-way;
thence continuing along said Westerly Right-of-way the following courses: South
17°45'40" East 604.39 feet; thence South 26°30'24" East 52.61 feet; thence South
17°45'40" East 2245.01 feet; thence South 02°39'23" East 333.59 feet; thence
South 52°52'19" West 24.46 feet; thence South 72°14'00" West 260.17 feet;
thence South 17°45'40" East 80.00 feet; thence South 88°45'34" East 182.30 feet;
thence South 79°41'54" East 120.04 feet; thence South 31°19'37" East 268.23
feet; thence South 30° 11'05" West 66.08 feet; thence South 27°10'57" East 34.34
feet; thence leaving said Westerly Right-of-way along the boundary of Record of
Survey 11749, South 72°16'11" West 307.21 feet; thence South 17°43'49" East
164.89 feet; thence South 72° 16' 11 " West 316.34 feet to the beginning of a non -
tangent 1652.28 foot radius curve concave Southwesterly, to which a radial line
bears North 76°38'43" East; thence Southeasterly along the arc of said curve and the
Easterly Right-of-way of the San Diego and Arizona Eastern Railroad as shown on said
Record of Survey 11749 through a central angle of 02°26'51" a distance of 70.58
feet; thence South 10°54'26" East 504;27 feet to the beginning of a tangent
1213.11 foot radius curve concave Northeasterly; thence Southeasterly along the arc
of said curve through a central angle of 06°22'46" a distance of 135.07 feet; thence
North 72°42'48" East 10.00 feet to the beginning of a non -tangent 1203.11 foot
radius curve concave Northeasterly, to which a radial line bears South 72°42'48"
West; thence Southeasterly along the arc of said curve through a central angle of
34°14'07" a distance of 718.88 feet; thence South 51°31'18" East 233.81 feet to
the beginning of a non -tangent 598.69 foot radius curve concave Southwesterly, to
which a radial line bears North 38°57'27" East; thence Southeasterly along the arc
of said curve through a central angle of 33°18'19" a distance of 348.01 feet; thence
South 17°44'14" East 71.01 feet; thence South 17°42'10" East 971.98 feet to the
City of National City/Chula Vista City boundary; thence leaving said Easterly railroad
Right-of-way Southwesterly along said City boundary as shown on Miscellaneous Map
564 South 72°15'22" West 1629.76 feet to the intersection of the Southerly
prolongation of the Easterly Right-of-way of Tidelands Avenue; thence along said
prolongation and the Easterly Right-of-way of Tidelands Avenue North 17°45'40"
West 1031.20 feet to the intersection of the Easterly Right-of-way of Tidelands
Avenue and the Southerly Right-of-way of 32nd Street; thence North 23°03'04"
West 108.46 feet to the intersection of the Easterly Right-of-way of Tidelands Avenue
and the Northerly Right-of-way of 32nd Street; thence along the Easterly Right-of-way
of Tidelands Avenue North 17°45'40" West 2430.00 feet to the Southerly Right-of-
way of 24th Street; thence North 17°07'00" West 80.00 feet to the Northerly Right-
of-way line of said 24th Street said point being also on the Easterly Right-of-way of
said Tidelands Avenue; thence along the Easterly Right-of-way line of said Tidelands
Avenue North 15°00'40" West 15.02 feet, said point being a prolongation of the
Right-of-way of said 24th Street; thence leaving said Easterly Right-of-way of
Tidelands Avenue South 72° 14'20" West along said prolongation and Northerly Right-
of-way of said 24th Street 360.37 feet to an angle point in said Northerly Right-of-
way of 24th Street; thence continuing along said Northerly Right-of-way of 24th
Street South 17°45'40" East 15.00 feet to an angle point in said Northerly Right-of-
way of 24th Street; thence along said Northerly Right-of-way of said 24th Street and
a prolongation thereof South 72°14'20" West 715.55 feet to a point on the U.S.
Bulkhead Line; thence along said U.S. Bulkhead Line North 06°35'32" West 314.21
feet to a point on the boundary of the San Diego Unified Port District lands; thence
along said boundary North 83°24'28" East 107.43 feet; thence North 06°35'32"
West 160.57 feet to the beginning of a tangent 564.18 foot radius curve concave
Southeasterly; thence Northeasterly along the arc of said curve through a central
angle of 74°24'15" a distance of 732.64 feet; thence North 06°35'32" West
1037.74 feet; thence North 83°24'28" East 269.08 feet; thence North 06°35'32" -
West 1587.95 feet; thence North 83°24'28" East 583.96 feet to a point on the
Westerly Right-of-way line of Tidelands Avenue; thence leaving said Port District lands
along said Westerly Right-of-way line of Tidelands Avenue North 10°03'44" East
365.20 feet to the Northerly Right-of-way line of Civic Center Drive (formerly 13th
Street); thence along said Northerly Right-of-way North 72°14'20" East 147.09 feet
to a point on the Westerly Right-of-way of the Atchison Topeka and Santa Fe
Railroad; thence along said Westerly Right-of-way North 05°48'13" East 67.47 feet
to the beginning of a tangent 5679.65 foot radius curve concave Westerly; thence
Northerly along said curve through a central angle of 02°29'39" an arc distance of
247.24 feet to an intersection with the centerline of 12th Street (now closed); thence
leaving the said Westerly Railroad Right-of-way along said centerline North 72°14'20"
East 474.70 feet to the Westerly Right-of-way of McKinley Avenue; thence along said
Westerly Right-of-way North 17°45'40" West 40.00 feet to the Northerly Right-of-
way of 12th Street; thence along said Northerly Right-of-way North 72°14'20" East
40.00 feet to the centerline of McKinley Avenue (now closed); thence along said
centerline North 17°45'40" West 330.37 feet to the Northerly Right-of-way of 1 1 th
Street (now closed); thence along said Northerly Right-of-way North 72° 14'20" East
290.25 feet to the Westerly Right-of-way of Taft Avenue; thence along said Westerly
Right-of-way North 17°45'07" West 910.30 feet to the Southerly Right-of-way of
8th Street; thence along said Southerly Right-of-way North 72°14'25" East 466.14
feet to the Point of Beginning.
Containing 317 acres more or less.
The above description was compiled or calculated from existing available record
information and not a field survey by Rick Engineering Company.
Chris D. Ciremele L.S. 5267
1-24-94 J-12174
"1�
EXHIBIT A
LEGAL DESCRIPTION
BOUNDARY OF HARBOR DISTRICT PRELIMINARY REDEVELOPMENT PLAN
Those properties located in the City of National City, County of San Diego, State of
California, described as follows:
Beginning at the intersection of the Southerly Right-of-way of 8th Street and the
Westerly Right-of-way of Interstate 5; thence along said Westerly Right-of-way the
following courses: South 17°45'09" East 150.03 feet; thence South 12°04'00" East
100.63 feet; thence South 08°26'44" East 284.00 feet; thence South 13°50'25"
West 152.72 feet; thence South 16°06'34" West 332.55 feet; thence South
17°45'40" East 186.36 feet; thence South 08°23'31" West 499.35 feet; thence
South 15°38'16" West 108.99 feet; thence South 20°20'00" West 89.72 feet;
thence South 49°07'00" West 25.00 feet; thence leaving said Westerly Right-of-way
South 06°41'56" East 233.22 feet to an angle point in said Westerly Right-of-way;
thence continuing along said Westerly Right-of-way the following courses: South
17°45'40" East 604.39 feet; thence South 26°30'24" East 52.61 feet; thence South
17°45'40" East 2245.01 feet; thence South 02°39'23" East 333.59 feet; thence
South 52°52'19" West 24.46 feet; thence South 72°14'00" West 260.17 feet;
thence South 17°45'40" East 80.00 feet; thence South 88°45'34" East 182.30 feet;
thence South 79°41'54" East 120.04 feet; thence South 31°19'37" East 268.23
feet; thence South 30° 11'05" West 66.08 feet; thence South 27 ° 10'57" East 34.34
feet; thence leaving said Westerly Right-of-way along the boundary of Record of
Survey 11749, South 72°16'11" West 307.21 feet; thence South 17°43'49" East
164.89 feet; thence South 72°16'11" West 316.34 feet to the beginning of a non -
tangent 1652.28 foot radius curve concave Southwesterly, to which a radial line
bears North 76°38'43" East; thence Southeasterly along the arc of said curve and the
Easterly Right-of-way of the San Diego and Arizona Eastern Railroad as shown on said
Record of Survey 11749 through a central angle of 02°26'51" a distance of 70.58
feet; thence South 10°54'213" East 504.27 feet to the beginning of a tangent
1213.11 foot radius curve concave Northeasterly; thence Southeasterly along the arc
of said curve through a central angle of 06°22'46" a distance of 135.07 feet; thence
North 72°42'48" East 10.00 feet to the beginning of a non -tangent 1203.11 foot
radius curve concave Northeasterly, to which a radial line bears South 72°42'48"
West; thence Southeasterly along the arc of said curve through a central angle of
34°14'07" a distance of 718.88 feet; thence South 51 °31'18" East 233.81 feet to
the beginning of a non -tangent 598.69 foot radius curve concave Southwesterly, to
which a radial line bears North 38°57'27" East; thence Southeasterly along the arc
of said curve through a central angle of 33°18'19" a distance of 348.01 feet; thence
South 17°44'14" East 71.01 feet; thence South 17°42'10" East 971.98 feet to the
City of National City/Chula Vista City boundary; thence leaving said Easterly railroad
Right-of-way Southwesterly along said City boundary as shown on Miscellaneous Map
564 South '72°15'22" West 1629.76 feet to the intersection of the Southerly
prolongation of the Easterly Right-of-way of Tidelands Avenue; thence along said
prolongation and the Easterly Right-of-way of Tidelands Avenue North 17°45'40"
West 1031.20 feet to the intersection of the Easterly Right-of-way of Tidelands
Avenue and the Southerly Right-of-way of 32nd Street; thence North 23°03'04"
West 108.46 feet to the intersection of the Easterly Right-of-way of Tidelands Avenue
and the Northerly Right-of-way of 32nd Street; thence along the Easterly Right-of-way
of Tidelands Avenue North 17°45'40" West 2430.00 feet to the Southerly Right-of-
way of 24th Street; thence North 17°07'00" West 80.00 feet to the Northerly Right-
of-way line of said 24th Street said point being also on the Easterly Right-of=way of
said Tidelands Avenue; thence along the Easterly Right-of-way line of said Tidelands
Avenue North 15°00'40" West 15.02 feet, said point being a prolongation of the
Right-of-way of said 24th Street; thence leaving said Easterly Right-of-way of
Tidelands Avenue South 72° 14'20" West along said prolongation and Northerly Right-
of-way of said 24th Street 360.37 feet to an angle point in said Northerly Right-of-
way of 24th Street; thence continuing along said Northerly Right-of-way of 24th _
Street South 17°45'40" East 15.00 feet to an angle point in said Northerly Right-of-
way of 24th Street; thence along said Northerly Right-of-way of said 24th Street and
a prolongation thereof South 72° 14'20" West 715.55 feet to a point on the U.S.
Bulkhead Line; thence along said U.S. Bulkhead Line North 06°35'32" West 314.21
feet to a point on the boundary of the San Diego Unified Port District lands; thence
along said boundary North 83°24'28" East 107.43 feet; thence North 06°35'32"
West 160.57 feet to the beginning of a tangent 564.18 foot radius curve concave
Southeasterly; thence Northeasterly along the arc of said curve through a central
angle of 74°24'15" a distance of 732.64 feet; thence North 06°35'32" West
1037.74 feet; thence North 83°24'28" East 269.08 feet; thence North 06°35'32"
West 1587.95 feet; thence North 83°24'28" East 583.96 feet to a point on the
Westerly Right-of-way line of Tidelands Avenue; thence leaving said Port District lands
along said Westerly Right-of-way line of Tidelands Avenue North 10°03'44" East
365.20 feet to the Northerly Right-of-way line of Civic Center Drive (formerly 13th
Street); thence along said Northerly Right-of-way North 72°14'20" East 147.09 feet
to a point on the Westerly Right-of-way of the Atchison Topeka and Santa Fe
Railroad; thence along said Westerly Right-of-way North 05°48'13" East 67.47 feet
tcr the beginning of a tangent 5679.65 foot radius curve concave Westerly; thence
Northerly along said curve through a central angle of 02°29'39" an arc distance of
247.24 feet to an intersection with the centerline of 12th Street (now closed); thence
leaving the said Westerly Railroad Right-of-way along said centerline North 72° 14'20"
East 474.70 feet to the Westerly Right-of-way of McKinley Avenue; thence along said
Westerly Right-of-way North 17°45'40" West 40.00 feet to the Northerly Right-of-
way of 12th Street; thence along said Northerly Right-of-way North 72°14'20" East
40.00 feet to the centerline of McKinley Avenue (now closed); thence along said
centerline North 17°45'40" West 330.37 feet to the Northerly Right-of-way of 11th
Street (now closed); thence along said Northerly Right-of-way North 72° 14' 20" East
290.25 feet to the Westerly Right-of-way of Taft Avenue; thence along said Westerly
Right-of-way North 17°45'07" West 910.30 feet to the Southerly Right-of-way of
8th Street; thence along said Southerly Right-of-way North 72° 14'25" East 466.14
feet to the Point of Beginning.
Containing 542 acres more or less.
The above description was compiled or calculated from existing available record
information and not a field survey by Rick Engineering Company.
C),
Chris D. Ciremele L.S. 5267
1-24-94 J-12174
a Y.al11,4110 AifJ. V Y.o.,,
EXHIBIT A
LEGAL DESCRIPTION
SUBAREA 1 OF HARBOR DISTRICT PRELIMINARY REDEVELOPMENT PLAN
These properties located in the City of National City, County of San Diego, State of
California, described as -follows:
Beginning at Point "A", as described in Subarea 3 of Harbor District Preliminary
Redevelopment Plan; thence South 17°45'40" East 80.00 feet; thence South
88°45'34" East 182.30 feet; thence South 79°41'54" East 120.04 feet; thence
South 31 °19'37" East 268.23 feet; thence South 30°11'05" West 66.08 feet;
thence South 27°10'57" East 34.34 feet; thence leaving said Westerly Right-of-way
along the boundary of Record of Survey 11749 on file in the office of the County
Recorder of San Diego County, South 72 ° 16' 1 1 " West 307.21 feet; thence South
17°43'49" East 164.89 feet; thence South 72°16'11" West 316.34 feet to the
beginning of a non -tangent 1652.28 foot radius curve concave Southwesterly, to
which a radial line bears North 76°38'43" East; thence Southeasterly along the arc
of said curve and the Easterly Right-of-way of the San diego and Arizona Eastern
Railroad as shown on said Record of Survey 11749 through a central angle of
02°26'51" a distance of 70.58 feet; thence South 10°54'26" East 504.27 feet to
the beginning of a tangent 1213.11 foot radius curve concave Northeasterly; thence
Southeasterly along the arc of said curve through a central angle of 06°22'46" a
distance of 135.07 feet; thence North 72°42'48" East 10.00 feet to the beginning
of a non -tangent 1203.11 foot radius curve concave Northeasterly, to which a radial
line bears South 72°42'48" West; thence Southeasterly along the arc of said curve
through a central angle of 34°14'07" a distance of 718.88 feet; thence South
51°31'18" East 233.81 feet to the beginning of a non -tangent 598.69 foot radius
curve concave Southwesterly, to which a radial line bears North 38°57'27" East;
thence Southeasterly along the arc of said curve through a central angle of 33° 18' 19"
a distance of 348.01 feet; thence South 17°44'14" East 71.01 feet; thence South
17°42'10" East 971.98 feet to the City of National City/Chula Vista City boundary;
thence leaving said easterly railroad Right-of-way Southwesterly along said City
boundaries shown on Miscellaneous Map 564 South 72° 15'22" West 1629.76 feet
to the intersection of the prolongation of the Easterly Right-of-way of Tidelands
Avenue; thence along said prolongation and the Easterly Right-of-way of Tidelands
Avenue North 17°45'40" West 1031.20 feet to the intersection of the Easterly Right-
of-way of Tidelands Avenue and the Souhterly Right-of-way of 32nd Street; thence
North 23°03'04" West 108.46 feet to the intersection of the Easterly Right-of-way
of Tidelands Avenue and the Northerly Right-of-way of 32nd Street; thence along the
Easterly Right-of-way of Tidelands Avenue North 17°45'40" West 2430.00 feet to
the Southerly Right-of-way of said 24th Street; thence North 17°07'00" West 80.00
Sl
feet to the Northerly Right-of-way line of said 24th Street; thence along said Northerly
Right-of-way North 72°14'20" East 1600.52 feet to the POINT OF BEGINNING.
Containing 126 acres more or Tess.
The above description was compiled or calculated from existing available record
information and not a field survey by Rick Engineering Company
C 6 C
Chris D. Ciremele 1-24-94
L.S. 5267 (Job No. 12174)
feet to the Northerly Right-of-way line of said 24th Street; thence along said Northerly
Right-of-way North 72°14'20" East 1600.52 feet to the POINT OF BEGINNING.
Containing 126 acres more or less.
The above description was compiled or calculated from existing available record
information and not a field survey by Rick Engineering Company
Chris D. Ciremele 1-24-94
L.S. 5267 (Job No. 12174)
EXHIBIT A
LEGAL DESCRIPTION
SUBAREA 2 OF HARBOR DISTRICT PRELIMINARY REDEVELOPMENT PLAN
Those properties located in the City of National City, County of San Diego, State of
California, described as follows:
Beginning at Point "A", as described in Subarea 3 of Harbor District Preliminary
Redevelopment Plan; thence Westerly along the Northerly Right-of-way of 24th Street
South 72°14'20" West 389.83 feet to a point on the Westerly Right-of-way of
Harrison Avenue, said point being the TRUE POINT OF BEGINNING; thence continuing
along the Northerly Right-of-way of said 24th Street South 72°14'20" West 1210.69
feet to the Easterly Right-of-way of Tidelands Avenue; thence Northerly along the
Easterly Right-of-way of said Tidelands Avenue North 15°00'40" West 15.02 feet;
thence leaving said Right-of-way along the Northerly Right-of-way of 24th Street
South 72°14'20" West 360.37 feet to an angle point in said Northerly Right-of-way
of 24th Street; thence continuing along said Right-of-way South 17°45'40" East
15.00 feet; thence South 72°14'20" West 715.55 feet to the U.S. Bulkhead line as
shown on Miscellaneous Map 564; thence along said line North 06°35'32" West
314.21 feet to a point on the boundary of the San Diego Unified Port District lands;
thence along said boundary North 83°24'28" East 107.43 feet; thence North
06°35'32" West 160.57 feet to the beginning of a tangent 564.18 foot radius curve
concave Southeasterly; thence Northeasterly along the arc of said curve through a
central angle of 74° 24' 15" a distance of 732.64 feet; thence North 06°35'32" West
1037.74 feet; thence North 83°24'28" East 269.08 feet; thence North 06°35'32"
West 1587.95 feet; thence North 83°24'28" East 583.96 feet to a point on the
Westerly Right-of-way line of Tidelands Avenue; thence leaving said Port District lands
along said Westerly Right-of-way line of Tidelands Avenue North 10°03'44" East
365.20 feet to the Northerly Right-of-way line of Civic Center Drive (formerly 13th
Street); thence along said Northerly Right-of-way North 72°14'20" East 102.64 feet
to the centerline of Harrison Avenue; thence Southerly along said centerline South
17°45'40" East 3301.70 feet to the Northerly Right-of-way line of 23rd Street;
thence along said Northerly Right-of-way line of 23rd Street South 72°14'20" West
40.00 feet to the Westerly Right-of-way of Harrison Avenue; thence along said
Westerly Right-of-way South 17°45'40" East 330.20 feet to the TRUE POINT OF
BEGINNING.
Containing 113 acres more or less.
The above description was compiled or calculated from existing available record
information and not a field survey by Rick En ineering Company.
CJui a, 1) . CLAeNvxf
Chris D. Ciremele 1-24-94
L.S. 5267 (Job No. 12174)
EXHIBIT A
LEGAL DESCRIPTION
SUBAREA 3 OF HARBOR DISTRICT PRELIMINARY REDEVELOPMENT PLAN
Those properties located in the City of National City, County of San Diego, State of
California, described as follows:
Beginning at the intersection of the Southerly Right-of-way of 8th Street and the
Westerly Right-of-way of Interstate 5; thence along said Westerly Right-of-way the
following courses: South 17°45'09" East 150.03 feet; thence South 12°04'00" East
100.63 feet; thence South 08°26'44" East 284.00 feet; thence South 13°50'25"
West 152.72 feet; thence South 16°06'34" West 332.55 feet; thence South
17°45'40" East 186.36 feet; thence South 08°23'31" West 499.35 feet; thence
South 15°38'16" West 108.99 feet; thence South 20°20'00" West 89..72 feet;
thence South 49°07'00" West 25.00 feet; thence leaving said Westerly Right-of-way
South 06°41'56" East 233.21 feet to an angle point in said Westerly Right-of-way;
thence continuing along said Westerly Right-of-way the following courses: South
17°45'40'. East 604.39 feet; thence South 26°30'24" East 52.61 feet; thence South
17°45'40" East 2245.01 feet; thence South 02°39'23" East 333.59 feet; thence
South 52°52'19" West 24.46 feet; thence South 72°14'00" West 260.17 feet to
a point on the Northerly Right-of-way of 24th Street, said point herein after referred
to as Point "A"; thence along said Northerly Right-of-way of said 24th Street South
72°14'20" West 389.83 feet to a point on the Westerly Right-of-way of Harrison
Avenue; thence along said Westerly Right-of-way of Harrison Avenue North
17°45'40" West 330.20 feet; thence leaving said Westerly Right-of-way North
72°14'20" East 40.00 feet to the centerline of said Harrison Avenue; thence along
the centerline of said Harrison Avenue North 17°45'40" West 3301.70 feet to the
Northerly Right-of-way of Civic Center Drive (formerly 13th Street); thence along said
Northerly Right-of-way North 72°14'20" East 44.45 feet to a point on the Westerly
Right-of-way of the Atchison Topeka and Santa Fe Railroad; thence. along said
Westerly Right-of-way North 05°48'13" East 67.47 feet to the beginning of a tangent
5679.65 foot radius curve concave Westerly; thence Northerly along said curve
through a central angle of 02°29'39" an arc distance of 247.24 feet to an
intersection with the centerline of 12th Street (now closed); thence leaving said
Westerly Railroad Right-of-way along said centerline North 72°14'20" East 474.70
feet to the Westerly Right-of-way of McKinley Avenue; thence along said Westerly
Right-of-way North 17°45'40" West 40.00 feet to the Northerly Right-of-way of 12th
Street; thence along said Northerly Right-of-way North 72°14'20" East 40.00 feet
to the centerline of McKinley Avenue (now closed); thence along said centerline North
17°45'40" West 330.37 feet to the Northerly Right-of-way of 11th Street (now
closed); thence along said Northerly Right-of-way North 72° 14'20" East 290.25 feet
to the Westerly Right-of-way of Taft Avenue; thence along said Westerly Right-of-way
North 17°45'07" West 910.30 feet to the Southerly Right-of-way of 8th Street;
thence along said Southerly Right-of-way North 72°14'25" East 466.14 feet to the
POINT OF BEGINNING.
Containing 78 acres more or less.
The above description was compiled or calculated from existing available record
information and not a field survey by Rick Engineering Company.
Chid. CVf
Chris D. Ciremele 1-24-94
L.S. 5267 (Job No. 12174)
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BOUNDARY PLAT FOR
NATIONAL CITY HARBOIR DISTRICT
PRELIMINARY INAIRY REDEVELOPMENT PLAN
EXHIBIT C
PUBLIC FACILITIES AND
INFRASTRUCTURE IMPROVEMENTS PROJECTS
Project Description:
Public Facilities/Infrastructure Improvement project to be constructed/implemented during the
life of the Redevelopment Plan shall include but not he limited to:
STREET IMPROVEMENT'S: Street improvements, including but not limited to street
construction, median construction, drainage improvements, landscaping and street furniture
throughout the Project Area and the construction of additional streets to improve circulation.
II 'TRAFFIC SIGNAL., "TRAFFIC CALMING, PARKING & LIGHTING
IMPROVEMENTS: To facilitate improved circulation flow and reduce traffic congestion for
motorists, pedestrians and bicyclists.
III PARK ANI) RECREATION IMPROVEMENTS, LIBRARY AND ARTS FACILITIES:
To provide safe, attractive, and well -maintained park and recreation facilities for the public by
rehabilitating and/or installing improvements and amenities at parks, recreation and open space
locations throughout the Project Area.
IV CAPITAL FACILITY IMPROVEMENTS: 'l'o develop and rehabilitate community
facilities to meet the needs of the City's residents.
V ECONOMIC DEVELOPMENT: Public facility and infrastructure improvements
within the Project Area to facilitate a more robust economic environment and to increase
commerce.
VI HOUSING PROGRAMS: To preserve, rehabilitate, increase and improve the
community's supply of housing affordable to very low, low and moderate income households
and to increase opportunities for home ownership throughout the Project Area.
VII PUBLIC SAFETY ANI) SECURITY: To provide physical and technological
enhancements to enhance public safety and protection. Examples of such improvements may
include but are not limited to fencing of properties, the rehabilitation or construction of police
storefronts, physical and technological improvements at Police Station(s) and Fire Stations
within the Project Area.
tide redcvelopnrnm'cnrr ponden.chcdc'.aepneal plan a ner,
:4dplan o.nhdrah do.
-
Adopted _,-_ '07
EXHIBIT D
LOCATION OF REAL PROPERTY POTENTIALLY
SUBJECT TO ACQUISITION BY EMINENT DOMAIN
Pursuant to Section 603 of this Plan, the CDC may acquire the following properties through the
use of eminent domain:
Existing Area (as defined in Section 300 of this Plan)
• All parcels located immediately east and adjacent to National City Boulevard, between
Division Street and the south City limits.
• All parcels located immediately west and adjacent to National City Boulevard, between
Division Street and State Route 54.
• All parcels located immediately west and adjacent to Civic Center Drive, between Interstate 5
and National City Boulevard.
• All parcels located immediately south and adjacent to Civic Center Drive, between Interstate
5 and National City Boulevard.
• All parcels located immediately north and south and adjacent to 8th Street, between Interstate
5 and "D" Avenue.
Added Area (as defined in Section 300 of this Plan)
All property in the Added Area, excepting the San Diego Unified Port District property.
IN EXISTING AND ADDED AREAS, SINGLE-FAMILY AND MULTI -FAMILY
RESIDENTIAL PROPERTIES ARE SPECIFICALLY EXCLUDED FROM THE USE OF
EMINENT DOMAIN. The residential exemption applies to those single-family and multi -family
residences that arc:1) a lawful conforming use or lawful nonconforming use as a residence;2) a
dwelling as defined by National City Municipal Code section 18.04.208 as it currently exists or is
hereafter amended; and 3) the primary intended use of the structure is for a residential use.
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