HomeMy WebLinkAbout2007 07-17 CC CDC AGENDA PKTAgenda Of A Regular Meeting - National City City Council /
Community Development Commission of the City of National (.'ity
Council Chambers
Civic Center
1243 National City Boulevard
National City, California
Regular Meeting - Tuesday — July 17, 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 CALF,
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 are of a
demonstrated emergency or urgent nature.
Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in
compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (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 Afeetings. Audio
headphones are availahle in the lobby at the beginning of the meetings.
Audio interpretacion en espartol se proporciona durante sesiones del Consejo MunicipaL Los audiofonos
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 WEBSfTE AT www.ci.nationalcity.ca.us
CITY COUNCIL/COMMMUNITY
DEVELOPMENT COMMISSION AGENDA
7/17/07 - Page 2
CITY COUNCIL
PRESENTATIONS
1. Metro Commission/JPA Budget Report — Doug Wilson, Treasurer of Metro
Commission/JPA
2. Employee of the Month Program (July) — Police Officer Damian Ballardo
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.
Approval of the Minutes of the Adjourned Regular Meeting of May 29, 2007
and the Regular meeting of June 19, 2007 of the City Council/Community
Development Commission (City Clerk)
4. 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)
5. Resolution of the City Council of the City of National City authorizing the
City Engineer to approve installation of a crosswalk for the east leg of the
intersection of Stockman Street and Cagle Street and a cross traffic
intersection waming sign for the northbound approach. (Community
Services Department, TSC Item No. 2007-20) (Engineering)
6. WARRANT REGISTER # 48 (Finance)
Ratification of Demands in the amount of $1,220,033.65.
7. WARRANT REGISTER # 49 (Finance)
Ratification of Demands in the amount of $677,683.13.
CITY COUNCIUCOMMMUNITY
DEVELOPMENT COMMISSION AGENDA
7/17/07 - Page 3
CONSENT CALENDAR (Cont.)
8. Temporary Use Permit — 15 Minutes of Fame Event hosted by 10 News &
Azteca America San Diego at Kimball Park on August 25, 2007 from 2:00
p.m. to 6:00 p.m. (Building and Safety)
9. Neighborhood Council's Monthly Report for June 2007. (Community
Services)
PUBLIC HEARINGS
10. Public Hearing — Street vacation to close an unimproved portion of
Cleveland Avenue and an unimproved alley, south of Bay Marina Drive and
east of Marina Way. Applicant: Community Development Commission.
(Case File No. 2007-27 SC, APNs 559-117-10, -14, -15) (Planning)
11. Public Hearing — Conditional Use Permit for a recycling facility behind the
Foodland grocery store at 303 Highland Avenue. (Applicant: Southwest
Recycling) (Case File 2007-04 CUP) (Planning)
12. Public Hearing on the allocation of Program Income and unallocated funds
in HOME Investment Partnership Act (HOME) Program. (Grants & Housing
& City Manager)
13. Public Hearing to consider the report required by Health and Safety Code
Section 5473, Et Seq. pertaining to the collection of sewer charges on the
tax roll, directing the City Clerk to file said report with the San Diego County
Auditor and directing the Finance Director to certify with the San Diego
County Auditor the "Sewer Service Charge Fund." (Public Works) **Refer to
Item #16**
14. Public Hearing of the City Council of National City regarding the levy of self
assessments for Landscape Maintenance District No. 1 — Mile of Cars
(Community Benefit District) to fund enhanced median and frontage
improvements, including landscaping and irrigation, painted crosswalks and
colored concrete hardscape, and ongoing maintenance for graphic panels,
banners, signage, and street furniture. (Redevelopment Division) **Refer
to Item #15
CITY COUNCIL/COMMMUNITY
DEVELOPMENT COMMISSION AGENDA
7/17/07 - Page 4
NON CONSENT RESOLUTIONS
15. Resolution of the City Council of the City of National City approving the
Diagram and Assessment Engineer's Report and providing for the levy and
collection of self assessments for Landscape Maintenance District No. 1 —
Mile of Cars (Community Benefits District) to fund enhanced median and
frontage improvements, including landscaping and irrigation, painted
crosswalks and colored concrete hardscape, and ongoing maintenance for
graphic panels, banners, signage and street furniture. (Redevelopment
Division) **Refer to Item #14**
16. Resolution of the City Council of the City of National City adopting the report
required by Health and Safety Code Section 5473, Et Seq. pertaining to the
collection of sewer charges on the tax roll, directing the City Clerk to file said
report with the San Diego Auditor and directing the Finance Director to
certify with the San Diego County Auditor the "Sewer Service Charge Fund."
(Public Works) **Refer to Item #13**
17. Resolution of the City Council of the City of National City approving the
Memorandum of Understanding (MOU) between the City and the National
City Municipal Employees' Association. (Human Resources)
ORDINANCE FOR ADOPTION
18. 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)
COMMUNITY DEVELOPMENT COMMISSION
CONSENT CALENDAR
19. Ratifications of Expenditures of the Community Development Commission:
Expenditures for the Period of 06/15/07 through 06/28/07 of $335,867.99.
(Community Development Commission/Finance)
CITY COUNCIUCOMMMUNITY
DEVELOPMENT COMMISSION AGENDA
7/17/07 - Page 5
CONSENT CALENDAR (Cont.)
20. Resolution of the City Council of the City of National City approving the
adoption of the National City Housing Rehabilitation Program Guidelines.
(Community Development Commission/City Manager)
PUBLIC HEARING
21. Public Hearing of the Community Development Commission of the City of
National City regarding levy of self assessments for the Downtown National
City Property Business Improvement District (Morgan Square Community
Benefit District) to fund ongoing maintenance and operations (Public Rights
of Way and Sidewalk Operations, District Identity and Streetscape
Improvements, Administration and Corporate Operations, and the District's
Reserve Fund). (Economic Development Division) **Refer to Item #22**
NON CONSENT RESOLUTION
22. Resolution of the Community Development Commission of the City of
National City confirming and approving the Diagram and Assessment
Engineer's Report and providing for the levy of the Annual Assessment in
the Downtown National City Property Business Improvement District
(Morgan Square Community Benefit District). (Economic Development
Division) **Refer to Item #21**
NEW BUSINESS
23. Report — Submission of Fiscal Year 2006-2007 Downtown National City
Property Business Improvement District (Morgan Square Community
Benefit District) Annual Budget, list of Board of Directors, 2006 and 2007
Profit and Loss Statements, and the 2006 Independent Auditor's Report.
(Economic Development Division)
24. Report on the Work Plan for the Westside Neighborhood Brownfield
Assessment project being funded by a $200,000 grant from the United
States Environmental Protection Agency. (Redevelopment Division)
CITY COUNCIL/COMMMUNITY
DEVELOPMENT COMMISSION AGENDA
7/17/07 - Page 6
STAFF REPORTS
MAYOR AND CITY COUNCIL
ADJOURNMENT
Next Regular City Council and Community Development Commission
Meeting - Tuesday — August 7, 2007 - 5:00 p.m. — Council Chamber -
National City.
TAPE RECORDINGS OF CITY COUNCIL/COMMUNITY
DEVELOPMENT COMMISSION MEETINGS ARE AVAILABL
FOR SALE IN THE CITY CLERK'S OFFICE:
ITEM #1
7/17/07
Metro Commission/JPA Budget Report —
Doug Wilson, Treasurer of Metro Commission/JPA
ICI #2
7/17/07
City of National City
Human Resources Department
140 East 12"' Street, Suite B
National City, California 91950-3312
Phone No. (619) 336-4300
Fax No. (619) 336-4303
MEMORANDUM
July 2, 2007
TO Chris Zapata, Ci anager
FROM Stacey Stevenso , uman Resources Director
SUBJECT EMPLOYEE O E MONTH PROGRAM
The Employee of the Month Program communicates the City's appreciation for outstanding
performance. In doing so, it recognizes employees who maintain high standards of personal
conduct and make significant contributions to the workplace and community.
The employee to be recognized in July 2007 is Officer Damian Ballardo.
By copy of this memo, the employee is invited to attend the Council meeting on Tuesday,
July 17, 2007, to be recognized for his achievement and service.
Attachment (1)
xc: Officer Damian Ballardo
Police Chief
Councilmember Natividad
Dionisia Trejo — Mayor/Council Office
Human Resources — Office File
SS:Im
Performance Recognition Program (2)
® Recycled Paper
City of National City
Performance Recognition Award
Nomination Form
I nominate K^°• SFr. c- -Dtk n.P.+-3 Ziet_A_pta-cle.
for the Performance Recognition Award for the following reasons:
Please state reason why your nominee should receive an award, (i.e., examples of service
beyond requirements of position, exemplary service to the public, outstanding job performance,
etc). Do not to exceed 150 total words. Please be as specific as possible when giving your
examples.
Officer Ballardo is a K-9 handler who'consistantly portrays professionalism on a daily
basis, he is a born leader and enjoys serving the community of National City. Officer
Ballardo's dedicated regard for the citizens of National City is apparent by the number of
high profile arrests he makes, giving the city and the police department outstanding
recognition in the local media.
In April of this year, Officer Ballardo assisted SDSO in the apprehension of four
attempted homicide suspects located at Plaza Bonita. One of the suspects escaped during
the apprehension and Officer Ballardo, using his K-9, tracked down and apprehended
the suspect who was hanging on a limb of a tree in the Sweetwater River struggling for
his life (suspect could not swim). So, not only did Officer Ballartdo apprehend the fourth
suspect, but he also saved the suspect from drowning.
In May of this year, Officer Ballardo located and arrested a parolee -at -large responsible
for numerous robberies in Chula Vista, San Diego and here in National City. Ile located
the suspect while on routine patrol shorly after a robbery' had occurred. Officer Ballardo
deployed his K-9 for the apprehension of the suspect and the recovery of the stolen
merchandise.
On June 20th 2007, Officer Ballardo heard (over the radio) an allied agency requesting
the assistance of a K-9, fur the apprehension of a parolee -at -large who was being chased
by police during the commission of an auto theft. The suspect lead police on a chase
while armed with a 45 Cal. Handgun. Officer Ballardo depolyed his K-9 and
apprehended the suspect.
The list of great accomplishments go on for Officer Ballardo, but I know I am Limited by a
word count. Officer Ballardo is an outstanding police officer, a mentor, a roll model and
a great asset to the City of National City.
FORWARD COMPLETED NOMINATION TO:
National City Performance Recognition Program
Human Resources Department
Nominated b �ki &LA-04w,. Qa,ibit'l "t' s4Qao ,
Signature:_ Date: Ott. \ tcl\o-i
Perimmancc Rio; moon rr�.r.,m (4)
ITEM #3
7/17/07
Approval of the Minutes of the Adjourned Regular Meeting of May 29,
2007 and the Regular meeting of June 19, 2007 of the City
Council/Community Development Commission
(City Clerk)
ITEM #4
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
7/17/07
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
City of National City, California
COUNCIL AGENDA STATEMENT
.1EETING DATE July 17, 2007
AGENDA ITEM NO.
/ ITEM TITLE
Resolution of the City Council of National City authorizing the City Engineer to approve installation of a
crosswalk for the east leg of the intersection of Stockman Street and Cagle Street, and a cross traffic
intersection warning sign for the northbound approach (Community Services Department, TSC Item No.
2007-20)
PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382
EXPLANATION
Please see attached.
Environmental Review X N/A
MIS Approval
Financial Statement
N/A
Approved Br
Finance Director
Account No
STAFF RECOMMENDATION
Adopt the Resolution.
',6441.-2.
BOARD / COMMISSION RECOMMEDATION
At their meeting on June 13, 2007 the Traffic Safety Committee approved the staff recommendation to
install a crosswalk for the east leg of the intersection of Stockman Street and Cagle Street, and a cross
traffic intersection warning sign (W2-1) for the northbound approach.
ATTACHMENTS (Listed Below) Resolution No.
1. Explanation
2. Exhibit — Recommended Improvements
3. Staff Report to the Traffic Safety Committee
A-200 (Rev. 7/03)
Explanation
National City Community Services explained that several Sweetwater Heights Neighborhood
residents have safety concerns regarding the intersection of Stockman Street and Cagle
Street. They mentioned that excessive speeds have contributed to several accidents. They
are concerned for the safety of the children in the area. Currently the intersection is Stop
controlled for the southbound approach on Stockman Street, and the eastbound and
westbound approaches on Cagle Street. The northbound approach on Stockman Street is
uncontrolled. Pedestrian volume counts indicate that most pedestrians cross the east leg of
the intersection.
Staff visited the site and obtained traffic volume and accident data to conduct a formal All -Way
Stop Warrant Analysis. According to City Council Policy, a total of 30 points out of 50 is
required to justify installation of All -Way Stop control at an intersection. Warrants to be
considered include:
1. Through street conditions,
2. Accident records,
3. Traffic and pedestrian volumes,
4. Unusual conditions such as proximity of schools, fire stations, vision obscurement, etc.
Review of police accident records indicated that there were two reported accidents at/near the
intersection of Stockman Street and Cagle Street within the past two years. The first accident
involved a vehicle traveling northbound on Stockman Street that crashed into a retaining wall
at the northeast corner of the intersection at approximately 3:00am. The second accident
occurred on Cagle Street, 140 feet east of Stockman Street. A pedestrian crossing Cagle
Street midblock was injured by a vehicle traveling eastbound on Cagle Street at approximately
8:00am. The driver's vision was said to be obscured by the sun.
Upon completion of the warrant analysis, staff determined that 11 points were achieved (out of
a total of 50 points). Therefore, staff does not recommend installation of All -Way Stop control
at this location.
Staff also obtained daily speed data on Stockman Street for the uncontrolled northbound
approach of the intersection. The speed data indicates that the 85% percentile speed (speed
at or below which 85% of all vehicles surveyed were traveling) was 27 mph for northbound
traffic. The posted speed limit along Stockman Street is 25 mph.
To improve driver awareness of pedestrians and cross traffic at the intersection of Stockman
Street and Cagle Street, staff recommends installation of a crosswalk for the east leg of the
intersection, and a cross traffic intersection warning sign (W2-1) for the uncontrolled
northbound approach. -
TSC 2007-20
RESOLUTION NO. 2007 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AUTHORIZING
THE CITY ENGINEER TO INSTALL A CROSSWALK
FOR THE EAST LEG OF THE INTERSECTION OF
STOCKMAN STREET AND CAGEL STREET, AND
A CROSS TRAFFIC INTERSECTION WARNING SIGN
WHEREAS, several Sweetwater Heights Neighborhood residents have expressed
safety concerns regarding the intersection of Stockman Street and Cagle Street due to vehicles
driving at excessive speeds that have contributed to several accidents at the site; and
WHEREAS, on -site inspection and traffic volume and accident data did not meet
the requirements for a formal All -Way Stop control at the intersection; and
WHEREAS, to improve driver awareness of pedestrians and cross traffic at the
intersection, staff recommends the installation of a crosswalk for the east leg of the intersection,
and a cross traffic intersection waming sign for the uncontrolled northbound approach; and
WHEREAS, at its meeting on June 13, 2007, the Traffic Safety Committee
approved the installation of a crosswalk for the east leg of the intersection Stockman Street and
Cagel Street, and a cross traffic intersection waming sign for the uncontrolled northbound
approach.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the City Engineer to install a crosswalk for the east leg of the
intersection of Stockman Street and Cagel Street, and a cross traffic intersection warning sign for
the uncontrolled northbound approach.
PASSED and ADOPTED this 17th day of July, 2007.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Exhibit — Recommended Improvements
NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR JUNE 13, 2007
ITEM TITLE: REQUEST FOR ALL -WAY STOP CONTROL AT THE
INTERSECTION OF STOCKMAN STREET AND CAGLE
STREET (BY: RESIDENTS OF SWEETWATER HEIGHTS
NEIGHBORHOOD COUNCIL)
PREPARED BY: Stephen Manganiello, Engineering Department
DISCUSSION:
National City Community Services explained that several Sweetwater Heights
Neighborhood Council residents have safety concerns regarding the intersection of
Stockman Street and Cagle Street. They mentioned that excessive speeds have
contributed to several accidents. They are concemed for the safety of the children in
the area. Currently the intersection is Stop controlled for the southbound approach
on Stockman Street, and the eastbound and westbound approaches on Cagle
Street. The northbound approach on Stockman Street is uncontrolled.
Staff visited the site and obtained traffic volume and accident data to conduct a
formal All -Way Stop Warrant Analysis. According to City Council Policy, a total of 30
points out of 50 is required to justify installation of All -Way Stop control at an
intersection. Warrants to be considered include:
1. Through street conditions,
2. Accident records,
3. Traffic and pedestrian volumes,
4. Unusual conditions such as proximity of schools, fire stations, vision
obscurement, etc.
Review of police accident records indicated that there were two reported accidents
at/near the intersection of Stockman Street and Cagle Street within the past two
years. The first accident involved a vehicle traveling northbound on Stockman Street
that crashed into a retaining wall at the northeast corner of the intersection at
approximately 3:O0am. The second accident occurred on Cagle Street, 140 feet east
of Stockman Street. A pedestrian crossing Cagle Street midblock was injured by a
vehicle traveling eastbound on Cagle Street at approximately 8:00am. The driver's
vision was said to be obscured by the sun.
Upon completion of the warrant analysis, staff determined that 11 points were
achieved (out of a total of 50 points). Therefore, staff does not recommend
installation of All -Way Stop control at this location.
ot
Staff also obtained daily speed data on Stockman Street for the uncontrolled
northbound approach of the intersection. The speed data indicates that the 85%
percentile speed (speed at or below which 85% of all vehicles surveyed were
traveling) was 27 mph for northbound traffic. The posted speed limit along
Stockman Street is 25 mph.
STAFF RECOMMENDATION:
Staff does not recommend installing All -Way Stop control at the intersection of
Stockman Street and Cagle Street, since warrants established by the City Council
are not met.
EXHIBITS:
1. Correspondence
2. Location Map
3. Photos
4. Warrant Analysis
5. Survey Data
2007-20
Page 1 of 1
Stephen Manganiello
From: Erica Belandres
Sent: Thursday, May 03, 2007 2:47 PM
To: Stephen Manganiello
Cc: Lauren Lauletta
Subject: Stockman/Cagle- SW Heights
I kilo Steve,
Residents at the Sweetwater Heights Neighborhood Council meeting brought up several traffic concerns
regarding the intersection of Stockman & Cagle. This is currently a two- way stop and residents are
requesting for the City to make this an All -Way Stop.
Vehicles use excessive speeds when driving through this area and several accidents have been reported.
Residents are concerned about their safety and the safety of the children in the area.
This is another area residents would like the City to focus on during the traffic study.
We suggested that residents fill out a Traffic Safety Committee form hut opted to go through
Neighborhood Council.
Thanks,
Erica
9
5/3/2007
Intersection of Stockman Street & Cagle Street (looking north)
i
POLICY FOR
4-WAY STOP CONTROL
I. PURPOSE
Ot
A fully justified, properly installed four-way stop can effectively assign right-of-way, reduce
vehicle delay and decrease accidents. Generally, a four-way stop is reserved for use at the
intersection of two through highways, and only as an interim traffic control measure prior
to signalization.
2. GENERAL
The posting of an intersection for four-way stop control should be based on factual data.
Warrants to be considered include:
1. Through street conditions.
2. Accident records.
3. Traffic and pedestrian volumes.
4. Unusual conditions such as proximity of schools, fire stations, vision obscurement,
etc.
Points are assigned to each of these warrants. The total possible points is 50. The
installation of four-way stop control is justified with a total of 30 points.
T!IROIIGH STREET WARRANT
One of the approaching streets to the intersection must be a through highway before the
intersection can be considered for four-way stop control. A through highway shall extend
at least one rnile in both directions from the intersection under consideration, and shall meet
the conditions set forth on Page 8, Section Hof the Highway Capacity Manual, 1965_
A. If only ouc of the intersecting streets is a through highway. 1-3 Pts.
If both streets are through highways. 3-5 Pts.
Maximum 5 points.
4. ACCIDENT WARRANT
Two points are assigned for each accident susceptible to correction by four-way stop control
during one full year prior to the investigation.
Maximum 14 points.
UNUSUAL CONDITION WARRANT
Where unusual conditions exist at the intersection such as a school, fire station, playground,
vision obscurement, etc., points are assigned on the basis of engineering judgment. Unusual
conditions shall be considered only if within 500 feet of the intersection.
Maximum 10 points.
VOLT JMI✓ WARRANT
A. Total entering vehicle volume must equal 2,000 vehicles for the four highest hours
in an average day. g y Z
B. Total side street vehicular and pedestrian volume must equal 600 minimum during
the same four hour period. 2 7 g
Points shall be assigned in accordance with the following tables:
TOTAL MINOR STREET PEDESTRIAN &
ALL APPROACHES VEHICLE VOLUME (BOTH APPROACLIES)
Highest Four Hour Volume Points Highest Four Ilaur Volume Points
0 - 1400 0 600 - 800 1
1401 - 1700 1 801 - 1200 2
1701 - 2000 2 1201 - 1400 3
2001 - 2300 "3 1401 - 1600 4
2301 - 2600 4 1601 - Over 5
2601 - 2900 5
2901 - 3200 6
3201 - 3500 7
3501 - 3800 8
3801 - 4100 7
4101 - 4400 6
4401 - 4700 5
4701 - 5000 4
5001 - 5 300 3
5301 - 5600 2
5601 - 5900 I
Over 5900 0
Maximum 13 Points
•
7. VOI.IIME SPLIT WARRANT:
Four-way stops operate best where the minor approach and the major approach volumes are
nearly equal. Points shall be assigned in accordance with the following table:
24-hour Minor Street Volume
24-Hour Major Street Volume ( %) Points
95+ 8
85 - 94 7
75 - 84 6
65-74 5
55-64) 0
45 - 54 3
35-44 2
25 - 34 1
0 - 24 0
Maximum 8 Points.
SA:jha2
polistop
177(
2 96Y
Harris & Associates
750 B Street, Suite 1800, San Diego, CA 92101
Counted By: Emp. 401
Location: Stockman Street & Cagle Street
Start Date: 05;30.12007
File Name: 725-31-1
Stockman. Street
Southbound
I
I
Caglc Strec:
Westbound
Stockman
Street
Northbound
Cagle Street
Eastbound
Start
Time
Len 1 Thru i Right
j
Pc;.'
Left 1
Thru 1
Righ: 1 Ped
Lett '
Thru 1 Righ: !
Ped
Left I Thru
1
Right 1
Ped
Interval
Total
7:00
01 13' 11
1
0
181
0'
0j
0
2
SI 8I
0
0
0
0
2
50
7:15
I
161
01
14!
01
:i
0'
13
1
5 7:
3
1-
0
2
4
1
67
7:30
0,
19'
0
0
ill-0
S
0
8
9;
1
01
0
3
67
7;45
0
2t
0
0
14
0
01
2
1
5
7
0
0
0
2
0
53
41
2
23
101
311
81
4
1
I.
01
0
11
71
31
7
_ 0)
237
47
Total
8.00
I
0
70
8
1;
01
I
0
67
14
0
0
01
01
20
0
8:15
1
7
0
0
11
0
0
3
0
14
8
0
0`
Oj
2.
47
8:30
1
21
0
0
71
0j
0
1
1
8.
7
0
0
0
21
3
48
0;
1'
45
8:45
0
17
0
0
10;
3
0
3
01
4'
9
0
0
0
11
0
1
42
109i
1
J
0
Oj
7
27
31
7j
36
59;
32
63
1
5
0-
1
I
81
151
2
t;
187
424
Total
Grand Total
21
3!
53:
123!
Approach%
Total%
2.31
0.7•
96.1.
29.01
0.8!
0.21
0.8
0.2
80.11
25.71
-j
-'
-1
19.9
6.4
5.2
1.7
44.01
13.91
47.01
14.9
3.7
1.2
3.8
0.21
3.8
3.2
57.7
3.5
34.6
2.1
Volume
1
70
11
67 -
- i
20
4
23
311
4
11 - 7
7
237
Approach%
1.4
95.9
1.4
1.4
77.0
- .1
23.0
6.5 1
37.1
50.0
6.5
6.7 I -
46.7
46.7
Total%
0.4
29.5 •
0.4
0.4
28.3
- -
8.4
1.7 •
9.7
13.::
1.7
0.4 -
3.0
3.0
PlIF
0.83
0.81
0.86
0.54
Report Generated by `Turn:cg Point 1rat7r Service" all righ:s reserves
Harris & Associates
750 B Street, Suite 1800, San Diego, CA 92101
Counted By: Emp. r-`03
Location: Stockman Street & Cagle Street
Start Daze: 05i301200 7
Pile Name: 725-01-2
Stockman Street
Southbound
Cagle Street
Westbound
Stockman Street
Northbound
Cagle Street
Eastbound
Star:
Left j Thru
1 Right 1 Ped
Lef:
Thru ' Right
Ped
Left r Thru Right 1
Ped
Le`: '
Thru ' Right i Ped
interval
Time
1
1
Total
1
1
I
I
16:00
0 14, 0i 0
1l!
01 JI
1
1' 141 18
0
01
01 0'
0
59
16:15
01 9! 01 0
8i
- 1 01
0
11 161 27i
0
Di
0( 0
0
61
16:30
01 81 01 0
20
1 1
0
It 16 12'
0
0'
01 li
0
60
16:45
01. 12 1 0
11
0 01
1
4 15 100
0
0 31
0
57
Total
0� 43 0 1! 0
50F1
T
2
7 617 671
0
01
01 41
0
237
17.00
01 7; 01 0
Si
11 01
0
3, 151 8
0
01
01 0
0
42
17:15
0' 131 11 0
61
0' 0
5
11 251 20i
0
Or
01 4
0
7, 5
17:30
O 7 0 - 1
7
0 0
1
4 9 181
0
0(
- 0' 1
0
48
17:45
O. 10 0 0
16,
0, 0
4
8, 18k 101
2
0
1- 4
0
73
Total
01 37 11 1
37,
1! 01
101
16j 67i 56'
2
01
11 9j
0
238
Grand Total
0 S0 21
871
2; 1
12
23' 1281 123
2
0
1� 13
0
475
Approach%
-1 96.41 2.41 1.2
85.3
2.0 1.0
11.8
8.3; 46.41 44.61
0.7
I
7.11 92.9
-
Total%
- 16.81 0.4 0.2183,
0.4'0.21
2.5
4.8 26.9 25.91
0.4
-
0.2 2.71
-
Peak hour analysis for the period 17:00 to 17:45
Volume
• 1
371i
1i
1
37'
ll
- 10
16;
671
56
2
- !
11
9
-
238
Approach%
• 1
94,9 1
2.6
2.677.1
2.1
- 20.8
11.3 1
47.5
39.7 j
1.4
- 1
10.0 I
90.0
-
I': tal%
15.5
0.4
0.4
15.5 1
Os i
42
6.7
28.2 i
23.51
0.8
-
0.4
1
3.8 ,
-
PiIP
0.70
0.60
0.77
0.50
Rcxr. Generated by "T'tn:ng Point Traff:e Service' al; rights reserved
Date: 5/30'07
NORTHBOUND
Speed Report
Site: [725.05'• Stockman Street south of Cagle Street
5 15 20 25 30 35 40 45 50 65 60 65 70
Time 14 19 24 29 34 39 44 49 54 59 64 69 74+ Total
CO GO AN
�e9 6 3 0 0 0 0 C C G rc 0 19
�g ,f3y}- 5'K)Y;:
'R'
. 2r ;! '< i•7ih�" _,x �t tL i.fe.i t '. ,, V;t1 .. 'G ~ r>- } '•'7.7g yy-� -', _ v;:K 1
02:00 0 0 1 1 1 0 3 0 C C 0 0 0 3
rt rrI r J.:,!
'd' n yp,T+'- C lv Vt t• J4AC - a �Rf t. ✓ J' .` i,1A.a^__.ut -2' �'..snr, r >I! `" i tieitj�,•, t.iN.� i.a" 3'M
.Q�FV4S;-'!:'`.fi.si'^'it1i�...���ii�..:. 4"�Y;>6�.�iK: 'll'.:X ; lrq .....:. .>iiii�("".u��..6�;Si.:4.k� it 9ra�:� ��A`�`U.at
04 00 � �r 0 0 c o 0 0 0 0 c 1
r i�(f{OY et [ .t,fdRi. gT y r> S Y�Z X . t .'�e'1 !rY: ''f. Z
. ?4?1=t•.. _ . �;4N.'KSi:r> u..>., .rE "� ;7.rt .l..rti ..,n, w'. yr. a• i.P r3,L _•'.:1��
06 00
3 8 11 4 2 0 C 0 0 0 0 0 0 28
t ' S r 1 f o F'. a/ dt h s . •e '� ' p t i.. .
a�����e3-y.�i�'AJstlias.�?�18'�r;�,.y���-?a'�i:�nm '1?a`.t-°;. F ?;i: 7�' ."b.�,",;�����t"�'r�.w'��s..r f'+',�.>1w�'�.}..�;�_. , ri�JFs�
08 00 7 27 22 12 6 0 1 0 0 0 0 0 0 75
r l'F w r x < v il. r f t !a .. 5 v. a ' E. G
F L SK" ?'7PeP• Y � r 1� ^t i � O,J �" .'�'E.��
1000 1 18 2 8 6 0 0 0 0 0 C 0 0 54
v` e - G. Y r C S M7." a Y 4:+4 r " ti V' d "-.$„ L is '4 .�. ': ,4- < i
�'�r �,Jy7 ':rMi ��+`'��.�.s5e�l�.�. �'�'zs .,.v.��:'.'�'�ra.:.�.da.z.. -�a`Y. ����.�+�5� * i:.•. .. nt�tlFinrrc.<.�
12 00 PM 4 27 24 16 2 0 0 0 C G C C 0 73
wi.Y�.. ,�{:'rti<`�i:a. r. ? �`�;'v'�fi�F,..3e'�aYo,,:.r�i?sAiCe1:�.i6.''�4F,t�L:4�;]{Y y`�'r �..'2�4....,� i�' t1,�.'�lV,r''.�..5 `!'�.�a%t. v.:4.`�yi<.:.
14:00 7 30 44 �23 2 0 0 0 ���u 0 C 0 0 �0 106
��� y� y' yr y,. `tT K"; > 2itt :ij gi x. w� .. j17 tZ tY. n: b hiT+y '(b'ssyr V� .:}�{% >k,.: t,,,li Y
a e,'Ayr �' ,?r'A-S 3 �`_j� .I :Ktt�ti� �ii '2♦♦ wk 1%' � s1i 4a iP' jy�� 'e '�iVY. .h�.N.`���',i1�... xQ a:P^.>�:E 0 �'.�!:
�f� .+> k' ... Ors t i ,�.. H +. `n€ 9 b a. � a stY�.i a.<
16:00 6 36 55 25 6 g1 C C 0 0 0 0
0 129
a 'i i 3 ^ r .l y 'i _ a.X i v r k'iy."i.. 'y}M" �M 'lam fg U+at,es'Sf1 t� Ye, sfitk
���i�.(.�.ae?4•f�?t':' .., �....ir�i� :�5. '��;�Y%a�t ,_Y1 1.�e"i-�� iL�3f�.. a.'�r�` ' . �'k'�`...r,•"
18:00 44 47 47 33 8 C C 0 0 0 0 0 yCr 136
°� 2 V r.4.'Y.`e'v. .tx"r. r 'Rti' p4y 'dct+y' `,::I Y:'4 ?Q..,`,1* . ;F.:... t .s `.�l.Wii -.' o 'IGt. :1.,c`4..k�i_. r. _. -c yy�,yt y ..��y.,a�.,� �w r > r •E ,�,�j I .t. r � M
�.�tl•UV'�9R". .`�y'y,< l i.� �. v .t .v is -'� ,�17.��:
20 00 6 45 36 17 0 0 0 0 0 0 0 C 108
> e�rny - .,• s e.,, W �*y/ys-1 x t"< ' t.��``^^' q�.�dq'.yy�p�"�y u< �� om. y�
'. 1 a s 17.: �.5.13ei 7k: r c.%., 4',- :, _�N.:; __.'.. P (,�.rinW vide''.ffiT.✓+7wAt, T�3,4211•,:\4',rJ :. 1*
'22:00 3 3 2,µ1N 1 t 1C 0 0 0 0 0 0 0 c 49
0 '- r..,..«1. :' ,i0 i..'✓;0'; 2^ >'li
? f i.4"r l.tr 'tTeei*,;::0. n 0.,la .:r>Tr'Lr,it iC..d d '..?s �
Totals 94 538 538 269 87 5 2 0 0 0 0 0 0 1533
% of Totals 5% 35% 353': 18°'o 6% 0% 0% :CO°b
% AM 2°': 93': 8°': 4'%0 2% 0% 7%
AM Peak Hour C7:OC 05:OC 08:00 11:CD C3:00 C7:00 C9:OC
Volume 17 27 22 _ 5 1 1
% PM 4% 27°': 27-., 14% 4...': 1% 0%
PM Peak Hour 17.00 15:CO :5:03 19:00 17:7C 15:7C 21:30
Volume 6 51 56 37 10 2. _
aeoc,t Ger.e'aled by ✓nrrg °o'n! rrsr`,c Ser:.ce: eel rgnls reser:eo
24%
09:•0C
75
76%
1500
154
Average
Speed
sOin
Percentile
e6th Percentile
21.6
21
i 27
1
Daily Vehicle Volume Report
Location:
Stockman Street north of Cagle Street
File Number: 72504
Counter ID: 91162
Report Duration:
Wednesday May 30. 2007 - 00:00 to
Wednesday May 30, 2007 - 23:59
Other Notes:
None at this time.
140
120 -
100
80
60
40
20
Graph of Totals
1111.111111.1 11111
00 0102 03 04 05 05 07 08 09 10 11121314 15 16 17 181920 21 2223
Report Generated by "Turning Point Traffic Service" al! rights reserved
North Bound South Bound i Total
Time 1 Volume Volume Volume
00:00 - 00:59 .I
8 51 13
I
01:20 - 01:59 i 2 0 2
02:00 - 02:59 2 31 5
03:00 - 03:59 2 11 3
04:00 - 04:591 0 33
1
05:00 - 05:59
3 331 36
06:00 - 06:59 , 9 46 55
07:00 - 07:59 18 74 92
08:00 - 08:59 33 56T-- 89
09:00 - 09:591 . 28 231 51
10:00 - 10:59 ) 25 281--. 53
11:00 - 11:591 34 49! 74
12:00 - 12:59 ' 35 37 72
13:00 - 13:59 30 391 69
14:00 - 14:591 51 441 95
15:00 - 15:591 77 471 124
16:00 - 16:591 64 461 110
17:00 - 17:59 I 62 44 106
18:00 - 18:59 63 51 114
19:00 - 19:59 26 45i 71
20:00 - 20:59 51 37j_ 88
21:00 - 21:591 37 171_ 54
22:00 - 22:591 17 16 33
23:00 - 23:59 14 5 19
Total 691 740L 1431
AM Peak II
Hour I 7:00
7:59
7:45 7:30
Volume
14•3704
15:291 8:2998:4344
I
14:45 .145::4445
P M Peak ,
1 .
Volume 1 15:44 1
78 54 13C
Daily Vehicle Volume Report
Location:
Cagle Street east of Stockman Street
File Number: 72502
Counter ID: 89316
Report Duration:
Wednesday May 30, 2007 - 00:00 to
Wednesday May 30, 2007 - 23:59
Other Notes:
None at this time.
120 F
100
r•
80 -
60
40
20
Graph of Totals
('
'r-f 1 . 1 1 1 J L 1 i 1 L 1 1 1 J 1 1 1 1
00 01 02 03 04 05 06 07 08 091011 121314 15 15 1718 19 20 21 22 23
Report Generated by "Turning Point Traffic Service" al! rights reserved
Time
00:00 - 00:59
01:00 - 01:59
02:00 - 02:59
03:00 - 03:59
04:00 - 04:59 I
05:00 - 05:59 1
06:00 - 06:59
07:00 - 07:59
08:00 - 08:59
East Bound
Volume
10
3
1
7
18
31
West Bound Total
Volume Volume
5r 15
09:00 - 09:59 1
10:00 - 10:59
34
3 6
2 3
3 3
71
29
54j
65
431
19 36
24 29I
11:00 - 11:59
12:DO - 12:59
13:00 - 13:59
14:00 - 14:59
15:00 - 15:59
16:00 - 16:59 .
26 33
37
39
40
70
65
41
33
44
50;
53
36
72
96
77
55
53
59
78
72
84
120
118
17:00 - 17:59
18:00 - 18:59
19:00 - 19:59
20:00 - 20:59
21:00 - 21:59 1
22:00 - 22:59
23:00 - 23:59
Total 1
AM Peak
Hour
Volume
PM Peak
Hour 1
Volume l
61
64
50
52
40
27
20
739
32 93
551 119
7:15
8:14
34
15:30
16:29
88
42; 92
541 106
33 73
19 46
15 35
780, 1519
6:30
7:29.
67
18:15
19:14
57
7:15
8:14
97
15:30
16:29
'37
Daily Vehicle Volume Report
Location:
Cagle Street west of Stockman Street
File Number: 72503
Counter ID: 91163
Report Duration:
Wednesday May 30, 2007 - 00:00 to
Wednesday May 30, 2007 - 23:59
Other Notes:
None at this time.
35,
15
Graph of Iota 1 s
1 1 1 1 1 1 I
00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23
Report Generated oy "Turning Point Traffic Service" all rights reserved
Time
-6R-6-L00.59
• I
01:00 - 01:59 •
02:00 - 02:59
03:00 - 03:59
04:00 • 04:59
West Bound East Bound.
Volume Volume1
5 3'
0
al
0 01
0 o'
Total
Volume
8
0
c
3
05:00 - 05:59
06:00 - 06:59
2
3
9
3
07:00 - 07:59 5 9 14
08:0C - 08:59 2 9 '1
09:00 - 09:59 5 7 12
10:00 - 10:59 3 5 8
11:00 - 11:59 . 5
12:00 - 12:59 1 41-- 5
13:00 - 13:59 1 7 3: 10
14:00 - 14:59 . 13 61 19
—
15:00 - 15:5f9 1 8 141 22
16:00 - 18:59 i 4 10 14
17:00 - 17:591 12 20 --32
18:00 • 18:59 12 71 19
19:00 - 19:59 I 6 7, 13
20:00 - 20:59 ! 7 6 13
21:00 - 21:59 9 41 13
22:00 - 22:59 2 1 • 3
23:0C - 23:59 4 6 10
Total 113 139 252
71 12
AM Peak
How' .
Volume
PM Peak!
Hour
Volume
0:00
0:59
5
13:45
14:44
16
7:15
8:141
131
17:151
18:14
211
7:15
8:14
16
17:15
18:14
36
:ETING DATE July 17, 2007
City of National City, California
COUNCIL AGENDA STATEMENT
AGENDA ITEM NO. 6
ITEM TITLE
WARRANT REGISTER # 48
PREPARED BY
D. Gallegos -Finance
EXPLANATION
DEPARTMENT
Finance
Tess E. Limfueco
619-3364330
Ratification of Warrant Register # 48 per Government Section Code 37208.
CEnvironmental Review
(-Financial Statement
Not applicable.
>STAFF RECOMMENDATION
I recommend ratification of these warrants for a total of $ 1,220,033.65
_ N/A
Approved By:
BOARD / COMMISSION
OMMENDTION
ATTACHMENTS ( Listed Below )
1. Warrant Register #48
2. Workers Comp Warrant Register dated 5/30/07
3. Payroll register dated 5/30/07
A 20C IG 99
F • ance Director
Account No.
Resolution No.
City of National City
WARRANT REGISTER N 48
6/5/2007
PAYEE
GONZALES
ARJ►S
BAJA PARTS & EQUIPMENT, INC.
RANC OF AMERICA PI JRI.IC &
RANK OF AMERICA
BLACKIE'S TROPHIES AND AWARDS
BONTCY
BRATTIN MOTORS!
BSN SPORTS
CESNAUSKUS
CITY OFCINILA VISTA
CORPORATE EXPRESS
COUNTY OF SAN DIEGO
CRAWFORD
CWI?A
DAPPER TIRE COMPANY
DATA TICKET INC
I)AVIES
DELL MARKETING CORP
DISCOUNT SPECIALTY CHEMICALS
DIXIELINE LUMBER CO.
DOKKEN ENGINEERING
1")IJRRA INK
ENTERPRISE GROUP
DESCRIPTION
ADV SUBSISTENCFJSMIP PROGRAM
ARJIS COSTS, JPA COSTS
CUTTING EDGE KIT W/ROLTS
CAT LOADER IiOPT LEASE PM'l't5
CREDIT CARD PYMNT
MOP 67727 NAME TAGS
REFUND CITATION P57379 DISMISS
BRAKE FLUID/SEAT. RING.OIL HETER
6 LIL' SHOOTER GOALS 10' X 5'
125 PLAN REIMBURSEMENT
ANIMAL SHELTER COSTS
MOP 45704 PRINT CTRG
MAII. PROCESSING SERVICES
125 PLAN REIMBURSEMLN I
CI;R, IFHCATE RENEWAL/SMI'11►.I.
TIRES
MAR 2007 PARKING CITATION PROCESSING
125 I'I.AN REIMBURSEMENT
IIARDDRIVE ULTRA
MAL-ODOR, PINE SCENTED MAILS
MOP >;45707 TRTD DE I&BTR
MAY 2007 SERVICES
COMMUNITY QUICK GUIDE 13ROC711JRF.
('()I'Y PAPER, RECYCLED
C:HK NO DATE AMOUN
215059 6/4/07 900.00
215060 6/5/07 658.50
215061 6/5/07 206.76
215062 6/5/07 3,077.02
215063 6/5/07 819.20
215064 6/5/07 21.55
215065 6/5/07 305.00
215066 6/5/07 1,302.68
215067 6/5/07 564.18
215068 6/5/07 527.78
215069 6/5/07 8,321.61
215070 6/5/07 2,195.19
215071 6/5/07 3,466.31
215072 6/5/07 309.33
215073 6/5/07 66.00
215074 6/5;07 139.59
215075 615/07 3,295.55
215076 6/5/07 143.80
215077 6/5/07 1,620.23
215078 6/5/07 177.69
215079 6/5/07 1,202.06
215080 6/5/07 55,181.59
215081 6/5/07 1,116.43
21508.2 6/5/07 4,404.28
1
FEDEX
FLEETPRIDE
FRANKI,TN PRODUCTS
FROMEX PHOTO & STUDIO
GALLS, INC.
GEORGE I1 WATERS NUTRITION CNT
GOLF VENITIRLS WEST
GUNDERT
HERNANDEZ
I11NDERLITER DE LLAMAS & ASSOC
I TOME DEPOT/GECF
IRON MOUNTAIN RECORDS
JODI L. DOUCETTE
LASER SAVER INC
L1LBERT CASSIDY W}IITMORE
LOPEZ
LYONS
MAGGIORA
MALLORY FIRE
MAYER REPROGRAPI TICS
MJC CONSTRUCTION
MORE DIRECT
NACOLE
NAPA VALLEY COLLEGE CJ'IC
P G AUTO PARTS
PACIFIC AUTO REPAIR
PARAGON MEDICAI.
PARRON HAIL OFFICE INTERIORS
PERAZA
PERRY FORT)
POWI•:RSTRIDL BATTERY CO INC
PROCHEM SPECIALTY PRODUCTS IN
PRUDENTIAL OVERALL SUPPLY
PUBLIC EMI' RETIREMENT SYSTEM
FEDEX CHRGS-HR TESTING MAILS
SUPPLIES - GEAR/TRW
VINYL BADGE
CI,AIM: NCPI) CASE #0402679
WORKRI'IE NOMEX
TINY 'LOTS GRADUATION FXPCS
KEY. PARALLF1.
EI)UC REIMBIRESCI JE SYSTEMS 1
EDUC REIMB/PI IC) IOGRAPHY
CONT SRVC: SALES TAX 2ND QTR
TRASH CANS & MISC SUPPLIES
RECORDS STORAGE SERVICE
TRAVEL, EXP/SPRING CONFERENCE.
MOP 45725 "TONER COMPATIBLE
I,F.GAI. SERVICES
TRANSLATION SRVCS 4/28/07
CLAIM'RLLEASE OF ALL CLAIMS
125 PLAN REIMBURSEMENT
RLSCI!EAIRE PORTABLE WIQK-F
REPRODUCTION OF PLANS, SPEC 04-8
REMOVE/REPLACE CONCRETE, BASE
PRINTER FOR EMP ID CARDS
NACOLE CPRC MEMBR 2007-2008
ADV TUITION/CERTIFIED PLAN 11
A1;1 LRNATOR
LABOR
SINGLE DOOR DOUBLE LOCK
WORKSTATIONS & CABINETS FOR PT)
REFUND/DUPLICATE PAYMENT
SI 'AFT AIBEARING/ALIGNMENT
BATTERY
FLOOR BRITE LF. 15 GAL DRT;M
MOP 45742 TOWEL BATH WHITE
SERVICE PERJOD 05-07-4
215083 6/5/07 24.75
215084 6/5/07 681.80
215085 6/5/07 234.75
215086 6/5/07 567.i
215087 6/5/07 6,101.18
215088 6/5/07 65.00
215089 6/5/07 144.27
215090 6/5/07 375.00
215091 6/5/07 109.51
7.15(192 6/5/07 4,454.1 ;
2I5093 6/5/07 489.72
215094 6/5/07 100.00
215095 6/5/07 1,588.04
215096 6/5/07 738.96
215097 6/5/07 1,300.00
215098 615/07 100.0(1
215099 6/5/07 335.00
2151(1(1 6/5/07 313.6()
215101 6/5/07 3,965..
215102 6/5/07 238.83
215103 6/5/07 2,160.00
215104 6!5/07 1,896.60
215105 6/5(07 300.00
215106 6/5/07 280.00
215107 6/5/07 1,251.69
2151(18 6/5/07 921.99
215109 6/5/07 105.75
215110 6/5/07 12,042.82
215111 6/5/07 60.00
215112 6/5/07 1,084.22
215 1 1 3 6/5/07 1,157.80
215114 6/5/07 256.11
215115 6/5/07 63.06.
Z 15 1 16 6/5'07 220,579..
PURCEI .L
RODRI(it JEZ
RUIZ
SHOEMAKER
SMART & FINAL.
SOLANO PRESS BOOKS
SONITROL OF SAN DIEGU
STEVENS CONSTRUCTION
SUN BADGE COMPANY INC.
STUN TRUST
1'S &. SIGNS
'HIE STAR NEWS
IIIOMSON WEST
TIEMAN
(IS STERLING CAPITAL CORP
VALLEY INDUSTRIAL. SPECIAI.TIF.S
VICTOR KEMP CO.
WAITS
WILLY'S ELECTRONIC SUI'PI.Y
ZAPATA
ZEE MEDICAL, INC.
REFUND/DISMISSED CITATION
ADV SUBSIST/MILEAGE-FBI ACAD
REFUND/INCORRECT SSN PAID
125 PLAN REIMBURSEMENT
MOP 45756 STORE MISC
SOLANO-REDEV 2007 SUPPLEMENT
BI JRGI .AR ALARM INSTAL .I.ATION
REMODEL OF OLD LIBRARY
MOP 45761 SUNTONI? REPAIR
NEW FIRE TRIJCK't1 LEASE I'MT//40
NAVY SHIRT, CITY LOGO
AL) OF PI IBLIC HEARING
LEGAL. PUBLICATIONS
125 PLAN REIMBURSEMENT
SETTLING CHRGS MAY 12 & 18 2007
PI.IIMBING SUPPLIES
CORNER GUARD
REIMBURSEMENT FOR PLAQIJF
MOP 45763 COMPUTER SUPPLIES
REIMS/DINNER MEETING
MEDICAL SUPPLIES
215117 6/5/07 305.00
215118 6/5/07 3,681.00
215119 6/5/07 130.00
215120 6/5/07 500.00
215121 6/5/07 30.86
215122 6/5/07 29.75
215123 6/5/07 2,335.00
215124 6/5!07 5,713.20
215125 6/5/07 148.65
215126 6/5/07 5,009.63
21517.7 6/5/07 489.99
215128 6/5/07 1,609.27
215129 6/5/07 140.29
215130 6/5/07 2,000.00
215131 6/5/07 99.27
215132 6/5/07 299.55
215133 615/07 464.48
215134 6/5/07 105.70
215135 6/5/07 477.61
215136 6507 75.04
215137 6/5107 416.00
Total 378,169.09
Workers compensation cheeks
13178 5/30/07 119.87
13179 5/30/07 53.71
13180 5/30/07 1,274.80
13181 5/30107 113.78
1.1182 5/30/07 27.84
13183 5130/07 189.34
1-3184 5/30/07 1,399.90
13185 530'07 59.29
13186 5/30/07 89.58
I + 187 5/30107 103.86
13188 5/30/07 2,390.10
13189 5/30/07 56.93
13190 5/30/07 70.19
13191 5/30/07 24.60
13192 5/30/07 39...
13193 5/30/07 1.08.78
13194 5/30/07 449.52
13195 5/30/07 199.29
13196 5/30/07 127.55
13197 5/30/17 1,009.94
13198 5/30/07 149.99
13199 5/30/07 89.57
13200 5/3(1/07 1,040.27
13201 5/30/07 190.78
13202 5/30/07 1,418.98
13203 5/30/07 134.34
13204 5/30/07 408.57
13205 5/30/07 26.71
13206 5/30/07 374.00
13207 5/30/07 16.
13208 5/30/07 280.00
1.3209 5/30/07 26.77
13210 5/30/07 16.49
1 321 1 5/30/07 12.61
13212 5/30/07 440.00
Total 12,534.15
Total 390,703.84
PAYROLL
Pav pei iod Stai Date End Date Check Date
304 05/08/07 05/21/07 05/30/07
Total. $829,329.81
GRAND TOTA1.
$1,220,033.65
4
ETING DATE July 17, 2007
City of National City, California
COUNCIL AGENDA STATEMENT
AGENDA ITEM NO.
7
ITEM TITLE
WARRANT REGISTER # 49
PREPARED BY DEPARTMENT
D. Gallegos -Finance Finance
EXPLANATION Tess E. Limfueco
619-336-4330
Ratification of Warrant Register # 49 per Govemment Section Code 37208.
2
CEnvironmental Review N/A
Financial Statement
Not applicable.
Approved By: /��[J
Finahce Director
Account No.
STAFF RECOMMENDATION
I recommend ratification of these warrants for a total of $ 677,683.13
BOARD / COMMISSION RE MMENDAT N
ATTACHMENTS ( Listed Below )
1. Warrant Register #49
2. Workers Comp Warrant Register dated 6/6/07
Resolution No.
A 200 19 99'.
Payee
ALL THE KINGS FLAGS
City of National City
WARRANT REGISTER # 49
6/ I2/2007 .
Description chk no chk date amount
CALIFORNIA FLAG
AMERICAN ROTARY BROOM CO., I SWEEPER REPAIRS
ASTRO MECHANICAL CON'I'RACTOE INSTALLATION -ELECTRIC STARTERS
AT&T/MCI
AT&T/MCI
AUSTIN DOORS
BANK OF AMERICA
BANK OF AMERICA
BEST BEST & KRIEGER I.I.P
BEST BEST & KRIEGER LLP
'IC CORPORATION
BOOT WORLD
CAPE
PRONE 339 342-2741 511-6/6/07
PHONE 619 477 9751 5/13-6/12/07
CITY-WIDE DOOR REPAIRS
('R CARD PMNT!MAYOR-COUNCIL
CREDIT CARD PYMNT
CLAIM: R LOVE V. ('ITY OF NC
CLAIM: A HUNTER V. CITY OF NC
1'I.AY SAFE! BE SAFE! KITS
MOP #64096 RIGORI{RTO CIIAVI•; .
FIRE/LTD JUNE 2007
CA ASSO OF CODE ENFORCEMENT 2007 (.'AC'EO MEMRI•RSILIP DUES
CALIFORNIA COMMERCIAL SF.C'UR MOP #45754 CARD READER DOORS
CALIFORNIA ELECTRIC SUPPLY MOP /145698 FLAG POI .E LIGHT
CALIFORNIA LAW ENFORCEMENT PD/I; TD JUNE 2007
CER
CINGUI.AR WIRELESS
CITY OF CIIULA VISTA
CORPORATE EXPRESS
COUNCIL. OF PIIILIPPINF AMERICA
COUNTY OF SAN DIEGO
COUNTY OF SAN DIEGO
CPRS
ANIEL PEAR('I:/ RPM WELDING
TNTERESI 1)EVELOPMI•:N'TS
DATA VOICE SVC 4/21-5/20/07
ANIMAL. SI ILL TER COSTS
LATERAL. FILING CABINET
REFUND/TUN FAIR & PARADE 2007
POLICE I1O'TANK MONITORING
MAIL. PROCESSING SV(' 4/16-5/15/07
CPRS NEW ML\1BERSIlIP
MOP #45749 REPAIRS
215138 6/12/07 238.87
215139 6/12/07 1,233.81
215140 6/12/07 2,370.00
215141 6/12/07 498.06
215142 6/12/07 78.51
215143 6/12/07 500.00
215144 6/12/07 3,220.63
215145 6/12/07 25.00
215146 6/12/07 5,126.11
215147 6/12/07 72.61
215148 6/12/07 60.00
215149 6/12/07 250.00
215150 6/12/07 656.00
215151 6/12/07 150.00
215152 6/12/07 1,079.36
215153 6/12/07 188.56
215154 6/12/07 1,618.50
215155 6/12/07 191.52
215156 6/12/07 2,390.70
215157 6/12/07 8,301.21
215158 6112107 2,018.94
215159 6/12/07 1,500.00
215160 6/12/07 57.50
215161 6/12/07 4,058.26
215162 6/12/07 125.00
215163 6112/07 I.778.44
1
City of National City
WARRANT REGISTER # 49
6/12/2007
Payee Description chk uo chk date amount
DAY WIRELESS SYSTEMS COMMUNICATIONS LUI)IPMENL SVC 215164 6/12/07 867.99
L)EI.TA DENTAL, DENTAL INS JUNE 2007 215165 6/12/07 16,302.70
DELTACARE (PMI)
DEPARTMENT OF TRANSPORTATIO
DIAZ
DIXIELINE LUMIBF.R CO.
EMBASSY SUITES MANDALAY 1WA
ENVIRONMENTAL. HAZARDS SERV
EXPRESS TEL
FEDLX
FEDEX KINKO'S
FERGUSON ENTERPRISES, INC
FIRST AMERICAN REAL. ESTATE SO
FON-JON KENNELS
LOBBY
GORMSFN APPLIAN(:1: CO
GRAINGER
HANSON AGGREGATES PACIFIC
IIARRIS & ASSOCIATES
HEALTH NET
HEALTH NET
HEALTH NET
HEALI'!i NET
IIOLIDAY INN - SOUTH BAY
HUNTER'S NURSERY INC.
HYDRO-S(.:APE PRODUCTS INC.
JEFFERSON PILOT FINANCIAI.
DENTAL INS PMI JUNE 2007
I IIGHWAY LIGIITLNG FOR APR 07
EDUC REIM.H/MANAGEMENT 1
MOP 45707 SMALL TOOLS
2007 CACEO ANNUAL SEMINAR
LEAD WIPE SAMPLES
PAGER SVC FOR I'D 4/20-5/20/07
FEDEX PRIORITY OVERNIGHT
C:ARDSTOCK, COLORED
MOP t;45723 1'IPF.S & VALVES
MIAIROSCAN (1) SVC - SAN I)1F.GO
KENNEL FEES FOR POLICE K9'S
2005 & 2006 PAGEANT EXPENSES
SERVICE CAI.I,
MOI' 465179 SMALL TOOLS
CEMENT SUPPLIES
TRAFFIC ENG CONSULTANT SVCS
11EALTH INS H0067A JUNE 2007
I IEALTH INS JUNE 2007 57135.1
I IEALTH-ELI:CT INS JUN'07 57135A
I IEALTH-RL1 INS i-10067F JI INE 2007
LIAR CLAIM: ('ONTRF,RAS
MO1' P:45719 I'I .ANTING MATERIALS
MOP 445720 IRRIGATION ROTOR
LIFE INS JUNE 2007
215166 6/12/07 3,366.'35
215167 6/12/07 9,172.37
215168 6112/07 165.00
215169 6/12/07 1,361.14
215170 6/12i07 871.75
215171 6/12/07 324.00
215172 6112/07 384.78
215173 6/12/07 50.85
215174 6/12,'07 239.56
215175 6/12/07 442.7
215176 6/12'07 3,819.00
215177 6/12 07 275.00
215178 6' 12107 3.2 ; 5. 65
215179 6/12/07 226.15
2.15180 6/ 12, 07 119.22
215181 6/12/07 156.36
215182 6112/07 3.201.05
215183 6/12/07 57,370.32
215184 6112/07 950.10
115185 6/12/07 14.346.99
215186 6/12/07 2,561.84
215187 6/12/07 71.50
215188 6/12/07 391.45
215189 6,12/07 663.26
715190 6/12/07 11,767
Payee
JOIFN DEERE LANDSCAPES
KAISER FOUNDATION IIEAL'I'H PLA
KAISER FOUNDATION HEALTH PLA
K.ILLACKY, KEVIN
I,.N. CURTIS & SONS
LASER SAVER INC
I.FXIS-NEXIS
LOCAL (GOVERNMENT COMMISSIO
LOCAL, GOVERNMENT PUBLICATI
LONGS DRUG STORES
MAN K-9 INC'.
`1ASON'S SAW & LAWNMOWER SR
MMASC
MONTGOMI(RY KONE,
MORE DIRF.CT
MOTHER'S NI I RITIONAL CENTER
MULTI -BANK SERVICES LTI')
N C CHAMBER OF COMMERCE
NAPA AUTO PARTS
NATIONAL CITY CAR WASH
NA1 ZONAL CITY DF': I AIL SHOP
NATIONAL CITY TROPHY
NATIONAL TRUST FOR HISTORIC
NAVY DISPATCH NEWSPAPERS
NEXUS IN1'EGRAI7:L) SOLUTIONS
ONE SOURCE DISTRIBUTORS
)CCHI'S POWER EQI!IPMENT
City of National City
WARRANT RF,GISTF:R # 49
6/12/2007
Description
MOP 469277 MULCH
KAISER INS ACTIVE JUNE 2007
KAISER RI': F INS JUNE 2007
ICS 300 400 TRAIN/TRAINER SEMINAR
TRUCKMAN SAFETY STRAP
MOP 45725 TONER COMP
CA CIVII, I)ESCOVERY 2007 SUP
L G C MEMBERSHIP RENEWAL
LONGTIN'S CA LAND USE 2D
MOP#45727 FIRST AID SUI'PI.IES
MAINTENANCE TRAINING - MAY 07
MOP #45729 SAWS, SUPPLIES
2007 MMASC REGISTRATION
ELEVATOR MAINTENANCE.
PART f11 100545, SIERRA WIRELESS DATA INC 215205
chk no
chk date amount
215191 6/12/07 1,069.81
REFUND OF BANNER ADMIN FEE
TRADE SETTLING CHARGES MAY'07
CTIY ENHANCEMENT FUND J11N'07
MOP 45735 OIL Fll .
CAR WASHES. APRII. 2007
MOP #45737 DETAIL. '96 VAN
MOP �'66556 CUSTOM-MADE SIGNS
HISTORIC PRESERV MEMBERSHIP
ADVERTISING/POLICE RECRUIT
SOFTWARE MAINI - MAY 2007
MOP 167256 CONCRETE BOX &. ('OVER
MOP #45740 ENGINE. STARTER
215192
215193
215194
215195
215196
215197
215198
215199
215200
215201
215202
215203
215204
215206
215207
21520X
215209
215210
215211
215212
215213
215214
215215
215216
215217
6/12/07
6/12/07
6i 12/07
6/12/07
6/12/07
6/12/07
6/12/07
6/12/07
6/12/07
6/12/07
6/12/07
6/12/07
6/12/07
6/12/07
6/12/07
6/12/07
6/12/07
6/12/07
6/12/07
6/12/07
6/1 2/07
6/12/07
6/12/07
6/12/07
6112/07
6/12/07
112,456.43
3,756.06
119.20
206.63
147.68
110.94
75.00
119.56
168.64
400.00
2,008.84
310.0(1
1,530.87
1,750.88
1,975.00
449.39
3,750.00
859.94
248.00
165.00
61.99
20.00
167.48
1,488.00
77.97
440.89
City of National City
WARRANT REGISTER # 49
6/12/2007
Payee
P & D CONSULTANTS INC
PELICAN-CASE.COM
PERVO'I'RAFFIC CENTER
J'ROCHEM S1'ECIALTY PRODUCTS I
PRUDENTIAL. OVERALL: SI JPPLY
PIJBLIC EMI' RETIREMENT SYSTEM
IL & R CONTROLS, INC.
RF.EI)ER
REGIONAL COMMUNICATIONS SY
RON BAKER CHEVROLI T-GEO-ISU
RON TURLEY ASSOCIATES, INC
S I) AREA Cl1.AP"TER I('C
SDG&E
SIIFPPARD MIJI,LTN RI(:1ITFR
SIIRFD-IT
SII,VA
SMART & FINAL,
SUI,ANO PRESS BOOKS
SONITROI. OF SAN DII/.(.iO
SOUTHERN CALIF TRUCK STOP
SOUTHWEST SIGNAL SERVICE, IN
STEVENS CONSTRUCTION
STHATACOM
SW1_ 1 TW'ATIiL AI JTHORI1 Y
TARGET SPEC.'1AI,TY PROU1.'U FS
TIIL I.IGHTHU LSE„ INC.
TRAJICO
Description
HOUSING ELEMENT WORK
I/I.ACK PELICAN CASE wax FOAM
MOP 1163846 BALLFIELD PAINT
BRAKE WASHER, FTL,TER PALS
MOP /145742 UNIFORMS - PARKS
SERVICE PERIOD 06-07-3
TRAINING
EDUC REIMB/SI•:MINAR IN LAND USE
RADIO MAINTENANCE MAY 07
LABOR REPLACE ENGINE ASSEMBLY
ANNUAL, MAINTENANCE AGREEMENT
2007 CBC PROVISIONS FOR F VIRDEN
FACILITIES DIVISION GAS/ELECTRIC
LABOR & EMPLOYMENT SEMINAR
SHREDDING/FINANCE AND 11 R
LAW OF EASEMENTS SEMINAR
MOP 45756 SPRING CLEANING
2007 SI II'PLMNI RF,DVLPMT IN CA
REPAIR DOOR 140 E 12TH ST
MOP 1145758 PROPANE
TRAFFIC SIGNAL,/STREET LIGHTING
MAY 2007 SERVI(:ES
MOP 6:1845 JOB FLYER - MIS
MOH ITES DIVISION WATER BILLS
TURF SUPREME FERTILIZER
MOP '+45726 ELEC ! RICA', SUPPLIES
EXPERT SRVCS-RPI.0 C101210575
chk no chk date amount
215218 6/12/07 1,425.50
215219 6/12/07 349.80
215220 6/12/07 462.30
215221 6/12/07 2,474.50
215222 6/12/07 896.98
215223 6/12/07 215,969.34
215224 6/12/07 415.00
215225 6/12/07 1,200.00
215226 6/12/07 8,930.50
215227 6/12/07 7,5.4.14
215228 6/12/07 1,400.00
215229 6/12/07 70.0
215230 6.'12/07 28,354.37
215231 6/12/07 150.00
215232 6/12/07 388.00
215233 6/12/07 339.00
215234 6112107 443.26
215235 6/12/07 29.45
21.5236 6/12/07 266.00
215237 6/12/07 23.49
215238 6' 12'07 17,678.95
215239 6/12/07 40,762.90
215240 6/12/07 215.33
215241 6/12/07 425.66
215242 6/12/07 3,598.32
215243 6/12.07 499.14
215244 6/12/07 7,0001
4
City of National City
WARRANT RECISTER # 49
6/12/2007
Payee Description chk no chk date amount
U.S. HEALTHWORKS MEDICAL SERVICES 215245 6/12/07 340.00
U.S. ITEAI:THWORKS MEDICAL SERVICES 215246 6/12/07 120.00
UNION SECURITY INSURANCE CO. VLI, TUNE 2007 21.5247 6/12/07 2,242.11
VERIZON WIREI.ESS - SD CEI.L PHONE -CITY WIDE 4/22-5/21/07 215248 6/12/07 7,026.21
VISTA PAINT MOP 68834 PAINT SUPPLIES 215249 6/12/07 222.50
WATERLINE TECHNOLOGIES CHEMICALS FOR MUNICIPAL P001, 215250 6/12/07 458.58
WEBREGPRO CCAPA CONFERENCE/I' CHAPIN 215251 6/12/07 480.00
W ESTFLEX INDUSTRIAI. MOP #63850 ASSF.MBLY HOSE 215252 6/12/07 181.00
WILLY'S ELECTRONIC SUPPLY MOP 45763 SMALL TOOLS 215253 6/12/07 293.23
WOOD & WOOD CLAIM' FRISBIE V. CITY OF N C 215254 6/12'07 6,385.50
WOOD & WOOD CI.AIM:NC REPRES V. OFFICER ONE 215255 6/12/07 3,096.50
1
Total $ 667,200.02
Workers compensation checks
13213 6/6/07 10.79
13214 6/6/07 11.42
43215 616/07 306.00
13216 6/6/07 226.03
13217 6/6/07 156.84
13218 6/6/07 116.85
13219 6/6/07 247.44
13220 6/6/07 85.80
13221 6/6/07 62.80
13222 616107 124.23
13223 6/6/07 163.53
13224 6/6/07 169.11
13225 6/6107 165.24
13226 6.6/07 74.32
5
City of National City
WARRANT REGISTER # 49
6/12/2007_
Payee Description chk no chk date amount
13227 6/6/07 284.19
13228 6/6107 68.62
13229 6/6/07 141.10
13230 6/6/07 55.54
13231 6/6/07 211.10
13232 6/6/07 78.40
1323.1 6/6107 179.66
13234 6/6/07 496.92
13235 6/6/07 4,142.10
132.16 6/6/07 539.50
13237 6/6/07 14.19
13238 6/6/07 400.(
13239 6/6/07 400.00
13240 6/6/07 6.13
13241 6/6/07 400.00
13242 676/07 460.00
13243 6/6/07 32.30
13244 6/6/07 652.36
Grand Total 677.683.13
6
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE July 17, 2007
AGENDA ITEM NO.
8
(ITEM TITLE TEMPORARY USE PERMIT — 15 Minutes of Fame hosted by 10 News & Azteca America
San Diego at Kimball Park on August 25, 2007 from 2 p.m. to 6 p.m.
PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety
EXPLANATION
This is a request from 10 News and Azteca America San Diego 15 to conduct the 15 Minutes of Fame
event at Kimball Park on August 25, 2007 from 2 p.m. to 6 p.m. The event is comprised of 3 casting calls
and the Annual Find Contest. These casting calls are singing contests between approximately 30
contestants and 3 winners will be selected from this event. The 3 winning participants from the event will
compete in November for the Grand Prize.
Youth dance groups will provide entertainment during intermission, and a raffle is also planned.
The applicant is requesting the use of the City's Stage and PA System. The organization will provide
chairs for both participants and spectators. The applicant will provide crowd control using their staff, and
will also dean up the event.
Environmental Review X NIA
Financial Statement Approved By:
The City has incurred $345.00 for processing the TUP, plus $449.00 Finance Director
for the Fire Permit(s) and $1,158.21 for Public Works.
Total fees: $1,952.21
Account No.
STAFF RECOMMENDATION
Approve the Application for aTemporary Use Permit subject to compliance with all conditions of
approval.
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
Application for a Temporary Use Permit with recommended approvals and conditions of approval.
-200 (9/99)
CITY OF NATIONAL CITY
BUILDING AND SAFETY DEPARTMENT
APPLICATION FOR A TEMPORARY USE PERMIT
RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL
SPONSORING ORGANIZATION: 10 News/Azteca
EVENT: 15 Minutes of Fame
DATE OF EVENT: August 25, 2007
TIME OF EVENT: 2 - 6 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 [ ]
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 J NO [ ] SEE CONDITIONS [ x ]
CONDITIONS OF APPROVAL:
POLICE (619) 336-4400
This TUP application is conditionally approved pending the applicant hiring at
least two (2) licensed security guards to work at the event. These licensed
security guards will maintain liaison with NCPD via dispatch. Patrol will
provide extra patrol of Kimball Park when they can.
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.
For more information, please contact Kenneth Fernandez at 619-336-4388 or
Charles Nissley at 619-336-4396.
FINANCE (619) 336-4330
10 News/Azteca American San Diego 15 needs a National City Business
License.
FIRE (619) 336-4550
1. Emergency access to be maintained at all times, into and through the park.
Minimum clear width is to be 20 feet.
2. Tents having an area in excess of 200 square feet and or canopies in excess of
400 square feet or multiple tents and or canopies placed together equaling or
greater than the above stated areas, are to be used, they shall be flame-
retardant treated with an approved State Fire Marshal seal attached. A permit
from the Fire Department must be obtained. Permit fees are $349.00. Fees
can only be waived by the City Council.
3. A minimum $100.00 after hour inspection fee is required for Fire Safety
Inspection conducted after hours, weekends and holidays.
4. Provide a minimum of one 2A:10BC fire extinguisher for every four canopies
of portion thereof. Minimum of one 2A:10BC fire extinguisher to be placed
at stage.
5. Provide a site map indicating the configuration of the area reflecting the
location of the canopies, stage and emergency access.
CITY ATTORNEY
1. Requires an indemnification and hold harmless agreement, and a policy of
general liability insurance, with the City, Parking Authority, and its officials,
employees, agents and volunteers as additional insureds, with amounts of
coverage to be determined by the Risk Manager.
PUBLIC WORKS
Public Works Department staff has reviewed the application for subject
Temporary Use Permit (TUP) and recommends approval subject to the
conditions listed below:
Street Division
No involvement.
Facilities Division
1. The cost to provide facilities maintenance personnel for this event is estimated
to be $133.56.
2. City -provided chairs are charged at the rate of $0.75 each.
3. City -provided tables are charged at the rate of $1.00 each.
At the time of this request the number of chairs and/or tables has not been
made known to this division. These totals would be needed to give an exact
total.
Parks Division
1. Council Policy #704 limits to one every six weeks to allow the lawn to
rejuvenate.
2. The cost to provide the standard stage (set up and breakdown) and 2 park
maintenance personnel for this event is estimated to be $ 1,024.65.
• Set up 4 hours a) $93.15 per hour — $372.60
• Breakdown 4 hours @ $93.15 per hour = $372.60
• Event hours 3 man hours x 2 @ $46.58 per hour— $279.48
• Total cost for event $1,024.65
Total cost for the event is $1,158.21.
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 from 1 1 :00 am to 8:00 pm to
accommodate set up and clean up. Attendance is estimated at 300 people,
including participants and spectators so this is not a huge event. The applicant
sponsoring organization, 10 News/Azteca America San Diego 15, has signed
the Hold Harmless and Indemnification Agreement; however no insurance
certificate has been provided.
For this event, we require commercial general liability coverage with
minimum limits of one million dollars ($1,000,000) per occurrence and two
million dollars ($2,000,000.) aggregate. Further, the City of National City, its
elected officials, officers, employees and agents must be named as additional
insureds on the CGL policy pursuant to a separate endorsement which needs
to be provided, along with the certificate (acord form)prior to the event.
Two prior similar events have already taken place at different locations so the
organizers have an idea of what to expect. Further, this sponsor is familiar
with crowd control and public events. There does not appear to be any undue
liability exposure associated with this type of event. Provided the specified
evidence of insurance is produced prior to the event, Risk Management does
not object to the TUP.
Let me know if you have any questions — Ashley Fenton, Risk Manager
-tut 03 07 11:32a
Not: City Parks and wed S123364732
r - 9
Type of Event
Public Concert Fair FestWet
— Parade Demonstretton Circus
Motion Pit$ure _ Grand Opening Oder
Event Titre:
m;//nit n e
Event Lncatton: �_
Event Oate(s): From Fj o}'to �� Totes Mtiapated Attendance' 3) 0 ' 445
(3 O Partictpants)
( ma's Spectators)
_✓community event
Block Party
Actual Event Hours: Z afL5 to IQ: tia am
Setuplassernbtykunstruc0pn, Dote' - 5.- Stint time:
11:6Da ,
Reese describe the scope ul your setuplaeseinbly work (specific details):
4471-Se, Ghajr4t 2-kfvihi- 6.+h4 /r /nut1' & s
Dismantle Date: S2 /_rf Compieiion Time: : dD
List any street(s) requiring oloeure es e result of this event Include street name(a), day and
time of and day andtlme of reopening.
r�i ri"�JiC L ADI I,�X Fa Protrt Sponsoring OrganilBtton: ���s �►
Not-for-Pro11t
Chlaf Officer of Organization (Name) Pr4.L
Applicant (Name): Ire, "r-rt.44litZ-Te-d,
Address: 46C0 vtiemisari IZtv2
Daytime Phone: (ij Z3ir —10J Everting Phone: () _ _ _ Fax:
Pager/Cellular: 1D l f-141 -- 5V 0
NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT
AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS
Contact Poreon'on site' day of the event:
Jut 03 07 II:33a
Nat1 L:icd Parks end Rtic Gt933G47'7 ^•o
3s your organization a'Tax Exempt, nynProne organttetien?
YES �SdO
Are admission, entry, vendor or participant fees required? ✓AYES __ :MO if YES, please explain the purpose end provide amount(s): ,5 ,.sif -SGt,i Vidt SD 4/
t - ran c mrnera4(.5 vi1)1e e ,4--(.54t, )
S c, Eettmatod Gross Receipts including ticket, product and sponsorship sales from
y Ns event
t I i P Estimated Expenses for this event.
$ 1450 D What is the projected amount of revenue that the Nonprofit Organization will
receive ea a resaft of this event?
Please provide a DETAILED DESCRIPTION of your.ovent. include details regarding any
components of your event such as the use of vehicles, animals, rides or any other pertinent
Information about jiva yen
/DN s 71)444.4c0- s �;vi 1S` Ias ae P _
chid /S /r);nat{er in t Cis /Y)Int�ttr ste puma). The_
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Tr P>r O If i Lv'A . /tacko �h& /iWS"� 1:r-d,.-,.- ,P F.
Nthe vent Involves the sale of cars, will the cars comeexclvarvo4 from 1
National Clty car dealers? if NO, list any additional dealers involved in the / •L,-
a-1 ~ '
sups: _ _
3 lair *r-J- .riJi. ai 'd Ai- , r&L c ` c# . / d i ,p a�
.• _...... . , _ ,, _. - - . _i. _ ...ti.✓ ,rn . R "An _n/1+-4Y ] P.eti%1 C$D of "''i , P.self.Wf201 .
Jut 03 07 11:34a
Nati City Parks and Rec 6131364292
p.10
_ YES tiN0 Does the over ttwolve the sale or use of alcoholic beverages?
YES i'/Nr.) Will Items or services be sold at the went? If yes, please describe:
_ YES V NO Does the event involve a moving route of any kind along streets. sidewalks or
highways? If YES, attach e detailed map of your proposed route indicate the
direction of travet, and provide a written narrative to explain your route
_ YES No Doec 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?� S:
Number of cawoenopise3 !D Simi/0
NOTE: A separate Fire Department permit is required for tents or canopies.
Rama L eg_b eta- plc/ 0 Cat pi e..t v n ddv Vf reS 16.-Va
>[ YES _ _ NO Will the event Involve the use of the City elego or PA system?
In addition to the route map required above, please attach a diagram showing the oversetayvut
and set-up locations for the following kerns:
• Alcohotic and Nonalcoholic Concession and/or Beer Garden areas.
D FoodleaConcession and/or Food servedfoodbe at the event: V y�ntt
F1e.
j/Wila IVe/ tittit4.,bsr, ter042.4/.. Sisemi dee%)
if you Intend to cook food In the event area please specify the method:
_ GAS _FLECTRIC _ CHARCOAL OTHER (Specify):
• Portsoki and/or Permanent Toilet Factiitles
Number of portable toasts: _ (1 for every 250 people is required, unless tie
applicant can show that there ere facilities In the immediate area evadable to the public
during the went)
D 1 abler and Chairs
D Fencing, barriers enritor barricades
e Generator locations and/or sou=ce of stectridty
> Canopies or tent locations (Include tenVcartopy d)mensions)
> Booths, exhibits, displays or enclosures
D Scaffolding, bleachers, platforms, stages, grandstands or related structures
• Vehicles and/or trailers
y Other aerated event components not covered above
T. Trash containers and dumpsters
(Note: You must property dispose or waste and garbage throughout the term of your
event and.lmmediatety upon conclusion of the event the erne must be rehrrned to a clean
condition.)
Number of trash ceps. / , Trash containers with lids:
Describe your piarn for clean-up and renewal of waste and garbage during and after the event:
7 tans wilt be 4 (4-12 4Mnonna,ne 1t iv; u be maw
s)alAmv, Yruf li Doze tv r e,rz o e i lctett k
Ai+
Jul 03 07 11:36a
tiat1 City Park!: and Rec
Please describe your procedures for both Crowd Control and internal Security: Ilvi^C
4
Chztlf pw
fSiY1S
1
arrangements fw e this event? 1
aiko
• sijseonwc, ct"►ont y
YES, please list:
Security Organization:
Security Organization Address:
Security Director (Name):
Phone:
YES NO Is this a night event? ii YES. please state how the event and surrounding area
veto be illumklated to ensure safety of the participants and apeetatrxs:
Please indica�te.wJ arrangement you have, mace for ovtdin >=1rst Aid tailing and Equipment.
Please describe your Accessibility Plan for access al your event by Individuals w:th disabilities:
V2� tAL is 4( ineiYi ic(,r w► OGS-a6:G'7Se�.
Fj s Pre vde a detcriipg 1p �t yai i<I pler LW itSe f 02/1 L�stk t
P ease Cescribe lour !an QiSAt3LED PARKING
S4t6le.f is R.1i%1.+' rs fperidic
,�Kt� - hie Disetyilditudeie
4
Jul 03 07 I1:36a
t/aC 1 Ci cy Parics. and ReL:
019336+a9?
p.12
Ptesse describe your plans to notify aH residents, businesses and churches impacted by the
„IAA, _tM(.t Jp7th/1C N.C- _eci'Y)»'2Ctn w1td p/- ' f'D f`( /Td7p
L1we.LYi Vl £e' — • ' -Oweelf
1s-� CQ
NOTE: Nethood_reatdents must be notified 72 hours in advance when events are
scheduled In the City parka
YES _NO Are mere any musical entertainment features related to your event? If YES,
please state the number of stapes. number of bands and type of musk:.
Number of Stages: I Number of Bands: 0
162na c: ¢- ( ► , w4t11r' `'f tc )/l/ft S► nut L4 C/
Type of Music:
YES _. NO Wilt sound einptification be used? if YES. i:aease indicate:
Start time: L' eme Finish Time 4 :IX) art6)
/YES _ NO Wilt sound checks be conducted prior to the even!? It YES, please indicate:
Start time: _ I •• 'pm Finish-Time_I 51 are)
Meese describe the sound equipteent that wilt be used for your event:
`YES /l NO Fireworks. rockets, or other pyrotechnics'? If YES, please descrbe:
y YES NO Any s!gns, banners, decorations, special tlghttng? It YES. please describe:
ect, vL ✓L9f5
Revised 1013101
Jul Q3 07 l 1 r 37a
Nati City ('arks and Ree 619336429?
p,J�
Event:
For Office Use Orily
Department Date
Approved?
Yes No Initial
Specific Conditions of Approval
Council Meeting Date:
Approved: Yes No
Vote'
Katblesil pees. Director
auiW:ng & Safety Deportment
G
•
J-u1 03 07 11:30a
Nati Cit. i Parks and Pec Et93304292 pill
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 lnciudes the City, its officials, agents and
employees named as additional insured and to sign the Hold Harmless
Agreement. Certificate of insurance Waist be attached to this permit.
Organization 1 O N S// 1 ld4e t¢// _ -%.. Go.7 ^ Oita a i r
FGLULCN L
Person in Charge of Activity i
Address
4 (pO 'r Nr.Li - +n�'"E�j� (A g2.161—
Telephone [FM " 2— Lo2 3,2_ Dste(s) of Use _t it i 745
HOLD H%PRMILESS AGREEMENT
Asa condition of the issuanceof a temporary use permit to conduct its activities
on public or private property, tho undersigned herby agree(s) to defend,
indemnify and void 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 ar~d
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
contractprs.
ature of Applicant
Sus,. , ,AR. /--� �1/�i9 Z ,o 7442
offciai Ti9c Date
Fur Mar
Use C7ruy
Certificate of Insurance Approved _ _ Date
J4.1 03 07 11:30e yatl City Parks and Rec
51933Sc2a7 n.15
f
R -a UESTfOR A` .
1NA9VERLYF,FEES
IL
Non-profit organizations, which meet the criteria on page v of the instructions, wilt
be considered fora waiver. It you would like to request a waiver of the
processing fees, please complete the questionnaire below.
1. Is the event for which the TOP is sought sponsored by a non-proftt
organization?
Yes (proceed to Question 2)
NV-iVo (Please sign the form and:submit it with the TUP
Application)
2. Please state the name and type of organization sponsoring the event
for which the TUP is sought and then proceed to Question 3.
Name of the sponsoring orga&Ization /D Il1Bt.* / ,Mai
Type of Organization f Q5Sitison.,5
(Ronk, C1vb. Chur&i toebl Servkv P. iney. No.)
3. Will the event generate net income or proceeds t the sponsoring.
organization?
Yes (Please proceed to -Question 4).
No (Please sign the form and submit it with the TUP
Application)
4. Wilt the proceeds provide a direct financial benefit to an individual
who resides in or is employed in the city, and who is in dire financial
need due to health reasons or a death in the family?
Yes (Please provide an explanation and details.
No (Please proceed to Question 5)
8
3u1 03 07 11. Qa
Nat; City Parks :nd Re^ 6,9338429?
5. Will tha proceeds provide a direct financial benefit to city
government such as tha generation of sales tax?
/ Yes Please provide an explanation and details.
} . { i 1^ Fe d ehSNNt�-
► r4 t SGryi[f f ry✓(_ GT/l S1S+PS ,
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 Klwenia, Rotary, Lions, Hogs and
Girls Club?
✓ Yes (Please provide an explanation and details. Zaii.
eLs 0- ('boo °le-s)
No (Please proceed to Question 71
7. Will the proceeds provide a direct financial benefit-tu an
organization, which has been the direct recipient of Community
Development Block Grant (GD13G) funding? Nd f- a µla ftta" r yo
Yes Year finis- were received:
Funds were used to:
No (P lease sign the form and submit it with the TUP
Application)
Signature Date
Azteca America San Die¢o 15
"15 Minutes of Fame" 2007 Community Event
Casting Call: Saturday, August 11, 2007
Kimball Park, City -of National City
Overall Event & Promotion;
Local "stars" will be chosen to get their "15 Minutes of Panne" at three local casting calls
throughout the year and one final competition in November. Three winners will be
chosen, at each casting call by a panel of local celebrity judges for their singing talent.
Winners will have their stories told on Aztecs America San Diego 15 (AZSD) throughout
the year and receive a cash pnze of $1,500 dollars, with $500 of that going to a local
charity. After each casting call a total of $1,500 will be donated to three local charities.
The three winners from each casting call with compete in the final in. November for one
Grand Prize. The 2007 Grand Prize winner will receive a $5,000 prize, with S1,000 of
that going to a local charity. Radio Latina 104.5 FM is our radio partner for this event.
Elements:
A. part of the promotion, the local public will be told to watch selected AZSD prograiris
or listen to Radio Latina 14.5 FM to find out how to become one of the contestants pre-
registered for. the casting call. In those programs, they will be given a phone number to
call to receive the official pre -registration information. They will also be given detailed
instructions on how to prepare for the audition and the Contestant Rules. The general
audience will be invited to attend to support their favorite contestant and/or enjoy the
entertainnteot.
The: fist casting call was held on February 10, 2007 at Shops at Las Arnericas in San
Ysidro, with an estimated 600 attendees (number includes mall shoppers that stopped by
to view event). The second casting call was held on Saturday, May 19, 2007 at Century
21 Eldorado Los Hermanos Lopez iu. Sari Maros, with an estimated attendance of 300,
(attendees were specifically there to watch the event, they were family members of the
contestants, general public attending to enjay the event, & contestants). We received
print media coverage of our May event in El Latino & Diario San Diego.
Over three hours at the. casting call location, approximately thirty contestants will have
five: minutes cacti to audition. Of those that audition, three will be selected to receive
their 15 Minutes of Fame and their cash prize.
A scheduled advertisement schedule (spots/commercials) will run prior to the event on
AZSD, l ONews, and Radio Latina 104.5 FM to promote the event, the event location and
information, and encourage the public to attend. The event is open to the public,
attendance is free, and the event is marketed as a family event. The goal is to have
families attend for a day at the park, enjoy the contestant performances, participate in the
raffles, enjoy the free entertainment, and meet local celebrities, Brief entertainment by
past winners, local celebrities, youth groups and/or local folkloric dancers is planned for
the opening act and during intermission. Radio Latina 104.5 FM will air their radio show
live from the event, further promoting the event and location.
A post event advertisement schedule (spots/commercials) will run after the event,
thanking the public for attending, supporting their favorite contestant, and making the
event successful.
A scheduled advertisement schedule (spots/commercials) announcing each winner will be
highlighted with their own sponsored vignette (spots/commercials) during the following
three months. Each winner will receive their "15 .Minutes of Fame" through three spots
(announce winner spot, profile spot, charity donation spot) that will air on AZSD. Each
winner will be interviewed on Radio Latina 104.5 FM.
The third casting call is scheduled to take place on. Saturday, August 11, from 2:00pm —
6:00pm. In addition to the scheduled advertisement on AZSD, 10 News, and Radio
Latina 104.5 FM, public relations & grassroots outreach is planned. Local non-profit
organizations will be invited to participate at no cost and set up their own exhibitor table
to provide information to the public regarding their programs. Expected attendance is
300 • 600 attendees.
AASD will set-up a stage, chairs, about three tables, and audio equipment.
Approximately fifteen AY,SI) and IONews staff members will volunteer/ work at the
event.
Our radio partner, Radio Latina 104.5 FM will bring their bus (to be appropriately parked
on a public street or parking lot in close proximity to the event), and set-up their own
table with canopy, which we will use as a registration area for participants. They will set-
up the sound system and the -audio equipment to have a live radio show from the event.
A Radio Latina canopy will be used to provide shade for the panel of judges.
Approximately 10 Radio Latina staff members will work at the event.
AZSD/10News Contact:
N. Paola Hernandez, Community Relations & Promotions
Tel 619-237-6272, Fax 619-266-8490
paola_hemanclae. <t actecasd.com
MEETING DATE:
City of National City
COUNCIL AGENDA STATEMENT
July 17, 2007 AGENDA ITEM NO.
ITEM TITLE: NEIGHBORHOOD COUNCILS MONTHLY REPORT FOR JUNE 2007
PREPARED BY: Rudy Loped— DEPARTMENT Community Services
(619) 336-4560
EXPLANATION:
Please see attached report.
9
Environmental Review
N/A
Financial Statement
N/A
STAFF RECOMMENDATION
Receive and file.
BOARD/COMMISSION RECOMMENDATION
N/A
.TTACHMENTS (Listed Below) Resolution No.
1. Neighborhood Council Monthly Report —June 2007
COMMUNITY SERVICES DEPARTMENT
Neighborhood Council Program
MEMORANDUM
To: Mayor and City Council; Chris Zapata; Leslie Deese; Rudy Lopez
From: Lauren Lauletta & Erica Belandres
RE: Neighborhood Council June 2007 Wrap -Up
Northside (June 6):
• Residents in attendance: 16
• City staff in attendance: 1 (FD)
• Action requests submitted: 6
• Presentation: Preliminary Budget Presentation Fiscal year 2007-2008
• Action requests submitted for May: 5
• Action request pending: 0
• Average number of days taken to complete an action request: 3
Granger (June 7):
• Residents in attendance: 12
• City staff in attendance: 1 (FD)
• Action requests submitted: 3
• Presentation: Preliminary Budget Presentation Fiscal year 2007-2008 and the
National City's ATOD update on the Liquor license at Cozy Corner.
• Action requests submitted for May: 3
• Action request pending: 0
• Average number of days taken to complete an action request: 4
Central (June 13):
• Residents in attendance:14
• City staff in attendance: 1 (FD)
• Action requests submitted:9
• Presentation: Preliminary Budget Presentation Fiscal year 2007-2008
• Action requests submitted for May: 8
• Action request pending: 3
• Average number of days taken to complete an action request:3
MLK COMMUNI I Y BUILDING • 140 EAST 12th STREET. SUITE B • NATIONAL CI FY • CA 91950
TEL. (619) 336-4290 • FAX (619) 336-4292
• Eastside (June 14):
• Residents in attendance: 12
• City staff in attendance: 1 (PW)
• Action requests submitted: 5
• Presentation: Preliminary Budget Presentation Fiscal year 2007-2008
• Action requests submitted for May:6
• Action request pending: 2
• Average number of days taken to complete an action request: 3
Olivewood (June 20):
• Residents in attendance: 9
• City Staff in attendance: 1 (PD)
• Action requests submitted: 1
• Presentation: Preliminary Budget Presentation Fiscal year 2007-2008
• Action requests submitted for May: 1
• Action request pending: 0
• Average number of days taken to complete an action request: 9
Sweetwater Heights (June 27):
• Residents in attendance: 4
• City Staff in attendance:1 (PD)
• Action requests submitted: 3
• Presentation: Preliminary Budget Presentation Fiscal year 2007-2008
• Action requests submitted for May: 3
• Action request pending: 1
• Average number of days taken to complete an action request:3
Old Town (June 28):
• Residents in attendance: 9
• City Staff in attendance: 1 (PD)
• Action requests submitted: 2
• Presentations: Preliminary Budget Presentation Fiscal year 2007-2008
• Action requests submitted for May: 6
• Action request pending: 2
• Average number of days taken to complete an action request: 3
Totals (June 2007):
• Residents in attendance: 76
• Action requests submitted: 29
• Staff Initiated: 2
• Translation: 0
• Action requests submitted for May: 32
• Action requests pending from May: 8
• Combined average number of days taken to complete an action request: 4
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE July 17, 2007
AGENDA ITEM NO.
10
ITEM TITLE Public Hearing — Street Vacation to Close an Unimproved Portion of Cleveland Avenue an
an Unimproved Alley, South of Bay Marina Drive and East of Marina Way. Applicant: Community
Development Commission. Case file no. 2007-27 SC, APNs 559-117-10, -14, -15
PREPARED BY Peggy Chapin, 336-4319 DEPARTMENT Planning
EXPLANATION
The City Council initiated the vacation request on June 5, 2007. The Planning Commission determined the
vacations are consistent with the General Plan on July 2, 2007. The attached Background Report describes
the proposed vacation in more detail. Vacating these unneeded rights -of -way is a cleanup effort necessary for
the Sycuan hotel proposal to go forward.
Environmental Review N/A Exempt
Financial Statement
N/A
STAFF RECOMMENDATION
Approved By:
Finance Director
Account No.
Staff concurs with the Planning Commission determination and recommends approval of the Street
Vacations.
BOARD 1 COMMISSION RECOMMENDATION
The Planning Commission determined the Street Vacation request complies with the General Plan.
Vote: Ayes — Alvarado, Baca, Carrillo, DeLaPaz, Flores, Pruitt, Reynolds
ATTACHMENTS ( Listed Below) Resolution No.
1. Background Report 3. Requested Street Vacation and Alley Location
2. Reconuncnded Findings 4. Site Plan of Proposed Sycuan Hotel
3. Location Map
A-200 (J/99)
BACKGROUND REPORT
Case File No. 2007-27 SC
(APN 559-160-10, 13, 14)
The request involves vacating a portion of Cleveland Avenue and an alley, both unimproved, on a
vacant site located south of Bay Marina Drive and east of Marina Way. The site is located within
the Commercial Tourist -Coastal Zone (CT -CZ).
The City has been working with the Sycuan Tribal Development Corporation and the MRW Group,
Inc. to develop a 7.5-acre vacant site owned by the Community Development Commission. Known
as the Marina Gateway Plaza, the projcct includes a 173-room hotel, 4,000 square foot restaurant,
and a 16,000 square foot commercial building. The City Council approved the project on
September 20, 2005 (PD 2005-2/CDP 2005-2) and a Time Extension on September 18, 2006.
In order for the ownership of the property to be transferred and developed as planned, a 14' x 240'
unimproved portion of Cleveland Avenue and a 20' x 240' unimproved alley must be vacated.
Most of Cleveland Avenue, south of Bay Marina Drive, was vacated in January 22, 1977
pursuant to Resolution 12,268, except for a 14' x 240' portion reserved for future sewer, water,
and drainage improvements. Since the construction of the Marina Gateway Plaza would result in
the installation of sewer, water, and drainage improvements that would be maintained by the
operators of the Marina Gateway Plaza, the City has no interest in retaining the easement.
The site contained several unimproved alleys on the property which were previously vacated.
However, the specific alley included in this request is shown on the County Assessor's office as
closed but remains listed as an easement on the Title Report. Once the request is approved and
recorded, the alley would be removed from the Title.
In accordance with the City's Street Vacation Procedures, the Council initiated a request to
vacate the portion of Cleveland Avenue and the unimproved alley on June 5, 2007. Pursuant to
these procedures, on July 2, 2007, the Planning Commission (7-0 vote) determined the vacation
request is consistent with the General Plan based on the following:
The City's General Plan Circulation Element reflects that Cleveland Avenue would not be
extended south of Bay Marina Drive and the unimproved alley is not shown as a needed right-of-
way. Additionally, the General Plan identifies tourist commercial uses within the Harbor District
and development of the projcct would comply with the goals of the Local Coastal Program.
Staff contacted the various utility companies that may be potentially impacted by the request and
received no response indicating an interest to retain either the portion of Cleveland Avenue or the
alley. Implementation of the Marina Gateway Plaza requires vacating the portion of Cleveland
Avenue and the alley, as construction would not be permitted over a road or alley easement. Since
the City has no interest in retaining the portion of Cleveland for utilities or improving the alley, staff
recommends approval of the request.
1
RECOMMENDED FINDINGS FOR APPROVAL OF THE
STREET VACATION
1. That the rights -of -way to be vacated are not needed for present or future public
transportation uses and/or for utility service, since the property abutting the streets in
consideration will continue to have access to public streets, utilities will be installed on site
and maintained by the hotel operator, and the area will still provide for pedestrian and
bicycle access through an approved pedestrian/bicycle access plan.
2. That while the area to be vacated is not required as a non -motorized transportation facility
for pedestrians, bicyclists, or equestrians, since adjacent streets will allow for the same
through travel, since proposed improvements include new pedestrian and bicycle access
points and linkages to the Bayshore Bikeway.
3. That the vacations of the proposed segment of rights -of -way are consistent with the City's
General Plan, since the General Plan encourages the development and implementation of
the Harbor District Specific Plan and connections to the Bayshore Bikeway, and the
Circulation Element within the General Plan does not identify any future connection for
Cleveland Avenue south of Bay Marina Drive or improvements to the alley on the subject
property.
2
•
•
•
•
43
CT-PD-CZ
•
•
•
•
•
MM-CZ
•
•
•
•
0-
•
410
Approximate area of
Alley Vacation
•
•
0S-CZ
•
MM-CZ
100 200 Feet
Approximate area of
Street Vacation
PROJECT LOCATION
ZONE BOUNDARY
LOCATION MAP
2007-27 SC
General Plan Consistency Review: Street Vacation of a Portion of Cleveland Avenue
and an Alley South of Bay Marina Drive and East of Bay Marina Way
NATIONAL CI3TY PLANNING
DRN. DATE:
6/27/07
INITIAL
HEARING:
7/2/07
06
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PROJECT SUMMA.R :
NUMBER OF HOTEL ROOMS
lS � PARKING REQUIRED:
HOTEL - 1 >ER ROOM • 173
• 1 PER' O ROOMSJP TO 50 ROOMS • 3
4; .• PER 20 ROOMS OVER 3C ROOMS
• PER 2ELIPLOYE ES • 12
RESTAVPANT 4 CCO S MAX.
1 PER 1 033 SF
COM+ERGAL - 16 •OCC SF
PER200 SF 8:
• I PER 2 EMPLOYEES 8
PUBLIC PARKING 13
TOTAL PARKING REOC • 334
TOTAL PARKINS PROVIOEC • 334
• 173
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HANCiCAPPEC (14'X 19)
ADA VAN ACCESSIBLE 117 X 19'
• 43
• 253
67
• 7
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DESIGN SITE PLAN FINED Al
CEVELOPER: ri .w GROUP INC. - -
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`N'ARINA 3.\Tt i?=or. DLb LO° v11 CO(' ANY, t I:
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LEE 6 SAKAHARA
ARCHITECTS AIA
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE July 17, 2007
AGENDA ITEM NO.
11
/ ITEM TITLE Public Hearing Conditional Use Permit for A Recycling Facility Behind the Foodlann
Grocery Store at 303 Highland Avenue (Applicant: Southwest Recycling) (Case File 2007-04 CUP)
PREPARED BY Martin Reeder, 336-4310 DEPARTMENT Planning
EXPLANATION
The Planning Commission held a public hearing on this item at their June 4, 2007 meeting, where the
Commissioners voted to approve the requested Conditional Use Permit. Since the City has had significant
issues with recycling centers previously, Council set the item for hearing at their June 19, 2007 meeting.
The attached background report describes the proposal in detail.
Environmental Review X N/A Exempt
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission to approve the
Conditional Use Permit.
Pce
BOARD / COMMISSION RECOMMENDATION
The Planning Commission approved the Conditional Use Permit.
Ayes —Alvarado, Flores, Pruitt, Reynolds Absent — Carrillo, Baca, DeLaPaz
ATTACHMENTS ( Listed Below) Resolution No.
I. Background Report - Including Findings and
Conditions of Approval
2. Planning Commission Resolution No. 36-2006
3. Location Map
4. Notice of Exemption
5. Department Comments
6. NCLUC Section 18.95 -
Recycling Collection Facilities
7. Site Photos
8. Application
9. Site Plan and Elevations
A-200 (9/99)
BACKGROUND REPORT
'l'hc subject property is an L-shaped parcel developed with the 28,9(X) square -foot
Foodland IGA Supermarket. The tot has frontage on Highland Avenue and East 4th
Street. There is a (86-space parking lot servicing the supermarket. There are single-
family residential uses to the north and south, as well as to the east beyond a multi -family
residential property adjacent to the east property line. Foodland 1GA has recently been
undergoing a City -funded tac,ade improvement program. The improvements, scheduled to
be completed in August of this year, include exterior paint and signage.
The applicant is proposing to install a mobile recycling center consisting of an 8' x 10' x
8 1/2' high mobile office, one 22 %' x 7 '/z' x 8' high recycling container, and three 4' x 6'
x 4 'h' high small recycling containers (sec photos). All of the containers would be metal.
The center will be directly behind and adjacent to the rear wall of Foodland, near the
loading dock, and would utilize approximately four existing angled parking spaces. There
is no through traffic in this area. The proposed operating hours are 9 a.m. to 5 p.m. seven
days a week. An attendant will be on -site during this time. 'I'hc facility will provide for
the recycling of aluminum cans, glass and plastic bottles. No signage is proposed.
As proposed, the facility conforms with requirements of Land Use Code Section 18.95 --
Recycling Collection Facilities. For example, the center would take up no more than four
spaces (for parking Tots of more than 50 spaces), and is further than 50 feet from any
residentially -zoned property. The nearest homes are approximately 120 feet away to the
north; the multi -family residences to the east are approximately 140 feet away; the homes
to the southeast, although not on residentially -zoned property, are approximately 160 feet
away. The Land Use Code requires that a 28,900 grocery store provide 116 spaces. As
186 spaces are provided, the loss of four is negligible. Other requirements of Section
18.95 include maintenance of the site (free of litter), containers (rust free), and no power -
driven equipment. The applicant has stated that new containers would be provided for the
new facility. Also, according to the applicant, pickup of recyclable material would occur
approximately once a week. California Redemption Value (CRV) payments would be
provided through a voucher, given by the recycling facility, which will be redeemable
inside the supermarket.
The State (California Department of Conservation, Division of Recycling) requires that a
"Convenience Zone" have access to a recycling facility. A Convenience Zone is defined
as an area within a half -mile radius of a supermarket with $2 million or greater in annual
sales. According to the State, National City has 10 such zones (see table). It is the
responsibility of the supermarket creating the Convenience Zone (Foodland KiA in this
case) to ensure that a recycling facility is available for its customers in this area. That
does not necessarily mean that the facility has to he on site, but in this case, the lot is
large enough and already devoted to a commercial enterprise.
Other similar facilities include Ralph's at 901 Euclid Avenue, approved in 1995 (still at
that location), and the old Vons at 1220 Plaza Boulevard (no longer in business). The
other primary recycling location servicing National City, besides Ralph's, is at 1320 East
i
30th Street (Food 4 Less) which is located in Chula Vista hut services the Grocery Outlet
at 3446 highland Avenue.
ZONE
MARKET NAME
MARKET ADDRESS
FACILITY ADDRESS
SZ
Save A Lot
1035 S Harbison Ave
901 Euclid Ave
EZ
Smart & Final
1220 E Plaza Blvd
SZ
Carnival Supermarket
1750 E 8th St
901 Euclid Ave
SZ
Ralph's Grocery
901 Euclid Ave
901 Euclid Ave
UZ
Foodland IGA Supermarket
303 Highland Ave
SZ
Food 4 Less`
1320E 30th St
1320E 30th St
EZ
Seafood City Supermarket
1420 E Plaza Blvd
SZ
Manila Seafood Oriental Market
2220 E Plaza Blvd
901 Euclid Ave
EZ
Wrigley's Supermarket
34 N Euclid Ave
EZ
Grocery Outlet
3446 Highland Ave
*actually Chula Vista but in 91950 Lip code
All National City markets, except Foodland (subject property), arc served by an existing
facility (SZ=Served Zone) or are exempt from this requirement (EZ=Exempt Zone). The
State consider Foodland's convenience zone as an Unserved Zone (UZ), an area not
being served by at least one certified recycling center.
Land Use Code Section 18.94 — Outdoor Storage — requires that outdoor storage use
greater than sixty cubic feet in volume, which abuts residential property, be enclosed by a
view -obscuring fence or wall at least six feet high. No screening of the facility has been
proposed. However, the Ralph's facility on Euclid Avenue was approved with a condition
that there be an architecturally -integrated screening wall constructed (However, a later
Conditional Use Permit Modification was approved for the removal of the wall). A
previous facility at the old Supersaver at 3007 Highland Avenue had a similar screening
wall requirement (CUJP-1995-10). The proposed recycling facility is visible from the
upper floors of the multi -family residential property to the east. It would also he visible,
although to a very limited extent, from East 4 Street some 300-plus feet to the south.
The presence of landscape islands in the southern portion of the parking lot helps to
screen the center from that direction, as well as from the southerrunost condominiums to
the cast of Foodland. In order to comply with Section 18.94 and to be consistent with
other approvals, a screening wall requirement has been included in the Conditions of
Approval. The condition includes requiring architectural integration (color and texture) in
order to blend in with recent facade improvements at Foodland IGA Supermarket.
The facility is not likely to significantly increase traffic to and from the site, as many
recyclers will likely also be Foodland customers. Any increases will probably he during
off-peak hours, as the operating hours are proposed and conditioned from 9 a.m. to 5 p.m.
daily. There have not been any documented issues with significant increases at the 901
Euclid Avenue location. A recent site visit to the Ralph's location observed minor
activity at midday when shopping activity was relatively high.
2
One thing to note about recycling centers is the propensity for them to he frequented by
the homeless as well as other scavengers who go through residential recycling containers
on trash day and bring recyclables in shopping carts or by other means to recycling
centers. There can also be accumulations of litter associated with materials unable to be
recycled which are left after hours. In an effort to avoid these situations, two Conditions
of Approval have hecn added. The first (No. 8) requires that the area be maintained in a
clean condition at all times, including sweeping at the end of the day and removal of
debris at the opening of business in the morning; the second (No. 9) requires that no
recyclable material be accepted from persons transporting the material in an
unconventional fashion — such as shopping carts and similar non -motorized carrying
devices, which are often discarded afterwards.
The Police Department has not objected to the issuance of a CUP at this location; they
have stated that this location is not in a high crime rate area. However, the Police
Department is recommending that additional lighting be provided to deter vandalism,
theft or loitering.
Department comments are fairly limited: Best Management Practices (BMP's) from
Engineering, additional lighting from the Police Department and Fire Code compliance
from the Fire Department.
Standard Conditions of Approval, as well as those addressing Department comments, and
a condition requiring compliance with Chapter 18.95 are included with this report.
The Planning Commission considered this project at their June 4, 2007 meeting.
Commissioners asked questions about the overall size of the center and of the applicant's
agreement with Conditions of Approval regarding noise and recyclable material
redemption values. The Pla►uhing Commission voted to approve the Conditional Use
Permit based on required findings and subject to the Conditions of Approval.
City Council discussed this item at their June 19, 2007 meeting. Discussion focused on
the continued efficacy of the rear portion of the lot, with regard to delivery vehicles, and
the potential for recycling businesses to attract and cater to homeless persons. Council set
the item for hearing for July 17, 2007 in order to further discuss and potentially add or
modify Conditions of Approval.
3
RECOMMENDED FINDINGS FOR APPROVAL
l . The site for the proposed use is adequate in size and shape, since there is adequate arca on -
site for a mobile recycling facility, and there is adequate parking to serve the supermarket,
in accordance with Land Use Code requirements.
2. 'Ihe site has sufficient access to a major street that is adequate in width and pavement type
to carry the volume and type of traffic generated by the proposed use, since the use is
expected to generate a minimal amount of additional traffic for the market, as many of the
recyclers will also shop at the supermarket; Foodland f(,A has frontage on both Highland
Avenue, an arterial, and Fourth Street, a collector.
3. That the proposed use will not have an adverse effect upon adjacent or abutting properties,
since the site is currently developed with a commercial use, and the nearest residences arc
separated from the proposed facility by a six-foot fence and more than one hundred feet;
additionally, Conditions of Approval require the construction of a screening wall to further
reduce the potential for adverse effects.
4. That the proposed use is deemed essential and desirable to the public convenience and
welfare, since it provides a convenient location for residents to recycle beverage containers
in accordance with State regulations.
4
RECOMMENDED CONDITIONS OF APPROVAL
1. This Conditional Use Permit authorizes a recycling facility at 303 Highland Avenue. Except as
required by conditions of approval, all plans submitted for permits associated with the project
shall conform with Exhibit A Revised, Case File no. 2007-04 CUP, dated 5/23/2007.
2. 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.
3. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not Tess than 6
feet shall be treated with a graffiti resistant coating subject to approval from the Building and
Safety Director. Graffiti shall he removed within 24 hours of its observance.
4. The business shall be operated in compliance with National City Land Use Code Section 18.95
at all times.
5. A decorative block wall shall be constructed, that will screen the facility from adjoining
residential properties. The wall shall be of standard construction and shall he of the same
texture and color as the Foodland building. Plans shall be submitted to the Planning Department
for review and approval by the Planning Department prior to construction; the wall shall be
completed prior to operation of the facility.
6. A signage plan shall he submitted to the Planning Department showing the location, size and
type of signage, including labeling of containers, prior to operation of the facility.
7. The hours of operation shall be permitted only between the hours of 9 a.m. and 5 p.m. daily.
8. All recyclable material shall he stored in containers and not left outside of designated storage
containers at any time; the recycling center area shall he maintained free of litter, and any
undesirable materials, and removed at the end of each collection day. Any discarded material
left overnight shall be removed immediately upon opening of business in the morning.
9. No recyclable material shall be accepted from persons transporting said material in non -
motorized carrying devices including, but not limited to, shopping carts, wagons, etc.
10. The proposed Recycling Collection Center shall comply with Best Management Practice (BMP)
requirements, which will prevent any discharge from the site. BMP's are outlined in the
Preventing l irban Runoff Pollution Guide and are available at the Engineering counter.
11. Project is to he 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.
12. Additional exterior lighting of the area surrounding the recycle center shall he provided, to deter
vandalism and theft, to the satisfaction of the Police Department. The height, type and location
of the lighting shall he provided for review and approval by the Planning Department prior to
installation and shall be subject to appropriate building pennits.
13. Loitering at the facility or in its vicinity shall he prohibited.
14. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the Calitbmia
Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary
5
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.
15. Before this Conditional Use Permit shall become effective, the applicant and the property owner
both shall sign and have notarized an Acceptance Form, provided by the Planning Department,
acknowledging and accepting all conditions imposed upon the approval of this permit. Failure
to return the signed and notarized Acceptance Form within 30 days of its receipt shall
automatically terminate the Conditional Use Pennit. The applicant shall also submit evidence
to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is
recorded with the County Recorder. The applicant shall pay necessary recording fees to the
County. The Notice of Restriction shall provide information that conditions imposed by
approval of the Conditional Use Permit are binding on all present or future interest holders or
estate holders of the properly. The Notice of Restriction shall be approved as to fonn by the
City Attorney and signed by the Planning Director prior to recordation.
16. This permit shall become null and void if not exercised within one year afier adoption of the
resolution of approval unless extended according to procedures specified in Section 18.116.190
of the Municipal Code.
17. This permit shall expire if the use authorized by this resolution is discontinued for a period of
12 months or longer. The permit may also be revoked, pursuant to provisions of the land Use
('ode, if discontinued for any lesser period of time.
18. This Conditional Use Permit may be revoked if it is determined that the use is operating
contrary to the conditions of approval or is negatively impacting nearby properties.
6
RESOLUTION NO. 36-2007
A RESOLUTION OF THE PLANNING COMMISSION
OF TIIE CITY OF NATIONAL CiTY, ('ALIFORNIA,
• APPROVING A CONDITIONAL USE PERMIT FOR
A RECYCLING FACILITY BEHIND THE FOODLAND GROCERY STORE
A'F 303 IIIGHLANi) AVENUE.
APPLICANT: SOUTHWEST RECYCLING
CASE FILE NO. 2007-04 CUP
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit application for a recycling facility behind the Foodland Grocery store at
303 highland Avenue, at a duly advertised public hearing held on June 4, 2007 at which time
oral and documentary evidence was presented; and,
WHEREAS, at said public hearing the Planning Commission considered the staff report
contained in Case File No, 2007-04 CUP, maintained by the City and incorporated herein by
reference along with evidence and testimony at said hearing; and,
WHEREAS, this action is taken pursuant to all applicable procedures required by State
law and City law; and,
WHEREAS, the action recited herein is found to be essential for the preservation of
public health, safety, and general welfare.
NOW, THEREFORE, BE iI' 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 June 4, 2007, support the following findings:
{ . The site for the proposed use is adequate in size and shape, since there is adequate
area on -site for a mobile recycling facility, and there is adequate parking to serve the
supermarket, in accordance; with Land Use Code requirements.
The site has sufficient access to a major street that is adequate in width and
pavement type to carry the volume and type of traffic generated by the proposed use,
since the use is expected to generate a minimal amount of additional traffic for the
market, as many of the recycicrs will also shop at the supermarket; Foodland IGA
has frontage on both I fighland Avenue, an arterial, and Fourth Street, a collector.
That the proposed use will not have an adverse effect upon adjacent or abutting
properties, since the site is currently developed with a commercial use, and the
nearest residences arc separated from the proposed facility by a six-foot fence and
more than one hundred feet; additionally, Conditions of Approval require the
construction of a screening wall to further reduce the potential for adverse effects.
7
4. That the proposed use is deemed essential and desirable to the public convenience
and welfare, since it provides a convenient location for residents to recycle beverage
containers in accordance with State regulations.
BE IT FURTHER RESOLVED that the application fbr Conditional Use Permit is approved
subject to the following conditions:
1. This Conditional Use Permit authorizes a recycling facility at 303 Highland Avenue. Except as
required by conditions of approval, all plans submitted for permits associated with the project
shall conform with Exhibit A Revised, Case File no. 2007-04 CIJP, dated 5/23/2007.
2. Plans must comply with the 2001 editions of the California Building Code, the California
Mechanical Code, the ('alifornia Plumping Code, the California Electrical Code, and California
Title 24 energy and handicapped regulations.
3. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less than 6
feet shall be treated with a graffiti resistant coating subject to approval from the Building and
Safety Director. Graffiti shall be removed within 24 hours of its observance.
4. 1'hc business shall be operated in compliance with National City Land Use Code Section 18.95
at all times.
5. A decorative Klock wall shall he constructed, that will screen the facility from adjoining
residential properties. The wall shall be of standard construction and shall be of the same
texture and color as the Foodland building. Plans shall be submitted to the Planning Department
for review and approval by the Planning Department prior to construction; the wall shall be
completed prior to operation of the facility.
6. A signage plan shall be submitted to the Planning Department showing the location, size and
type of signiagc, including labeling of containers, prior to operation of the facility.
7. The hours ofoperation shall be permitted only between the hours of 9 a.m. and 5 p.m. daily.
8. All recyclable material shall be stored in containers and not left outside of designated storage
containers at any time; the recycling center area shall he maintained free of litter, and any
undesirable materials, and removed at the end of each collection day. Any discarded material
left overnight shall be removed immediately upon opening of business in the morning.
9. No recyclable material shall be accepted from persons transporting said material in non -
motorized carrying devices including, but not limited to, shopping carts, wagons, etc.
10. The proposed Recycling Collection Center shall comply with Best Management Practice (BMP)
re quiran nts, which will prevent any discharge from the site. BMP's are outlined in the
Preventing Urban Runoff Pollution Guide and are available at the Engineering counter.
11. 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 ('ity of National City.
12. Additional exterior lighting of the area surrounding the recycle center shall be provided, to deter
vandalism and theft, to the satisfaction of the Police Department. The height, type and location
of the lighting shall be provided for review and approval by the Planning Department prior to
installation and shall be subject to appropriate building permits.
13. i.oitering at the facility or in its vicinity shall be prohibited.
14. 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
8
environmental filing t cs 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.
15. Before this Conditional Use Permit shall become effective, the applicant and the property owner
both shall sign and have notarized an Acceptance Form, provided by the Planning Department,
acknowledging and accepting all conditions imposed upon the approval of this permit. Failure
to return the signed and notarized Acceptance Fomn within 30 days of its receipt shall
automatically terminate the Conditional Use Permit. The applicant shall also submit evidence
to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is
recorded with the County Recorder. The applicant shall pay necessary recording ices to the
County. The Notice of Restriction shall provide information that conditions imposed by
approval of the Conditional Use Permit are binding on all present or future interest holders or
estate holders of the property. The Notice of Restriction shall he approved as to form by the
City Attorney and signed by the Planning Director prior to recordation.
16. This permit shall become null and void if not exercised within one year after adoption of the
resolution of approval unless extended according to procedures specified in Section 18.116.190
of the Municipal Code.
17. This permit shall expire if the use authorized by this resolution is discontinued for a period of
12 months or longer. The permit may also be revoked, pursuant to provisions of the Land Ilse
Code, if discontinued for any lesser period of time.
18. This Conditional Use Permit may he revoked if it is determined that the use is operating
contrary to the conditions of approval or is negatively impacting nearby properties.
BE IT FURTI iER 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.
9
(7ER1'IFICA'I'ION:
This certifies that the Resolution was adopted by the Planning Commission at their meeting of
June 4, 2007, by the following vote:
AYES: Alvarado, Pruitt, Flores, Reynolds
NAYS:
ABSENT:: Carrill.o, Baca, lleLaPaz
ABSTAIN:
Qom.. ,PA,
CI IAIRWOMAN
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City of National City
Planning Department
1243 National City Blvd., National City, CA 91950 (619) 336-4310
ROGER G. POST - DIRECTOR
NOTICE OF EXEMPTION
TO: County Clerk
County of San Diego
P.O. Box 1750
1600 Pacific Ilighway, Room 260
San Diego, CA 92112
Project Title: 2007-04 CUP
Project Location: 303 Highland Avenue, National City, CA 91950
Contact Person: Martin Reeder Telephone Number: (619) 336-4313
Description of Nature. Purpose and Beneficiaries of Project:
Conditional Use Permit application for a mobile recycling center at an existing supermarket at
303 Highland Avenue.
Applicant:
Southwest Recycling, c/o: Ken Webb
6981 Gordon Court,
La Mesa, CA 91941
Exempt Status:
Telephone Number:
(619) 300-1846
❑ Statutory Exemption. (State type and Section No., if applicable)
Categorical Exemption. Class 11 Section 15311 (B) (Accessoryy Structures)
❑ Not a project as defined in Section 15332 of CEQA
❑ Not subject to CEQA (Sec. 15061b3)
Reasons why project is exempt:
The project will result in little or no change to the physical environment, since the proposal
involves the placement of 5 temporary structures which will function as an accessory use to an
existing supermarket
Date:
MARTIN REEDER
Assistant Planner
12
t k Recvcled Pat,cr
City of National City
Office of the City Engineer
1243 National City Blvd,, National City, CA 91950
(619) 336-4380 Fax: (619) 336-4397
ENGINEERING REQUIREMENTS FOR
RECYCLING COLLECTION CENTER AT
303 HIGIILANI) AVENUE
Date: January 31, 2007
To: Martin Reeder, Planning Department
From: Adam J. Landa, Assistant Civil Engineer
Via: Stephen M. Kirkpatri�, City Engineer
Subject: RECYCLING COLLECTION CENTER A1' 303 HIGHLAND AVENUE
1. The proposed Recycling Collection Center shall comply with Best Management
Practice (BMP) requirements, which will prevent any discharge from the site
BMP's are outlined in the Preventing Urban Runoff Pollution Guide and are
available at the Engineering counter.
AL j1a
303
13
® Recycled Paper
CITY OF NATIONAL CITY
FIRE DEPARTMENT
Phone: (619) 336-4550
ard
MEMORANDUM
DATE: February 5, 2007
TO: Martin Reeder, Assistant Planner
FROM: Donald Condon, Battalion Chief / Fire Marshal
SUBJECT: Case File No: 2007-05, 303 Highland Avenue
Please note our following comments and recommendations:
1) 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.
Please note that the above items are based off of a preliminary review of plans submitted.
Additional requirements may be necessary upon submission of a complete set of plans for
permit review.
14
NATIONAL CITY POLICE DEPARTMENT
ADMINISTRATIVE DIVISION
MEMORANDUM
January 23, 2007
TO: City of National City Planning Department
FROM: William C. Strasen, Sergeant
Special Assistant to Chief of Police
SUBJECT: Police Department Comments
Re: Foodland Recycle Center
Case File No: 2007-04 CUP
The Police Department recommends that final approval of this project should
include provisions for additional exterior lighting of the area surrounding the
recycle center to deter vandalism and theft.
Thank you,
Bill Strasen, Sergeant
Special Assistant to Chief
National City Police Department
(619) 336-4326
wstrasen@ci.national-city.ca.us
15
18.95.01 O
Chapter 18.95
RECYCLING COLLECTION FACILITIES
Sections:
18.95.010
18.95.020
18.95.030
18.95.040
18.95.050
18.95.060
Intent and purpose.
Definitions.
Types of facilities permitted.
Permits required.
Operating and design
standards.
Additional requirements.
18.95.010 Intent and purpose.
It is the intent and purpose of this chapter to
establish reasonable regulations for establishment of
recycling collection facilities to encourage and facil-
itate the recycling of glass, aluurinum, plastic and
nonalurinum metal beverage containers in a safe
and convenient manner. (Ord. 1934 § 1 (part), 1988)
18.95.020 Definitions.
For the purpose of this chapter, the following
words shall have the following meanings:
A. Igloos. An "igloo" is a small, temporary
collection bin of painted metal or plastic with a
dome -shaped top, occupying no more than forty
square feet each.
B. Mobile Recycling Unit. A "mobile recycling
unit" means an automobile, truck, trailer or van,
licensed by the Department of Motor Vehicles,
which is used for the collection of recyclable materi-
als. A mobile recycling unit also means the bins,
boxes or containers, other than igloos, transported
by trucks, vans, or trailers, and used for the collec-
tion of recyclable materials.
C. Recyclable Material. "Recyclable material" is
reusable material including aluminum, nonaluminum
metal, glass and plastic beverage containers, which
are intended for reuse, remanufacture, or reconstitu-
tion for the purpose of using the altered form. Recy-
clable material as described in this section does not
include paper, refuse, motor oil or other hazardous
materials_
801
D. Recycling Collection Facility. A "recycling
collection facility" is a center for the collection of
recyclable materials from the public by donation,
redemption or purchase. A certified recycling facili-
ty means a recycling facility certified by the Califor-
nia Department. of Conservation as meeting the
requirements of the California Beverage Container
Recycling and Litter Reduction Act of 1986. A
recycling facility does not include storage containers
located on the premises of a commercial or industri-
al use used solely for the collection of recyclable
materials generated by that use.
Recycling collection facilities include the following:
1. Reverse vending machines;
2. Igloos;
3. Mobile recycling units.
E. Reverse Vending Machine. A "reverse vend-
ing machine" is an automated mechanical device
which accepts at least one or more types of empty
beverage containers including aluminum and
nonaluminum metal cans, glass and plastic bottles,
and issues a cash refund or a redeemable credit slip
with a value not less than the container's redemption
value as determined by the state. A reverse vending
machine may sort and process containers mechani-
cally; provided, that the entire process is enclosed
within the machine. In order to arrept and tempo-
rarily store all four container types in a proportion
commensurate with their relative redemption rates,
and to meet the requirements of certification as a
recycling facility, multiple grouping of reverse vend-
ing machines may be necessary.
A bulk reverse vending machine is a reverse
vending machine that is larger than fifty square feet;
is designed to acrrpt more than one container at a
time; and will pay by weight instead of by contain-
er. (Ord. 1934 § l (part), 1988)
18.95.030 Types of facilities permitted.
A. Reverse vending machines, igloos, and mo-
bile recycling units may be permitted subject to
conformance with all of the following:
1. Location within the limited commercial (CL),
general commercial (CG), tourist commercial (CT),
medium commercial (CM), heavy commercial (CH),
16
18.95.030
light manufacturing (MI.), light manufactur-
ing/residential (ML/R) and medium manufacturing
(MM) zones;
2. Location within convenience zones designated
by the state of California Department of Conserva-
tion, Division of Recycling;
3. Certification or application for certification by
the state of California;
4. Required permits, as described in Section
18.95.040;
5. Operation and design standards as set forth
in Section 18.95.050.
B. No recycling collection facility shall be per-
mitted if it is found that the facility or its operation
will have a detrimental effect on public health,
safety or general welfare. (Out 2124 § 14, 1996;
Ord. 1934 § 1 (part), 1988)
18.95.040 Permits required.
A. Site Plan Review. Reverse vending machines
and igloos, as defined in Section 18.95.020, shall
require site plan review approval, as set forth in
Chapter 18.128.
B. Conditional Use Permit. Mobile recycling
units, as defined in Section 18.95.020, shall require
a conditional use permit, as set forth in Chapter
18.116. (Ord. 1934 § 1 (part), 1988)
18.95_050 Operating and design standards.
A. Reverse vending machines shall comply with
the following standards:
1. Established in conjunction with acommercial
use or community service facility which is in com-
pliance with the zoning, building and fire codes of
the city;
2. Located within thirty feet of the entrance to
the commercial structure and shall not obstruct
pedestrian or vehicular circulation;
3. Not occupy parking spaces required by the
primary use;
4. Except for bulk reverse vending machines,
occupy no more than fifty square feet of floor spac-
es per installation, including any protective enclo-
sure, and be no more than eight feet in height; no
more than four reverse vending machines at the site;
bulk reverse vending machines shall occupy no
more than three hundred square feet of floor space
per installation, including any protective enclosure;
5. Constructed and maintained with durable
waterproof and rustproof material;
6. Clearly marked to identify the type of materi-
al to be deposited, operating instructions, and the
identity and phone number of the operator or re-
sponsible person to call if the machine is inopera-
tive;
7. Have a sign area of a maximum of four
square feet per machine, exclusive of operating
instructions;
8. Maintained in a clean, litter -free condition on
a daily basis;
9. Illuminated to ensure comfortable and safe
operation if operating hours are between dusk and
dawn;
10. Installation of all wiring required in accor-
dance with the National Electrical Code, latest edi-
tion.
B. Igloos shall comply with the following stan-
dards:
1. Established in conjunction with an existing
commercial use or community service facility which
is in compliance with the zoning, building and fire
codes of the city,
2. Occupy an area no larger than two hundred
square feet;
3. Set back at least ten feet from any front prop-
erty line and shall not obstruct pedestrian or vehicu-
lar circulation;
4. Accept only glass, metal and plastic contain-
ers;
5. No power -driven processing equipment used;
6. Containers constructed and maintained with
durable waterproof and rust -proof material, covered
when site is not attended, secured from unauthorized
entry or removal of material, of a capacity sufficient
to accommodate materials collected and collection
schedule;
7. All recyclable material stored in containers,
and materials not left outside of containers at any
time;
802
17
18.95.050
8. Maintained free of litter and any other unde-
sirable materials;
9. Not be located within fifty feet of a residen-
tial zoned property;
10. Operation of attended facilities located within
one hundred feet of a property zoned or occupied
for residential use only during the hours between
nine ant and seven pin.;
11. Noise levels not exceeding sixty dBA as
meaatred at the property lone of residentially zoned
or occupied property, and otherwise not exceeding
sixty-five dBA;
12. Location of containers for the twenty-four
hour donation of materials at least one hunched feet
from any property zoned or occupied for residential
use unless there is a recognized service corridor and
acoustical shielding between the containers and the
residential use;
13. Labeling of containers to identify the type of
material which may be deposited; identification of
the facility with the name and telephone number of
the facility operator and the hours of operation, and
display of a notice stating that no material shall he
left outside the recycling enclosure or containers;
14. Signing permitted as follows:
a. Identification signs with a maximum of four
square feet, in addition to infon national signs re-
quired in subsection B(13) above,
b. Signs consistent with the character of the
location,
c. Directional signs, bearing no advertising
message, installed with the approval of the planting
director if the facility is not visible from the public
right-of-way,
d. Planning director authorization for incmase
in the number and size of signs upon finding that it
is compatible with adjacent businesses;
15. Required landscape area not occupied or
interfered with;
16. No occupation of parking spaces on the site
unless deemed necessary and authorized by the
planning director, no additional parking spaces
required for customers of an igloo collection facility
located at the established parking lot of a host use;
803
one space of host use permitted to be occupied by
the attendant, if needed.
C. Mobile recycling wets shall comply with the
following standards:
I. Established in conjunction with an existing
commercial use or community service facility which
is in compliance with the zoning, building and fire
codes of the city;
2. No larger than three hundred fifty square feet
and occupy no more than three parking spaces not
including space that will be periodically needed for
removal of materials or exchange of containers;
3. Set back at least ten feet from any front prop-
erty line and shall not obstruct pedestrian or vehicu-
lar circulation;
4. Accept only glass, aluminum, nonaluminum
metal and plastic containers;
5. No power -driven processing equipment used;
6. Containers construered and maintained with
durable waterproof and rust -proof material, covered
when site is not attended, secured from unauthorized
entry or removal of material, and of a capacity
sufficient to accommodate materials collected and
collection schedule;
7. All recyclable material stored in containers or
in the mobile unit vehicle, and not left outside of
containers at any time;
8. Maintained free of litter and any other unde-
sirable materials; mobile facilities, at which truck or
containers are removed at the end of each collection
day, swept at the end of each collection day;
9. Noise levels not exceeding sixty dBA ae
measured at the property line of residentially zoned
or occupied property, and otherwise not exceeding
sixty-five dBA;
10. Not be located within fifty feet of a residen
tial zoned property;
11. Operation of attended facilities located within
one hundred feet of a property zoned or occupied
for residential use only during the hours between
nine a.m. and seven p.m.;
12. Location of containers for the twenty-four
hour donation of materials at least one hundred feet
from any property zoned or occupied for residential
use unless there is a recognized service conidor and
18
1 x 95.050
acoustical shielding between the containers and the
residential use;
13. Labeling of containers to identity the type of
material which may be deposited; identification of
the facility to identify the name and telephone num-
ber of the facility operator and the hours of opera-
tion, and display of a notice stating that no material
shall be left outside the recycling enclosure or con-
tainers;
14. Signing permitted as follows:
a. Identification signs with a maximum of twen-
ty percent per side or sixteen square feet, whichever
is larger, in addition to informational signs required
in subsection C(13) above. In the case of a wheeled
facility, the side will, be measured from the pave-
ment to the top of the container,
b. Signs consistent with the character of the
location,
c. Directional signs, bearing no advertising
message, installed with the approval of the planning
director if necessary to facilitate traffic circulation,
or if the facility is not visible from the public right-
of-way,
d. Planning director authorization for increase
in the number and size of signs upon finding that it
is compatible with adjacent businesses;
15. Required landscape area not occupied or
interfered with;
16. No additional parking spaces required for
customers of a mobile recycling unit located at the
established parking lot of a host use; one space of
the host use permitted to be. occupied by the atten-
dant, if needed;
17. Area clearly marked to prohibit other vehic-
ular parking during hours when the mobile unit is
scheduled to be present;
18. No reduction of available parking spaces be-
low the minimum number required for the primary
host use unless a parking study shows that existing
parking capacity is not already fully utilized during
the time the recycling facility will be on the site;
reduction in available parking spaces in an estab-
lished parking facility then permitted as follows:
a. For a commercial host use:
Number of Available
Parking Spaces
0--25
26--35
36 --49
50+
Maximum
Reduction
0
2
3
4
b. For a community facility host use: A maxi-
mum four spaces reduction will be allowed when
not in conflict with parking needs of the host use.
(Ord. 1934 § 1 (part), 1988)
18.95.060 Additional requirements.
Additional requirements may be required as con-
ditions of permit approval as provided by Chapters
18.116 and 18.128 of the National City Municipal
Code. (Ord. 1934 § 1 (part), 1988)
804
19
2007-04 CUP Recycling Center behind Foodland IGA - Site Photos
Looking North at Project Location
Looking West at Project Location
20
Looking Northeast towards Side Entrance of Foodland
Looking East Towards Adjacent Condominiums
2]
NATIONAL CITY, CALIFORNIA
APPLICATION for
XConditional Use Permit
Planned Development
Permit
Planned Unit
Development Permit
Make checks payable to the City of National
City
File application with the:
National City Planning Department
1243 National City Boulevard
National City, California 91950
(619) 336-4310
PLEASE DO NOT USE BLUE INK WHEN
COMPLETING THIS FORM
FOR DEPARTMENT USE ONLY
Case Number W 07 — o 4 co e
Filing Fee S 3 i 0 Receipt No.
Date Received 1 I t O 1 By A -P w
E.A.F. Required [Y d Fee S N 1 R' •
Related Cases
GAL DESCRIPTION OF PROPERTY: TY: (Attach if insufficient space)
PROPERTY LOCATION t-V-G.��&-r) 1
No. Street
between and
COMBINED GENERAL PLAN/ZONING DESIGNATION CC -
Conditional Use/Planned Development/Planned Unit Development Permit Application
Revised December, 1998 22
I'agc 1 of 4
REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.116), Planned
Development Permit (Chapter 18.126), or Planned Unit Development Permit
(Chapter 18.30) to use the above described property for the f'otlowing purposes:
rog, Reicc eh �e-E,oticr, faks let£ PievIS
Li Kam:
PROPERTY OWNER(S) of all property included in this application:
(Attached extra sheets if necessary).
Name: 5 .z. -Petra c l aP
Signature
(Signature acknowledges that this
application is being filed)
Address: 5075 /',FO,--,egc /ce-W
A r S,4ir/ ,/(. Cd cid `-�/vz
Phone No. Cif- 127-.?3
Fax No. 6-/? " 5-2- 7-
Date: 72 -/K -04
Name:
Signature
(Signature acknowledges that this
application is being filed)
Address:
Phone No.
Fax No.
Date:
Conditional Use/Planned Development/Planned Unit Development Permit Application
Revised December, 1998 23
Page 2 old
APPLICANT
Name: Se,.,.. ,u sr
(Please type or print)
ature certifies that the information submitted with this
on is true and accurate to the best of the applicant's knowledge).
Address: (oVi\
Phone No. bkg g7.o -22(p-7
Fax No.
Date:
tvave-..e,t-- . -i .?moo (o
Conditional Use/Planned Development/Planned Unit Development Permit Application
Revised December, 1998
Page of 24
JUSTIFICATION
Section 18.116.020 of the National City Municipal Code states that before any conditional use
permit, planned development permit or planned unit development permit is'granted, the applicant
must show the existence of the following facts:
1. That the site for the proposed use is adequate in size and shape; and
2. That the site has sufficient access to streets and highways that are adequate in
width and pavement type to carry the quantity and quality of traf }c generated by
the proposed use; and '
3. That the proposed use will not have an adverse effect upon adjacent or abutting
properties; and
4. That the proposed use is deemed essential and desirable to the public convenience
or welfare.
The above findings must be incorporated into each staff report for a Conditional Use Permit,
Planned Development Permit or Planned Unit Development Permit presented to the decision
making body. Each of the findings must be found to exist. As the applicant, you are not required
to provide justification of these findings; however, the information can he useful to Planning
Staff when compiling their report. Please provide any additional information which may be
helpful when considering the application.
Conditional Use/Planned Development'Planned Unit Development Permit Application
Revised December, 1998 25
Page 4 of 4
so21(zzgoaNt x1F11113sMaicW Z -es 6301ngg
26
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FRONT
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City of National City
COUNCIL AGENDA STATEMENT
MEETING DATE: July 17, 2007 AGENDA ITEM NO.
12
ITEM TITLE: PUBLIC HEARING ON THE ALLOCATION OF PROGRAM INCOME AND UNALLO-
CATED FUNDS IN HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAM
PREPARED BY: XAVIER VELASCO DEPARTMENT GRANTS AND HOUSING DEPT
ROSEMARY TOSCANO CITY MANAGERS OFFICE
EXPLANATION:
The U. S. Department of Housing and Urban Development (HUD) requires that all HOME Investment Partnership Act
(HOME) entitlement communities, such as the (iity of National City, hold a public hearing to solicit input on the use of any
Program Income generated from the repayment of outstanding first-time homcbuyer and rehabilitation loans, and unallocated
IIOME funds for eligible low-income housing projects and/or programs.
Accordingly, a Public Hearing Notice was duly published on July 13, 2007 and posted on July 5, 2007 in the Civic Center,
Library, Section-8 Offices on 24th Street, and the Community Center on 12th Street to inform the general public that the City
Council will be considering public input regarding the allocation of these federal HOME funds.
The purpose of this public hearing is to once again invite public input and testimony priorto any City Council action.
Environmental Review
Not applicable to this report.
Financial Statement
The City has unallocated and uncommitted funds from the HUD from prior year allocations and Program Income gener-
ated from the repayment of first-time homcbuyer and housing rehabilitation loans.
STAFF RECOMMENDATION
Conduct Public Hearing.
BOARD/COMMISSION RECOMMENDATION
Not applicable to this report.
ATTACHMENTS (Listed Below) Resolution No.
. Notice of Public Hearing
PUBLIC HEARING NOTICE
FOR 1'HE
HOME INVESTMENT PARTNERSHIP ACT (I TOME) PROGRAM
The City Council of the City of National City will conduct a PUBLIC IIEARING on
Tuesday, July 17, 2007 at 6:00 p.m. in the City Council Chambers, 1243 National City
Boulevard, National City, California.
The purpose of the public hearing is for the City Council to consider use of various HOME
eligible activities with respect to uncommitted HOME funds and recently identified
HOME Program Income. The public is invited to comment on the best use of these
housing funds for low-income households in National City.
Further information can be obtained at the City of National City, Grants and Housing
Department located at 1243 National City Boulevard, Basement Level, National City,
California, or by contacting Xavier Velasco at (619) 336-4266 or via email
xvelasco@ci.national-city.ca.us
Chris Zapata, City Manager
Published on July 13, 2007.
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE July 17, 2007
AGENDA ITEM NO.
13
(---
ITEM TITLE A Public Hearing to consider the report required by Health and Safety Code Section 547
Et Seq. pertaining to the collection of sewer charges on the tax roll, directing the City Clerk to file said
report with the San Diego County Auditor, and directing the Finance Director to certify with the San
Diego County Auditor the "Sewer Service Charge Fund".
PREPARED BY ` Smith DEPARTMENT Public Works
Ext. 4587)
EXPLANATION
See Attached Explanation
Environmental Review N/A
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Hold the public hearing
BOARD I COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
1. Report is on file in the Office of the City Clerk
Explanation:
Pursuant to Ordinance No. 2003-2225, the City Council adopted a three-year sewer service fee
rate adjustment schedule commensurate with projected Regional wastewater treatment cost
increases and elected to have sewer service charges collected on the tax roll, as authorized by
California Health and Safety Code Section 5473 et seq.
California Health and Safety Code Section 5473 requires a written report to be prepared each
year and filed with the City Clerk, which should contain a description of each parcel of real
property receiving sewer services, and the amount of the charges for each parcel for the year.
Califomia Health and Safety Code Section 5473.4 provides that on or before August 10 of each
year, the City Clerk shall file with the County Auditor a copy of the report prepared pursuant to
Section 5473 with a statement endorsed on the report over his signature that the report has
been adopted by the City Council, and the Auditor shall enter the amounts of the charges
against the respective lots or parcels of land as they appear on the current assessment roll.
By approving the proposed resolution, the City Council, would for FY2007-2008, adopt the
report required by California Health and Safety Code Section 5473, direct the report to be kept
on file in the Office of the City Clerk, and direct the City Clerk to file a copy of the report with the
County Auditor.
The City of National City sewer service fees are monthly flat rates, based on water consumption
for domestic users. For commercial and industrial users, the monthly charges are variable and
based on water consumption and on the strength of the sewage they generate (low, medium or
high). The table below summarizes the three-year rate plan adopted by the City in 2003.
National City Sewer Service Rates for FY 2004, 2005, and 2006
Residential Flat Rates (per
m1
Single Family Residence
Mutti-Famlly Residence
Mobile Homes
Commercial Variable Rates
Suspended Sollds/BOD
Strength Category
Commercial -
Commercial -
Commercial -
Commercial -
Commercial -
Low
Medium Low
Medium
Medium High
High
(per HCF1
Suspended
Sollds/BOD
Strength Range
<200 PPM
201 to 280 PPM
281 to 420 PPM
421 to 660 PPM
> 600 PPM
FY 2004 FY 2005 FY 2006
Monthly Monthly Monthly
$ 22.08 $
$ 19.00 $
$ 13.50 $
2.85 $
3.09 $
3.84 $
4.60 $
5.75 $
28.08 $ 32.08
23.00 $ 26.00
17.50 $ 19.50
2.89 $ 3.03
3.13 $ 3.28
3.90 $ 4.09
4.68 $ 4.90
5.86 $ 6.12
It should be noted the City of National City sewer service fee have not increased since FY06
and is 10% below the Regional average fee charge for this service. The table below is an
illustration of the fees charged by the major METRO Agency members.
Monthly Rates are based on single family residence charged for 10 HCF (Hundred Cubic Feet).
Padre Dam MWD
National C
ronado
keside
El Cajon
int= •ardens
2007
$45.73
$32.0
$31.
$27.42
$25.
$18.
01/01/07
05/01/07
07/01/06
07/01/04
07/01/06
07/01/06
07/01/06
2008
Average
Maximum
Minimum
$ 34.64
$ 69.85
$ 18.00
$ 35.45
$ 71.15
$ 18.00
The cost of wastewater collection, transportation and treatment has increased dramatically over
the years. The sewer service rate plan adopted by the City Council in 2003 provided sufficient
revenues to cover these costs and those of the NPDES permit compliance activities necessary
to eliminate the amount of urban run-off pollution that enters our storm drain system. Currently,
the METRO Wastewater Joint Power Authority, the Agency that operates, maintains and
administers the regional facilities that transport, treat and dispose of the area's effluent is
working on a comprehensive cost allocation study, which may substantially increase the rates
paid by its member Agencies. The City of National City, as a member Agency and interested
party, is actively working with METRO staff to assure the increase, if any, is justifiable and fair to
all member Agencies. Staff will keep you informed regarding this potentially significant issue as
the study progresses.
City of National City, California
CITY COUNCIL AGENDA STATEMENT
14
MEETING DATE Inly 17 7007 AGENDA ITEM NO
ITEM TITLE
Public Hearing of the City Council of the City of National City regarding the levy of self assessments
for Landscape Maintenance District No. 1 Mile of Cars (Community Benefit District) to fund
enhanced median and frontage improvements, including landscaping and irrigation, painted
crosswalks and colored concrete hardscape, and ongoing maintenance for graphic panels, banners,
signagc, and street furniture
PREPARED BY
Xavier Del Valle, x4279
Senior Project Manager
DEPARTMENT Q
Redevelopment Division
EXPLANATION
The City of National City shall conduct a public hearing for the levy and collection of self
assessments associated with Landscape Maintenance District No. 1 - Mile of Cars (Community
Benefit District). Attachment 1 of this report provides the Order of Procedure for the public hearing.
Environmental Review CEQA is not applicable
Financial Statement Total property assessments for fiscal year 2007-2008 are estimated at $121,200.
Property assessments (fees) range from S412 to $8,110 depending on property frontage and benefit.
STAFF RECOMMENDATION City Council open the Public Hearing for the levy of self assessments
associated with Landscape Maintenance District No. 1 - Mile of Cars (Community Benefit District).
ATTACHMENTS Resolution No.
1. Background Report
2. Public IIearing Notice
l
A-200 (9/80)
ATTACIIMENT l
BACKGROUND REPORT
Order of Procedure:
The following sets forth the Order of Procedure for the public hearing to consider the levy and
collection of self assessments for Landscape Maintenance District No. 1 - Mile of Cars
("Maintenance District").
1. The Mayor shall announce that the Public Ilearing is to consider the levy and collection
of self assessments for the maintenance costs associated with the Maintenance District.
2. The City Clerk shall make a statement that a public notice has been given in the manner
and form as required by law. A Certificate of Compliance is on file and available for
public inspection at the Office of the City Clerk.
3. The Community Development Director shall provide an oral report that will describe
the purpose of the Maintenance District, its boundaries, the proposed assessments upon
assessable lots, and a general overview of the Engineer's Report. The oral report shall
also include a number of protests received (% of assessed area) and shall announce that
copies have been delivered to each member of the legislative body.
4. The Mayor shall require each speaker to identify themselves (including their site
address), and provide their comments in the following order:
a. Firstly, individuals in opposition to the maintenance work to be completed; and
(b) assessment methodology; and
b. Secondly, individuals in favor of the assessment proceedings.
5. City Council shall provide discussion regarding the assessment proceedings, if necessary.
6. The Mayor shall close the public hearing and the City Council shall consider taking
action on the item.
NOTICE OF A PUBLIC IIEARING OF
THE CITY OF NATIONAL CITY
DECLARING ITS INTENTION TO PROVIDE
FOR AN ANNUAL LEVY AND COLLECTION OF
ASSESSMENTS FOR LANDSCAPE MAINTENANCE
DISTRICT NO. 1 — MILE OF CARS,
AND SETTING A TIME AND PLACE
FOR A PUBLIC HEARING THEREON
ANNUAL LEVY OF ASSESSMENTS
The City Council of the City of National City, California, has previously formed a special
maintenance district pursuant to the "Landscaping and Lighting Act of 1972," as set forth
in Division 15, Part 2 of the Streets and Highways Code of the State of California (the
"1972 Act"). The special maintenance district is designated as Landscape Maintenance
District No. 1 - Mile of Cars ("Maintenance District").
It is the intention of the City Council to conduct proceedings to provide for the levy of
assessments for the upcoming fiscal year to provide for the annual costs for maintenance
and/or servicing of improvements within the Maintenance District.
ENGINEER'S REPORT
An Engineer's Report ("Report") has been prepared for the Maintenance District, as
required by the 1972 Act and Article XIIID of the Constitution (Article XIIID). The
Report is available for public inspection in the Office of the City Clerk. Reference is
made to said Report for a description of the improvements to be maintained, the
boundaries of the Maintenance District, and the proposed assessments upon assessable
lots within the Maintenance District.
PUBLIC HEARING
Notice is hereby given that the City Council of the City of National City shall hold a
Public Hearing on Tuesday, July 17, 2007 at 6:00 p.m. in the City Council Chambers,
located in the Civic Center, 1243 National City Boulevard, National City, CA. The
City Council shall consider all oral statements and all written protests or communications
made or filed by any interested persons regarding the annual levy and collection of
assessments for landscape Maintenance District No. 1 — Mile of Cars.
City of National City, California
CITY COUNCIL AGENDA STATEMENT
MEETING DATE Tuly 17, 7007 AGENDA ITEM NO 15
(ITEM TITLE
Resolution of the City of National City approving the diagram and assessment Engineer's Report, and
providing for the levy and collection of self assessments for Landscape Maintenance District No. 1 —
Mile of Cars (Community Benefits District) to fund enhanced median and frontage improvements,
including landscaping and irrigation, painted crosswalks and colored concrete hardscape, and ongoing
maintenance for graphic panels, banners, signage, and street furniture
PREPARED BY
Xavier Del Valle, x4279
Senior Project Manager
DEPARTMENT
Redevelopment Division
EXPLANATION
In 1995 the City Council approved an Engineer's Report (pursuant to the Landscaping and Lighting Act
of 1972), which authorized the levy of self assessments for enhanced maintenance work within the
designated Landscape Maintenance District No. 1 — Mile of Cars (Community Benefit District). Since
then, the budget and assessment schedule have been reviewed, and an Amended Engineer's Report
(Attachment 1) has been prepared each year. Pursuant to the Engineer's Report, self assessments levied
upon all affected properties shall be subject to an annual escalation of up to 10%. If the annual
assessment is increased in excess of the amount authorized under the Engineer's Report, then the
assessment shall be considered a "new or increased" assessment. The proposed assessment for this year
is not considered a "new or increased" assessment under the Engineer's Report.
Total property assessments for this year are estimated at $121,200. If approved, the assessments shall he
collected by the County of San Diego Auditor and Controller as part of the annual property tax
\ procedures. The due date for the City Clerk to file the assessment with the County is August 10, 2007.
Environmental Review CEQA is not applicable
Financial Statement Total property assessments for fiscal year 2007-2008 are estimated at S121,200,
which is $7,600 more than last year's assessment. Property assessments (fees) range from $412 to $8,110
depending on property street frontage and benefit.
STAFF RECOMMENDATION City Council approve the resolution
ATTACHMENTS
I. Engineer's Report
2. Resolution
L
Resolution No.
A-200 (9/80)
RESOLUTION NO.2007
RESOLUTION OF THE CITY OF NATIONAL CITY
APPROVING THE DIAGRAM AND ASSESSMENT
ENGINEER'S REPORT, AND PROVIDING FOR THE
LEVY AND COLLECTION OF SELF ASSESSMENTS
FOR LANDSCAPE MAINTENANCE NO. 1 — MILE OF CARS
(COMMUNITY BENEFIT DISTRICT) TO FUND ENHANCED
MEDIAN AND FRONTAGE IMPROVEMENTS, INCLUDING
LANDSCAPING AND IRRIGATION, PAINTED CROSSWALKS
AND COLORED CONCRETE HARDSCAPE, AND ONGOING
MAINTENANCE FOR GRAPHIC PANELS, BANNERS, SIGNAGE,
AND STREET FURNITURE
WHEREAS, the City Council, pursuant to the terms of the "Landscaping and
Lighting Act of 1972", as set forth in Division 15, Part 2 of the California Streets and Highways
Code (the "1972 Act") and Article XIID of the California Constitution ("Article XIID"), by previous
resolution, has obtained an Assessment Engineer's Report ("Report") for the annual levy of self
assessments within a special maintenance district designated as Landscape Maintenance
District No. 1 - Mile of Cars ("Maintenance District"); and
WHEREAS, the Report has been presented to the City Council as required by
the 1972 Act and Article XIID, and as previously directed by resolution; and
WHEREAS, the City Council has reviewed the Report, and is satisfied with each
and all the items and documents as set forth therein, including the assessments, which are
apportioned based on the special benefits received from the improvements to be maintained
within the Maintenance District.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
National City as follows:
RECITALS
Section 1. The above recitals are all true and correct.
PROCEDURES
Section 2. That the Report as presented consists of the following:
A. Plans and specifications describing the general nature, location, and
improvements to be maintained within the Maintenance District;
B. An estimate of the cost of the maintenance of the improvements for the
Maintenance District within the fiscal year;
C. A site map of the Maintenance District, illustrating the boundaries and properties
that shall be assessed; and
D. Estimated costs of the maintenance of improvements, including the net amount
upon all assessable lots within the Maintenance District in proportion to the
special benefits received.
Resolution 2007 --
July 17, 2007
Page 2
The City Council hereby finds that the procedures for the levy of property assessments
have been undertaken pursuant to the 1972 Act and Article XIID, and that the assessments for
Fiscal Year 2007-2008 have not increased based upon the authorized annual escalation, as
specified in the Report.
DETERMINATION AND CONFIRMATION
Section 3. Based on the Report, herein included as Attachment 1, and the testimony
and other evidence presented at the public hearing, the City council hereby makes the following
findings pertaining to the assessments:
A. The proportionate special benefit derived by each assessed lot has been
established in relation to the full cost for the annual operations and maintenance
of the Maintenance District;
B. The assessments do not exceed the reasonable cost of the proportional special
benefit upon each assessed lot; and
C. Only the special benefits have been assessed.
The self assessments for Fiscal Year 2007-2008 have been approved and levied upon
the assessable lots within the Maintenance District in the amounts set forth in the Report.
ORDERING OF MAINTENANCE
Section 4. The City Council hereby orders that the maintenance work for the
Maintenance District be completed, as set forth in the Report.
FILING WITH CITY CLERK AND CITY ENGINEER
Section 5. The assessment for the Maintenance District shall be filed in the office of
the City Clerk, including a certified copy with the office of the City Engineer. Said assessments
shall be available for public inspection.
FILING WITH COUNTY AUDITOR
Section 6. The City Clerk is hereby ordered to file a certified copy of the
assessments with the County Auditor. Said filing shall be made no later than August 10, 2007.
ENTRY UPON THE ASSESSMENT ROLL
Section 7. After filing the assessments, the County Auditor shall enter into the
County Assessment Roll the amount assessed upon each assessable lot, as set forth in the
Report.
COLLECTION AND PAYMENT
Section 7. The assessments shall be collected at the same time and manner that the
County taxes are collected, and all laws providing for the collection and enforcement of the
County taxes shall also apply to the assessments for the Maintenance District.
Resolution 2007 —
July 17, 2007
Page 3
FISCAL YEAR
Section 8. The assessments for the Maintenance District shall cover the fiscal year
beginning on July 1, 2007, and ending on June 30, 2008.
PASSED and ADOPTED this 17th day of July, 2007.
Ron Morrison, Chairman
ATTEST:
Brad Raulston
Secretary
APPROVED AS TO FORM:
George H. Eiser, III
Legal Counsel
TWELTH AMENDED ENGINEER'S REPORT
LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS)
City of National City, California
(Pursuant to the Landscaping and Lighting Act of 1972)
In 1995, the City Council of the City of National City, California, adopted a Resolution ordering
the preparation and filing of an Engineer's "Report" pursuant to the provisions of the "Landscaping
and Lighting Act of 1972", being Division 12, Part 2 of the Streets and Highways Code of the State
of California, commencing with Section 22500 (the "Act"), for purposes of authorizing the levy of
special assessments for certain maintenance. work in a special assessment district known and
designated as Landscape Maintenance District No. 1 (Mile of Cars) (hereinafter referred to as
the "District").
An Engineer's Report dated February 15, 1995, was prepared and submitted as ordered by the
legislative body. Following the date of the Engineer's Report certain changes were made to the
project. Such changes were described in the First Amended Engineer's Report dated August 1,
1996 and in the Second Amended Engineer's Report dated July 31, 1997. Since that time, the
budget and assessment schedule have been reviewed, and an Amended Engineer's Report has been
prepared each year. The most recent Engineer's report was the Eleventh Amended Engineer's
Report dated July 12, 2006. Rased on an analysis of expenditures, adjustments are now necessary to
the cost estimates and assessment schedule.
This "Twelth Amended Engineer's Report", is prepared and submitted in four parts, consisting of
the following:
Part 1. Plans and Specifications. The plans and specifications describe the general nature,
location and extent of the proposed improvements to he maintained and the
maintenance to be performed. The plans and specifications are unchanged from the
Eleventh Amended Engineer's Report.
Part lI. Cost Estimate. The cost estiinate includes all costs relating to maintaining the
improvements for the next fiscal year, including appropriate incidental expenses.
Part III. Assessment Diagram. The Assessment Diagram indicates the exterior boundaries
of the District, as well as setting forth each individual lot or parcel. Each parcel is
identified by a distinctive number or letter and the lines and dimensions of each lot
conform to those as shown on the Latest County Assessor's map. The Assessment
Diagram is unchanged from the Eleventh Amended Engineer's Report.
Part IV. Assessment Schedule. The assessment schedule sets forth the net amount to be
assessed upon all parcels and lands within the District, describing each assessable
lot or parcel by reference to a specific number, and assessing the net amount upon
the lots in proportion to the benefits to be received by each lot or parcel as shown
on the above -referenced diagram.
All lots and parcels of land known as public property, as defined under Section
22663 of the Act, have been omitted and are exempt from any assessment under
these proceedings.
This report is applicable for the maintenance of improvements within the district for the fiscal year
commencing July 1, 2007 and ending June 30.2008.
Dated: June 7, 2007 Nasland Engineering
Assessment Engineer
City of National City
State of ('alitornia
PART I
Plans and Specifications
The plans and specifications for the works of improvements and the maintenance thereof are on file
in the Office of the City Clerk, available for public inspection. The plans and specifications show
the general nature, location and extent of the proposed improvements to be maintained and the
maintenance to be performed.
A general description of the works of improvement to be maintained under these proceedings are
described as follows:
1. Median Improvements:
• Landscape planting and irrigation
• Colored concrete handscape
• Lighting system
• Graphic panels, banners and signage
• Painted crosswalks
• Identification sign at 23rd Street and McKinley Avenue.
2. Frontage Improvements
• Improvements to parkways on both sides of National City Boulevard between 18th
Street and 33rd Street.
• Landscape planting and irrigation
• Colored concrete sidewalks and mow curbs
• Street furniture
A general description of the maintenance to be performed on such improvements is described as
follows:
1. Cicneral Plant Maintenance
• Mowing, trimming, pruning and weeding
• Watering, including water usage
• Fertilizing
• Plant replacement
• Periodic skinning of palm trees
2. Maintenance of Irrigation System
• Adjustment of timers
• Repair/replacement of worn-out, stolen or malfunctioning equipment
3. Periodic restriping of decorative. crosswalks
4. Periodic repainting of metal benches and trash receptacles
5. Periodic repainting and repair of light poles, graphic panels, signage and other
miscellaneous equipment
6. Maintenance of electrical system
• Bulb replacement
• Repair/replacement of worn out or malfunctioning equipment
• Electrical energy charges
7. Litter removal
8. Trash pick-up
9. Other repairs of damage caused by vandalism and/or traffic accidents
PART II
Cost Estimate
for
FY 2007 - 2008
The estimated total costs for maintenance of the improvements are those as hereinafter set forth
below. For details regarding the estimated cost of annual maintenance refer to the attached Exhibit
Median Frontage
Improvements Improvements
Cost of Annual Maintenance $65,466.67 $53,333.33
Incidentals:
A. Administration 300.t10 300.00
B. Advertising 200.00 200.00
C. Legal Fees 100.00 100.00
D. Engineering 700.00 500.00
Total IncidentaLs 1,300.00 1,100.00
Total Estimated Aimual Cost 66,766.67 54,433.33
Surplus or Deficit 00.00 00.00
NET ANNUAL ASSESSMENT $66,766.67 $54,433.33
PART III
Assessment Diagram
The Assessment Diagram sets forth (a) the exterior boundaries of the District and (b) the lines of
each lot or parcel of land within the District. The Assessment Diagram further identifies each lot or
parcel by a distinctive number or letter. For a detailed description of the lines and dimensions of
any lot or parcel, reference is made to the County Assessor's Map applicable for the next fiscal year,
which map shall govern for all details concerning the lines and dimensions of such lots or parcels.
A copy of the Assessment Diagram is attached hereto, referenced and incorporated.
PART IV
Assessment Schedule
I, an authorized representative of the duly appointed Assessment Engineer, by virtue of the power
vested pursuant to the Act, and by order of the legislative body, hereby make the following
assessment to cover the estimated costs and expenses for the maintenance within the District for the
next fiscal year. Said costs and expenses are generally as follows:
Median Frontage
Improvements Improvements
Cost of Annual Maintenance $65,466.67 $53,333.33
Incidental Expenses 1,300.00 1,100.00
Total Costs 66,766.67 54,433.33
Surplus/Deficit 0.00 0.00
Balance to Assessment 66,766.67 54,433.33
I do hereby assess and apportion the net amount of the costs and expenses upon the several parcels
of land within the District Iiahle therefor and benefited thereby, in proportion to the estimated
benefits that each parcel receives, respectively, from the maintenance work, and said parcels are
hereinafter numbered and set forth to correspond with the numbers as they appear on the attached
assessment Diagram and the County Assessment Roll.
The Assessment Schedule refers to the County Assessor's Maps for a description of the lots or
parcels, and said Maps shall govern for all details concerning the description of the lots or parcels.
The net amount to he assessed upon the lands has been spread and apportioned in accordance with
the benefits received from each parcel, and in my opinion, said costs and expenses have been
apportioned in direct relationship to the benefits received from the improvements to be maintained.
For a more specific statement as to the method and formula for the spread of the assessments,
reference is made to the following list of annual assessments, and for particulars as to the formula
for the allocation of the costs, reference is made to the Method and Formula of Assessment
Spread attached hereto as Exhibit "A".
The assessments are those as confirmed in Colurnn L unless a different figure appears in Colurnn II,
as modified.
I II
Assesment Assessor's Parcel Amount of Assessment
Number Number Assessment as Confirmed
1 560-210-01 $ 1,715.39
2 560-210-04 2,264.32
3 560-210-42 411.69
4 560-210-41 686.16
5 560-210-40 2,895.58
6 560-261-08 3,705.24
7 560-271-14 1,303.70
8 560-271-07 1,029.23
9 560-271-09 686.16
10 560-271-15 1,372.31
11 560-330-03 8,110.37
12 562-021-01 1,372.31
13 562-021-07 2,195.70
14 562-031-14 2,195.70
15 562-031-13 1.509.54
16 562-090-06 3,705.24
17 562-100-14 1,852.62
18 562-100-13 1,852.62
19 562-160-07 4,116.94
20 562-180-32 1,125.30
21 562-180-33 1,742.84
22 562-251-37 2,772.07
23 562-251-38 2,291.76
24 562-252-15 4,528.63
25 562-321-07 2,497.61
26 (Parcel owned by City) 0.00
27 562-330-42 1,042.96
28 562-330-35 3,417.06
29 562-220-32 4,309.06
30 562-220-31 2,127.08
31 562-220-13 3,156.32
32 562-220-11 752.13
33 562-150-13 2,868.13
34 562-340-09 4,116.94
35 562-340-48 5,983.28
36 562-340-47 2,250.59
37 562-340-70 4,116.94
38 562-340-69 3,979.71
39 562-340-50 4,116.94
40 562-340-49 3,993.43
41 560-393-04 6,587.10
42 560-393-03 1,921.24
43 560-204-02 1.921.24
44 560-204-04 2.607.39
45 560-203-03 3.993.43
46 562-330-43 0.00
Total $ 121.200.00
This Assessment has been prepared pursuant to the "Landscaping and Lighting Act of 1972". The
net amount to be assessed upon the lands and parcels within the boundaries of the District has been
spread and apportioned in accordance with the benefits received from the improvements, and in my
opinion the costs and expenses have been assessed in direct relationship to the benefits received
from the maintenance of the improvements.
Dated: June 7, 2007
Nasland Engineering
Assessment Engineer
City of National City
State of California
A copy of said Assessment Roll and Engineer's Report was filed in the Office of the Secretary and
the Superintendent of Streets on the day of , 2007.
City Clerk
City of National City
State of California
Superintendent of Streets
of National City
State of California
Final approval, confirmation and levy of the annual assessment and all matters in the Engineer's
Report was made on the day of 2007 by adoption of Resolution No. by the City
Council.
City Clerk
City of National City
State of California
EXHIBIT "A"
METHOD AND FORMULA OF ASSESSMENT SPREAD
The law requires and the statutes provide that assessments, as levied pursuant to the provisions of
the "Landscaping and Lighting Act of 1972", must be based on the benefit that the properties
receive from the improvements to be maintained. The statute does not specify the method or
formula that should he used in any special assessment district proceedings. The responsibility rests
with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts
and determining the correct apportionment of the assessment obligation. For these proceedings, the
City has retained the services of Nasland Engineering.
IDENTIFY THE BENEFIT
First, it is necessary to identify the benefit that the improvements to be maintained will render to the
properties within the boundaries of the District. The improvements significantly improve the visual
appearance of the strectscape, making the Mile of Cars a more enjoyable and desirable location for
customers. The special signage and lighting provide a unifying theme, benefiting all of the
properties within the District.
APPORTIONMENT OF COSTS
In further making the analysis, it is necessary that the property owners receive a special and direct
benefit distinguished from that of the general public. In this case, an in-depth analysis was made,
and several factors are being used in the final method and spread and assessment.
All of the improvements are intended to be of direct benefit to properties within the District. These
improvements require significantly more maintenance: than normally provided by the City. It is
therefore appropriate that the properties receiving the benefit be assessed for the additional cost.
There are generally two categories of improvements to be maintained by the District. The median
improvements benefit all properties within the District. The improvements to the parkway (referred
to herein as Frontage Improvements) benefit those properties which they abut.
The specific method of spreading the assessment is described below:
1. The total cost. for maintenance of the median improvements is apportioned to all parcels in the
District based on the frontage of each parcel on National City Boulevard, except as noted
below.
2. Parcel 26 (APN 562-321-08) is owned by the City of National City, not subject to assessment.
3. Parcel 32 (APN 562-220-11) has no frontage on National City Boulevard, but will benefit
from the median improvements. This parcel is assessed for median improvements as if it had
a frontage of 1(X) feet.
4. The total cost for maintenance of the Frontage Improvements is apportioned to all parcels in
the District except Parcel 32 (APN 562-220- 1 1), based on the frontage of each such parcel on
National City Boulevard.
The frontage of each parcel is determined from current assessor's maps for the County of San
Diego, State of California. All frontage dimensions have been rounded to the nearest foot.
FUTURE ANNUAL ADJUSTMENT IN ASSESSMENT
The annual assessment to be levied on all properties within the district in fiscal year 2008-2009 and
thereafter shall he subject to an annual escalation of up to 10% based upon actual and anticipated
expenditures.
If the annual assessment in any fiscal year is proposed to be increased by an amount which would
be in excess of the amount authorized pursuant to the application of the above formula, such annual
assessment shall be considered a "new or increased assessment" as such term is used in
Government Code Section 54954.6.
In conclusion, it is my opinion that the assessments for the above -referenced District have been
spread in direct accordance with the benefits that each parcel receives from the improvements to be
maintained.
Dated: June 7, 2007
Nasland Engineering
Assessment Engineer
City of National City
State of California
EXHIBIT "B"
ESTIMATED COST OF ANNUAL MAINTENANCE
FY 20117-2008
1. Lawn planting care
2. Median planting care
3. Palm tree maintenance
4. Water usage
5. Refurbishment of graphics panels
6. General maintenance of electrical system
7. Electrical usage
8. Miscellaneous
Median Frontage
Improvements Improvements
0.00 $ 31,933.33
$ 15,966.67 0.00
$ 5,700.(10 $ 5,700.00
$ 14,500.00 $ 14,500.00
$ 12,000.00 0.00
$ 6,500.00 0.00
$ 9,000.00 0.00
1,800.00 $ 1,200.00
TOTAL: $65,466.67 $53,333.33
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LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS)
CITY OF NATIONAL all
COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
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AMENDED ASSESSMENT DIAGRAM OF
LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS)
CITY OF NATIONAL CITY
COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
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NOTE ORIGINAL SHEET
SIZE 18' x 26*
N.E. JOB No. 105-148
AMENDED ASSESSMENT DIAGRAM OF
LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS)
CITY OF NATIONAL CffY
COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
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NOTE OR"rNAL SHEET
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N.E. JOB No. 105-148
City of National City, California
COUNCIL AGENDA STATEMENT
16
MEETING DATE July 17, 2007 AGENDA ITEM NO.
(- M TITLE Resolution adopting the report required by Health and Safety Code Section 5473, Et Seq.
pertaining to the collection of sewer charges on the tax roll, directing the City Clerk to file said report
with the San Diego County Auditor, and directing the Finance Director to certify with the San Diego
County Auditor the "Sewer Service Charge Fund".
PREPARED BY _ DEPARTMENT
EXPLANATION
Smith
Ext. 4587)
See Attached Explanation
Public Works
Environmental Review J N/A
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Adopt resolution
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
1. Proposed resolution
2. Report is on file in the Office of the City Clerk
l
Explanation:
Pursuant to Ordinance No. 2003-2225, the City Council adopted a three-year sewer service fee
rate adjustment schedule commensurate with projected Regional wastewater treatment cost
increases and elected to have sewer service charges collected on the tax roll, as authorized by
California Health and Safety Code Section 5473 et seq.
California Health and Safety Code Section 5473 requires a written report to be prepared each
year and filed with the City Clerk, which should contain a description of each parcel of real
property receiving sewer services, and the amount of the charges for each parcel for the year.
Califomia Health and Safety Code Section 5473.4 provides that on or before August 10 of each
year, the City Clerk shall file with the County Auditor a copy of the report prepared pursuant to
Section 5473 with a statement endorsed on the report over his signature that the report has
been adopted by the City Council, and the Auditor shall enter the amounts of the charges
against the respective lots or parcels of land as they appear on the current assessment roll.
By approving the proposed resolution, the City Council, would for FY2007-2008, adopt the
report required by California Health and Safety Code Section 5473, direct the report to be kept
on file in the Office of the City Clerk, and direct the City Clerk to file a copy of the report with the
County Auditor.
The City of National City sewer service fees are monthly flat rates, based on water consumption
for domestic users. For commercial and industrial users, the monthly charges are variable and
based on water consumption and on the strength of the sewage they generate (low, medium or
high). The table below summarizes the three-year rate plan adopted by the City in 2003.
National City Sewer Service Rates for FY 2004, 2005, and 2006
Residential Flat Rates (per
month
Single Family Residence
Multi -Family Residence
Mobile Homes
Commercial Variable Rates
Suspended Solids/BOD
Strength Category
Commercial - Low
Commercial - Medium Low
Commercial - Medium
Commercial - Medium High
Commercial - High
(per HCF1
Suspended
Solids/BOD
Strength Range
<200 PPM
201 to 280 PPM
281 to 420 PPM
421 to 660 PPM
> 600 PPM
FY 2004 FY 2005 FY 2006
Monthly Monthly Monthly
$ 22.08 $
$ 19.00 $
$ 13.50 $
$ 2.85 $
$ 3.09 $
$ 3.84 $
$ 4.60 $
$ 5.75 $
28.08 $ 32.08
23.00 $ 25.00
17.50 $ 19.50
2.89 $ 3.03
3.13 $ 3.28
3.90 $ 4.09
4.68 $ 4.90
5.86 $ 6.12
It should be noted the City of National City sewer service fee have not increased since FY06
and is 10% below the Regional average fee charge for this service. The table below is an
illustration of the fees charged by the major METRO Agency members.
Monthly Rates are based on single family residence charged for 10 HCF (Hundred Cubic Feet).
Padre Dam MWD
San Diego
La Mesa
2007
01/01/07
05/01/07
07/01/06
07/01/04
07/01/06
07/01/06
07/01/06
2008
IAverage
Maximum
Minimum
$ 34.64
$ 69.85
$ 18.00
$ 35.45
$ 71.15
$ 18.00
The cost of wastewater collection, transportation and treatment has increased dramatically over
the years. The sewer service rate plan adopted by the City Council in 2003 provided sufficient
revenues to cover these costs and those of the NPDES permit compliance activities necessary
to eliminate the amount of urban run-off pollution that enters our storm drain system. Currently,
the METRO Wastewater Joint Power Authority, the Agency that operates, maintains and
administers the regional facilities that transport, treat and dispose of the area's effluent is
working on a comprehensive cost allocation study, which may substantially increase the rates
paid by its member Agencies. The City of National City, as a member Agency and interested
party, is actively working with METRO staff to assure the increase, if any, is justifiable and fair to
all member Agencies. Staff will keep you informed regarding this potentially significant issue as
the study progresses.
RESOLUTION NO. 2007
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
ADOPTING THE REPORT REQUIRED BY CALIFORNIA
HEALTH AND SAFETY CODE SECTION 5473, ET SEQ.
PERTAINING TO COLLECTION OF SEWER SERVICE CHARGES ON
THE TAX ROLL, DIRECTING THE CITY CLERK TO FILE SAID REPORT
WITH THE SAN DIEGO COUNTY AUDITOR, AND DIRECTING THE
FINANCE DIRECTOR TO CERTIFY WITH THE SAN DIEGO COUNTY
AUDITOR THE "SEWER SERVICE CHARGE FUND"
WHEREAS, pursuant to Ordinance No. 2003-2225, the City Council adopted a
three-year sewer service fee rate adjustment schedule commensurate with projected regional
wastewater treatment cost increases, and elected to have sewer service charges collected on
the tax roll, as authorized by California Health and Safety Code Section 5473 et seq.; and
WHEREAS, California Health and Safety Code Section 5473 requires a report to
be prepared each year and filed with the City Clerk, which report shall contain a description of
each parcel of real property receiving sewer service and the amount of the sewer service
charges for each parcel for the year; and
WHEREAS, Califomia Health and Safety Code Section 5473.4 provides that on
or before August 10 of each year, the City Clerk shall file with the Auditor a copy of the report
prepared pursuant to Section 5473 with a statement endorsed on the report over his signature
that the report has been adopted by the City Council, and the Auditor shall enter the amounts of
the charges against therespective lots or parcels of land as they appear on the current
assessment roll.
NOW, THEREFORE, BE IT RESOLVED that for FY 2007-2008 the City Council
of the City of National City hereby adopts the Report required by California Health and Safety
Code Section 5473, et seq., directs that said report be kept on file in the office of the City Clerk,
and directs the City Clerk to file with the San Diego County Auditor a copy of the Report, with a
statement that the Report has been adopted by the City Council.
BE IT FURTHER RESOLVED that the Finance Director is hereby directed to
certify with the San Diego County Auditor the establishment of Fund No. 6065-5, which shall be
described as "Sewer Service Charge", and that said fund is hereby approved.
PASSED and ADOPTED this 17th day of July, 2007.
Ron Morrison, Mayor
ATTEST: APPROVED AS TO FORM:
Michael R. Della, City Clerk George H. Eiser, III, City Attorney
City of National City, California
COUNCIL AGENDA STATEMENT
CETING DATES 7-17-07 AGENDA ITEM NO.
17
ITEM TITLE
Resolution of the City Council of the City of National City Approving the Memorandum of Understanding
(MOU) between the City and the National City Municipal Employees' Association.
PREPARED BY
Stacey Stevenson (336-4308)
Director of Human Resources
DEPARTMENT
Human Resources
EXPLANATION The labor agreement between the City of National City and the National City Municipal
Employees' Association (NCMEA) expired December 31, 2006. NCMEA represents the City's clerical/fiscal,
engineering/planning/inspection, library/community service, police support, park maintenance and public works
positions.
Since November, 2006, City representatives and NCMEA representatives have been meeting and conferring in
good faith for the purpose of negotiating a new agreement. On May 15, 2007, City representatives and NCMEA
reached a tentative three year agreement, retroactive to January 1, 2007. Pending ratification by the City
Council, the 126 employees represented by NCMEA shall receive both economic and non -economic
enhancements. Most significantly, said represented employees shall receive a one-time incentive bonus of $2300
in year one, a cost of leaving adjustment of three percent (3%) in year two and a four percent (4%) increase in
base salary in year three. The previous one year agreement provided for a one-time retention incentive of $2000
in lieu of a salary increase. In concession, NCMEA employees agree to make a one percent (1 %) contribution to
their individual retirement accounts commencing January I, 2008 and an additional one percent (1%)
commencing January 1, 2009. Other changes include increases in bilingual pay, the addition of shift differential
pay and dispatcher trainer assignment pay.
Environmental Review ./ N/A
Financial Statement
Fiscal year
Cost
Fy 07/08
S433,980
Fy 08/09
$263,791
Monies for this purpose are available in Account No. 001-2501
Undesignated Fund Balance.
Account No. 001-2501
STAFF RECOMMENDATION
Approval of resolution.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
1. Resolution
2. Proposed Memorandum of Understanding
RESOLUTION NO. 2007 -
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF NATIONAL CITY AND THE
NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION
WHEREAS, the City has met and conferred with representatives of the National
City Municipal Employees' Association; and
WHEREAS, said meet and confer was conducted pursuant to California
Government Code Section 3500, et. seq.
NOW, THEREFORE, BE IT RESOLVED as follows:
Section 1. The City Manager is hereby authorized to enter into a Memorandum of
Understanding (MOU) between the City of National City and the National City Municipal
Employees' Association for the period January 1, 2007 through June 30, 2009.
Section 2. The City Manager is hereby directed to reflect the compensation plan as
set forth in the subject MOU in the final budget for Fiscal Years 2006/07, 2007/08 and 2008/09.
Said Memorandum of Understanding shall be on file in the Office of the City Clerk
and reference is made thereto for all particulars contained therein.
PASSED and ADOPTED this 17th day of July, 2007.
Ron Morrison, Mayor
ATTEST:
Michael R. Della, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
CITY OF NATIONAL CITY
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF NATIONAL CITY
CALIFORNIA
AND
NATIONAL CITY
MUNICIPAL EMPLOYEES' ASSOCIATION
January 1, 2007 - December 31, 2009
NCMEA MOU 2007-2009
223419.2 NA04O002
MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS
AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF NATIONAL CITY AND
THE NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION FOR THE
FOLLOWING PERIOD OF TIME:
January 1, 2007 - December 31, 2009
The representatives of the City Manager of the City of National City, for and on behalf of the City
Council of the City of National City, have met and conferred with the representatives of the National
City Municipal Employees' Association, an organization representing employees of the City of National
City, in accordance with the provisions of Section 3500 et. Seq., of the Government Code of the State
of California, and;
As a result of meeting and conferring in good faith with said Group, agreement has been reached on
the following terms and conditions of employment as applied to those employees who are members of
and represented by the Association; and the Memorandum of Understanding concerning said agreed
terms and conditions of employment has been approved by the City Council of the City of National City
on
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223419.2 NA040-002
ARACELI COVARRtTB , MEA REPRESENTATIVE
TABLE OF CONTENTS
ARTICLE
TITLE PAGE
Article 1 Implementation 1
Article 2 Holidays 2
Article 3 Leave Eligibility & Procedure 5
Article 4 Annual Vacation Leave 7
Article 5 Military Leave 9
Article 6 Family Care & Medical Leave 10
Article 7 Court Leave 11
Article 8 Sick Leave With Pay 12
Article 9 Transfer of Leave Credits 17
Article 10 The Compensation Plan 18
Article 11 Overtime 20
Article 12 Education Reimbursement, Employee Lounge Upgrade, Transportation 23
Article 13 Service Recognition Pay 25
Article 14 Health & Dental Insurance 26
Article 15 Health & Safety Related Programs 28
Article 16 Employee Life Insurance 29
Article 17 Short Term/Long Term Disability Insurance 30
Article 18 Public Employees' Retirement -System— — - — 31
Article 19 Provisions of Law 32
Article 20 Employee & Association Rights 33
Article 21 Wage & Salary Schedule 35
Article 22 Uniforms 38
Article 23 Equipment Allowance 39
Article 24 Work Day, Work Week, Pay Period and Pay Day 40
Article 25 Pay Differentials 42
Article 26 Grievance Procedures ,.. 43
Article 27 Management Rights 47
Article 28 Obligation To Support 48
Article 29 Agreement, Modification, Waiver 49
Article 30 Duration of Memorandum of Understanding 50
Article 31 Definitions 51
NCMEA MOU 2007-2009
223419.2 NA040-002
ARTICLE 1
IMPLEMENTATION
Section 1
It is agreed that this Memorandum shall not be binding upon the parties either in whole or in
part unless and until:
(A) The NCMEA has approved and adopted this MOU.
(B) The City Council acts, by majority vote, formally to approve and adopt this MOU.
1. The City Council shall upon approval and adoption of said MOU act to
appropriate the necessary funds required to implement the provisions of this
MOU that require funding.
2. The City Council shall act in a timely manner to make the necessary changes in
ordinances, resolutions, rules, policies and procedures to implement and
conform to this agreement.
Section 2 Representation
The City of National City formally recognizes the National City Municipal Employees'
Association (NCMEA) as the exclusive representative of all employees in affiliation with SEIU,
Local 221 in the classifications listed under Article 21 - Wages and Salary Schedule.
Section 3 Eligibility
The wages, benefits and conditions of employment provided in this MOU are applicable to all
regular and part-time career employees as defined by Civil Service Rule 1V, Section 407.1 A.(1)
and (2) and assigned by the City to the MEA unit. Employees hired on Temporary Full -Time or
Part -Time, Intern or On -Call basis are not represented by this unit. Benefits for Part -Time
Career employees will be prorated. Career/Limited Term employees in classifications assigned
to the NCMEA Bargaining Unit may be eligible for the benefits provided herein only when the
grant or program provides adequate funding for same. However, the City agrees to request
that adequate funding for benefits be provided.
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NCMEA MOU 2007-2009
2234192 NA040-002
ARTICLE 2
HOLIDAYS
Section 1
Eligible employees in this bargaining unit are entitled, without Toss of pay, to the holidays listed
below:
(A) The following days shall be fixed holidays with pay:
1. New Year's Day - January 1st
2. Martin Luther King - 3`d Monday in January
3. Cesar Chavez Birthday - March 31 st
4. Memorial Day - Last Monday in May
5. Independence Day - July 4th
6. Labor Day - 1st Monday in September
7. Thanksgiving Day - 4th Thursday in November
8. Day after Thanksgiving
9. Christmas Eve - December 24th
10. Christmas Day - December 25th
(B) In addition to the fixed holidays above, the following four (4) days will be credited
as "Floating Holidays":
1. Lincoln's Birthday - February 12th
2. Washington's Birthday - 3rd Monday in February
3. Columbus Day - 2nd Monday in October
4. Veterans' Day - November 11th
Section 2
The floating holidays shall be used by the employee in minimum increments of fifteen (15)
minutes at the employee's discretion subject to the approval of the department head or his/her
designee as a holiday and shall be used within the fiscal year earned. Reasons for denial to
observe a holiday on the date requested by the employee shall be in writing and can only be
related in the judgment of the department head to the efficient functioning of the department. If
the department head certifies in writing to the Finance Director that it was not possible to grant
the time off during the fiscal year due to unforeseen or extreme workload problems, then
unused holiday credits will be added to the employee's vacation accumulation.
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NCMEA MOU 2007-2009
223419.2 NA040-002
Article 2 - Holidays Page 3
Floating holidays may be used earlier in the fiscal year than their occurrence. New employees
shall not receive credit for holidays which occurred prior to their starting date. Separating
employees who have received paid time off for holidays which have not occurred as of the date
of their separation are required to repay the City for such floating holidays for which they have
been paid. Only non -probationary employees and employees separating in good standing shall
be paid for accrued and not taken holiday time.
Section 3 Appointed And Religious Holidays
With City Council approval, every day appointed by the President of the United States or by the
Governor of California for a public fast, thanksgiving or holiday, with the exception of Good
Friday, shall be honored as an additional holiday. Employees may request time off to attend
religious services or other religious activities on Good Friday or on the recognized religious
holidays during the year; such time off shall be charged to the employees annually accumulated
leave or compensating time off. If the employee has no accumulated annual leave or
compensating time off, such time off shall be without pay.
Section 4 Holidays Occurring On Normal Work Day, During Sick Leave
Or Annual Leave Or On A Weekend
In the event an employee is required to work on a fixed holiday and which holiday falls on the
employee's regular day off, the employee shall be paid at the time and a half rate for hours
worked on the holiday and shall also receive the same number of hours worked as hours of
floating holiday time. If the holiday falls on the employee's regular day off and the employee is
not required to work, such employee shall be granted a floating holiday.
When an employee is absent on annual leave, sick leave or compensating time off, a fixed
holiday immediately preceding, immediately following or wholly within such leave period shall be
recorded as a holiday and not as a day of leave.
If a fixed holiday occurs on the first day, usually a Saturday, of an employee's regularly
scheduled days off, the preceding working day will be observed as the holiday. If the holiday
occurs on any other day, usually a Sunday, of an employee's regularly scheduled days off, the
following working day will be observed as the holiday.
Should the City shift the observed holiday to a day other than the actual holiday, City
employees working schedules outside of the standard Monday through Friday will continue to
observe the actual holiday and be compensated according to time worked on the actual holiday
as outlined below. Employees in this situation will be notified of the appropriate time card
notations in advance of the holiday.
In the event that an employee is required to work on a fixed holiday as part of his/her normal
work schedule, the employee shall receive premium pay (time and one half) for hours worked or
receive straight time and an equal number of hours of floating time as hours worked at the
employee's option.
NCMEA MOU 2007-2009
223419.2 NA040-002
Article 2 - Holidays Page 4
Only employees who work a majority (over half) of their scheduled hours between 12:00 a.m.
and 11:59 p.m. on the observed fixed holiday are eligible for this benefit. Exception: For the
fixed holidays of Christmas Day, New Year's Day, day of July 4th, and Thanksgiving Day,
employees shall receive 8 hours paid holiday time at straight time plus 1.5 time the hours
actually worked with a minimum of two (2) hours of pay.
Section 5 Christmas Week Closing
During the days of December 26, through December 30, 2005 City facilities will close, except
for Emergency Services including Police and Fire, and non -essential employees will not work
and will use any paid leave, except sick leave, for those days off which are not already covered
by paid holidays.
The Library will be closed from 12/24/05 through 1/1/06.
Unanticipated schedule and holiday pay issues related to this holiday closure will be addressed
in advance of the holiday in a meet and confer setting.
NCMEA MOU 2007-2009
223419.2 1,1A040• 002
ARTICLE 3
LEAVE ELIGIBILITY AND PROCEDURE
Section 1 Leave Categories
Consistent with the provisions of these articles, employees in the competitive service shall be
entitled to holidays and annual vacation and shall be allowed sick, injury, emergency and
special leaves of absence. Career part-time employees in competitive service working twenty
(20) hours or more per week, shall be entitled to all holidays, annual vacation, sick or
emergency leave and special leaves of absence as granted to full-time employees on a pro rata
basis within the same number of pay periods.
Section 2 Requests For Leave
All requests for leaves of absence, whether with or without pay, shall be submitted in writing on
prescribed forms, and except as provided in the case of compulsory leave, court leave and
special meetings, must meet the approval of the department head.
Section 3 Leave Approval
Except in the case of sick or emergency leave, the scheduling of leaves is subject to the
approval of the department head or his/her designee. It is the obligation of the employee to
request in writing prior approval for all other leaves. Under unusual circumstances, the
department head has the discretion to waive the requirement for prior approval. The
department head shall respond to a request for leave within ten (10) days. Approvals may be
rescinded by the department director in time of emergencies suchas flood, earthquake, fire,
civil disturbance, maintenance of skeleton staffing level, and other similar situations. Leave will
not be denied unless the department demonstrates that it cannot function without the individual
who is requesting a leave.
Section 4 Leave Of Absence - Commencement and Termination
Each leave of absence shall be granted for a specific period of time and a specific cause, and if
such cause shall cease to exist prior to the expiration of the period for which the leave is
granted, such leave shall thereafter be invalid.
-5-
NCMEA MOU 2007-2009
223419.2 NA040-002
Article 3 - Leave Eligibility and Procedure Page 6
Section 5 Leave Of Absence - Failure To Report
Leaves of absence shall be indicated on the payroll time sheets submitted to the Director of
Finance for checking and certification. Failure of an employee to report at the expiration of
leave shall separate the employee from City service and shall be considered, in effect, a
resignation; provided, however, the City may cancel such separation if circumstances warrant
such cancellation (as determined by the City Manager or his designee).
Section 6 Benefits During Leave Without Regular Pay
All accrual of leaves, City contributions and benefits will be suspended at the end of 45
calendar days after the leave of absence begins, except as provided in this MOU and applicable
law. This includes leaves without pay, suspensions, injury leave and military leave. All
accounts, contributions and benefits will resume upon return from leave.
NCMEA MOU 2007-2009
223419.2 NA040-002
ARTICLE 4
ANNUAL VACATION LEAVE
Section 1
All eligible employees shall be entitled to annual vacation leave with pay.
Section 2 Accrual Rates
All accrual rates are calculated on the basis of biweekly pay periods. AD forty (40) hour per
week employees shall be govemed by the following vacation accrual rates:
1 through 5 year's service
3.08 hours per pay period
6 through 10 year's service
4.62 hours per pay period
11 through 12 year's service
4.94 hours per pay period
13 through 14 year's service
5.23 hours per pay .eriod
15+ year's service
6.15 hours per pay period
New employees will receive, during their initial probationary period, five (5) days (totaling 40
hours) of accrued vacation at completion of nine (9) months of employment and five (5) days
(40 totaling hours) of accrued vacation at completion of the probation period. Accrual will then
continue at the rates above.
Section 3 Scheduling of Vacation
Vacation schedules shall be arranged by the department head with particular regard to the
needs of the City and, as far as possible, with the wishes of the employee.
1. Eligibility for vacation pay shall be verified by the Finance Officer, who will pay
only for that time which has accrued.
If the requirements of the employee's services are such that the employee
cannot take part or all of his/her annual vacation in a particular calendar year,
such vacation shall be taken during the following calendar year.
3. An eligible employee may take earned vacation in any increment of fifteen (15)
minutes or more with the consent of the department head and the approval of
the City Manager.
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NCMEA MOU 2007-2009
223419.2 NA040-002
Article 4 - Annual Vacation Leave Page 8
Section 4 Maximum Vacation Accumulation
An employee may accumulate vacation to a maximum of 2.5 times the yearly earned vacation
time. Vacation leave is credited as earned and the amount of vacation leave accumulated shall
not exceed the maximum and accrual shall stop whenever the employee is at the maximum.
Section 5 Holidays Falling Within Vacation Period
Except in the case of terminal vacation leave, paid holidays immediately proceeding,
immediately following or wholly within the vacation period shall not be regarded as part of the
vacation.
Section 6 Terminal Vacation Pay
Upon termination from City service, an employee shall be entitled to pay in lieu for the number
of accumulated vacation hours credited to the employee's account to a maximum of 2.5 times
their annual accrual under the provisions of this section. All vacation granted upon completion
of an .employee's last day of work shall be a lump sumpayment termed "terminal vacation pay"
at the employee's current rate of pay.
Section 7 Vacation Sell -Back
All MEA members on a career basis using a minimum of 60 vacation hours during the eligibility
period (reduced to 50 vacation hours in the first full pay period after ratification of this MOU by
the City Council), and having at least 80 hours "on the books" before and after the request, may
convert a minimum of twenty (20) hours and a maximum of eighty (80) hours of their
accumulated vacation time payable in December of each year. Employees must submit a
written request to the Human Resources Department to convert vacation hours to pay prior to
December first of each year in order to be eligible. The eligibility period is defined as the start
of the pay period which corresponds to the first payday in December and the previous twenty-
five pay periods. City shall issue checks to employees separate from their regular paychecks
for purposes of vacation sell back, and attempt to process these requests prior to the Holiday
break.
NCMEA MOU 2007-2009
223419.2 NA040-002
ARTICLE 5
MILITARY LEAVE
In addition to the leaves of absence provided in this article, City officers or employees who are
also members of the armed services or militia or organized reserves of this State or Nation,
shall be entitled to the leaves of absence and the employment rights and privileges provided by
the Military and Veterans' Code of the State of California.
1. The term "Military Service" as used herein shall signify service on active duty
with any branch of service above mentioned as well as training or education
under the supervision of the United States preliminary to induction into the
military service.
2. The terms "active service" or "active duty" shall include the period during which
such officer or employee while in military service is absent from duty on account
of sickness, wounds, leave or other lawful cause.
3. No employee serving under a permanent appointment in the Classified Service
shall be subjected by any person directly or indirectly by reason of his/her
absence on military leave to any loss or diminution of vacation, holiday,
insurance, pension, retirement or other privilege or benefit now offered or
conferred by law, or be prejudiced by reason of such leave with reference to
promotion, continuance in office or employment, re -appointment or re-
employment.
4. When military leave is granted to an employee in the Classified Service pursuant
to this section, the position held by such employee shall be filled temporarily only
during the employee's absence, except in the event of the employee's death
while on leave, and said employee shall be entitled to be restored to such
position, or to a position of like seniority, status and pay upon, retum from such
leave, provided employee is still mentally and physically qualified to perform the
duties of such position and provided said employee makes application for re-
employment within ninety (90) days after being relieved from such military
service.
5. During absence on military leave any employee in the Classified Service who
has been employed continuously by the City for a period of not less than one (1)
year prior to the date upon which such absence begins, shall receive his/her
regular salary for a period not to exceed thirty (30) calendar days in any one
fiscal year. All services of said employee in the recognized military service shall
be counted as employment with the City.
After 30 consecutive days of paid military leave, the City will supplement an
employee's military pay for a period of 6 months. This supplemental amount will
be the difference between the employee's normal pay and their military pay. In
addition, the City will provide existing levels of health care benefits during the
supplemental 6-month period. At the discretion of the City Council, supplemental
paid military leave may be extended beyond the 6-month period.
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NCMEA MOIL 2007-2009
223419 2 NA040-002
ARTICLE 6
FAMILY CARE AND MEDICAL LEAVE
REFER TO CITY POLICY ON FAMILY AND MEDICAL LEAVE. SAID POLICY IS ON FILE IN
THE OFFICE OF THE PERSONNEL DIRECTOR, AND IS INCORPORATED IN THE MOU BY
REFERENCE.
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NCMEA MOU 2007-2009
223419.2 NA040-002
ARTICLE 7
COURT LEAVE
An employee who is required by court order to serve as a juror or as a witness who is not a
party to a court action, shall be granted leave for such purpose upon presentation of proof of
the period of said employee's required attendance to the department head and the Finance
Officer. The employee shall receive full pay for the time he/she serves on court duty. Request
for such leave shall be made upon the request for leave of absence forms.
Police Services Officers, Crime Scene Specialists, Fire Inspectors and Police Dispatchers shall
get a minimum of three (3) hours pay, at a rate of time and one half, for each court appearance
required by their work responsibilities on regularly scheduled time off. If the employee travels
directly between the court and his/her residence, then the employee shall be paid for 1/2 hour
maximum. If the employee reports to the Police Station, he/she is not entitled to travel time
between the station and home; he/she would be entitled, however, to compensation for parking
fees and travel time between the station and the court. The City encourages the use of public
transportation to avoid incurring parking fees.
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223419.2 NA040-002
ARTICLE 8
SICK LEAVE WITH PAY
The intent of this article is to provide a continuity of full salary to those eligible employees who
are unable because of illness or injury to perform the duties of their positions who would expose
fellow workers or the public to contagious disease and are thereby forced to be absent from
employment, and to provide necessary time off from work for required medical and dental care,
subject to administrative regulations designed to prevent malingering or abuse of these
privileges.
Section 1 Sick Leave Definition
Sick leave is the necessary absence from duty of an employee because of:
(A) Illness, injury or exposure to a contagious disease suffered by an employee.
(B) The serious disability of the employee while on a scheduled vacation.
(C) The absence of an employee for authorized medical or dental care.
Section 2 Sick Leave Accumulation
(A) Each regular full-time career or probationary employee in this bargaining unit, shall be
entitled to accumulate sick leave at a rate of 3.69 hours per biweekly pay period.
Earnings for partial pay periods shall be granted on a pro rata basis. Permanent part-
time employees in the competitive service are entitled to accumulate sick leave at a rate
consistent with the provisions of Article 3, Section 1.
(B)
Accumulated Sick Leave: Each career or probationary employee in this bargaining
unit shall be eligible to accumulate sick leave up to a maximum of 360 hours, (herein
called "accumulated sick leave"). Sick leave accrual will be credited on the last of each
pay period up to the 360 hour maximum limitation.
(C) Frozen Sick Leave Balance: Employees hired on or before June 30, 1979 and who
have an existing sick leave balance on June 30, 1979 were "frozen" at their June 30,
1979 sick leave balance levels on July 1, 1979. (Herein called "frozen sick leave
balance").
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Article 8 - Sick Leave With Pay Page 13
Section 3 Sick Leave Usage
(A) Employees shall first utilize accumulated sick leave pursuant to Section 1 herein.
Frozen sick leave balance will only be authorized for use after accumulative sick leave
credits are exhausted for those employees who have a frozen sick leave balance
pursuant to Section 2(C) herein.
(B)
Upon reaching the maximum accumulated sick leave (360 hours), accrual will stop; sick
leave accrual will begin after the employee's balance falls below 360 hours. Accrual will
occur on the last day of the pay period in which the employee's balance falls below the
360 hour level. Said accrual will occur at the established rate as defined in Section 2(A).
Section 4 Limitation On Time Chargeable To Sick Leave
(A) No Person shall be entitled to sick leave with pay while absent from duty on account of
any of the following causes:
Sickness sustained while on leave of absence other than his/her regular
vacation.
2. No paid sick leave shall be granted in excess of the employee's sick leave credit.
(B) Absence that is chargeable to sick leave in accordance with this article, shall be charged
in the amount not smaller than fifteen (15) minutes.
Section 5 Sick Leave Compensation
(A) In order to receive compensation while on sick leave, the employee shall notify:
1. The immediate supervisors, or;
2. The department head, or;
3. In the event of the unavailability of either, the senior department representative
available.
(B)
Notification shall be made prior to or not later than the beginning of the work day/shift in
the employee's respective department. Compensation is contingent upon approval from
the appropriate department director.
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Article 8 - Sick Leave With Pay Page 14
(C) The department head may waive the above requirements, if in his/her opinion, an
emergency or other exceptional circumstance so warrants. Computation of sick leave
shall not include regular days off or holidays, provided these are not in conflict with the
established schedule within each department.
Section 6 Physician's Statement Required
(A) When absences for more than three (3) consecutive working days or when abuse of the
sick leave benefit is suspected, the department head may require the employee to
furnish a certificate or statement from a regular licensed and practicing physician, at the
employee's own expense, whose license will be honored by the County Health Officer,
indicating the nature and duration of the employee's incapacity or other adequate
evidence if the employee was not examined by a physician. The appointing authority
may require evidence of incapacity in cases of short periods of absence and may
require a medical examination when an employee retums to work with indications of
continuing illness or disability.
(B) The department head is responsible for sick leave verifications. This responsibility may
be implemented by any reasonable method deemed necessary by the department head.
Sick leave with pay is subject to verification of the employee's eligibility by the Finance
Officer.
Section 7 Separation From City Service
All eligibility from sick leave with pay shall be canceled upon separation of the employee from
the City service, provided that, if such separation is by lay-off, his/her accumulated eligibility
shall be restored to him/her in whole upon re-employment within 24 months.
Section 8 Illness During Vacation Leave
An employee who becomes incapacitated for work due to his/her illness or injury for more than
three (3) consecutive calendar days while on paid vacation, may substitute sick leave credits for
vacation, provided the employee's request for sick leave substitution is accompanied by a
doctor's statement or other satisfactory evidence.
Section 9 Holidays During Sick Leave
Paid holidays immediately preceding, immediately following or wholly within the period for which
sick leave is granted shall not be regarded as part of such period of sick leave.
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223419.2 NA040-002
Article 8 - Sick Leave With Pay Page 15
Section 10 Sick Leave Payment Upon Retirement
(A) An employee hired on or before June 30, 1979, shall upon formal retirement from the
City under the Public Employees' Retirement System, be paid for each day of unused
sick leave or fraction thereof which has accrued to his/her credit up to and including
his/her last day of work, but not to exceed 45 days or 360 hours. An employee hired on
or after July 1, 1979 shall not be eligible for sick leave payment upon retirement.
(B) For employees hired on or before June 30, 1979 sick leave pay off upon retirement shall
be the sum of:
1. Frozen sick leave balance upon date of retirement.
2. Accumulative sick leave balances upon retirement.
However, in no event shall the payoff exceed 360 hours.
Section 11 Evidence Of Cause Of Absence
In all cases of absence because of illness or death in the employee's family, the employee may
be required to furnish to the appointing authority satisfactory evidence substantiating the facts
justifying such leave. Failure to furnish such evidence upon request shall be sufficient reason
for denying the leave of absence with pay.
Section 12 Sick Leave Incentive Pay
(A) Employees using 36 hours of sick leave or less during the 26 complete pay periods
most closely coinciding with the beginning and end of the fiscal year and having a
minimum total accumulation of 160 hours, may sell for cash the excess over 160 hours
of unfrozen sick leave accumulation to a maximum established according to the
following schedule:
96 Hours
From 80-95 Hours
From 60-79 Hours
28 Hours
22 Hours
Only the hours sold back to the City shall be deducted from the employee's accrued
balance of sick leave.
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223419.2 NA010-002
Article 8 - Sick Leave With Pay Page 16
(B)
Payment will be made during the month of August each year. Pay will be computed
based on the employee's salary step on June 30 of the preceding fiscal year. (The
Finance Department shall issue eligibility notices to qualified employees at the end of
each fiscal year.) Written request must be submitted to the Finance Office within ten
(10) working days of issuance of the notice.
(C) In lieu of sick leave incentive pay, the employee may elect to retain sick leave credits to
the 360-hour maximum to supplement pay for long term disability leave, up to the
maximum set in article 17 (3) of this MOU.
(D) Permanent employees who retire during the fiscal year will be compensated on a pro-
rated basis subject to their formal retirement date.
(E) Subject to the approval of his/her department head, the employee may elect to receive
additional vacation credits in lieu of all or part of the sick leave incentive pay. This
election must be indicated in writing and submitted to the Finance Office with
department head's signature within ten working days of issuance of the notice from
Finance. This election may not be reversed at a later date.
NCMEA MOU 2007-2009
223419.2 NA040-002
ARTICLE 9
TRANSFER OF LEAVE CREDITS
Upon official request by the Association, the City Manager or his designee may allow individual
employees the opportunity to transfer sick leave, vacation or holiday credits to another
employee who has experienced a catastrophic event. All conditions for this transfer shall be set
by the City Manager or his designee on a case -by -case basis, after consultation with the
Association. Sick leave donated will not be counted against sick leave incentive pay.
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ARTICLE 10
THE COMPENSATION PLAN
Section 1 Salary Advancement
The Compensation Plan of the City of National City has the following characteristics:
1. Each salary range consists of five (5) steps.
2. The increase from one step to the next step on each salary range is as indicated in the
salary schedule.
3. Career part-time employees represented by the unit shall be eligible for step increases
at a pro -rated time interval as regular career full-time employees.
Salary advancement for each employee shall not be automatic, but shall depend upon the
increased value of an employee to the City, as reflected by the recommendations of the
employee's supervisor and department head and all other pertinent evidence. The success of
the Compensation Plan depends upon incentives which will encourage employees to put forth
increasing efforts as they advance through the salary steps of the salary range.
Section 2 Salary Steps
The steps of the salary range shall be interpreted and applied as follows. The second, third,
fourth and fifth salary steps are incentive adjustments to encourage an employee to continue to
improve his/her work. There shall be a five (5) percent differential between each of the five (5)
steps.
1. The first salary step is the minimum rate and will normally be the hiring rate.
Appointment may be made to other than the normal entering salary step upon the
recommendation of the department head and upon the approval of the City Manager,
when it is decided that such action is in the best interests of the City.
2. The second salary step: Six (6) months of satisfactory service, normally, shall make
an employee eligible for considerationfor this salary advancement. This salary
advancement shall be made only if recommended by the department head and if
approved by the City Manager.
3. The third salary step: Twelve (12) months of satisfactory service at the second salary
step, normally shall make an employee eligible for consideration for this salary
advancement. This salary advancement shall be made only if recommended by the
department head and if approved by the City Manager.
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223419.2 NA040-002
Article 10 - The Compensation Plan Page 19
4. The fourth salary step: Twelve (12) months of satisfactory service at the third step
normally shall make an employee eligible for consideration for this salary advancement.
This salary advancement shall be made only if recommended by the department head
and if approved by the City Manager.
The fifth salary step: Twelve (12) months of satisfactory service at the fourth step
normally shall make an employee eligible for consideration for this salary advancement.
This salary advancement shall be made only if recommended by the department head
and if approved by the City Manager.
All rates shown and conditions set forth herein, are in full payment for services rendered and
are intended to cover full payment for the number of hours now regularly worked in each class.
Employees engaged for less than full-time should be paid a proportionate part of these salaries,
or by hourly rate of pay that falls within these ranges.
Each promotion shall carry with it a salary increase of at least five (5) percent as long as such
increase does not exceed the top step of the new classification.
The provisions of this article are based upon the salary schedules adopted by the City.
Section 3 Performance Reports
Notwithstanding any of the other provisions of this article, no employee shall be denied a step
advancement consistent with normal practice whose last performance report had an overall
rating of STANDARD, ABOVE STANDARD or OUTSTANDING, if that performance report was
made within the last 30 calendar days. If step is denied, a new performance report will be
completed and performance will be reviewed every sixty (60) calendar days for reconsideration
of the step increase.
NCMEA MOU 2007-2009
221419.2 NA040-002
ARTICLE 11
OVERTIME
Section 1 Standard Overtime
(A) The smallest unit of time credited as overtime shall be one -tenth (1/10) hour.
(B) Overtime worked that is less than one -quarter (1/4) hour shall be rounded off to the
nearest quarter hour each week.
(C) Overtime credit must be for work specifically suffered, ordered, requested or approved
by the department head or a designated representative. Overtime compensation or
compensating time shall be earned at the rate of one and one-half (1-1/2) times the
eligible hours.
(D) Overtime compensation or compensating time shall be granted for hours exceeding forty
(40) hours of time actually. worked. Time worked includes all paid hours including sick
leave, leaves during which Worker Compensation is paid, pre approved vacation time,
holidays or any other time away from the job that is paid. The normal work week varies
among City employees, and shall be determined by the employees official schedule or
other approved schedule documentation on file in the Human Resources Department.
Work, other than normal work schedule, directed for annual special events, such as the
International Fair & Parade, the Independence Day celebration, Auto Heritage Days,
Chili Cook -off, City -Wide Free Trash Pickup Days, and the Street Light Inspection
Program, will be compensated according to overtime rates. For those events where the
City Council approves overtime, employees working those events shall receive overtime
pay.
(E) An employee who is directed by the department director to attend commission or council
meetings held after normal working hours will be compensated per the "call-back"
provision.
Section 2 Compensating Time Off
(A) Consistent with the provisions of Section 1 above, employees may be credited with
compensating time off for overtime worked up to a maximum accrual of 100 hours, upon
prior request of the employee and approval of the department director.
(B) Compensating time off credits may be accumulated up to 100 "converted hours".
Exceptions to exceed this maximum may be authorized by the Personnel Director on
request by the employee and approval of the Department Director under conditions set
by the Personnel Director.
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223419.2 NA040-002
Article 11 - Overtime Page 21
(C) An employee shall be allowed to use compensating time off in increments of fifteen (15)
minutes or more which may be taken in conjunction with vacation credits. Time off
approval and scheduling shall be subject to the provisions of Article 3 of these articles.
(D) An employee who provides a written request fifteen (15) calendar days in advance of
proposed use of compensatory time shall be allowed the time off to a maximum of forty
(40) consecutive hours or be paid for the hours requested. No more than one (1)
request per 30-calendar period is allowed except by agreement of the Department
Director. An employee will not be required to take compensatory time eamed at straight
time hour nor will an employee be required to take compensatory time within the same
pay period as earned.
Section 3 On -Call Status
(A) Employees may be assigned to on -call status for possible work and will be required to
be available after working hours where the employee can be reached by telephone or
pager and can respond within 30 minutes. Individuals assigned to "on -call" have the
responsibility of obtaining qualified relief in the event they cannot be called back. The
relief must have the pre -approval of appropriate supervisor.
(B) The following procedures shall apply to on -call status:
1. Personnel going on vacation, floating holiday or any other absence from work of
their own request during scheduled on -call will be responsible for providing their
own qualified relief.
2. Personnel incapacitated for scheduled on -call by sickness or other absence not
within their control will not be required to provide their own relief, if notice is given
to the department. However, if an employee is accepting on -call pay and does
not respond to a call-back, that employee shall forfeit that days on -call pay and
may be subject to disciplinary action, unless that failure to respond was for
reasons beyond the control of that employee as determined by the department
director.
3. Employees will be assigned to on -call status, first on a volunteer basis and
thereafter assigned by reverse seniority. On -Call Status will not exceed seven
(7) days in any thirty day period and will be rotated among qualified personnel,
unless otherwise agreed to by the employee and the Department Head. In the
event of personnel shortages, the City may assign an employee(s) to on -call
status based on reverse seniority among qualified employees.
4. The on -call work week will be determined by the appropriate department head.
NCMEA MOU 2007-2009
223419.2 NA040-002
Article 11 - Overtime Page 22
5. When any class is scheduled for on -call work the City shall provide pagers at the
beginning of the on -call assignment.
(C) On -Call Pay
1. For a normal work day shift, pay shall be the dollar equivalent to one and a half
(1-1/2) hours at current hourly rate per each day of on -call status.
For a normal weekend shift (Saturday and Sunday), pay shall be the dollar
equivalent to two (2) hours at current hourly rate per each day of on -call status.
For a fixed holiday on which the Civic Center is closed, pay shall be the dollar
equivalent to two and a half (2-1/2) hours at current hourly rate per each day of
on -call status.
Section 4 Call -Back
(A) The City may direct a field response by an employee during other than normal working
hours for emergency purposes which shall constitute a "call-back", and paid at the rate
of one and one-half (1-1/2) times the number of hours worked, with two (2) hours being
the minimum for any calf -back that requires return to the work site. Call-back time
earned shall not be counted as time worked for overtime purposes.
NCMEA MOU 2007-2009
223419.2 NA040-00?
ARTICLE 12
EDUCATION EXPENSES REIMBURSEMENT,
EMPLOYEE LOUNGE UPGRADE, PUBLIC
TRANSPORTATION INFORMATION
Section 1
The City shall provide $16,000 for MEA to fund the Education Expenses Reimbursement Plan,
which is available to employees on paid status or the Association as a group who wish to
improve their work performance through furthering their education. The plan provides up to
$1,200 per employee, per fiscal year until this fund is exhausted and is available to all
employees who meet the following criteria:
Successful completion of probation.
2. A proposed course of instruction or training is related to the employee's
employment with the City. The department director has the final authority in
determining whether a course or training has job related value. Request must be
submitted in writing on appropriate City form prior to taking the course of
instruction or training.
3. The reimbursement may be used to cover the required costs, such as tuition,
registration, books, and up to $50 of other materials or supplies considered
necessary by the Department Director. In order to be eligible for reimbursement
for the full cost of books, the books used in a formal course of education upon
completion of the course must be turned over to the employee's department for
access by all employees. If the employee wishes to keep books purchased as
part of the class requirement, the employee shall only receive one half (1/2) of
the purchase price.
4. The course must be passed with a grade "C" or better. If taken on pass/fail or
completion basis, employee must complete or pass course(s) taken.
5. The employee must show written documentation of the expenditures being
claimed for reimbursement.
6. Reimbursement may be requested for fee -based educational programs to be
attended on employee's own time for professional self -development.
Reimbursement under this plan will be made upon completion of the courseware as per part 2
above.
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4.1,16
Article 12 - Education, Employee Lounge, Transportation Page 24
Section 2 Reimbursement Of Expenses In Maintaining Required
Licenses And Permits
In addition to the funds provided for educational reimbursement, the City shall provide monies
to reimburse employees for the actual cost of the certificate or license expenses and any
required medical examinations when such certificate or license is required by the City or law in
the performance of their duties of their current positions. Claims shall be submitted in writing
with proof of costs to the Personnel Department for approval and payment. Class "C" Driver's
License expense is not a reimbursable expense.
Section 3. Enhancement to Employee Lounge
City agrees to allocate $25,000 toward the refurbishment of the kitchen/employee lounge area
at City Hall. A Steering Committee comprised of City managers and MEA employees, will
oversee the project and its completion.
Section 3 Transportation Information
City agrees to provide transportation information on the City's Intranet.
NCMEA MOU 2007-2009
223419.2 NA040-002
ARTICLE 13
SERVICE RECOGNITION PAY
Section 1
In addition to other compensation paid for the services of employees, service recognition pay
shall be paid to employees hired before July 1, 1991 of the City on the following basis:
(A) After five (5) years of continuous and uninterrupted service the sum of $10.00
per month;
(B) After ten (10) years of continuous and uninterrupted service the sum of $15.00
per month;
(C) After fifteen (15) .years of continuous and uninterrupted service the sum of
$20.00 per month;
(D) After twenty (20) years of continuous and uninterrupted service the sum of
$25.00 per month;
(E) After twenty-five (25) years of continuous and uninterrupted service a sum of
$30.00 per month, which shall be the maximum payable.
Vacation, sick leave, workers' compensation leaves, comp time, suspensions with pay, floating
holidays and other approved City paid leaves of absence shall be continuous and uninterrupted
time. All unpaid suspensions and approved leaves of 30 days or less shall be continuous and
uninterrupted time; those of more than 30 days shall be continuous employment, but
interrupted.
In the event an employee ceases to be employed by the City of National City for a reason other
than military service or lay-off, all rights to longevity pay shall be forfeited and expired, and if
said employee is subsequently re-employed by the CITY, said employee shall not be entitled to
any service recognition pay by reason of any prior employment.
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ARTICLE 14
HEALTH AND DENTAL INSURANCE
Section 1 Insurance Program Coverage
As a benefit to career full-time employees and, on a pro -rated basis, career part-time
employees working 20 hours/week or more in this bargaining unit, the City will provide a
combined group insurance program of health and dental coverage. The benefits and limitations
of the program are to be designed cooperatively by the Employees' Association, City and
program provider. The Employees' Association and City agree to select and implement health
insurance programs, which best serve the needs of the employees.
Section 2
City Contribution
Effective February 1, 2007, the City will offer Health Net and Kaiser Health medical, and Delta
PMI and Delta Premier dental. Employees who enroll shall receive health coverage as follows:
$338.10/month or 100% of premium for
Kaiser Health and Delta PMI Dental,
whichever is higher
Employee Only
80% of premium for Kaiser Health and
Delta PMI Dental
Employee plus one dependent
80% of premium for Kaiser Health and
Delta PMI Dental
Employee plus two or more dependents
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Article 14 - Health and Dental Insurance Page 27
(A) City contribution will discontinue when employee goes on unpaid status for more than 45
calendar days, except as otherwise specified in this agreement or by law. Employees in
this status may continue coverage at their own expense.
(B) If the cost of providing this benefit for employees and their dependents exceeds the
established City contribution, the employee must pay the excess amount.
Section 3 Money In Lieu of Coverage
An employee may elect employee only coverage in health and receive the remaining amount of
the City's contribution as cash -in -lieu.
Provided that an employee shows proof of coverage under a non -City sponsored health plan,
the employee, during the annual open enrollment, may elect not to participate in a City
sponsored health plan and receive $125/month maximum in lieu of coverage. Any actual
savings realized by City during the previous calendar year from MEA employees opting out of
City coverage will be calculated in January of each year and re -distributed equally to all MEA
employees in the form of an increase of City contribution for health coverage.
Section 4 Insurance Broker
The City agrees to assign California Corporate Benefits as the City's Broker of record to review,
recommend and generally assist in the administration of the benefits program.
Section 5 Retiree Health Benefit
Employees covered by this MOU, who retire from the City of National City after July 1, 2002,
and who retire with at least 20 full years of service under the CalPERS Retirement System shall
receive $5/month for each year of PERS Service with the City as the City's contribution
towards their medical insurance premium. This contribution shall continue until the retiree
qualifies for Medicare.
Retirees eligible for this benefit are responsible for paying the health insurance premium and
the City will forward this benefit amount on a monthly basis directly to the Retiree. This benefit
will be canceled upon non-payment of premium or otherwise becoming ineligible. The Retiree
is also responsible for notification to the City of address change and health coverage from
another source.
NCMEA MOU 2007-2009
2234192 NA040-002
ARTICLE 15
HEALTH & SAFETY RELATED PROGRAMS
Section 1 Smoking Policy
The Municipal Employees' Association agrees to City No Smoking Policy at the workplace.
Section 2 Continuation of Coverages
The City agrees to continue its contributions toward health, dental and life insurance coverages
for employees who are receiving workers' compensation benefits from the City for a period not
to exceed twelve (12) months.
Section 3 Premium Payment Program (I.R.S. 125 Plan)
The City agrees to implement a 125 reimbursement plan to allow pre-tax dollars to be utilized in
the payment of employees portion of medical, dental and insurance premiums, medical
expenses and dependent care expenses. The City shall arrange for a plan administrator for
dependent care provision of the City's 125 Plan, provided all costs are paid by the employees
who participate.
Section 4 Employee Assistance Program
The City shall make available a voluntary Employee Assistance Program for psychological
assessment, counseling and referral to all employees represented by the Municipal Employees'
Association at no cost to the employees, except for referrals out of the basic program.
Employees using this program may do so on their own time.
Section 5 Hazardous Materials
The City will provide containment and disposable devices on City vehicles where there is
exposure to materials, especially needles, that may be harmful.
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ARTICLE 16
EMPLOYEE LIFE INSURANCE
As a benefit to full-time employees in this bargaining unit, the City will provide a group life
insurance program. The benefits and limitations of the program are to be designed
cooperatively by the Employees' Association and insurance carrier. The City will provide up to
$12,000 Term Life Insurance with Accidental Death and Dismemberment coverage for each
employee at no cost to employee. An amount will be paid by the City for each permanent part-
time employee in the competitive service that is proportional to the permanent time base of
his/her appointment (e.g., a half-time employee will receive half the amount of a full-time
employee).
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ARTICLE 17
SHORT TERM/LONG TERM DISABILITY
INSURANCE
All employees shall continue to participate in the City sponsored Disability Insurance program
(STD/LTD) through payroll deduction.
Section 1 Cost and Benefits
Total costs of the program are paid by all employees in the bargaining unit through payroll
deductions at the rates set by the established plan. Participation, costs and benefits of the
program are subject to the regulations and requirements of the Plan.
Section 2 Continuation of Insurance Benefits
During the period that an employeeis receiving benefits from the (STD/LTD) Plan, the City shall
continue to pay its share of the Insurance Premiums for Health and Life Insurances with no
cash -in -lieu for a period of up to twelve (12) months or until such time as the disability is
considered permanent.
Section 3 Income Supplement
Employee receiving STD/LTD benefit may use sick leave, vacation, and other leave accruals to
supplement income to an amount no greater than 70% of the employee's regular gross monthly
pay.
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ARTICLE 18
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
1. Consistent with the Government Code of the State of California, employees are local
miscellaneous members of the Public Employees' Retirement System and are entitled to
optional benefits as indicated in all amendments to the contract between the Board of
Administration of PERS and the City Council regarding miscellaneous employees.
The City shall pay the entire employee share of the PERS member contribution, which
shall be vested in the employee's name until December 31, 2007. For the PERS 3%
@60 retirement formula, the employee's contribution is 8% of reportable compensation.
Beginning on January 1, 2008, Employer Paid Member Contributions ("EPMC") paid by
the City shall decrease to 7% of reportable compensation from 8% of reportable
compensation, and employees shall pay 1% of reportable compensation to PERS
through payroll withholding. Beginning on January 1, 2009, EPMC paid by the City shall
decrease another 1% to 6% of reportable compensation, and employees shall pay 2%
of reportable compensation to PERS through payroll withholding. The City shall adopt
the necessary resolutions and submit them to PERS to reflect the reduction in EPMC.
The PERS retirement plan will include 3% percent at 60 years of
age and the "Single Highest Year" provision. Effective as soon as
permitted by PERS during fiscal year 2002-2003.
2. If not already done, the City will adopt a resolution that declares the amount of the
employer paid member contribution (EPMC) as eamings for purposes of the PERS
computation for the single highest year base earnings as soon as permitted by PERS
procedural requirements.
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ARTICLE 19
PROVISIONS OF LAW
This MOU is subject to all future and current applicable Federal or State laws and regulations.
If any.part of the provisions of this MOU is in conflict with such applicable provisions of Federal
or State laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal
of competent jurisdiction, such part of provision shall be suspended and superseded by such
applicable law or regulations, and the remainder of the MOU shall not be affected and the
NCMEA shall have the right upon request to meet and confer concerning the practical effect of
such conflicts on wages, hours or terms and conditions of employment.
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NCMEA MOU 2007-2009
223419.2 NAO40-OO2
ARTICLE 20
EMPLOYEE AND ASSOCIATION RIGHTS
Section 1 Employee Rights
Each individual employee shall have the following rights which he/she may exercise in
accordance with law, the National City Civil Service Rules and applicable laws, ordinances,
rules and regulations:
(A) The right to form, join and participate in the activities of employee organizations of
his/her own choosing for the purpose of representation on matters of his/her employee
relations with the City, or to refuse to join or participate in the activities of any employee
organization.
(B) The right to pay dues to such employees organization through regular payroll deduction.
(C) The right to be free from interference, intimidation, restraint, coercion, discrimination or
reprisal on the part of his/her department head, his/her supervisor, other employees or
employee organizations, with respect to membership or non -membership in any
employee organization or with respect to any lawful activity associated therewith which
is within the scope of representation.
(D) The right to represent himself/herself individually in his/her employee relations with the
City. Whenever a City employee desires to represent himself/herself in consulting with
City management during his/her regular hours of work, he/she shall first request and
obtain from his/her department head permission to take time off to do so.
(E) The right to confidentiality of personal information including information provided on the
employee's paycheck. It shall be the responsibility of each department to ensure that
this right is protected.
Section 2 Association Rights
(A) The right for the MEA to use City facilities to hold official scheduled meetings.
(B) The right to designate authorized representative who shall have access to work
locations and employees subject to department head approval, when such access does
not unduly interfere with departmental operations and is in the course of grievance
resolution.
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NCMEA MOU 2007-2009
223419.2 NA040-002
Article 20 - Employee and Association Rights Page 34
(C) The right to post information concerning elections, benefits, notices, reports, programs
and promotions.
(D) The right to notice by the City of new employees in this unit.
(E) The Personnel Office shall distribute informational materials provided by the Association
to new employees during the in -processing orientation.
(F) The Association may designate one steward from City Hall, one steward from Public
Works, one steward from Community Services, one steward from the Library, one
steward from Fire, one steward from the Parks Division, one steward from Building &
Safety, and one steward from the Police to represent employees from their respective
areas in meeting with management on appeals of discipline and formal grievances. The
appropriate steward shall request in writing and shall be allowed reasonable time off
during duty hours for this purpose, provided the time requested does not substantially
impact departmental operations. In the event the steward cannot be released as
requested, the supervisor shall provide an altemate time within the next forty-eight (48)
hours. Stewards shall be designated in advance by written notice from the MEA to the
Personnel Director and the Steward's Department Director.
(G) The Association shall be allowed the use of the City's intranet for the purposes of Union
Communications. As the City Manager's Designee, the Human Resources Director will
provide final review and approval of all related content/information.
(H) The Association shall be entitled to hold four (4) one -hour meetings annually.
Section 3 Labor Management Committee
The City and the Association agree to establish a Labor Management Committee. The purpose
of the Committee is to discuss issues relating to this agreement, and other issues of quality of
work life. The Committee shall have no authority to change, modify, alter or amend this
agreement.
The Committee shall be composed of the president of the Association or his/her designee, a
designated representative, and one other member. In addition, the City shalt appoint the
Director of Personnel or his/her designee and one other management employee.
Meetings shall be held when mutually agreed upon and at times that are mutually acceptable to
both parties. The party desiring to meet shall request the meeting at least fifteen (15) days
prior and shall submit an agenda of items to be discussed.
It is the intent of the parties to foster a cooperative atmosphere and harmonious working
relations. Therefore, the parties agree to only issue joint statements, when necessary, on the
results of the Committee.
The City and the Union agree to refer the Union proposal regarding reclassifications/salary
adjustments to the Labor Management committee for resolution.
NCMEA MOU 2007-2009
221419 2 NA040-002
ARTICLE 21
WAGE AND SALARY SCHEDULE
Section 1 Classification and Base Wage Ranges
a. Employee salaries shall remain as set forth in the existing salary schedule. In
lieu of a salary increase in 2007, all employees with at least one year of service
with the City at the time this MOU is ratified, shall receive a one-time retention
incentive of $2,300. The one-time retention incentive shall be payable within two
pay periods of Council ratification. MEA employees with less than one year of
service at the effective date of this MOU, shall receive their $2,300 incentive in
the pay period after reaching their one year anniversary. The City shall have no
obligation to pay a retention incentive to any employee who does not reach
his/her one year anniversary with the City.
b. The employee may choose to contribute part or all of the retention incentive into
their 457 deferred compensation plan account or convert (all or part of) their
incentive into vacation hours.
c. The retention incentives will be paid within the first two pay periods following
Council ratification of the contract. Employees requesting to utilize either the
457 Option or vacation conversion, must indicate their request in writing within
the first pay -period following ratification.
d. The retention incentive shall not be reported as compensation to PERS
e. On January 1, 2008, base wages in the base wage ranges for employees
subject to this MOU, as set forth below, shall increase by 3%.
f. On January 1, 2009, base wages in the base wage ranges for employees
subject to this MOU, as set forth below shall increase by 4%.
Abandoned Vehicle Abatement Officer
Accountant
Accountin. Assistant
Administrative Secrets
Alarm Pro•ram Coordinator
Assistant En • ineer-Civil
Assistant Planner
Assistant Tree Trimmer
Associate En•ineer-Civil
Associate Planner
83
114
76
87
63
143
119
82
156
130
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NCMEA MOU 2007-2009
223419.2 NA040-002
Article 21 - Wage and Salary Schedule
Page 36
Building Inspector
123
Building Inspector/Plan Checker
133
Building Trades Specialist
102
Buyer
92
Carpenter
102
Civil Engineering Technician
108
Code Conformance Officer
123
Construction Inspector
118
Crime Analyst
120
Crime Scene Specialist
112
Custodian
56
Electrician
102
Equipment Mechanic
105
Equipment Operator
98
Executive Secretary
101
Fire Inspector
123
Housing Inspector I
113
Housing Inspector II
123
Lead Risk Inspector/Assessor
115
Lead Hazard Control Program Coordinator
120
Lead Hazard Control Case Manager
110
Lead Housing Inspector
115
Lead Sampling. Technician
86
Lead Equipment Mechanic
115
Lead Tree Trimmer
93
Librarian
124
Library Assistant
63
Library Technician
88
Literacy/Computer Center Coordinator
115
Maintenance Worker
76
Neighborhood Council Specialist
101
Office Assistant •
53
Park Caretaker
74
Park Supervisor
109
Parking Regulations Officer
83
Parks Equipment Operator
98
NCMEA MOU 2007-2009
223119 2 NA040-002
Article 21 - Wage and Salary Schedule
Page 37
Permit Technician
86
Personnel & Training Assistant
74
Planning Technician
0 98
Plumber
102
Police Dispatcher
113
Police Operations Assistant
87
Police Records Clerk
63
Police Records Manager
120
Police Services Officer
73
Property & Evidence Specialist I
92
Property & Evidence Specialist II
112
Property & Evidence Unit Supervisor
123
Purchasing Clerk
76
Recreation Center Supervisor
95
Recreation Supervisor
112
Senior Accounting Assistant
92
Senior Building Inspector
133
Senior Civil Engineering Technician
123
Senior Code Conformance Officer
133
Senior Construction Inspector
133
Senior Crime Analyst
128
Senior Equipment Operator
110
Senior Library Technician
93
Senior Office Assistant
63
Senior Park Caretaker
82
Senior Traffic Painter
98
Street Sweeper Operator
98
Stop Grant Office Coordinator
87
Storm Water Compliance Inspector
108
Supervising Custodian
67
Traffic Painter
86
Tree Trimmer
87
NCMEA MOU 2007-2009
223419.2 NA040-002
ARTICLE 22
UNIFORMS
Section 1
The City will pay the yearly cost for uniforms and cleaning for those employees required to wear
uniforms as follows:
1. Garage Personnel: Five (5) changes of shirts and pants per week.
2. Other Public Works Employees: Five (5) changes of shirts per week. Sewer
maintenance crews will also be provided with five (5) changes of pants, and will
be required to wear pants provided while working.
Parks Department: Five (5) changes of shirts per week. Tree Trimming crews
will also be provided with five (5) changes of pants, and will be required to wear
pants provided while working.
Police Department positions designated by the Chief of Police: Five (5) sets
of required clothing at hire with necessary replacements during ensuing years,
and a cleaning allowance of $3.00 per week, increasing to $5.00 per week in the
first full pay period after this MOU is ratified by the City Council, and increasing
to $.10.00 per week on January 1, 2008. The City will also provide
reimbursement for required leather accessories to a maximum of $100 every
four (4) years.
Fire Department: $200/year allowance will be provided to Fire Inspectors,
increasing to $500/year beginning on July 1, 2007.
6. If employees are required by City Management to wear safety shoes or other
specified footgear, the City will provide it. If an employee wishes to have a pair
of boots which costs more than the boots being provided by the City, the
employee may pay the difference, provided the boots meet safety precautions of
the City.
All employees of these departments who are provided uniforms must wear the uniform
as provided by. the City.
With prior approval from the Department Director, uniforms may include, T-shirts with
City and/or Department logo identification. Uniform style and fabric (i.e., cotton vs.
polyester, etc.) shall be mutually agreed to between the City and MEA. Upon the written
approval of the Department Head, employees shall have the option to wear uniform
shorts unless proven to be unsafe for the work being performed.
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ARTICLE 23
EQUIPMENT ALLOWANCE
Section 1 Tool Replacement Allowance
This article applies only to Equipment Mechanics, who are required to provide their own tools
on the job as a condition of employment.
Essential required tools and tool boxes will be replaced by the City in kind if they are lost due to
fire, burglary or robbery of the City facility or some other catastrophe or accident not due to the
employee's fault or negligence. An inventory of all employees' tools will be taken by the Deputy
Public Works Director or his designee at least once a year to ensure that the employee has all
essential tools on hand.
A tool replacement allowance of $20 per pay period will be paid to the above positions to
maintain the essential tools inventory, increasing to $30 per pay period in the first full pay period
after ratification of this MOU by the City Council. Failure to maintain the essential tools
inventory shall result on Toss of tool replacement allowance until such inventory is satisfied.
Section 2 Safety Glasses and Goggles
Any safety glasses or protective goggles required by the City employees shall be provided at no
cost to the employee. Such requirement shall be determined by the department head or the
Risk Manager.
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ARTICLE 24
WORK DAY, WORK WEEK, PAY PERIOD
AND PAY DAY
Section 1 Work Day
The work day shall normally be eight (8) hours to ten (10) hours in length and the normally
scheduled work week is 40 hours. On request by the employee, the scheduled hours of the
work week may be modified by the department director on an individual basis subject to
approval by the City Manager only to the extent that City offices maintain current availability to
the public and that the modification does not create overtime pay in any given work week. In
making the determination on the acceptability of modification, the department director will
consider the effect of the modification on the department's ability to deliver services efficiently
and on a timely basis. Approval of any individual request shall not entitle any other employee of
the same modification, and the department director may withdraw approval if the modification
creates a hardship for the department.
Call-back and on -call time are excluded from the computation of the hours paid for the
purposes of overtime. All work days exceeding five (5) hours length shall include at least a 30-
minute period for lunch break without pay. A maximum of fifteen (15) minutes paid time for rest
shall be provided for each four (4) consecutive hours work and may be taken as assigned by
the employee's supervisor.
Starting and stopping work times are designated by the department director for the scheduled
work day. Employees will be notified of their work hours. When there is a change of work
hours of over one (1) hour for more than five (5) consecutive working days, the employee will
receive a ten (10) working day notice before such change is made, unless mutually agreed to
by the employee and the supervisor.
The department director retains the right to make immediate changes to resolve unforeseen
problems, and will provide at least three (3) day notice in such instance, and pay the first two
(2) days worked of the change at the overtime rate.
Section 2 Work Week
The work week shall consist of seven (7) consecutive calendar days beginning on Tuesday at
7:00 a.m. with at least two (2) consecutive days off.
Section 3 Pay Period
Pay period shall consist of fourteen (14) calendar days commencing 07/01/86.
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223419.2 NA040-002
Article 24 - Work Day, Work Week, Pay Period and Pay Day Page 41
Section 4 Pay Day
Except in the case of unusual and compelling circumstances or an extreme emergency, pay
day shall be every other Wednesday. If Wednesday is a fixed holiday, it shall be the previous
work day.
Section 5 Alternate Work Schedules
The City and Association agree to implement a 4/10 work schedule. The target turn -on date will
be mid -late February, 2006.
The City Manager has the ability to discontinue the 4/10 schedule with thirty days notice and will
meet and confer should such discontinuation be deemed necessary. The City Manager has
sole discretion to exempt any position or group of positions from 4/10 in order to fulfill delivery
of City services.
The City and MEA will work jointly on the development of an optional flexible workweek
schedule program (including a 4/10 option) for Library Department employees. If agreement is
reached by the City and MEA, the terms of the flexible workweek schedule program will be
incorporated by side letter.
The City and Association agree to incorporate the 9/80 side letter to the MOU, with the
provision that should a 4/10 schedule be unsuccessful the City will revert to the former 9/80
work schedule.
NCMEA MOU 2007-2009
223419.2 NA040-002
ARTICLE 25
PAY DIFFERENTIALS
Section 1 Bilingual Pay
Current employees in designated positions who have successfully completed a Bilingual
Performance Evaluation administered by the Human Resources Department or provide other
evidence acceptable to the Human Resources Department of their competence, who are
regularly required to use their bilingual skills in Spanish, Tagalog or any other second language
approved by the Human Resources Director, shall receive a Bilingual pay differential of $40 per
pay period, increasing to $50 per pay period in the first full pay period after ratification of this
MOU by the City Council. This differential would be subject to termination, if due to change in
assignment or position, the skill is no longer required by the City.
Each Department Director shall recommend the position to receive bilingual pay in writing to the
Personnel Director for approval. Positions receiving bilingual pay shall be reviewed annually by
the Personnel Director and an MEA Representative.
Section 2 Acting Assignment Pay
When an employee is officially assigned to perform the duties of a higher paid classification for
a period exceeding 21 consecutive calendar days, such employee shall be compensated with a
minimum of five (5) percent above current salary during the first six (6) months of such
assignment, and ten (10) percent for time assigned in such status after six (6) consecutive
months beginning at the start of the pay period closest to the 21st calendar day of such acting
assignment. The duration of acting pay assignments shall not exceed one (1) calendar year.
Section 3 Sign Language Pay
Employees possessing sign language skills may register with the Personnel Office and be
called to use those skills on an on -call basis. Employees who are called shall be paid $20 per
occurrence while on City time and $30 per occurrence when not on City time.
Section 4 Shift Differential
Beginning with the first full pay period after ratification of this MOU by the City Council,
employees shall receive a shift differential of $40 per pay period in which the majority of their
regularly scheduled shift is after 10:00 p.m. and before 6:00 a.m. the next day.
Section 5 Trainer Assignment Pay for Dispatchers
Beginning with the first full pay period after ratification of this MOU by the City Council,
Dispatchers in the Police Department shall receive Trainer Assignment Pay equal to 3% of
base salary when assigned as a trainer for other dispatchers and the training is anticipated to
last at least one month. This pay differential will be determined on a daily basis and will not
apply to days when the trainer is absent from work or otherwise not engaged in performing the
training function.
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223419.2 NA040-002
ARTICLE 26
GRIEVANCE PROCEDURE
Section 1 Purpose
The purposes and objectives of the grievance procedure are to:
A. assure just treatment of all employees and promote harmonious relations among
employees, supervisors and management;
encourage the settlement of disagreements informally at the employee -supervisor -level
and provide an orderly procedure to handle grievances through the several supervisory
levels where necessary; and
C. resolve grievances as quickly as possible and correct, if possible, the causes of
grievances thereby reducing the number of grievances and future similar complaints.
Section 2 Reviewable and Non -Reviewable Grievances
To be reviewable under the procedure, a grievance must:
A. concern matters or incidents that have occurred directly to the grievant and grievance is
presented to immediate supervisor within thirty (30) calendar days; and
B. result from an act or omission by management in violation of this MOU, official City
policies, rules and regulations or Council resolutions relating to employer -employee
relations; and
C. arise out of a specific situation, act or acts complained of as being violated which
resulted in inequity or damage to the employee; and
D. specify the provision allegedly violated and the relief sought.
A grievance is not reviewable under this procedure if it is a matter which:
A. is reviewable under, or is subject to some other administrative procedure and/or
Personnel rules and regulations of the City, such as:
applications for changes in title, job classification, or salary;
appeals arising from termination of employment during probationary
period.
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NCMEA MOU 2007-2009
223419.2 NA040-002
Article 26 - Grievance Procedure Page 44
A. would require a change in prevailing ordinances, resolutions, or contracts or to
circumvent existing avenues of relief where appeal procedures have been prescribed;
B. would seek to limit a management right specifically cited in Article 26; and
C. would require the "meet and confer" process for desired change.
Section 3 Determination of Reviewability
Once a formal written grievance is received by the Department Director, it shall be reviewed by
the Personnel Director as to whether it is a grievable issue. Such determination shall be final
unless the Association is not in agreement, then the final determination shall be made by the
City Attorney.
Section 4 Consolidation of Grievances
If the grievance involves a group of employees or if a number of employees file separate
grievances on the same matter, the grievance shall, whenever possible, be handled as a single
grievance.
A. Settlement. Any grievance shall be considered settled at the completion of any step if
all parties are satisfied or if the grievant party fails to present the matter to a higher
authority within the prescribed period of time. No settlement to any grievance shall be
considered precedential or bind the Association to any interpretation of this agreement,
rules, regulations or policies of the City or Department without the Association's express
written consent.
B. •Reprisal. The grievance procedure is intended to assure a grieving employee the right
to present a grievance without fear of disciplinary action or reprisal by the grievant's
supervisor, superior or department head, provided the employee observes the
provisions of this grievance procedure.
Section 5 Grievance Procedure
The following procedure shall be followed by a grievant submitting a grievance:
(1) Step One: Discussion with Supervisor. The grievant shall orally present
the grievance to the employee's supervisor within thirty (30) calendar days after
the grievant knows or reasonably should have known the event or events on
which the grievance is based. Within fifteen (15) calendar days, the supervisor
shall give a decision to the grievant orally. Any agreement between the grievant
and the supervisor shall be subject to the approval of the Department Director
before it shall be deemed to "settle" the grievance.
NCMEA MOU 2001-2009
223419.2 NA040-00?
Article 26 - Grievance Procedure Page 45
(2)
(3)
Step Two: Written Grievance to Department Director. If the grievant
and supervisor cannot reach an agreement as to a solution of the grievance or
the grievant has not received a decision within fifteen (15) calendar day limit, the
grievant may within fifteen (15) calendar days present the grievance in writing to
the Department Director. The Director shall hear the grievance and give written
decision to the grievant within fifteen (15) calendar days after receiving the
grievance.
Step Three: Grievance .to City Manager. If the grievant and the
Department Director cannot reach an agreement as to the solution of the
grievance or the grievant has not received a decision from the Director within the
fifteen (15) calendar day limit, the grievant may within fifteen (15) calendar days
present the grievance in writing to the City Manager. The City Manager shall
hear the grievance and give a written decision to the grievant within fifteen (15)
calendar days after receiving the grievance. The City Manager may designate
another executive employee or a non -employee of his choosing to act on his
behalf.
At the hearing before the City Manager or his/her designee, the grievant may be
represented by an Association representative, or an attorney, and may produce
on their behalf, relevant oral or documentary evidence. Witnesses may be
permitted. The hearing need not be conducted according to the technical rules
relating to evidence and witness. The parties may submit opening briefs to the
City Manager (or designee) at the commencement of the hearing. Unless
otherwise agreed to by the parties, closing briefs will not be permitted. The
parties have the right to present a closing argument to the City Manager (or
designee) after both parties rest their case. A record of the proceedings shall be
maintained, with transcripts to be made available at cost to the grievant. The
City Manager (or designee) shall thereafter make written findings of fact and a
disposition of the grievance. The decision of the City Manager (or designee)
shall be final.
Section 6 Special Provisions of the Grievance Procedure
A. Grievances may be initiated only by a grievant.
B. Prompt Presentation. The employee shall discuss the grievance with the employee's
immediate supervisor promptly within thirty (30) days after the act or omission of
management causing the alleged grievance.
C. Prescribed form. The written grievance shall be submitted on a form prescribed by the
City for this purpose. Departments shall maintain an adequate supply of such forms.
D. Employee Representative. The employee may be self represented or may choose
someone as a representative at any step of this grievance procedure.
NCMEA MOU 2007-2009
223419 2 NA040-002
Article 26 - Grievance Procedure Page 46
E. Statement of Grievance. The grievance shall contain a statement of:
(1) Specific situation, act or acts complained of as violation of this
Agreement, or written rules, regulations or policies:
(2)
(3)
The damage suffered by the employee; and
The relief sought.
A. A grievance may be discussed and processed on.City time, except that no overtime, or
additional compensation shall be allowed if the proceedings extend beyond the
employee's or representative's workday or work week. The employee and
representative shall cooperate with the Department in such a manner that there wilt be a
minimum of interference with the normal operations of the Department's work.
Extension of Time. The time limits within which action must be taken or a decision
made. as specified in this procedure may be extended by mutual written consent of the
parties involved.
NCMEA MOU 2007-2009
223419.2 NA04O-002
ARTICLE 27
MANAGEMENT RIGHTS
Except —and only to the extent —that specific provisions of this Agreement expressly provide
otherwise, it is hereby mutually agreed that the CITY has and will continue to retain, regardless
of the frequency of exercise, rights to operate and manage its affairs in each and every respect.
The rights reserved to the sole discretion of the CITY shall include, but not be limited to the
right:
to determine the mission of its constituent departments, commissions, boards; set
standards of service; determine the procedures and standards of selection for employment and
promotions; direct its employees; establish and enforce reasonable dress and grooming
standards; determine the methods and means to relieve its employees from duty because of
lack of governmental operations; determine the methods, means and personnel by which
government operations are to be conducted; to modify shift work time of a classification or
position, when such modification will aid the City in its delivery of services to the public;
determine the content and intent of job classifications; approve or disapprove secondary
employment held by departmental employees; determine methods of financing; determine style
and/or types of City -issued wearing apparel, equipment or technology to be used; determine
and/or change the facilities, methods, technology, means, organizational structure and size and
composition of the work force and allocate and assign work by which the City operations are to
be conducted; determine and change the number of locations, relocations and types of
operations, processes and materials to be used in carrying out all City functions including, but
not limited to the right to contract for or subcontract any work or operations of the City; to
assign work to and schedule employees in accordance with requirements as determined by the
City and to establish and change work schedules and assignments upon reasonable notice;
establish and modify productivity and performance programs and standards; discharge,
suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline
employees for cause; establish reasonable employee performance standards including, but not
limited to, quality and quantity standards; and to require compliance therewith; take all
necessary actions to carry out its mission in emergencies; and exercise complete control and
discretion over its organization and the technology of performing its work.
Those inherent managerial functions, prerogatives and policy making right whether listed above
or not which the CITY has not expressly modified or restricted by a specific provision of this
Agreement shall be carried out in accordance with applicable Civil Service Rules.
In exercising these rights the City shall comply with all applicable provisions of this MOU and all
applicable laws. The exercise of said rights shall not preclude employees or their
representatives from meeting and conferring as required by law with City management
representatives about the practical consequences that decisions on these matters may have on
wages, hours and other terms and conditions of employment. Such meeting and conferring
shall take place prior to implementation except in case of emergency or unforeseen
circumstance. In the event of emergency or unforeseen circumstance the City will meet and
confer with NCMEA as soon as possible after implementation.
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NCMEA MOU 2007-2009
223419.2 NA040-002
ARTICLE 28
OBLIGATION TO SUPPORT
Section 1
The parties agree that subsequent to the execution of this MOU and during the period of time
said MOU is pending before the City Council for action, neither the NCMEA, nor management,
nor their authorized representatives, will appear before the City Council or meet individually or
privately with said members of the City Council, to advocate any amendment, deletion or
addition to the terms and conditions of this MOU. It is further understood that this Article shall
not preclude the parties from appearing before the City Council to advocate or urge the
adoption and approval of this MOU in its entirety.
Section 2
During the term of this MOU, NCMEA, its officers, agents and members agree that they shall
neither engage in, nor encourage, nor will any of its members or representatives take part in
any strike, work stoppage, slowdown, sick -in or other concerted action which adversely impacts
the provision of governmental services including refusal to work.
Section 3
During the term of this MOU, if an employee participates in any manner in any strike, work
stoppage, slowdown, sick -in or other concerted action which adversely impacts the provision of
governmental services including refusal to work or participates in any manner in any picketing
other than informational or impediment to work in support of any strike, work stoppage,
slowdown, sick -in or other concerted action which adversely impacts the provision of
governmental services including refusal to work or induces other employees of the City to
engage in such activities, such employee shall be subject to any action or remedy legally
available to the City.
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NCMEA MOU 2001-2009
2234192 NA040 002
ARTICLE 29
AGREEMENT, MODIFICATION, WAIVER
(A) This Memorandum of Understanding sets forth the full and entire agreement of the
parties regarding the matters set forth herein, and any prior or existing understanding or
agreements over these matters between parties, whether formal or informal, are hereby
superseded, or terminated in their entirety.
(B) No agreement, alteration, understanding, variation, waiver of modification of any of the
terms or provisions contained herein shall in any manner be binding upon the parties
hereto unless made and executed in writing and affixed hereto by all parties and
approved by the City Council.
(C) The waiver of any breach, term or condition of this Memorandum by either party shall
not constitute a precedent in the future enforcements of all of its terms and provisions.
(D) The provisions of this MOU shall not be revised during the term of this MOU without
mutual written approval of the parties except as set out in Article 19 of this MOU, or in
the event that the City determines that a citywide lay-off is necessary.
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223419.2 NA040-002
ARTICLE 30.
DURATION OF
MEMORANDUM OF UNDERSTANDING
This MOU shall be effective January 1, 2007 and shall remain in full force and effect until
December 31, 2009, and from year to year thereafter, until a successor agreement is agreed or
impasse proceedings are completed.
Both parties mutually agree to begin a good faith meet and confer process for the successor
MOU by August 1, 2009, and strive to complete negotiations by October 15, 2009. Should the
City or NCMEA be unable to reach agreement on a new MOU by October 15, 2009, the City or
NCMEA may declare impasse, as outlined in the Employer -Employee Relations Policy, so that
negotiations may be completed before the expiration of this MOU.
-50-
NCMEA MOU 2007-2009
223419.2 NANO 002
ARTICLE 31
DEFINITIONS
Refer to definitions contained in the Civil Service Rules.
-51-
NCMEA MOU 2007-2009
223419.2 VA040-002
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE July 17, 2007
SECOND READING
18
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 at- DEPARTMENT
Patricia Beard, Redevelopment Manager Community Development Commission
Fxt. 4255
EXPLANATION The Community Development Commission ("CDC") has prepared the 2007
Amendment in accordance with California Community Redevelopment Law ("CRL") (Health and
Safety Code Sections 33000 et. Seg.). 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 residential land uses, 3) modify the redevelopment plan text as it pertains to lawful
actions and permitted land uses in the Transportation Center, 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.
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 10, 1007.
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 second reading of the title and adopt the Ordinance.
BOARD / COMMISSION RECOMMENDATION
ATTACHMENTS Resolution No.
1) Background Report
2) Report to City Council
3) Ordinance adopting the 2007 Amendment to the Redevelopment
Plan, with Amended Plan attached as Exhibit "A".
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. The Project Area is a blighted area, 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 govemmental 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.
Evidence supporting this finding includes the fact that governmental
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 Area 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 are 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 Area 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.
6. The condemnation of real property is necessary to the execution of the Amended
Redevelopment Plan, and adequate provisions have been made for payment for
property to be acquired as provided by law. Evidence supporting this finding
includes the need to assemble sites for certain public facilities, to assemble
developable units for economic activity, and to eliminate the existence of and
prevent the recurrences of blight.
7. The CDC has adopted a feasible method and plan for the relocation of families and
persons who might be displaced temporarily or permanently from housing
facilities in the Project Area. The CDC also has a feasible method and plan for
its relocation of businesses. Evidence supporting this finding includes the fact
that the CDC has adopted the method of relocation for the National City
Redevelopment Project, which sets forth a plan for relocation of families and
persons who may potentially be displaced by Commission projects; the fact that
the Amended Redevelopment Plan provides for relocation assistance according
to law; and, the fact that such assistance, including relocation payments
constitutes a feasible method for relocation.
8. (a) There are (or are being) provided, within the Project Area or within other
areas not generally less desirable with regard to public utilities and public
and commercial facilities and at rents or prices within the financial means
of the families and persons who might be displaced from the Project
Area, decent, safe, and sanitary dwellings equal in number to the number
of the available to such displaced families and persons and reasonably
accessible to their places of employment. Evidence supporting this
finding includes provisions contained in the 1995 Amendment of the
Redevelopment Plan that state, in the event that persons are to be
displaced, there are sufficient existing dwellings which would be available
to persons displaced by the implementation of the Amended
Redevelopment Plan.
(b) Families and persons shall not be displaced prior to the adoption of a
relocation plan pursuant to Sections 33411 and 33411.1 of the
Community Redevelopment Law; and, dwelling units housing persons
and families of low or moderate income shall not be removed or
destroyed prior to the adoption of a replacement housing plan. Evidence
supporting this finding includes the fact that the 1995 Amendment of the
Redevelopment Plan requires the CDC to adopt such plans prior to any
such displacement.
9. NI noncontiguous areas of the Project Area are either blighted or necessary for
effective redevelopment and are not included for the purpose of obtaining the
allocation of taxes from the Area pursuant to Government Code Section 33670
without other substantial justification for their 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 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 Area
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 be 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 Area. 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 be 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.
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.
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
PSG
IN IELLIGENT COMMUNITY DEVELOPMENT
June 2007
ROSCNOW SPEVACEK GROUP INC.
3U9 WEST 4T11 STREET
SAN IA ANA, CALIFORNIA
92701-4502
T /14 541 4585
F 714 5411US
E INFO' VICORSG ( .OM
W EtiRSG.COM
fEF'ONT TO COUNCIL
COMMUNt IY DEVELOP MEN1 COMMIS ;ION
City of National City
TABLE OF CONTENTS
Introduction
Plan Amendment 1
A. Reasons for the Proposed Amendment and Description of Specific
Projects Proposed and Ilow These Projects Will Improve or Alleviate
Blighting Conditions Found in the Project Area Introduction 4
B. Description of the Physical and F,conomic 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
l . Method of Relocation 29
G. Analysis of the Preliminary Plan 30
H. Report and Recommendations of the Planning Commission i0
1. Report of the Project Area Committee 30
d. 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.TiocumP.nt.s and Seltinus`ddavidLoedl Selhngs\Tam;,o y Inicme' riies.cLKt,L-.urail 2007 RTC 0 5 07 (31 we
INTRODUCTION I
PLAN AMENDM ENT
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".
j-ZSG
Page 1
REPORT TO COUNCIL.
COMMUNITY DEVELOPMENT COMMISSION
City of National City
No other changes to the Redevelopment Plan for the Project Area are included in this
amendment.
This docurnont 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. ("Laud"). 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
I. Report of the Project Area Committee
J. General Plan CoNfor mance
RSG
Page 2
REPORT TO COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
City of National City
RSG
K. Environmental Documentation
L. Report of the County Fiscal Officer
M. Neighborhood Impact Report
N. Summary of Agency Consultation with Affected Taxing Agencies
Page 3
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 arnend 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 reruediation of toxic sites over the last 12
years.
kc;G
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.
Page 4
REPORT TO COUNCIL
COMMUNITY DFVELOPME'I1 COMMISSION
city of National City
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
Page 5
SECTION B
Description of the Physical and Economic Conditions Existing in thy,
Project Area
This section summarizes the existing physical and economic conditions within the 2007
Amendment Area.
PIIYSICAL BLIGHTING 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 frorn 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 nurnber of abandoned buildings.
RSG
f'ay( 6
REPORT TO COUNCIL
COMMUNITY DFVELOPMENI 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 California 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.
STUI)Y APPROACH 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
RSG
Page 7
REPORT I-O COUNCIL
COMMUNII V DEVELOPMENT 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: I1SG 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 Tong -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 Tong -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%).
RSG
I'age 8
•. 4
REPORT TO COUNCIL
COMMUNITY DEVELOfMI-NT 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.
Page 9
FHEPOIiT TO COUNCIL
COMMUNITY OFVFI 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.
RSG
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.
Page 10
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
strictures also show signs of
deterioration and dilapidation.
RAG
Page 11
REPORT 10 COUNCIL
GOMMUNI(Y 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 lots.
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.
FSC
Page 12
REPORT TO COUNCIL
COMMUNITY DCVELOPMENT 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 Tess 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
c
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REPORT TO COUNCIL
COMMUNITY DFVELOPMENT 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 berepairedon the
sidewalk is shown in this
picture of a property along
14th Street.
Photo 13: Another instance of
staging of vehicles to be
repaired on the sidewalk.
Page 14
REPORT TO COUNCIL
COMMUNITY DFVFl OPMENT 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 Tots. 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
Page 15
REPORT TO COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
City of National City
G
Photo 16: The loading and
delivery area for this industrial
building along 14th 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.
Faye 16
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
Page 17
REPORT TO COUNCIL
COMMUNII Y L EVPLOPMENT 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 industrialvehicles 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 Tong-terrn roof covering
or to creating an unsafe building addition as well as permanent outdoor work areas;
I-ZSG
I'agt-! 18
REPORT TO COUNCIL
COMMUNITY UEVEI OPMEN r 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 commerciaVindustrial 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 10 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.
Page 19
REPORT TO COUNCIL
COMMUNITY DEVL:LOVMENT 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 & 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
COMMUNfI Y ocvrl OPMENT 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 riot 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 California 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
RLPOUT TO COUNCIL
COMMUN(I Y DEVF1 OPMEN1 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.
RSG
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 tield 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.
Page 22
REPORT TO COUNCIL
COMMUNITY r,r vFt OPMFNT COMMISSION
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 comparisonof 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 i ,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 predominate and 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
I1LI'O`iT TO COUNCII
COMMUNITY DI-vCI OrMINT 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.
PIIYSICAL 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 Tess revenue for property owners to make regular repairs and upgrades.
Without periodic maintenance, buildings becorne 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 Notional 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.
Page 25
SECTION C
Five -Year Irnplementation 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.
RSG
Page 26
SECTION 1
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.
Page 27
SECTION E
Method of Financing
1 he 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.
R SG
['age 28
REPORT TO COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
City of Notional City
SECTION F
Method of Relocation
Sections 33352(f) and 33411 of the Law require the CDC to prepare a method or plan
tor 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.
Ci
Page 29
REPORT 10 COUNCIL
COMMUNITY DEVE.LOPMFNT 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 forrn 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.
REPORT TO COUNCIL
COMMUNITY DEVELOI'MENT 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 California 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
RFPORT TO COUNCIL
COMMUNITY OCVELOPMhNt 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 A.gencies
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.
APPENDICES
ATTACHMENT 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.
F SG
Page 33
APPENDICES
ATTACHMENT 2 -- NEGATIVE DECLARATION
See attached Negative Declaration following this page.
RSG
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. INl'RODUCI1ON
The Cotnmunity Development Corntnission 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 ('ity 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 Commission's authority to acquire properly 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 C1X7. 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 F'age 1
l_xtension 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.
I3. 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
'!'he Negative Dectaration 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 1) 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 Devclopuxnt Conmussion of National City Negative Declaration P:+_'e 7
F tension of the Aulhouity to Use Eminent Domain
ORDINANCE NO. 2007 — 2295
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AMENDING
THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY
REDEVELOPMENT PROJECT THROUGH THE ADOPTION OF
THE 2007 AMENDMENT TO THE REDEVELOPMENT PLAN
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 June 18, 1995 by
Ordinance No. 95-2095; and on June 19, 2001, by Ordinance No. 2001-2187, incorporated
herein by reference, (the "Previous Ordinances"), and has designated the Redevelopment Plan
as the official redevelopment plan for the National City Redevelopment Project ("Project"); and
WHEREAS, the Community Development Commission of the City of National
City ("CDC") has requested that the City Council consider the 2007 Amendment to the
Redevelopment Plan ("2007 Amendment") to extend eminent domain authority to acquire
vacant property, and commercial and industrial zoned properties currently subject to eminent
domain authority within the National City Redevelopment Project Area ("Project Area"), as a last
resort, to July 2019; and
WHEREAS, the CDC has requested that the City Council consider the 2007
Amendment which allows the CDC to pay all or part of the value of the land and improvements
for a publicly owned building, facility, structure, or other improvement within or outside of the
Project Area; and
WHEREAS, the CDC has requested that the City Council consider the 2007
Amendment which allows used auto and truck sales when part of a new vehicle dealership and
located on land within the Transportation Center District; and
WHEREAS, the CDC has requested that the City Council consider the 2007
Amendment which revises Exhibit "C" of the Redevelopment Plan" — "Public
Facilities/Infrastructure Improvement Projects" to clarify project objectives, to eliminate the
specific street names under the Street Improvements projects, and to add a Public Safety and
Security project that will fund physical and technological enhancements to enhance public
safety and protection; and
WHEREAS, the CDC has requested that the City Council consider the 2007
Amendment which changes the current exclusion of eminent domain on single-family homes
(Exhibit "D") to include all lawful residential land uses; and
WHEREAS, pursuant to the California Environmental Quality Act (Public
Resources Code Section 21000 et seq.), the Guidelines for Implementation of the California
Environmental Quality Act (14 California Code Regulations Section 15000 et seq., and the local
procedures adopted by the CDC pursuant thereto, the City Council and the CDC have prepared
and approved a proposed Negative Declaration for the 2007 Amendment; and
Ordinance No. 2007 — 2295
July 17, 2007
Page 2
WHEREAS, pursuant to Section 33363 of the Health and Safety Code, part of
the Community Redevelopment Law (the "Law"), the City Council has adopted the CDC's
written responses to written objections received from affected taxing agencies and property
owners on the 2007 Amendment to the Redevelopment Plan; and
WHEREAS, pursuant to Section 33352 of the Health and Safety Code, the City
Council has acknowledged receipt from the CDC of the CDC's Report to the City Council
regarding the 2007 Amendment to the Redevelopment Plan; and
WHEREAS, pursuant to Section 33452 of the California Health and Safety Code,
public notice has been duly given, and a full and fair noticed public hearing was held on the
proposed 2007 Amendment on June 19, 2007.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City
as follows:
Section 1. The 2007 Amendment to the National City Redevelopment Plan, a copy
of which is attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby
adopted and approved as the official Redevelopment Plan of the Project Area.
Section 2. 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, incorporated herein by
reference, 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. Significant Blight remains within the Project Area. The Project Area is a blighted
area, 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 and that significant blight remains within 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.
Ordinance No. 2007 - 2295
July 17, 2007
Page 3
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.
(d) Maps depicting the locations of Structural Obsolescence, Incompatible
Adjacent Uses, Deterioration and Dilapidation, and Defective Design
Without Parking, all evidencing significant remaining blight in the Project
Area, are attached hereto as Exhibits "B", "C", "D" and "E", respectively
2. The Amended Redevelopment Plan will redevelop the Project Area 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 are 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 Area 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
Ordinance No. 2007 - 2295
July 17, 2007
Page 4
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.
6. The condemnation of real property is necessary to the execution of the Amended
Redevelopment Plan, and adequate provisions have been made for payment for
property to be acquired as provided by law. The extension of the eminent domain
authority is necessary because the significant blight that remains within the
project area cannot be eliminated without use of eminent domain. Evidence
supporting this finding includes the need to assemble sites for certain public
facilities, to assemble developable units for economic activity, and to eliminate
the existence of and prevent the recurrences of blight.
7. The CDC has adopted a feasible method and plan for the relocation of families
and persons who might be displaced temporarily or permanently from housing
facilities in the Project Area. The CDC also has a feasible method and plan for its
relocation of businesses. Evidence supporting this finding includes the fact that
the CDC has adopted the method of relocation for the National City
Redevelopment Project, which sets forth a plan for relocation of families and
persons who may potentially be displaced by Commission projects; the fact that
the Amended Redevelopment Plan provides for relocation assistance according
to law; and, the fact that such assistance, including relocation payments
constitutes a feasible method for relocation.
8. (a) There are (or are being) provided, within the Project Area or within other
areas not generally less desirable with regard to public utilities and public
and commercial facilities and at rents or prices within the financial means
of the families and persons who might be displaced from the Project Area,
decent, safe, and sanitary dwellings equal in number to the number of the
available to such displaced families and persons and reasonably
accessible to their places of employment. Evidence supporting this finding
includes provisions contained in the 1995 Amendment of the
Redevelopment Plan that state, in the event that persons are to be
displaced, there are sufficient existing dwellings which would be available
to persons displaced by the implementation of the Amended
Redevelopment Plan.
(b) Families and persons shall not be displaced prior to the adoption of a
relocation plan pursuant to Sections 33411 and 33411.1 of the
Community Redevelopment Law; and, dwelling units housing persons
and families of low or moderate income shall not be removed or
destroyed prior to the adoption of a replacement housing plan. Evidence
supporting this finding includes the fact that the 1995 Amendment of the
Redevelopment Plan requires the CDC to adopt such plans prior to any
such displacement.
Ordinance No. 2007 — 2295
July 17, 2007
Page 5
9. All noncontiguous areas of the Project Area are either blighted or necessary for
effective redevelopment and are not included for the purpose of obtaining the
allocation of taxes from the Area pursuant to Govemment Code Section 33670
without other substantial justification for their 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 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 Area
as a whole. Such properties will share in the benefits of the Amended
Redevelopment Plan.
11. Existing blight within the Project Area cannot be eliminated without the use of
eminent domain. 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. The extension of the
eminent domain authority is necessary because the significant blight that remains
within the project area cannot be eliminated without use of eminent domain.
Evidence supporting this finding includes the existence of blighting influences as
set forth in the Report to the City Council, incorporated herein by reference, 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.
13. Because at the time of adoption oftheir 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,
Ordinance No. 2007 — 2295
July 17, 2007
Page 6
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.
14. The time limitation and the limitation on the number of dollars to be 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 Area. 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 be 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.
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. Pursuant to Resolution No. 2007-163, adopted on July 10, 2007, the City
Council approved the Negative Declaration for the 2007 Amendment to the National City
Redevelopment Plan. A copy of said Negative Declaration is on file in the office of the City
Clerk, and incorporated herein by reference.
Section 5. 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, and the 2007
Amendment to the National City Redevelopment Project is hereby approved.
Section 6. The City Clerk shall publish a copy of this Ordinance as required by Law.
Section 7. The City Clerk is hereby directed to send a certified copy of this
Ordinance to the CDC, whereupon the CDC is vested with the responsibility for carrying out the
2007 Amendment to the Redevelopment Plan.
Ordinance No. 2007 — 2295
July 17, 2007
Page 7
Section 8. Pursuant to Section 33456 of the Health and Safety Code, the City Clerk
is hereby directed to record, with the County Recorder of San Diego County, a description of the
land within the Project Area affected by the 2007 Amendment, and a general description of any
change to any limitation upon the use of eminent domain resulting from the 2007 Amendment.
Section 9. The City Clerk is hereby directed to transmit a copy of the description and
statement recorded by the City Clerk pursuant to Section 7 of this Ordinance, a copy of this
Ordinance, and a map or plat indicating the portions of the Project Area affected by the 2007
Amendment, to the Auditor -Controller and Assessor of the County of San Diego, to the
governing body of each of the taxing agencies which receives taxes from property in the Project
Area, and to the State Board of Equalization, within thirty (30) days following the adoption of the
Amendment to the Redevelopment Plan.
Section 10. The City Clerk is hereby authorized and directed to certify to the passage
of this Ordinance and to cause the same to be published in a newspaper of general circulation
that is published and circulated in the city.
Section 11. If any part of this Ordinance or the Amended Redevelopment Plan which
it approves is held to be invalid for any reason, such decision shall not affect the validity of the
remaining portion of this Ordinance or of the Amended Redevelopment Plan; and the City
Council hereby declares that it would have passed the remainder of the Ordinance or approved
the remainder of the Amended Redevelopment Plan if such invalid portion thereof had been
deleted.
PASSED and ADOPTED this 17th day of July, 2007.
Ron Morrison, Mayor
ATTEST:
Michael Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
EXHIBIT "A"
REDEVELOPMENT PLAN
FOR THE
NATIONAL CITY REDEVELOPMENT PROJECT
Prepared:
May 8, 1995
Adopted:
July 18, 1995
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. 12th Street, Suite B
National City, California 91950-3312
619-336-4250
Prepared by:
Rosenow Spevacek Group, Inc.
540 North Golden Circle, Suite 305
Santa Ana, California 92705
714/541-4585
619/967-6462
cadmic ru, and WtiugsWn i oco/ seuagsVempo uy inrcsun Ideabh6t4dplowdoc
Adopted 7,18/95
SECTION I. (100) INTRODUCTION 1
A. (101) General
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 5
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 Pcrsons 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 PERMTITED 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 �3
H. (710) General Controls and Limitations 23
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 27
C. (803) CDC Bonds 33
D. (804) Other Loans and Grants 34
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Adopted 7118/95
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E. (805) Rehabilitation Loans, Grants, and Rebates 34
SECTION IX. (900) ACTIONS BY TIIE CITY 34
SECTION X. (1000) ADMINISTRATION ANT) ENFORCEMENT 35
SECTION XI. (1100) DURATION OF TIIIS PLAN 35
SECTION XII. (1200) PROCEDURE FOR AMENDMENT 16
EXHIBIT A 37
EXHIBIT B 38
EXHIBIT C 39
EXHIBIT D 40
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REDEVELOPMENT Pi.AN
FOR TIIE
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 Califomia.
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 "Ci)(.:")
pursuant to the California Community Redevelopment Law (Ilealth 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, aril --Ordinance No. 91-2013 adopted on
June 18, 1991, Ordinance No. 95-2095 adopted on July 18,_1995, and OrdinanceNo.
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 athourity 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 Area pursuant to Ilealth and Safety
Code Section 33445;
• modify Section VII (e), 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 and vrtingOrlAn,is ic,n1 vtI uays'eIryv,u, wtctuct 1
Adopt"! 7/1'6i95
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 L.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 arnended
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 ('ity
Downtown Redevelopment Project Area to approximately 2,083 acres.
SECTION 11I. (300) GENERAL DEFINITIONS
The following definitions will be used generally in the context of this Plan unless otherwise
specified herein:
A. "Added Area" means the 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. "CI)C" 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 ('ity, California.
F. "City Council" means the legislative body of the City_
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2 Adopted 7/18/95
G. "County" means the County of San Diego, California.
II. "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 Area by Ordinance No. 1851 adopted by the City Council on April 16,
1985.
K. "E.J. Christman) 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.
Q•
"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 pemranently
displaced by actions of the CDC.
"2007 Ordinance" means City_Council Ordinance No. adopted on July ,
2007 amerrdint this Plan.
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3
AdkpI, d 'i! I t:i 4 i
1
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.
'Si. "Plan" means the redevelopment plan for the Project as amended.
TU. "Project" means the National City Redevelopment Project.
UV. "Project Area" 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.
W. "Redevelopment Law" means the California Community Redevelopment Law
(Ilealth and Safety Code, Sections 33(()), et seq.) as it now exists or may be
hereafter amended.
W. "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 arc 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 13 attached hereto and incorporated herein.
SECTION V. (500) REDEVELOPMENT PLAN COALS
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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Adopted 7/1 S/95
r
• 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 environrnental
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 undenrtilized 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:
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.
Rehabilitating, altering, remodeling, improving, modernizing, or
reconstructing buildings. structures and improvements.
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i Adopted 7/1$i75
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
Adttpird 7/IS/95
17. Applying for and utilizing grants, loans and any other assistance from
federal or State governments, or other sources.
18. 'faking actions the CDC determines are necessary and consistent with
State, federal and local laws to make structural repairs to buildings and
stnictures, including historical buildings, to meet building code standards
related to seismic safety.
19. Taking actions the CDC determines are necessary and consistent with
State, fedeial 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.Proj ct Area; (2) no
other reasonable means of financing the buildings, facilities, structures, 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 (:I)(' 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_
11. (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 (.'I)C may also employ eminent domain in projects involving land
acquisition of any real property identified in Exhibit 1) 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: (I) 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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7 Adopted 7/ 18/9')
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 Area, and the Added Area after twelve (12) years
following the date of adoption of the 2007 Ordinance amending ordinance
adopting this flan. 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.
Christmanl Area, the E.J. Christman2 Area, or the South Bay Town and County
Area or in acquiring any residential property in the Project Area.
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 front 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, fines 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. However, participation opportunities shall
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Adopted 7/1 S/95
1
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 (:I)C 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.
(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 be
subject to the pro -visions hereof. In the Owner Participation Agrusment,
participants who retain real property shall be required to join in the recordation of
such documents as arc necessary to make the provisions of this Plan applicable to
their properties.
In the event a participant breaches the teens 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 hest interests of the CDC or City, or that redevelopment can hest be
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 rules allow for Owner
Participation Agreements with the CDC.
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9 Adopted r, r 8f' 5
B. (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 be
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 the 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 pernvssible by law, to financially (and otherwise) assist public bodies in the
cost of public land, 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 Area.
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.
(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 properly 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 the Project Area had been allocated to all the affected taxing agencies
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,,
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 CI)C, 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
.ln 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. •
(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.
1.. (616) Demolition, ('learance. Public: Improvements Site Preparation and Removal
of Hazardous Waste
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Ad!gncJ 7/I8ly>
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,
strictures, 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 are 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 Arca,
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 construction 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 properly 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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12
Adopted 7/18/95
(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 Area.
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 UDC to the extent
permitted by the Redevelopment Law as it exists now or may be 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 he adopted by the CDC.
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1:3
Adoprd 711 S95
e. The need for expansion of 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 Area.
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 Area for building
rehabilitation or alteration in construction, the CDC may, by following all
applicable procedures which are 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 Develpment
1. (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 he
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 amount less 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.
c \lO(unvnis atd xttings'aleavisMocal vttu.jitrngvtar,
duct facinIX&\dpbn hn 14
Adopted 7/ 18/95
The real property acquired by the CDC in the Project Area, except
property conveyed to it by the City, shall he 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 the 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 (a)C 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 ('DC shall
ensure that all provisions of this Plan, and other docwnents formulated
pursuant to this Plan, are 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 the
approval of all appropriate public agencies.
h. (628) Purchase and Development Documents
1'o 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
CI )C 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 be necessary to
e't.rumcomi;.iNr,Y.dt.r`,.1r:ULJue
15
Adopted 1/I'I9]
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.
(633) Replacement Ilousing
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
v'4ucnrcwa and vninps'AbviaWnJ a nurysucnpnex, arse( Ides'alOe'adpWs doe
16
Ado t d7/IS/9S
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 (.;DC
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 be
amended.
(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 he 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 he 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 tliis 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, tor 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 he 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 CIX' 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 tailme
'Acnvrnrm•xnl•<..,inYr:¢k1�.e:�Y�c.1 :cuagr o-nwm�:.
Adopted 7/ 18'95
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 flan 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 1lousi g
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, to
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 arc made pursuant to the Redevelopment l.aw.
The funds for this purpose shall be held in a separate Low and Moderate Income
Housing Fund until used. Any interest earned by such Low and Moderate Income
Housing Fund shall accrue to the Fund.
In implementing Section 637 of this Plan, the CI)C may exercise any or all of its
powers including, but not limited to, the following:
1. Acquire real property or building sites.
2. Improve real property or building sites with on -site or off -site
improvements, hut only if either (a) the improvements are made as
part of a program which results in the new ixnlstniction or
c'd ornras end set fmpe4d:n 'b cal et tinpdernpmary elrnrt files. t6c.Api d c
Adopted 7/18/ 95
rehabilitation of affordable housing units for low- or moderate -
income persons that are directly benefited by the improvements, or
(b) the CI)C 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 ('ode, 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
c. 4kxwunrs mM ImemM 19
Adopted 7! I Sig S
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 be 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 C:DC'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 casements. 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:
RESIDENT-1AI,
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'`dncnrteds and s`adarial setfine:ucnIpmary 4n;esnet fiksbLL6c40plandoc 20
Adopted 7/l H/95
General Commercial (CCi)
Medium Commercial (CM)
Limited Commercial (CL)
Tourist Commercial (C,"1')
Automotive Conunercial (CA)
Heavy Commercial (CH)
INDM JSTRI Al .
Light Manufacturing (lull.,)
Medium Manufacturing (MM)
Ileavy Manufacturing (MI1)
Tidelands Manufacturing (MT)
INSTTTUTIONA1,
Civic Institutional (IL)
Private Lrstitutional (IP)
OPENSPACE-
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
to. provide for a complete sales and service unit for each dealership on contiguous 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
contiguous land within the Transportation Center district.
• Service and repair of trucks and automobiles when provided by new vehicle dealer on
contiguous adjacent property.
• Sale of vehicle parts and accessories when provided by new vehicle dealership on
contiguous adjacent property.
• Sale or rectal of campers, camper trailers, vacation trailers, self-propelled mobile
homes, boats, and other sporting and pleasure equipment which is substantial in size.
'Phis activity must be. incidental to the principal activity of the automobile and/or tuck
dealership.
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21
Adopted 7/ r $/95
7)l
• Other related uses; with the review and recommendation of the Planning Commission,
which arc 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.
lnterstates 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 be retained or
created.
2. (706) Other Public and Open Space Uses
Both within and, where appropriate, outside of the 1'roject 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 ('DC 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
Chimer Participation Agreement with the CDC, provided such owners continue to operate,
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Adoptcd 7/1 8/95
1
//
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.
I'. (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 be 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.
(710) General Controls and Limitations
All real property in the Project Area is hereby made subject to the controls and
requirements of this flan. 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 he amended from time to time.
1. (711) New Construction
All construction in the Project Area shall comply with all applicable State and
Local Jaws in effect from time to time. In addition to applicable City codes,
ordinances, or other requirements governing development in the Project A►ea,
additional specific performance and development standards may be adopted by the
CDC to control and direct improvement activities in the Project Area.
•.41.nwscros ad unwps'4,1,,s\ora] vuw¢sSI T, ,nry mmrnet In r.4:0.&0dpIa div
�i Adopted 7115!9S
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
The 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 arc 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) iltilities
The CDC, in conformity with municipal code and City policy, shall require that
all utilities be placed underground whenever physically possible and economically
feasible on projects funded in whole or in part by the CD(_: or subject to a
Disposition and Development Agreement or an Owner Participation Agreement.
8. (71g) Subdivision of Parcels
e. 4k><mmuts ad xu6grs'dda.i.V. rat xvaytvrne»,xv wirnrt (dr<n0.&`rdplai dc.. 24
AdlTied 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.
(719) Variations
The CDC is authorized to pemiit 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 be materially detrimental to the public
welfare or injurious to property or improvements in the area.
e. Penmitting 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 be 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 CDC, such property shall he developed in accordance with the
provisions of such ,1°reement. One of the objectives of this Plan is to create an attractive
e'.`dxurrrnt, nM uttaevu.uy,.e.s, ueieeuet 25
Adcpir(I i,IXr9a
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) Building Permits
Any building permit that is issued for the 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 he 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 THE 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, the 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 ('1.)C may issue bonds or other obligations and expend their proceeds to carry out this
Plan. The (1)C 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.`duciu,cnt, and reli/vrNidavi<VnrN utiirp NcnvcrNn g ne, Idc s2b
Adopted 7/ I Ri95
activities. The CDC shall pay the principal and interest on bonds or other obligations of
the CD(.' as they become due and payable.
li. (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
elate 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 otherwise) 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 he paid to the
respective Taxing Agencies as taxes on all other property are paid.
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`Anawnents uuw,s't<rr,♦w uy in Irk sbWbeydptm d., 27
Adopted 7/1 S 115
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:
• G.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 C7)(' 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
CIX' 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 he 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 CPI41 cease to exist, except by amendment of this Plan.
With respect to the E.J. Christman) Area, notwithstanding any other provision of this
Plan, and except as provided in this Section and Ilealth 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 Ileath 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 ('ode Section 33334.6 in accordance with the
plan adopted pursuant thereto for the. purpose of eliminating the deficits or to the extent
r`Aocunmts awl xtto,gs\ddavi local !eliinp.s'Jrrcgoruv IdesW0.&4dpla.dee
28 Adopted // 1 S/95
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 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), (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 June 24, 2025. These limitations shall not be applied to limit the
allocation of taxes to the CD(.: 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 Ilealth 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 Cudc 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 (;ode 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 CI)C pursuant to the
Redevelopment Law, prior to January 1, 1994, or the right of the CI)C to receive property
taxes, pursuant to Ilealth and Safety Code Section 33670 to pay the bonds, indebtedness,
or other obligation.
With respect to the E.J. Chtistman2 Area, notwithstanding any other provision of this
flan, and except as provided in this Section and 'Health and Safety code Section
33333.6(a), (c), (p), and (h), or as otherwise permitted by law, the CDC shall not pay
Ww,mrc-nta and :xttvs6.Wdami3,J wrti.v, fik,nd6c4dplau du. 29
Adopted 'HI Ktoi
indebtedness with the proceeds of property taxes received pursuant to Ileath and Safety
Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section
33670 after Decetnbcr 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 properly 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 sulxlivision (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 IIealth 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 1985 Amendment Area, notwithstanding any other
provision of this Plan, and except as provided in this Section and IIealth 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 Ilealth 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
�.VkwMM:wd xltings'W..,, jt;a :rilrj sstrnr)rvr itorrnet I,k:.rGGcl,aylusa„c
30
AdnpI d 7/I8/9S
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 Health 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 1-Iealth and Safet.y Code Section 33413.
With respect to the F.J. Christman) 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 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 he
repaid from the Low and Moderate Income Housing Pund or establishing more debt in
order to fulfill the CIC:'s housing obligations under Health and Safety Code Section
33413. In addition, this limit shall not prevent the (:1)C 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 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 (:DC'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 (:enter 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),
(g), and (h), or as otherwise permitted by law, no loan, advance or indebtedness to he
repaid from such allocations of taxes established or incurred by the CDC to finance in
c 'docun1cifs aW :Ca U:I'pS�a!,t i,V Fiat
oesverreporarc u1tc, ore t.fr't r'. z 2 awc4oc 31
Adopted '!l l8,"'
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 inore 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
('DC 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 Ilousing 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 tiine 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 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
('DC 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 Ilousing Fund or establishing rnore 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
ix'mrcde. and seurFMdas-i ncst ,en inps`arn w.rwr, enrroe- fdcs`o&& zd$andc.c 32
Adopted 71I Rl9',
'1
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 be repaid over a
period of time longer than such time limit. Such time limitation may be extended only by
amendment of this Han. 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 CI)C from refinancing, refunding, or
restructuring indebtedness 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 indebtedness 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 CIX: 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 I,ow and Moderate Income Housing
Fund or establishing more debt in order to fulfill the CDC's housing obligations under
IIealth and Safety Code Section 33413. In addition, this limit shall not prevent the CI)C
from refinancing, refunding, or restructuring indebtedness after 20 years following
approval of the ordinance adopting this flan, if the indebtedness 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) (:DC Bonds
The CI)C 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 Ate 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 test►iction.
merots earl teetert4.(t,,sU.F al vttinp:4..inlr,tev in:erect IJeiob.OevvjIas Ooc
Adopted 71I xi9 5
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 Hiles 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 !united 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 Han, 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 bcar 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
r4L,cuttruts vd :rttmrxNA
k.r,J settssq s4a...yutmv mtacct fiksMnt6e4A .l'.n do< 34
Adopted 7/I8/9S
Project Area to be commenced and carried to completion without
unnecessary delays.
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 undeitaking 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.
8. 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) ADMINISTRATION 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 CDC, as appropriate.
The provisions of this Plan or other documents enteredinto pursuant to this Plan inay 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 nousegregation
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 Aica, 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.
c:`4Mumras am)u„u,aW.1itwfciiri t.F.,.wGr V.Iplanck,c 35
Adopicd 7i 18i'
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'dectartents and scninns`.IdnvisWcal scttugsUenµtu. vxctuct lila4,lkbeVdltlan.th.'c 36
Adnpled 7/18/95
EXHIBIT "A"
CITY OF
:AN UIL( 0
v"11 I' 1112 .1Va III 1 '•rnnw.1I:gl 1:1,'I ITV ^Ill!,
••I 1 11•IP.—. 1.12, nu4. luuum nl: ul�i!��w` tr1)�
:1 glum P 1111� i14p11..
ill! 11� Q i1-1111111111711,1, ��
�'1; I:I■ •..11,
'.I1,11/:■I:
II:111111/11.v_
Palm Ave
:1111i1II II a •I 1
i111.11111 Iti -•
8th Street Corridor
111 r'� •-1=7,1jiltlliimii,i:lliil
vinisMriih
•
"■
07E41m®I Highland Ave
r-DE9111
Plaza Blvd
30th St/Sweetwater
4
l hit
('.1111LJAli in
National City Redevelopment Project - Parcels Subject to the 2007 Amendment
nF' ii ct (u ca IA.ulrci;uy '2Il0f Anlc-xlrnenl Aria
nMuniralial Goundary
SVUI['C•. Ni'3ilC IU: C.l Phl1h,sl:y
4
EXHIBIT "B"
r
DOEVE OPMENT
COMMISSION
OF THE
CITY QF
NATIONAL CITY
National City
Redevelopment
Project Area
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:
Beginning at the point of intersection of the centerlines
of Division Street and Eighland 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 line.oi Interstate Highway
Route 5; thence along' laic Easterly line as follows:
Sc'.'. 126 50' 026 East 75.38 feet; thence South 50* 10'
East 28.46 feet; thence Southerly along the arc of a
1
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' S9' 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" Kest 66.10 feet;
thence South 5' 35' 40" East 22.37 feet; thence South
18' 08' 56" West 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 Nacion on
the common boundary line between the City of National
City and the City of Chula Vista; thence along said
boundary North 72' 08' 04" East 1940 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 1a 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 1144.05 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
1° 08' 45" West 66.84 feet; thence North 4U° 08' 25" East
170.40 feet to the Easterly line of Lot 4 of Quarter SFc-
tion 134 of said 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 `e!,terly
line o= Edgemere Avenue, Road Survey No. G70; thence
Southeasterly along ;aid Westerly line to the Northerly
line of State Highway Route 54; thence Easterly along said
Northerly line to the Southwesterly cornea of Sweetwater
Town & Country Shopping Center Mao No. 8412; thence alon•a
the boundary ;i.no. thereof, North 82° 33' 20" t:.«t 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
Map 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' 1'lest 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 th'e 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 anglepoint 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
an 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 Map 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.'.1740; thence 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 anale 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 K05 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 Northerly
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 93.63 feet;
thence North 22' 48' 34" Wes. 263.55 feet; thence Northerly
along the arc of a 970 foot radius: curve 88.19 feet; thence
North 17' 36' West 809.91 feet; thence North 10' 47' 26"
East 42.23 feet; thence North 17. 41' 02" West 200.33
feet; thence North 25' 18' 37" West 474.78 feet; thence
North 45' Se' 36" West 67.83 feet; thence North 17° 43' 57"
:rest 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' 02" 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.Oi feet;
thence North 3. 36' 49" West 142.30 feet; thence North
17. 53' 05' West 540.09 feet; thence North•27* 06' SS"
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 51. 53' 08" West 42.24 feet;
thence .forth 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
:forth 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 loot 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 hest 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 tess 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
prolo:gation 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
Flight -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 tine 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 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" Fast 466.14
feet to the Point of Beginning.
Containing 317 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.
Chris D. Ciremele
1-24-94
L.S. 5267
J-12174
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 nor -
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°54'28" 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 hears 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 1 /°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 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.
_Chi, D___a;,,,gitQ
Chris D. Ciremele L.S. 5267
1-24-94 J-12174
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
G?f
feet to the Northerly Right- of -way fine 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
CAAA4, 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 Tess.
The above description was compiled or calculated from existing available record
information and not a field survey by Rick Engineering Company
awl, atioa2,4
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" Fast 269.08 feet; thence North 06°35'32"
West 1587.95 feet; thence North 83°24'28" Fast 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 Tess.
The above description was compiled or calculated from existing available record
information and not a field survey by Rick Fn.ineering Company.
Chris D. Cirernele 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 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 saki 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.
C_ ,(nQmf
Chris D. Ciremele 1-24-94
L.S. 5267 (Job No. 12174)
ob
3,10M1Y .
{^I
.Y7bt ..II.«111 $„ 1,2"'
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EXIIIBIT C
PUBLIC FACILITIES AND
INFRASTRUCTURE IMPROVEMENTS PROJECTS
Project Description:
Public Facilities/Intrastnicture Improvement project to be constructed/implemented during the
life of the Redevelopment Plan shall include but not be limited to:
I STREET IMPROVEMENTS: Street improvements, including but not limited to street
construction, median construction, drainage improvements, landscaping and street furniture
throughout the Project Area arid the construction of additional streets to improve circulation.
1i 'TRAFFIC SIGNAL, TRAFFIC CALMING, PARKING & LIGIITING
IMPROVEMENTS: To facilitate improved circulation flow and reduce traffic congestion tor
motorists, pedestrians and bicyclists.
III PARK ANI) RECREATION IMPROVEMENTS, LIBRARY ANI) 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: 'To 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 envirotunent and to increase
commerce.
VI IIOIJSTNG 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.
VFI PUBLIC SAFETY AND SECURTIY: To provide physical and technological
enhancements to enhance public safety and protection. Examples of such improvements may
include but arc 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.
1• .1rrrer,ekyrt1,n1crm.•,pCnJcncc\jcle'cl
ylui.uanbtru.: JpI.a w•frb,h Jci
EXHIBIT 1)
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 cast 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 Arca (as defined in Section 300 of this Plan)
All property in the Added Area, excepting the San Diego Unified Port District property.
IN EXISTING AM) ADDED AREAS, SINGLE-FAMILY AND MULTI -FAMILY
RESIDENTIAL PROPERTIES ARE SPECIFICAI,I,Y EXCLUDED FROM THE EJSE OF
EMINENT DOMAIN. The residential exemption applies to those single-family and multi -family
residences that are:1) a law till 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.
Structural Obsolescence
Westside Areas
0
mt
1
01.
SAN CIFGO
r'; ., I�i --
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a
8th Street Corridor
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nd Ave
CHULA VISTA
Project A -ea Boundary El 2007Amename.nt
4= Municipal Boundary ® Structural Obsolescence
EXHIBIT "B"
Source: National City P/anninp
9—
ME
un in.®�®_ ■
•11111111111®®Miliiii
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Murnopal Boundary IIII1 Incompatible Adjacent Uses
EXHIBIT "C"
N j
F
S l
Sourco' National City Planning
Deterioration &
Dilapidation
WestsIda Areas
CI-v or
SAN Di FGO
or.It /Illy=
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NATIONAL
u,nz iiiiinteti 1_ rony1:4
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8th Street Corridor
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Plaza Blvd =
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111111.- �t��alnul,
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Highland Ave
30th St/Sweetwater
CHVI.AVIS7A
Project Area Boundary Et! 2O07 Amendment
Munto;knl Boundary III Deterioration & D'Iapidalion
EXHIBIT "D"
Source: National City Planning
•
CITY OF
SAt, DIhCO
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Project Area Boundary 200/ Amendment
jMunlcpal Boundary NE Defective Design Without Parking
EXHIBIT "E"
Source: National City Planning
City of National City, California
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
19
.dEETING DATE July 17, 2007 AGENDA ITEM NO.
(ITEM TITLE RATIFICATIONS OF EXPENDITURES OF THE CDC: EXPENDITURES FOF1
THE PERIOD OF 06/15/07 THROUGH 06/28/07 OF $335,867.99
Rizza A. Dela Cuadra
PREPARED BY Accountant
619-336-4265
EXPLANATION
See attached report.
DEPARTMENT
CDC— Finance
Environmental Review ./ NIA
Approved by:
Financial Statement Tess Limfueco, Finan a Director
Total expenditures for the period of 06/15/07 THROUGH 06/28/07 amount to $335,867.99
Account No. N/A
STAFF RECOMMENDATION
RATIFY EXPENSES
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
Ratification of Expenditures for the period 06/15/07 through 06/28/07
A-200 (9/80)
Pare
S&
BDS ENGINEERING, INC.
CALIFORNIA ASSOCIATION FOR
CHRISTENSEN SCHWERI)TFEGFR
CORNERSTONE BUILDING GROUP
CORPORATE EXPRESS INC
DANK A
WDU AND ASSOCIATES
EDAW. INC.
FEDEX
FOLEY & LARDNER
FOIF.Y & I.ARDNFR
GE CAPITAL
GE CAPITAL.
GEOSYN ITC CONSULTANTS
HARRIS & ASSOCIATES
HARRIS & ASSOCIATES
HEALEY CONSTRUCTION CO.
HUSK PARTNERS
JEIIT KATZ ARCI IITECTURE
KLF.INFFLDER. INC.
LAW (FRCS OF DON UEI'ISCH
I.AW OFFICE OF DON DETI.SCH
MIKE LINARES
TERFSA YOLAND LOPEZ
MCKENNA TANG & AI.DRIDGE
MORELAND & ASSOCIATES. INC.
NATIONAL CONSTRUCTION RENTALS
NATIONAL CONSTRUCTON RENTALS
NEW CITY AMFRICA, INC
UPPER & VARCO W'
OVERLAND PACIFIC & CUTLER, INC
PETTY CASII - CDC
PITNEY BOWLS
POWER PLIES
PROJECT DESIGN CONSULTANTS
PURCHASE POWER
RORE
SAFDIF. RARINES ARCHITECTS
SAN DIEGO CLIPPING SERVICE
SAN DIEGO GAS & ELECTRIC
SCS ENGINEERS
TILE STAR NEWS
VFRIZON WIREI.ESS
VERIZON WIRELESS
VERONICA TAM & ASSOCIATES
HOUSING ASSISTANCE PAYMENTS
VNJSA KIIAMMAO
EQUIFAX CREDIT INFORMATION SERVICES
GMAC MORTGAGE
EQUIFAX CREDIT INFORMATION SERVICES
GMAC MORTGAGE
HAPPY SOFTWARE
PH'NEY BOWF_S
PURCI USE POWER
VERIL()N WIRELESS
VERLZON WIRFI FSS
XEROX CORPORATION
TIM FAIR HOUSING COUNCIL
--
PAYROLL
FOR MEETING OF JULY 17, 2007
RATIFICATION OF EXPENDITURES
FOR PERIOD: 06/115. 28/07
Description
PROFESSIONAL SERVICES FOR FTC BLVD - TTH TO 12TH
MEMBERSHIP DUGS-J REYNOSO
PROFESSIONAL. SERVICES FOR PI IRPI.R COW
F(JUULWD - PE 04/30/07
OFFICE SUPPLIES - REDEV
F.QUIIPMENT LEASE
PROFESSIONAL SERVICES FOR FOODLAND
PROFESSIONAL SFRVICF_S FOR WFSTSIDE SPECIFIC PLAN
COURIER SVC - MARINA GATEWAY
MARINA GATEWAY/CONSTELLATION GRP
PALM PI.AZA/M ARENA GATEWAYA:ONSIELLAIION
COPIER RENTAL
COPIER RENTAL.
PROFESSIONAL SERVICES POR COVE AT SAN DIEGO
PROFESSIONAL. SERVICES FOR 23RD & HARRISON AVE - F .B 07
PROFESSIONAL SERVICES FOR BAY MARINA MAY 07
PROFFS.SIONAI. SERVICES FOR FOODL.AND FASCADE
CHARGES FOR AYR/MAY 200 /
RENOVATION OF FORMER LIBRARY BLDG
PROFEESIONAI. SERVICES FOR NC BLVD • 2ND TO 12T11
LEGAL SERVICES
LEGAL. SERVICES FOR HF.NSCHFJ..CDC VS PARK VRJ.AGE
CONSULTING SERVICES FEB/MAR 07
TRANSLATION SERVICES-REDEV PLAN
NATIONAL. DISTRIBUTION CNI'R/POKT IOINT
FINANCE CONSULTING FEES FOR JUNE 137
FENCE/EQUIPMENT RF.NTAI.
FENCE/EQUIPMENT RENTAL
HIGHLAND AVE
PACIFIC SI'F}.L INC
PACIFIC VIEW ESTATES
REPLENISHMENT OF PEITY (:ASH
RENTAL FEES - MAY 2007
EQI IIPMENT RF_NTAI. FOR AQUATIC CF.NTF.R
NC BLVD STREEFSCAPE IMPROVEM
POSTAGE
PROFESSIONAL SERVICES FOR ACE METALS SITE
PROFESSIONAL SERVICES FOR AQUATIC CENTER
CLIPPING SERVICE
U TLITIES AT 921 A AVE 6/16-6/15/07
PROFESSIONAL. SERVICES FOR 2501 & 2510 CL EVEIAND AVE
PUBLIC NOTICE-REDEV FLAN AMENDMENT
PHONE. CIIO.S FOR 4/24-5/23/07
Pt IONE CI IGS 3/24 - 4/23/01
I I17D IRIS ASSISTANCE. FY 0607-119
SUBrmTAL - CDC:
TOTAL - GENERAL. FUND
MANUAL. PAYMENTS
I'SS ACCOUNT CLOSED
CREDIT REPORTS FOR S8 API' & PARTICIPANTS
S8 OF1-10E RENTAL 06/U7
CREDIT REPORTS FOR S8 API' & PARTICIPANTS
S8 IITILITIF_S FOR APR & MAY 2007
SOFTWARE UPDATE
POSTAGE RENTAL 06/07
POSTAGE REFILL
SS CELLULAR PHONE CHARGES
S8 CELLULAR PHONE CHARGES
S8 EQUIP RENTAL - APRIL 2007
SERVICES 3R1) QRT FY 2006 - 2007
TOTAL - SECTION 8:
-.T ^yi 'A C• one+F1.N P C'g.Ii
Chk Net Amount
17180 $ 2.188.00
17160 570.00
17161 8,802..50
17181 6,645.00
17182 6447
17183 381.27
17184 3,170.00
17162 2,002.88
17185 49.10
17163 1,622 50
17186 412..50
17164 231.48
17187 209.48
17165 4,960.30
17166 7,200.00
17188 2,347.50
17167 17,397.00
11168 12,537.33
17189 17.400.00
17190 2,931.90
11169 12,941.83
17191 8.427 89
17170 840.0U
17171 175.00
17172 1.104.00
11204 5.203.13
17173 306.72
17192 675.68
17174 7,523 80
17175 2,547.16
17193 813.75
17176 177.15
17194 350.0U
17195 195 00
17196 14,796.60
17197 1,096.73
17198 38.985.00
17177 2.147.17
17199 58.30
17200 226.66
17178 2.212.50
17201 917.37
17202 1,108.27
17203 591.15
17179 1.050.00
S 115 594.07
10357
10358
10359
10360
10361
10362
10363
10364
10365
10366
10367
S 195 194.07
S 20.826.37
20,739.00
51.21
3,668.60
50.55
538.70
300.00
330.W
1,096.73
215.62
215.58
439.19
7.750.00
S 56,24155
PPE 06/27/07 S 84,032.37
TOTAL - ADMINISTRATIVE REVOLVING FUND: S 84,032.37
'FO'rAI. OF ALL FUNDS: S :135,867.91
Community Development Commission
COUNCIL AGENDA STATEMENT
MEETING DATE July 17, 2007
20
AGENDA ITEM NO
ITEM TITLE
Resolution approving the adoption of the National City Housing Rehabilitation Program Guidelines.
PREPARED BY DEPARTMENT
Xavier Velasco and Community Development Commission
Rosemary Toscano (-){ City Manager's Office
EXPLANATION
Housing Rehabilitation, an eligible activity under the HOME and CDBG Programs, as well as
under the Tax Increment 20% Set -aside Funds, was identified as a city priority in the recently
approved 5-Year Strategic Plan. This activity promotes the revitalization of neighborhoods, improves
quality of life, and assists in the provision of affordable housing for families of all income levels.
National City's rehabilitation program guidelines provides a combination of loans and grants
intended to provide just the right assortment of tools needed to address City's aging housing stock.
Once the guidelines are in place and staff has had an opportunity to apply them and evaluate their
effectiveness, it will be necessary for staff to return to the Council for review and approval with
proposed modifications/additions to the National City Housing Rehabilitation Program Guidelines.
Environmental Review Not applicable
Financial Statement: Staff will return at a later time to request funding for these programs.
Account No
STAFF RECOMMENDATION: Staff recommends that the Community Development Commission
Board approve the attached resolution.
BOARD / COMMISSION RECOMMENDATION
ATTACHMENTS Resolution No.
Exhibit A -Resolution
Exhibit B-National City Housing Rehabilitation Program
Guidelines
A-200 (9/80)
RESOLUTION NO. 2007 -
RESOLUTION OF THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY APPROVING
THE NATIONAL CITY HOUSING REHABILITATION
PROGRAM GUIDELINES
WHEREAS, the Community Development Commission of the City of National
City (CDC) administers the Federal HUD HOME Investment Partnership Act Program designed
to assist lower income families to live in decent and affordable housing; and
WHEREAS, the City of National City did identify, by way of its Strategic Planning
Workshops, the need for a comprehensive housing rehabilitation program; and
WHEREAS, the CDC wishes to have an approved program design to address the
need for repairs improvements of it's aging housing stock; and
WHEREAS, CDC staff has prepared the National City Housing Rehabilitation
Program Guidelines.
NOW, THEREFORE, BE IT RESOLVED, that the Community Development
Commission of the City of National City hereby approves the National City Housing
Rehabilitation Program Guidelines.
PASSED and ADOPTED this 17th day of July, 2007.
Ron Morrison, Chairman
ATTEST:
Brad Raulston
Secretary
APPROVED AS TO FORM:
George H. Eiser, III
Legal Counsel
Housing Rehabilitation
Guidelines
•
ORATED i
•
City of National City
Grants and Housing
Department
TABLE OF CONTENTS
SECTION I: PROGRAM OVERVIEW
SECTION II: PROGRAM POLICIES
1. Income Eligibility ... P.000
2. Preferences and Priorities P.000
3. Affirmative Marketing and Outreach Requirements... P.000
4. Property Eligibility P.000
5. Additional Property Eligibility Requirements for Manufactured
Housing P.000
6. Ownership Eligibility P.000
7. Lead -based Paint Regulations P.000
8. Property Standards Completion Requirements P.000
9. Property Standards Inspections P.000
10. Funding Limitations P.000
11. Subsidy Layering P.000
12. Application Forms P.000
SECTION III: ADDITIONAL FEDERAL REGULATIONS
13. Equal Opportunity and Fair Housing P.000
14. Procurement Standards P.000
15. Federal Debarment and Suspension Policies P.000
16. Drug Free Workplace P.000
17. Conflict of Interest P.000
18. Uniform Administrative Requirements P.000
19. Subrecipient Audits P.000
SECTION IV: ASSISTANCE TERMS
20. Forms of Assistance
21. Note & Deed of Trust/ Security Agreement
22. Terms of Note & Deed of Trust / Security Agreement
Financing Statement
23. Assistance Agreement
24. Subordination Policy and Certification
25. Owners Notice of Completion
SECTION V: PROJECT COSTS
P.000
P.000
P.000
P.000
P.000
P.000
26. Eligible Costs P.000
27. ORP Rehabilitation Funding Priority P.000
28. Examples of Typical Rehabilitation Activities P.000
P.000 29. Prohibited Activities and Costs
SECTION VI: RECORD KEEPING
30. Record Keeping Requirements P.000
31. Period of Record Retention P.000
32. Access to Records P.000
SECTION VII. APPLICANT AND PROJECT PROCESSING
33. Step 1: Prior to First Disbursement P.000
34. Step 2: Application Procedures P.000
35. Ste_3: Applicant Eligibility Determination P.000
36. Step4: Property Eligibility Determination P.000
37. Step 5: Preliminary Eligibility Determination and
Notification P.000
38. Step 6: Field Assessment P.000
39. Step 7: Bid Process P.000
40. Step 8: Setting -up the Project P.000
41. Step 9: Pre -construction Conference P.000
42. Step 10: Execution of Agreements and Notices P.000
43. Step 11: Notice to Proceed P.000
44. Step 12: Project Monitoring P.000
45. Step 13: Use of Contingency Funds P.000
46. Step 14: Project Revisions P.000
47. Step 15: Project Completion P.000
SECTION VIII: PROGRAM/PROJECT FILES AND MONITORING
48. Administrative Records Instructions P.000
49. Program Files ... P.000
50. Project Files P.000
5.1. Documentation Submitted to AHFC P.000
52. Program Monitoring P.000
APPENDIX
Appendix A: Program Definitions P.000
Appendix B: HUD Income and Program Limits P.000
Appendix C: Income Eligibility Guidance and Forms P.000
Appendix D: Fair Housing, Affirmative Marketing,
MBE/WBE, Section 3 P.000
Appendix E: Environmental Review Documents P.000
Appendix F: Lead -Based Paint Documents P.000
Appendix G: Inspection Documents P.000
Appendix H: Program and Project Documents P.000
Appendix I: Contract/ Subcontract Documents P.000
Appendix 3: Program Income Policies and Procedures P.000
Appendix K: Maps P.000
Appendix L: Organizational Chart P.000
2
SECTION I:
PROGRAM OVERVIEW
3
SECTION I: PROGRAM OVERVIEW
The primary purpose of the City's rehabilitation programs is to provide decent, safe, and
sanitary housing throughout the City of National City. Priorities, determined by the City,
can also be given to applicants. These preferences and priorities are further defined in these
program guidelines.
To receive rehabilitation program funds, persons/households must the eligibility
requirements outlined in these program guidelines. Homeowners and housing rental
property owners receiving assistance must execute a Note and Deed of Trust (or Security
Agreement for manufactured homes) securing the property as collateral for the loan.
Homeowners must also sign an Assistance Agreement which details applicable program
processing procedures and requirements, and other documents specified by FIUD or the City
pertaining to the processing of the rehabilitation activity.
Rehabilitation work to be completed must primarily focus on work needed to bring the home
into compliance with property standards specified further in these program guidelines.
The City will conduct an assessment of the proposed property to be rehabilitated and
coordinate appropriate work to be completed. The property assessment will include a review
of HUD Health and Quality Standards, energy efficiency standards, , and
accessibility related improvements. A determination will be made, by the City, that all
necessary work can be completed within the funds committed to the project (HUD and other
funds), and ensure that the applicant is qualified, based on eligibility criteria established in
these program guidelines. The City will coordinate the rehabilitation activity, facilitate the
execution of all required documents, ensure that work is performed in accordance with all
required property standards, and submit required project documentation to HUD. The
rehabilitation work will be performed by licensed contractors.
SECTION II:
PROGRAM POLICIES
5
SECTION II: PROGRAM POLICIES
1. INCOME ELIGIBILITY - Refer to Appendix B
The proposed method is currently under review and further
development.
2. PREFERENCES AND PRIORITIES
i. The City has established the following program preferences applicable to the
Housing Rehabilitation programs are identified below. The proposed
method is currently under review and further development.
Preference 1 - Disabled* homeowners who are applying for housing
rehabilitation assistance and the removal of architectural barriers whose total
income does not exceed 80 percent of the area median income, adjusted for
family size, as established by HUD. Disabled homeowners who cannot
demonstrate a verified need for assistance in the removal of architectural barriers
will not be eligible to receive this preference but may be eligible for either
preference 2 or 3 based on applicable eligibility criteria.
* Disabled is defined as a person who has a disability as defined in Section 223 of
the Social Security Act (42 U.S.C. 423), or is determined to have a physical,
mental, or emotional impairment that is expected to be of long continued and
indefinite duration. This disability must substantially impede his/her ability to live
independently, and be of such a nature that such ability could he improved by
more suitable housing conditions. A disabled person is alsodefined in section 102
of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.0
6001(5). Families in which at least one of the occupants has a disability, as
defined in 24 CFR Part 92:2.
Preference 2 - Elderly** homeowners whose total income does not exceed 80
percent of the area median income, adjusted for family size, as established by
HUD.
**Elderly is defined as 62 years of age or older
Preference 3 Households with children who six (6) years of age or younger
residing in the home, whose total income does not exceed 80 percent of the area
median inconie, adjusted for family size, as established by HUD.
ii. The City will target the following program priority:
a. Homeowners whose property exhibits conditions which are considered
to be of an emergency in nature. For example, a property in which the
roof has collapsed, the heating system has failed during the winter
months, etc.
iii. The waiting list procedures - The proposed method is currently under
review and further development.
EMERGENCY REPAIR GRANT PROGRAM WAITING LIST MANAGEMENT
Eligible applicants applying for assistance under the Housing Rehabilitation -
Emergency Grant Program will be placed on the waiting list in chronological order
as recorded by the date and time of the receipt of their completed application. All
Housing Rehabilitation - Emergency Repair Applications will be processed on a
first -come, tirst-served basis contingent on funding availability and a
determination of eligibility for program participation.
SECTION II: PROGRAM POLICIES
HOUSING REHABILITATION PROGRAM WAITING LIST MANAGEMENT
Eligible applicants applying for assistance under the Housing Rehabilitation
Program will be ordered on the waiting list based date and time of the receipt of
their application and any established preference. Program staff will select
applicants from the waiting list according to the date and time of receipt of
application and established preferences. Preferences are also applicable for
tenant occupied properties, where the tenant meets the described preference
criteria and eligibility is established above.
iv. Records retained regarding the prioritization and preferences of applicants,
and their approval or denial of all applications received.
v. Application forms will inform the program participants of the priorities and
preferences of the programs offered.
vi. In accordance with Fair Housing Law, when a person chooses to claim a
disability preference the disability must only be verified, if it is not obvious to
the City. The disability does not have to be verified by a medical professional,
but can be confirmed by another reputable entity such as a social service
agency, educational institution, or employer. The information regarding the
disability also does not have to be disclosed to the City (See Appendix H for
a Verification Form).
3. AFFIRMATIVE MARKETING AND OUTREACH EFFORTS
Marketing and outreach efforts will include use of the senior center,
community organizations, neighborhood councils, fair housing groups, or
housing counseling agencies.
ii. Outreach will include notification of program availability. Notices published in
newspapers of general circulation will advice the public of the activities
available to eligible homeowners and rental property owners. Opportunity
details for applying for rehabilitation assistance, al a minimum will include the
following:
1. Instructions as to where and with whom the applicant must apply.
2. Basic eligibility criteria, i.e., income restriction, owner- occupancy etc.
3. Fixed period of time (for example, 45 days) in which potential eligible
applicants should apply for assistance.
4. Funding Program recognition as the source of program funding.
5. The statement, "Home rehabilitation loans are provided without regards to
race, color, religion, sex, national origin, handicap or familial status."
6. Equal Opportunity Logb and Accessibility Logo.
Insufficient Applicants - In the event that there are insufficient eligible
homeowners identified through the application process to commit and expend
all funds available, the City may elect to re -advertise the public notice, or
utilize remaining available funds on a first -come, first -served basis, subject to
other non -targeting eligibility criteria.
Equal Opportunity. The Affirmative Marketing and Outreach will include the
use of the Equal Housing Opportunity logotype or slogan in press releases and
solicitations for program participation and display of fair housing posters in
common space(s) of the City's offices. The Affirmative Marketing and
Outreach may include Public Service Announcements, press releases and
informational mailings, and other forms of advertisements.
1
SECTION II: PROGRAM POLICIES
4. PROPERTY ELIGIBILITY
The proposed method is currently under review and further
development.
5. ADDITIONAL PROPERTY ELIGIBILITY REQUIREMENTS FOR MANUFACTURED
HOUSING
if the rehabilitated home is a manufactured housing unit it must, meet the
following conditions: The proposed method is currently under review
and further development.
The housing unit foundation does not have to be permanent. However, it
must he sound and free from hazards and structural instability as defined by
the fIQS. The following conditions are indicative of structural instability:
evidence of major recent settling; large cracks or holes; severe leaning; large
sections or crumbling brick, stone or concrete; undermining of footings, walls,
posts or slab; and/or, major deterioration of wood support members due to
water damage or insects. HOME funds maybe used to provide a permanent
foundation or to repair a foundation that is not "sound and free from
hazards."
ii. All manufactured housing must meet the Manufactured Home Construction
and Safety Standards. These standards pre-empt State and local codes
covering all the same aspects of performance for such housing. All homes
constructed atter June 15, 1976 will already meet this Standard. However,
homes constructed before June 15, 1976 must. be inspected for this Standard.
6. OWNERSHIP ELIGIBILITY
The proposed method is currently under review and further
development.
7. LEAD -BASED PAINT REGULATIONS
As referenced in Item #4, all housing assisted with HUD funds must conform to the
Lead -Based Paint Poisoning Prevention Act. The steps below summarize
requirements set forth in the regulations. They do not substitute for them, nor do
they include all the detail necessary to fully comply with all the requirements. The
complete regulation, 24 CFR Part 35, "Lead Safe Housing Regulation: Requirements
for Notification, Evaluation and Reduction of Lead -Based Paint Hazards in Federally
Owned Residential Property and Housing Receiving Federal Assistance, Final Rule" is
available on the internet at: http;Jjwww_hud.gov/gffices/lead[index.cfm
Age of House - Identify and document the age of the housing to be assisted. For
all homes built before January 1, 1978, the following steps must be taken. See
24 CFR Part 35 for more detail. For all homes built on or after January 1, 1978,
the following steps are not required.
ii. Lead Hazard Information Notice - In accordance with 24 CFR 35.125, provide all
occupants of occupied dwelling units to be assisted with the lead hazard
information pamphlet developed by EPA, HUD and the Consumer Product Safety
Commission pursuant to section 406 of the Toxic Substances Control Act (15 USC
2686).The pamphlet is entitled "Protect Your Family from I.ead in your Home"
(EPA74/-K-99-001 June 2003). {he packet may be ordered through 1-800-424-
LEAD or accessed at htto://www.epa.ctov/opptintr/lead/leadpdfepdf.The
pamphlet is also provided in Spanish and other languages. Samples are provided
in Appendix F. I he City may also have some copies available for distribution.
SECTION II: PROGRAM POLICIES
iii. The City must obtain written certification by the homeowner that he or she has
received this pamphlet, including the date the pamphlet was received and
reviewed. An easy way to obtain this certification is to use the space on the back
page of the pamphlet to type: "I acknowledge that I have received the brochure
on Protecting Your Family from Lead in Your Home." Have the homeowner sign
and date below. Simply copy this back page for the file after it has been signed.
Lead -Based Paint Testing. Conduct paint testing or presume the presence of
lead -based paint in accordance with 24 CFR Part 35. 930(a),It is recommended
that the lead based paint inspector or risk assessor provide a summary of the
results suitable for posting or distribution to occupants in compliance with
35.125.A sample summary is provided in Appendix F.
iv. Lead -Based Paint Assessment. If lead -based paint is found or presumed, perform
a risk assessment in the dwelling units, common areas, and exterior painted
surfaces, in accordance with 35.1320(b), before rehabilitation begins.(This must
be done by a certified risk assessor),It is strongly recommended that the lead -
based paint risk assessor provide a summary of the results suitable for posting or
distribution to occupants in compliance with 35.125.A sample summary notice is
provided in Appendix F.
v. Notice of Evaluation or Presumption. Within 15 days of the evaluation or
presumption, if lead -based paint or lead -based paint hazards are determined or
presumed to be present, the City shall provide a Notice of Inspection,
Presumption and/or Risk Assessment (as apply) to occupants, in accordance with
24 CFR 35.125(a). Sample notices are provided in Appendix F. This notice
must be posted and maintained in centrally located common area(s) and, if
necessary because the head of household is a person with a known disability,
distributed to the dwelling unit OR the Notice must be distributed to each
occupied dwelling unit affected by the hazard reduction activity or serviced by
common areas in which hazard reduction activities will take place.
vi. Level of Lead Hazard Reduction Activity. Calculate the rehabilitation cost to
identify the level of hazard reduction activity in accordance with 24 CFR Part
35.915. fhe remaining steps assume the project falls under 35.915(b)(ii).
(Assistance of more than $5,000 per unit up to and including $25,000 per unit
regardless of funding source, excluding lead -based paint hazard reduction
activities, or, no more than $25,000 of federal funds in the project, regardless of
use.) 1t this is not the case, other steps identified in 24 CFR Part 35 are required.
vii. Interim Controls and Safe Occupant/Safe Work Practices. Perform interim
controls in accordance with 35.1330 of all lead -based paint hazards identified and
any lead -based paint hazards created as a result of the rehabilitation work.
Occupants of dwelling units where interim controls are being performed shall be
protected during the course of the work in accordance with 35.1345. Persons
performing interim controls must be trained in accordance with 29 CFR 1926.59
and either supervised by an individual certified as a lead -based paint supervisor
or have successfully completed one of the courses listed in 24 CFR 35.1330(4).
viii. Notice of Hazard Reduction Activity. No more than 15 calendar days after the
hazard reduction activities have been completed, the City shall provide a Notice
of Hazard Reduction Activity to occupants, in accordance with 24 CFR 35.125(b).
A sample Notice is provided in Appendix F. This notice must be posted and
maintained in centrally located common area(s), and, if necessary because the
head of household is a person with a known disability, distributed to the dwelling
unit. Or the Notice must be distributed to each occupied dwelling unit affected by
the hazard reduction activity or serviced by common areas in which hazard
reduction activities have taken place.
SECTION II: PROGRAM POLICIES.
ix. Clearance - Clearance testing shall be performed at the conclusion of interim
control activities in accordance with 35.1340. Clearance must be performed by a
certified risk assessor, a certified lead -based paint inspector, or certified lead -
based paint clearance technician. Clearance examinations shall be performed by
persons or entities independent of those performing hazard reduction or
maintenance activities, unless the City uses qualified in-house employees to
conduct clearance. An in-house employee shall not conduct both a hazard
reduction or maintenance activity and its clearance examination. Clearance is
not required it maintenance or hazard reduction activities in the worksite do not
disturb painted surfaces of a total area more than set forth in 35.1350(d) ("de
minimis levels").
x. Failed Clearance - All surfaces represented by a failed clearance sample shall be
re -cleaned or treated by hazard reduction, and retested, until the applicable
clearance level in 24CFR35.1320(b)(2) is met.
xi. Notice Update - Update the notice in (v) above, based on re-evaluation of the
residential property and as any additional hazard reduction work is conducted. A
sample Notice is provided in Appendix F. This notice must be posted and
maintained in centrally located common area(s) and, if necessary because the
head of household is a person with a known disability, distributed to the dwelling
unit. Or the Notice must be distributed to each occupied dwelling unit affected by
the hazard reduction activity or serviced by common areas in which hazard
reduction activities have taken place.
8. PROPERTY STANDARDS COMPLETION REQUIREMENTS
A detailed listing is provided in Appendix G, titled Housing_Rehabilitation Standards.
9. PROPERTY STANDARS INSPECTIONS
A detailed inspection checklist is provided in Exhibit G. titled Property Inspection
Checklist.
10. FUNDING LIMITATIONS
i. Funding limits for assistance to each homeowner will be as follows:
The propoed is currently under review and further development.
a. $ . for manufactured homes.
b. 5. 000 for condominiums units.
c. $50,000 for all other single dwelling units that do not require lead -
based paint abatement.
d. $1,50Q for all other single dwelling units that require lead -based paint
abatement.
ii. Funding Limitation Waivers - Under further review and development.
iti. The minimum amount of assistance provided to a qualifying homeowner must
equal at least $ . Under further review and development.
iv. Before committing City funds to a project, the City must evaluate the
rehabilitation needs and sources of funds for the project.
v. The total rehabilitation cost caps listed below apply to the total amount of all
rehabilitation funding sources combined:
a. The estimated value of the property, after rehabilitation, can not
exceed of the median purchase price for the area as defined by the
Single Family Mortgage Limits under Section 203 (b) of the National
Housing Act.
IQ
SECTION II: PROGRAM POLICIES
b. The cost of rehabilitation can not exceed 75% of the assessed after -
rehabilitation value of the home.
c. If the property is in a floodplain, the total cost of rehabilitation may
not exceed 50 percent of the estimated value of the property before
rehabilitation, unless environmental review requirements have been
satisfied (contact AHFC before committing HOME funds if this is the
case).24 CFR Part 55.20 contains the eight step decision making
process required by the environmental review for properties exceeding
this limitation.
d. The project can not exceed the maximum per -unit HOME subsidy limit
based on Section 221(d)(3). See Appendix B for the limit guidelines.
11. SUBSIDY LAYERING
a. The City will limit the investment of program funds, in combination with other
sources of public and private funds, to only that amount necessary to meet
the Property Standards identified within these program guidelines, including
any accessibility modifications required by a meniber of the household.
b. If other sources of public and private funds arc being used to rehabilitate or
modify the residence, it must be documented in the project file through the
use of the Project Set -Up Form.
12. APPLICATION FORMS
The City has the responsibility of creating the program application form(s). At
minimum, the application form must collect the following information: the name
of the applicant, the homes physical address, the name of the head of household,
the annual family income, a contact phone number, ethnicity and racial data as
defined by HUD, household type, dwelling type, residential status, priority and
preference information, and a reasonable request accommodation statement. A
sample application is provided in Appendix H.
1t
SECTION III:
ADDITIONAL FEDERAL
REGULATIONS
�2
SECTION III: ADDITIONAL FEDERAL REGULATIONS
13. EQUAL OPPORTUNITY AND FAIR HOUSING
The City will adhere to the following Federal Equal Opportunity and Fair Housing laws
under the I IUD programs: The proposed method is currently under review and
further development.
i. Equal Opportunity. No person in the United States shall on the grounds of
race, color, national origin, religion, or sex be excluded from participation in,
be denied benefits of, or be subjected to, discrimination under any program
or activity funded in whole or in part with HOME.
ii. Fair Housing Act. Requirements of the Fair Housing Act (42 U.S.C. 3601-20)
and implementing regulations at 24 CFR part 100; Executive Order 11063, as
amended by Executive Order 12259 (3 CFR, 1958-1963 Comp., p.652 and 3
CFR, 1980 Comp., p. 307) (Equal Opportunity in Housing) and implementing
regulations at 24 CFR part 107; and title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d) (Nondiscrimination in Federally Assisted Programs) and
implementing regulations issued at 24 CFR part 1.
iii. Age Discrimination. Prohibitions against discrimination on the basis of age
under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and
implementing regulations at 24 CFR part 146, and prohibitions against
discrimination against handicapped individuals under section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at
24 CFR part 8.
iv. Equal Lmployment Opportunity. Requirements of Executive Order 11246 (3
CFR 1964-65, Comp., p. 339) (Equal Employment Opportunity) and the
implementing regulations issued at 41 CFR chapter 60.
v. Section 3. Requirements of Section 3 of the Housing and Urban Development
Act of 1968 (12 U.S.C. 1701u). The purpose of which is to ensure that
employment and other economic opportunities generated by Federal
assistance for housing and community development programs shall, to the
greatest extent feasible, be directed toward low- and very -low income
persons, particularly those who are recipients of government assistance for
housing (See Section B for more information).
vi. Minority and Wornen's BuSiness Enterprise. Requirements of Executive Orders
11625 and 12432 (Minority Business Enterprise) and 12138 (Women's
Business Enterprise). Consistent with HUD responsibilities under these
Orders, subrecipients encourage use of minority and women's business
enterprises in connection with HOME -funded activities (See Section B for
more information).
14. PROCURMENT STANDARDS
Currently under review and development, once completed the procurement
standards will be proposed in the revision scheduled for early fall 2007,
15. FEDERAL DEBARMENT AND SUSPENSION POLICIES
The City, including its principals, may not be presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from
participation in any Federal programs. The City is responsible to ensure that each
contractor and subcontractor performing work on the assisted housing is not
presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in any Federal programs. The City will include
debarment and suspension procedures in its written Procurement Standards.
Documentation indicating that the search was made will be kept in the project file to
be reviewed during an audit/program monitoring.
13
SECTION III: ADDITIONAL FEDERAL REGULATIONS
16. DRUG FREE WORKPLACE
The proposed method is currently under review and further development.
The City will must administer this program in accordance with the Drug Free
Workplace Act of 1988 (41 U.S.C. 701). This Act requires that the City:
a. Publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the City's workplace and specifying the actions that will be taken
against employees for violation of such prohibition.
b. Establish an ongoing drug -free awareness program to inform employees
about:
1 he dangers of drug abuse in the workplace.
ii. The applicant's policy of maintaining a drug -free workplace.
iii. Any available drug counseling, rehabilitation, and employee assistance
programs.
iv. The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace.
c. Require that each employee to be engaged in the performance of the HUD -
funded activity be given a copy of the statement required by paragraph (i),
and that evidence of such notification be retained in the employee's personnel
file.
d. Notify the employee in the statement required by paragraph (i) that, as a
condition of employment under the HOME funded activity, the employee will
abide by the terms of the statement, and notify the employer in writing of his
or her conviction for a violation of the criminal drug statute occurring in the
workplace no later than five calendar days after such conviction.
e. Notify the agency in writing, within ten calendar days after receiving notice
under subparagraph (iv)(b) from an employee, or otherwise receiving actual
notice of such conviction. Employers of convicted employees must provide
notice, including position title to every program officer or other designee
whose program activity the convicted employee was working, unless the
Federal agency has designated a central point for the receipt of such notices.
Notice shall include the identification number(s) of the affected HOME funds.
f. Take one of the following actions, within 30 calendar clays of receiving notice
under subparagraph (iv)(b), with respect to any employee who is so
convicted:
2) lake appropriate personnel action against such an employee, up to
and including termination, consistent with the requirements of the
Rehabilitation Act of 1973, as amended; or
3) Require such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency.
a. Make a good faith effort to maintain a drug -free workplace through
implementation of paragraphs (i), (ii), (iii), (iv), (v), and (vi).
b. Provide the street address, city, county, state, and zip code for the site(s)
where performance of work in connection with HUD funds will take place. For
some applicants who have functions carried out by employees in several
departments or offii es, more than one location may need to be specified. It
is further recognized that some applicants who become HUD fund recipients
may add or change sites as a result of changes to program activities during
the course of the HOME funded activities. Applicants, in such cases, are
required to advise City by submitting a revised "Place of Performance" form.
The period covered by the certification extends until all funds under the
specific HUD funding has been expended.
IW
SECTION III: ADDITIONAL FEDERAL REGULATIONS
17. CONFLICT OF INTEREST
The proposed method is currently under review and further development.
Any person who is an employee, agent, consultant, officer; or elected or appointed
official of the City of National. City using HUD funds, and/or 20% Tax Increment
funds may not obtain a personal or financial interest or benefit from this activity.
Nor may they have an interest in a contract, subcontract or proceeds either for
themselves, their family or business ties during their tenure; or for one year
thereafter. Upon written request to the Grants and Housing Department, the Loan
Review Committee will determine if a conflict exists.
In the procurement of properly and services, the City will adhere to the conflict of
interest provisions in 24 CFR 85..6 and 24 CFR 84.42, respectively. In all cases not
covered by 24 CFR 85.36 and 24 CFR 84.42, the provisions of 24 CFR part 92.356
apply.
18. UNIFORM ADMINISTRATIVE REQUIREMENTS
a. Non -Profit Subrecipients must comply with the following uniform
administrative requirements:
i. OMB Circular No. A 122;
ii. 24 CFR part 84.2, 84.5, 84.13 84.16, 84.21, 84.22, 84.26 - 84.29,
84.30, 84.31, 84.34 - 84.37, 84.40 - 84.48, 84.51, 84.60 84.62,
84.72, and 84.73.
b. Governmental Subrecipients (public agencies) must comply with the following
uniform administrative requirements:
i. OMB Circular No. A-87;
ii. 24 CFR Part 85.6, 85.12, 85.20, 85.22, 85.26, 85.32 - 85.34, 85.36,
85.44, 85.51, and 85.52.
19. SUBRECIPIENT AUDITS
Subrecipient audits shall be conducted in accordance with 24 CFR Parts 44 and 45,
as applicable.
15
SECTION IV:
ASSISTANCE TERMS
SECTION IV: ASSISTANCE TERMS
20. FORMS OF ASSISTANCE
21. NOTE & DEED OF TRUST / SECURITY AGREEMENT
22. TERM OF NOTE & DEED OF TRUST / SECURITY AGREEMENT /
FINANCING AGREEMENT
23. ASSISTANCE AGREEMENT
24. SUBORDINATION POLICY AND CERTIFICATION
25. OWNERS NOTICE OF COMPLETION
1i
20 Forms of Assistance
Owner Occupied Rehabilitation Loan Programs -(HOME Program)
Income Level (% of AMI) Interest rate Comaly with Items
Less than 50% 0% 1-6
51% and 80% 1 1/2% 1-6
81% and 120% 4% 1-4
Guidelines:
1. Applicants must own single family detached dwelling unit as well as occupying
it as their principal residences throughout the term of the loan.
2. Loans are limited to a maximum of $50,000, not including any require lead
paint abatement or controls.
3. Loan is due upon the sale, refinance, is no longer owner occupied, or at the
end of 30 years, whichever occurs first.
4. Eligible properties are limited to Single family owner occupied residences.
5. The after -rehabilitation value of the property cannot exceed the median single
family home value as determined by the City annually or the 75%-95°I0 of the
FHA 203b limit as set and published by HUD annually, currently set at
$362,790, whichever is lower.
6. Comply with other HUD regulations
Note: Healthy Homes and Lead Hazard Control Grants may be available to eligible
program participants.
This program is funded through HUD -HOME and Tax Increment 20% Set -Aside Funds
and is subject to funding availability.
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ASS ISTANCE\20-FOR MS OF ASS ISTANCE-v3.doc
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Page I of 8
Rental Rehabilitation Loan Program
This program is intended to assist all rental property owners located in National City
in addressing health and safety hazards and code violations identified through the
City's Rental Housing Inspection Program.
Guidelines:
• Loans are limited to a 50% match from the owner with a maximum loan
amount of $25,000 on single, 435,000 on a double, and 45,000 on a triple
story structure per unit.
• Grants are available and limited up to $5,000 for all units occupied by tenants
with annual incomes of 80% or below the Area Median Income.
• Interest rate will be three percent.
• If funded through HOME Program Funds, a period of affordability will be
required depending on the total loan amount.
• Loans are amortized up to a 20 year period.
• Loans funded with HOME Program Funds must be occupied by tenants with an
income at or below 60% AMI
• Tenant verifications for income must be submitted on an annual basis by the
building owner
• Buildings with eight or more units are subject to all labor standard provisions,
such as the Davis -Bacon Act. Buildings with more than four units are subject
to the Uniform Federal Accessibility Standards
• Comply with other HUD regulations, including complying with certain
minimum property standards.
This program is funded through HUD and Tax Increment 20% Set -Aside Funds and is
subject to funding availability.
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Healthy Homes Grant-Low/Mod
Design to protect children and their families from health and safety hazards in the
home. The program addresses asthma, allergies, mold, mildew & Moisture control
problems as well as home safety issues and accident prevention.
Guidelines:
• A grant of up to $5,000 for per housing unit
• May be owner occupied or rental property
• Resident must make Tess than 80% of the AMI with existing health or safety
hazards in the home
• May be occupied with seniors (65+) or have children (0-18) with asthma
This program is funded through Tax Increment 20% Set -Aside Funds and is subject
to funding availability.
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Lead Grant Program-Low/Mod
This program is design to address the lead paint hazards in pre-1978 built homes
throughout National City. The grant pays the first $5,000 in costs associated with
reducing Lead hazards in eligible units. Exposures to lead hazards are a serious
health risk for children six and under.
Guidelines:
• A grant of up to $7,500 for per unit for materials, supplies, and labor for
controlling lead hazards in single family units
• A grant of up to $3,000 per unit in multi -family unit dwellings
• A grant up to $5,000 for common areas.
• Structure was built before 1978 and is located National City
• A child aged six or under occupies or regularly visits the home
• Owner must agree to give rental preference to low income families with
children under the age of six year for the succeeding three-year period after
grant closing
This program is funded through HUD and Tax Increment 20% Set -Aside Funds and is
subject to funding availability.
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2t
Section-8 Lead Hazard Control Grant
Section 8 landlords may also be eligible for general Rental Rehabilitation assistance
and Section 8 units built before 1978 and located in National City may qualify for a
$5,000 for a Lead Hazard Control Program grant. The grant pays the first $5,000 in
costs associated with reducing lead hazards in an eligible unit. Exposures to lead
hazards are a serious health risk for children six and under. Eligible properties will
receive a free no -obligation lead assessment from the National City Lead Hazard
Control Program.
This program assists landlords to: reduce liability; prepare for the annual Housing
Quality Standards (HQS) Inspection; increase property value, and provide healthier
housing.
Guidelines for Lead Hazard Control Grants for Section 8 Rental Properties:
• A grant of up to $5,000 for per unit for materials, supplies, and labor for
controlling lead hazards.
• Structure was built before 1978 and is located National City
• Property is currently occupied by a Section 8 tenant or if vacant, unit was
rented to a qualified Section 8 tenant for the immediately preceding five years
• Property meets HUD minimum property standards or will once lead hazard
reduction work is performed
• A child aged six or under occupies or regularly visits the home
• Owner must agree to give rental preference to Section 8 tenants with children
for the succeeding three-year period after grant closing
• Provide copy of the fully executed Housing Assistance Payment contract from
the National City Section 8 Program for each occupied unit.
• Provide copy of the Section 8 voucher for each occupied unit.
• Provide copy of the declaration page of the hazard/liability insurance policy on
each property.
This program is subject to funding availability.
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Condominium Assistance Program
The Condominium Assistance Program is designed to assist owner -occupants of
condominium units with completing property improvements to their unit.
Improvements are for only those areas, within a unit, which the owner of the unit
has authority to change, alter or improve, as defined by the condominium
declaration, by-laws, and or other rules and regulations as issued and adopted by
the condominium association or board. Improvements to common elements and
limited common elements are not within the scope of this program.
Guidelines:
• Loans are limited to $15,000 for one bedroom, $20,000 for two bedroom, and
$25,000 for three bedrooms or more.
• Eligible properties are limited to owner -occupied condominium units.
• Applicant's income cannot exceed 80 percent of the AMI as established by
HUD
• Interest rate is 1 1/2 %.
• Loan is due upon the sale, refinance, is no longer owner occupied, or at the
end of 15 years, whichever occurs first.
• The after -rehabilitation value of the property cannot exceed the median single
family home value as determined by the City annually or the 75%95% of the
FHA 203b limit as set and published by HUD annually, currently set at
$362,790, whichever is lower.
• Comply with other HUD regulations, including complying with certain
minimum property standards.
This program is subject to funding availability.
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Emergency Rehabilitation Assistance Program
The Emergency Rehabilitation Assistance Program is designed to meet the immediate
emergency needs of qualified homeowners. This program addresses only critical
deficiencies in order to assure the health and safety of the applicant and to prevent
further deterioration of the property.
Guidelines:
• Forgivable Loans are limited to $10,000.
• Eligible properties are limited to one unit owner occupied residences,
including condominiums located in National City.
• Applicants' income cannot exceed 60 percent of the Area Median Income
(AMI) established by HUD.
• Interest rate is zero percent.
• Can be forgiven over a 10 year period on a 10% per year basis.
• The after -rehabilitation value of the property cannot exceed the median single
family home value as determined by the City annually or the 95% of the FHA
203b limit as set and published by HUD annually, currently set at $362,790,
whichever is lower.
• Comply with other HUD regulations, including complying with certain
minimum property standards.
This program is subject to funding availability.
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Exterior Home Improvement Forgivable Loan
The Exterior Home Improvement Forgivable Loan is design to assists owners of
residential properties by providing up to $5,000 to exterior home improvements that
are visible from the street or public view. This can include exterior painting and
landscaping. The loan is forgiven 10% per year over a 5 year period.
Guidelines:
• Improvements must be for exterior home beautification purposes and can
include such things as exterior painting, lighting, and landscaping.
• Maximum grant is up to $5,000.
• Owner is to maintain front yard a minimum of 5 years from the loan date.
• Must be owner -occupied single family detached unit located in national City
• The owner occupant cannot exceed 80% of the AMI.
• Owner must not have received this type of grant within the last 5 years.
• Comply with other HUD regulations, including complying with certain
minimum property standards.
• Must have applied, qualify and received an owner occupied rehabilitation loan
form National City to qualify for this grant.
This program is subject to funding availability.
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26
INDEX AS DEED OF TRUST
AND ASSIGNMFNI ()F RENIS
RECORDING RLOUESTED BY AND
WHEN RECORDED MAIL TO"
. COMMUNI I ULVL LOPMLNI COMMISSION
Or THE CITY Or NATIONAL CITY
1241 NATIONAL CITY BOULEVARD
NATIONAI CITY, CAIWF 970S0
21. NOTE & DEED OF TRUST / SECURITY AGREEMENT
Rnrrnwrr(s) -
Moiling Addren _
Property Address 1'1 ddl erepl) _ —
SPA(, •R(1vt OR RECORDER S USE
PROMISSORY NOTE, DEED OF TRUST, ASSIGNMENT OF RENTS
(This I / .__Is Not A Construction Deed of Trust)
Dote
loan No. _ _.. _
Collection Nu.
PROMISSORY NOTE (Simple Interest)
FOR VALUE RECEIVED, the nlo•ve named " 11o•rov.erl,)'" pro ni e(s) to pay to CnmmuNty Development Commission of the City of Notional
City (CDC), ur order, ul us Main Office •n the City of Not,onol Coy, Colitu.np, or of loch other ploce as the holder hereof may de.ajnote
in wriung, the prinr.pol sum of S. ..___..--... _.._.__. wait ur(r, esl (hereon from the dote of disbursement of
the rote of ___4(, per nnonen no the decreus rq pnncryul balonec. Interr,t wdl he rnrnputed on the bosi5 0l a 360 cloy yrnr and o 30
doy month-
Rnrrnwrrls) w,II pray Cnmmun•ty Deve!vpnre•v Comm,seinr, the pr meipnl unJ „detest with lowlul money of the United States of Au•e,ou
commenr,,no wale a pxnynt _ rut of 3_. tin .___ _. , _..._ .__—__ 19 and of..—._—_.. -----
Dollar, 15. ___.._._— Ino the day of rod, month thereoflrr until oll print ipol ,aid Interest is Void in full Community ()eve!.
npmrnt Commission will apply each nstullarent lir,l to ,Merest then due, next, ct .h option, to any, Into rhnrgrs due, and lost to p.6n,pul.
,
YMICInaky
Burrower!,.) may prepay the inrkht rdness ,n 'full or m purl of any time w:thnut penolty.
tE @IiARV
R•'--Dour(••: will poy to Cemosun,ty Ucvv4cpmcnt Commission u tote shorye of b% of rnrh installment not in,,J wilhm 15 days otter ,Is
�o- An addhto.•nl 596 tole charge shall he due pet each colrnrinr month nn the omou:d post doe and cernnining unpoal
Fudore by Bcrrower,e) to pay any :,ntclin,e,e when dun, or to comply w,!h ony vll,rr provision of this Note or the Deed of Irani below.
shell constitute u default, urd all unpaid prurripol, occ,ved inle,e:.l and mhrr arms due under this Note will, or Community Development
Cvtnndv,ion's option, t.rrnrne •mmed•ute!y due and payable Bnrrowe•Isl will pay all attorney', fees, costs and rxuer•srs incurred by Com.
munity Llevek,u,n.nt Cwnmiss,cn ,r, rr.itee ,,,, the rn,lrblednr, nr nthetwise enfn,,, o i,; rights under this Not. u•d Uwtr. of Irust.
�N;yai
The Oren of Trust, below. contuins the following prons,on5 "II ony Tntsmr, or ony successor al Irustor, voluntarily or invuluntorily, zclls,
exchanges, ,roasters, contracts to sell, !cus.n wolf. or without option to uu.,J,vse, dignsrs of, chonges the churgrter or use of, or (Lathe.
encumbers the prosu'ly Jeuubed •n tar, Deed of T:us., or ony intcrrst therein o, 00,1 theceu:, w,thaut fast obtolni. the Benelicinty's writ-
ten w,:xnt, the Berrfirinry troy., •h ounun. des lore 0l1 onpud Inn,; owl, oc(nert burr.,, u••J other ,um•, dor nor' to become Joe under
this Drell of Trust, and the 0r0misory Note secured hereby, imrnr(intrly due u.d uuyoble.'
•4.._,.u. "!. h !.. .,. n. T � •- C-�T'. air
Borrower(.) wdl be noble for repayment of the ,n.elteJne,: even If Community Development Commission does not follow nil legal proce-
dures, such os pre,cnlment, drn.nnd oud/vr protest, er the q,v,nu of u notice of dishonor, which Community Development Commission
might be rerlwrrd to follow ,,, the obsen. S. r,l 11-,, wooer.
ai .$fst''„ r X 'e
►%br3gy,grii► 9,4 `I1:TTk
If more than nor Rorrnwer spans pas Note chi ,rh Br, rawer will br jo,ntly nn.d sevcra llv hotle ono Cnntmvnity Development ( ummissian
rnoy cnlle•:1 hum u tun any one o, e.ru,e of snel Bur,ovrs '•w„Ivut y,vlrg up L. rights agar,' the other , , Any Ronne. who is ['turnedagrees that his or rife, ,cWrutc nnrperty may be .,coed and Itquidv•d to sut,SI, the 6dhhlpcness,
DEED OF TRUST. AND ASSIGNMENT OF RENTS
As security for the wymenl of nil urns when due under the above pate and the performance of Borrower(s) ohliget+nns hereunder, noel
fur the bench of Cn.-.n.u•,•ly DrveIuimc nr (tin.n,ss•o,, us Benefkinry, O'.nowe•h), ond oil other persons s,ynjng this Agreement, us
Trusrnr here)..' IN grant to Iond f,r!e I•nu•or(r(' a.nrr•nny, ass Lusters. ro trust w,th power of •,nlr all of the folio...mu described rent
p,opc rty c,ur.trd ,n :I,e Ccu••ty of ,on D,rg,. Coh(o•,„,, ono (7) ,nr,:nd•,•o•olls end nrvnrnh! wul uss,yn to Crmrnwn,y
npment Comuus;.on nil ernts nccnu, . r,. ;, y u jet
• sac•. nnrl pr.+• s dI xa.urry prrprr•y. oil upon or,<1 subject to the tin un and ranrl,tnns u,
Torah on the reverse snit of this rirn,m..•,
(An, (rl„ b,l our', hrd or referred to above n u (nrl of Ih,s Deed of Trust)
BEFORE SI(;NIN(t THE ORIGINAL, ON (HE ABOVE ()AII WE EACH RECEIVED A COMPIE IEU (.ORY OF THE ABOVE AGREEMENTS AND
WE READ (I IE FACE AND RFVFRSE SIDES HI:RF ( )F AND AGREE TO e( BOUND BY All TERMS AND CONDITIONS CONTAIN(() IIERF IIJ
Borrowers hu,pa
(s,e„ pv..✓Inn•n
2(s
ADDITIONAL PROVISIONS OF DEED OF TRUST (From Other Side)
PROPERTY ENCUMBERED
ILK V Upesty encumbered by Offs Deed M Truv plop tml Jes 11I nil nprkefenonl tow
nyonts w,J 'ry its of wov. I7) 08 boddfnp>, structures. "nprwemeres. f:,tvres. ego,.
mere. w,d n'hrl apoor'e'u,wes now. or l o'cdler planed on rtw read property, it ul
w11n11 vopery, whether or trap vhyncnl!y nnnched to the : •a,J , ,mp,n.rtnen:s_
con>der.d In he h,Iures and. thed're. prat of rho rein µ:,Jerry wunry
OTHER OBLIGATIONS SECURED
11,o Lked of Trost oho t.cu,es Ih. rNlowm0
lD At ✓.e ,oHnn of the (erv.:,n.ty Devef.p".o,,t C,mn,ssrw•. tl a (0,ment
of oMnrv,ut s.,ns which end. to 1wr, °ter: n, Iles f0l,,e where: tow nhove
real proof., he red, tse °wd usyd.drly. ,„clodl'o :• a lent to utlw• o• Inter
owne,s of the property, together w„h interest, oil n. evidenced by o new
pr,ni»wY net.. or note, Cr, l,.drnq oil rentwul,, c.lenttnn: or mv,hlrnhnrn
01 Such notes),
I Jj Per Lan r,anr.. of off of Tr os,v t J-; es i.Itther or not °saw e d by "o•on,
on/ Iced. enl•J (goer rnl., :obleas r. wh.f troy he selotec: ar Pr .,. .the pen el ily:
Deed of l•de, wk., rung enclonto • le-ulald •:ro•c wbU' o pen+ of fire van
under del Lked of ho•,.
(3) Puynen, ilea! Pe0f,0o,00 u' J' nbie.frI.nns seafood by deed, of ern., de• mo,'
goges, u'td oehw' tom: cOnsulu•ny (+ .xn, oern wh.r.. nwy oflect'he tor unto Urnp
.„y v wlncn , �..nper w to per Le, of Ih,s Eked of Tr,. c d A•.,ynm.rn, of Penns
PAYMENTS, ETC., BY BENEFICIARY
The Bonchoe, ', n not fees -red U. t•ut oil +,.m and do d' n„•'yp..„' rk q,e
T,wtor a tee( o(i ,(• n'n •: •w ono., ,hen -lend _ .oy me fc,lwe of eheh w,•'.d
•nw othenr :o d•dr n .lefeoII ender II . r:.. ,,, ,a Deed of Iro:• Aoy yocr,
or (theca °(1 L. !ie.u1(10, r+I) 0„1 I, e (roller of eny to,f• Jrh.,'I' and the.
Trost°, w:i; nn,nni.nt,' y •c,mbursr I I„ Se W l' evy her all soma w pvd ond In NI 0o0S
ooJ e.. .r •orrcd by 9et.tt t,.tot. rh.,...0 whch tuns Jrvll uUfornln,rnI1y become
pV1 r,l rife ,ndrhteose:s p:o• into rna rho:iron lhom,Le J•:'. nor: (5 the tote Voter),
II , Not.
TAKING CARE OF THE SECURITY PROPERTY
Trust,, of (woo. s open, will core lu, vorcl and keep to :efordy tropedy re
good condtrn,.: (r,n morn, pro:np.ly. ,. 7,'w'wen, ony yerunrr
'my>,ruyr.:y wl.:r n
be doe •reed n deoroyed and clele„J u . (orrice -non m ce-non K proceechng whicny.
in the °(:.'afs of Renefre., °cite; wly offer, rho wore), `ru:lw w7l poy Off true+,
o>w,>rnr„IS ..net rhnrges cllechny the woody. and wit pcy wler. Joe nl: Keen,
iron, K. cf:0rges 0„ J ke,., off rr,.ng IF;::cco•: y
NO TRANSFERS
If (try Trust, of u::y >v<r.(v,• r' T•000r. oubw,,,dy r.,nrolom„ltt. sel:..e.JroKen.
ttonsl en. (wdrUn. to 'ell_ !roar, •cal. c, w,thrwt opran to (°,(Lane. draper,. of,
choogeo J,o cbn,ode, , me „I. or ".die, rerombcrs the 0ow'Iy de,np,A .o ties
Deed of Dross, , nny,nlere>t uo:;en, n, port thKonf. wahwl hot nh efn.ng ft, Bend
bc'wys.ref.o ror•,,nl. the Ue"er<cry Tn./.o!:( 01,0n. dtef(„e Nl nnpn,d pet r,p°I_
nf.rr+1 ono cite' sw'( yfee and to beton, Jue onJ•• Ihls freed of Tr,„: on:
the Prov,nseq hfo,e v:e,.'•eJ Iworoy, dnrecrt.Kely doe ow! c.0.•1J.
RIGHTS UPON CONDEMNATION OR PROPERTY DAMAGE
Trost, obsolotele refd m.onrohiy os:ty.n ,v W:ne!.:.ory nl: rompenso:w.., °weds,
d,noyes •yhho/.xhnn end proceed, ,eldfd,f,ony rrlml.m,a fon u,,Jor „O.1rr.
the ,nvray prot,try ond off I.•xere:+ oar: oncomei poe...orn, of ony prnprery a
eredd ,mur0nce pclrcr ,eluhnl rn Ow loon. ull „Ifr:rfe, .•• .e1 :her kart o.n dclooll c,
ony timer✓ :et wiry., Ow lo,n :.n, ttecn.0:Wed to U• y r.l.nt ,:, m,glo of herwoe
be rrrouerJ ,..•(ter `+,sans 1265 :251u101 ore r'nirh.n•n Code d C:-.I P.(.ordorr. n, r
repkkenwol Vote,
ASSIGNMENT OF RENTS
11.104.. ,r n'nhly ond obsolo:e:+ y_. .„error-, c' d cony, •I.r (tenet.r.n1y op
rents, n un. lroit1 end otlmr „ o.r,. de, or to here', ,too for me .x.:nnncy er u.
d the ,er d•ty property, . 'of • , nl'r'On Per ,he I,e• (. •et' colierr err( keep
roots and ocher ,coma of ;ony o,th, butt, •: o - Ud,:U» n ir.nrh undo, foe Kole
of the peed of S,us
ROOD AND OTHER HAZARD INSURANCE
The tiered,..,. troy re;uxe t..0tor I,nm lone 10 , me ,v ,:(yr.c u „ .s .o.n 'fora
end dhcr ho<wJ .oswnnre .n.rroye p•,n,.o : j•nary ntc0e1y. 'r $V:1.
unoons fo•n,, w:h U,.h eumpomrs oewe o,.,.o adkl•: Renei•oo.r the Jana,
rock eter:.ng,ucl,(n.. 0h0ll1*del,v„ed la,w•J rernn,n,n •her ;a•:,tsov (,! Bo.'el
w•'ernry. Rnuhr,o'y nvr ado., •. eh ,r,o(o,.re ond ,nut' sw,y dw p:.m.oms ly •he
ocworrge on "(odor • beholf tn. „h :'' v,npl re.••5w,o,•wnt wdl Iv ,eou.ded
DEFAULT
Fode, d!he hos!a• wIw7ere.0+Inikneo of ,Fe,,:a:L:,C,, + r•.:.d her lh l peed •.
Trod Lr. hem., v I° ✓•,loan no, n,rem.n! ,,,?I, Lked of T,o,f fell :ono'W,e
defend, Upon u•n d d.fn„tee emd. vet. n. twcered by des DA.ed of Iron ,hull
mnfrd•u:rtiv be•oero dew and poyno:t ,1 R.,el..,Ury o• chars,, In the eve... ul v,
defoule „a .. n: y mar rr<,d wet, nty. R.rav,or of crh ( err •,n... •1,
se1U, e•J ,.vleprry,rny .s IO(u100. ., r. r. nofer of w<h deleo•! ,,. VOf Sen.-Lee-it
ele(he•.'n e,l the reel p:,w„'y ,.r., .,! h, the lived of i:,r,t Brnefr•. , re„, wn1.
chow ,•<h r•ed!Afore ,:i,u,tro•v,I. ,+ held • set e huc,.t;,. :.(.r,. fn(e of
rrv: wR.!er sriwrye the (owl, ro,:wh,ch shnl! ;cnkel u.t 0•.01 nelo, o+'dclool, one
r.y n„efcr0f.on d are „ ."ry n nce ,n•kbredness J.(W,ed Ilwr.•r Benefa.o'y s
rK,enn°n or cr end.,, of deleell thole r, ego, Re'wlrary s r.gh's regu,d.g who
&fovil, Yef odes, „(tend, e.fslr,y ue the now . ,o' •ng or n kaet c. errs •l
another Kekt of rod chef, tot been ,ecv,ded (where the rcc,Pey ul d e •e ice of
...Kennon
STATE OF CALIFORNIA�R
COUNTY OF
TRUSTEE'S SALE
NN Ies+ Ihcn I?) moon., ul,er 'ecrrhng rx rwt:rs ul Jeluvlr d,. ..ire mug g,•'e o
noire of It uv.e s sWe ul a t.qut`ed by low re rl:ul t„.0s ond. w,rn',ol fast n,Uk1ng r
hmnnd on ony huge., r•11 the lecenty ofope•:o u1 it, tame• and s:'rre cr sole n .
l.nned:n Ilre na0e Ol wle II n,e lnrvec v <l:(Otes •1 n,<,y a.!, nil N'I,t reopen to <.
rnrr oorcel> at o„t •,•'!• a drones The sole w •I11e of ;'..1-4 nun,un to Inc h.ofree
:wide, 'or rash I,n :uwlol :"cn.y of the Urded She., of Any, fn( pr>ynt,le pi tiw Lune
of toes i1,rhus!ee::I,Ityolk-Ann ter tole from hr.., to tfn,try p„Mr nnnour,r erlenl l:l
11:e I,•,,: o r: dn. v heJwad ter ,he U-0r re of c We, d0 a wet by o e0•+,cus nos,
,ae. 6nt ...dhow one w nry...:rna(a ,mp!•7J ♦Betrayer „fy deee o 'YKJ.c
oily or ef gene, N fern, o> In „kenos of Iotl fed of cone I..de, of low. Jfe, _0e . u:.,.•I
e,e0 1p be:w,(Iv,ne Knef of the 00rh,l w!:,,r.+ Jn7d An, pe,•C„ •,•IV.'•"rI:N•.Y,
rho lrvsre. , n:. Ren.hr,rry , or 101', tx:,e „r Iw vrr
TAKING POSSESSION UPON DEFAULT
,1 uw la.vc, :k lu V II( r. des'vymrn, of rho :n•Jebreo,•ns or Ivdor me:,, c o• c^Y oyyo.
ew. „ndrt :h.s:1oed (,i bed. Ih. Funnhuory root', u ,try'dee waho_:f nonce enhe' n.
oer,n, by ,gent_ er by (crud upla,med recent,. order „Oen ond fn..- neszssan of the
•Knay proper:, , r,Y on., of d whefhe, or of r!.c ve. ,,net o :u!I.c.enr ,° (0t„ly Ile
d„.hlre^ass VJI•e'1•e •,r nett the 2enel eery roan+. •,on. ,I trey Doke w,.0 o. '
Odl,rM n,wves+:ry tn,a, rn '.e ter:, onJ..der n rxi roe, lie tdv5e•:r d.en(:•,• ond
ma:uJ•np •eulo•.oL'. •.Orr ; lees to •. uee!•nn.++ ,c,.ncd it..01Joed of Tr, a
o , ,n o'w I.,we .enel,rMu, des, :<:I:ng n y ni the °<„art :kwn3e.: obn+e
&:neir<.my w,ll des! hnv,w, ed o, ;r,+e,selr .,Berta ore of n• .xy::s ., (ono. mr
w.th „y ,°tree nl tr9nu1, (.ode, pen (teed of Tree
NO WAIVER OF RIGHTS
By ndf.ng pWrr rY y'n! . .o fl .s J•et°,re. " +n. r, : np nrY pcvmen: otter Id., (,
c nn<c or elelo'olt or, yr.,-nr n0 wll (tenet•.,.; , writ not won't es •ryln t(. •. r
promo: lwynw,a when dart of ell od,el wet.++I. m•d ny fh,s DeeJ of heir,or to der,re
n del cult !v I..Irre o pnr 01 to .all dfe pr°ye,1y w•Jer a. r:rn:. N
del°ulr a0et .I.,h„ to h•rl iw ',..W,r r, f•fy +nth ,noon„ tre!,e1tot,' .r.y. wd1ovt
off Kidd the hob0.iy OI ony I,r'sen, I"I role.ose ony perk„ I,4ble fn, poy:eere of :he
n•Jeb!ednea Ibl change „yes ,tom., inn payment of d.e ny:ebtfrhe, end IO '••here
annssMnt wah •wplo(.U', Io.. Keep, odd.nnr.u, u( .'nv ond r`,,nge. setoff°, or,
efe as. ony seco,dy i':r'fr ,neetredeen
RECONVEYANCE
Usn Ott (n. ,n Jun ul o ".M:derk,rs; 'KAKI try !h,s : oed':I 1•n,1 Benel•r,pry
shell ter nn+er• w,dwu' ...net' It'. r... crest df rr c >wvpett , to :1,r ,ce ter , pat tot,
4'tnlly rr.ullnd de'efo ,,.Ii w.r1'c+e, loch U'e •at,wd .r.lock rcrwwe5ox(..hUa 4
rnrndcyed co,Jwwcic on he VUc. when tel.e0 upon by udnepVrm ISUIJ,Ux,r w
en, mbronce,s !o' +0lre w o Ore rat n0V,e ", ^f nNdn °) 0, env .•• the 'erne'
er'•Vnre li,e 1..nlr• wJl 1Y onfoke! ,o (horde n .n»not:e •eco'.ey:,reet ttte els n
SUBSTITUTION OF TRUSTEE
FknrhGory '1 _ h,rn ern. n rxne:oba„o,e o•.•••., t •.art .n plece cl rrooee to
ror•y (,, o,e d..he. a •(o; ee ,ado, n •s Deed nl h,nt Uuuf onJ. ;: s..hm!.n rn and
w,rlr. 1 :Or ry,ny r,rle II, r •. w re•:(rrc the crew' e.,'tt ✓n.,l F,;,,.:M •.vre gowns
hr.. red do• s us ow Ferh :oche wVIVO h::,, J,JI l.o' n w,Ine) s'yned by Benxi,.
c,ory,de„„!yore, ••,(•..daof Troth on(0J, .ryncktwe proof of the ternfor dikrr,.
w , 01 ••,. new tredee w h.^ 'tt It ve ..•dh Ihr Ogice OI :1-y (.....: • y k.enrder OI Inc
BENEFICIARY'S STATEMENT
eM 9enefoury f•uv o.o'x•n• met..n moma,r'Ide,pe,m.nrd re law for on.,.oe
m.n e(ord.• fh. 1+)..,... , . se. wr .! b. r ., "reed of Trost
HOLD HARMLESS
Tr, ore , ycos :o ',off) h.u,,•.le+ . en,ry nrd bic or: U ., Lao.. and 9emLo,y. a
1r,:to, ::Ole er.i:erne.cry,r`
„I Br••ei.(.u.. ant:, h..,n:Ic(: •o •craw. ,m I,r.elnf Benel:<•w y's ruwneh'••
fee. 0^1 res,:,rr:n,e,l ,o1r. (rn.ira'y 'c
• es,•;11 rn nr1. •,ur'l 1,,+,. ,••(h: •r. 'o , In rr, n ,;rr °<„(+.• Leo..°t': 1r 100t°0 °go•rsl
n.l,r,� . .nl.,.+g („_( ,r ;•rnr n„d: a. ,ha. Nue +no. •.,, Ify !h,: Deed of
ENTIRE AGREEMENT
tech all peoson, sy,n us ned,wer ond: or hd.,. br,th .nd..,d,:ol:y urd tooeff't,
the„ hods reefed:of, y.,. r.•+ga, and arcces,o's
INVALID PROVISIONS
.:o10es °rr Iru.,s,•o. ,;I ow Inrr .rw:I p,e,+o••„f let, p":I nl 0,01 Ivor,s•or,) +.uu L„
cons•de•eJ n(" I,. v !.-,r "1 ,hc n:e,r :,' U,r J nl 1n,+1 h'o dfr remu.nJo rI a e,r d,nll
f.rl
NOTICE TO TRUSTOR
,•des."h,;!h•tdo! Too.. end. 1 fo ',osky of de: •r4J.n non'c1;Nd
sea lu'des 0L(,,0. •.n'he'.•n.e
PROMPT USE OF LOAN FUNDS
On _ _ ._ _ — __ _. _ t,etore ne:no rrllll:!s;yr,CC, a NwIary :lnnl:
Txsr�ur;elty apn"arnd _ _
known !o nee Io tr.• !ht• rlersorl wt•ose'name _
_ . _erne We'd Ike same
WITNESS usy nand and ntlic,al seal
(Sea
n:001 kle
B •-,»•
d (nanly :era Sidle
_ , aubM,IlL :C IC the .v,m,n „':h:,•ncnl der( ern enuw.edyul 'ha'
Notary Pot:, ,n and fr✓ Ynd: Cuu 'y .roc S!aee
2�1
Order No
RECORDING REQUESTED BY
AND WHEN nEGOHDED MAIL TO
1,:LUW NI,
DEED OF TRUST
UH IiECOF UI H S USL
THIS DEED OF TRUST is made this day of , 19 , between
, herein called Trustor, whose address is
(number and street) (city) (state) (zip)
and GT SERVICE CORP.. a California corporation, P.O. Box 66/, Burbank. California 91503-0667 herein called Trustee, and
, herein called Beneficiary.
Trustor grants, transfers, and assigns to trustee, in trust, with power of sale, that property in
County, California, described as'
Which has a street address of:
Trustor also assigns to Beneficiary all rents, issues and profits of said realty reserving the right to collect and use the same
except during continuance of detault hereunder and during continuance of such default authonting Beneficiary to collect and
enforce the same by any lawful means in the name of any party hereto.
For the purpose of securing:
(1) Payment of the indebtedness evidenced by a promissory note in the principal sum of $ of even date
rewith, payable to Beneficiary. and any extensions or renewals thereof. (2) the payment of any money that may be advanced
y the Beneficiary to Irustor. or his successors, with interest thereon. evidenced by additional notes (indicating they are sc
secured) or by endorsement on the original note, executed by Trustor or his successor; (3) performance of each agreement
of f rustnr incorporated by reference or contained herein
Grc 7Xe (5.941
2S
On October 25, 1973, indentical ticitious Deeds of Trust were recorded in the office of the County Recorders of the Counties of the
State of California, the first page thereof appearing in the book and at the page of the records of the respective County Recorder
as follows
COUNTY - Book Page COUNTY Book Page COUNTY Book Page COUNTY
Book Page
Alameda 3540 89 Kings 1018 394 Placer 1528 440 Sisklyou 697 407
Alpine 18 753 Lake 743 552 Plumas 227 443 Solano 1860 581
Arnador 250 243 Lassen 271 367 Riverside 1973 139405 Sonoma 2810 975
Butte 1870 678 Los Angeles 78512 751 Sacramento 731025 59 Stanislaw: 258/ 332
Calaveras 368 92 Madera 1176 234 San Benito 386 94 Sutter 817 182
Colusa 409 347 Marin 2736 463 San Bernardino 8294 877 Tehama 630 522
Contra Costa /077 178 Mariposa 143 717 San Francisco 8820 585 Trinity 161 393
Det Norte 174 526 Mendocino 942 242 San Joaquin 3813 6 Tulare 3137 56/
El Dorado - 1229 594 Merced 1940 361 San Luis Obispo 1750 491 Tuolumne 396 309
Fresno 622i all Mudoc 775 668 San Mateo 6491 600 Ventura 4182 662
Glenn 565 290 Mono 160 215 Santa Barbara 2486 1244 Yo(o 1(181 335
Humboldt 1213 31 Monterey 877 243 Santa Clara 0623 713 Yuba S64 163
Imperial 135b 801 Napa 922 96 Santa Cruz 2358 744 File No.
Inyo 205 660 Nevada 665 303 Shasta 1195 293 San Diego 73-299568
Kern 4809 2351 Orange 10961 398 Sierra 59 439
The provisions contained in f3echon A. including paragraphs 1 through 5, and the provisions contained in Section B, including
paragraphs 1 through 9 of said fictitious Deeds of (rust are incorporated herein as fully as though set forth at length and in
full herein. In Section A. paragraph 5, and in the last paragraph of Section B, paragraph 5 of said provisions, the interest rate
stated as "at seven percent"; is hereby amended to read "at interest rate called tor in the Promissory Note
the undersigned Truster requests that a copy of any notice of default and any notice of sale hereunder be marled to Truster
at the address hereinahove set forth, being the address designated for the purpose of receiving such notice
Stale of California
County of ____
On ___
Signature(s) of Truster
before roe, _
S.S.
in and tor the Stale of California. personally appeared
, a Notary Public
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(Ies), and that by his/her/their slgnature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted. executed the instrument.
f OR NOTARY STAMP
WITNESS my hand and official seal.
Signature .__
20
23. ASSISTANCE AGREEMENT
LOAN ASSISTANCE AGREEMENT
[National City. —(lousing Rehabilitation Assistance]
This Loan Agreement is executed . 20 between
("BolTowcr") and the City of National city/County of
San Diego("Lender').
RECITALS:
A. Borrower has applied to Lender for a loan (the "Loan") to assist Borrower
in purchasing a single family home that will he Borrower's primary residence, which
home is located at _,National City, California (the
"Property"). The Loan is being made under the Community IiOME investment Program,
which is a program under the L I. S. Department of Housing and Urban Development.
B. This Agreement will set forth the parties' agreements relating to the Loan.
For good and valuable consideration, including the making of the Loan, the
parties agree as follows:
L. The Loan.
(a) Terms and Security. The Loan amount shall not exceed $
and the Loan is a deferred payment loan. The payment terms, interest rate, and other
requirements are specifically set forth in the Promissory Note from Borrower to Lender
for the I.oan amount (the "Note"), which will be executed contemporaneously with this
Agreement or at the closing of the purchase of the Property (the "Closing"). The terms of
the Note are incorporated in this Agreement by reference. The payment of the Note shall
be secured by a Deed to Secure Debt (the "Deed") from Borrower to Lender for the
Property. If this Agreement is executed in advance of the Closing, the Closing must occur
no later than 20
(b) Conditions for Closing and Disbursement. Lender shall not he obligated to
close the Loan or disburse any of the Loan proceeds until it has received a copy of the
sales contract for the Property, a satisfactory appraisal, confirmation of other funds
needed to complete the purchase, and satisfactory proof or confirmation of satisfaction of
all other National City requirements and the HOME regulations.
2. Use of Loan Proceeds. Borrower may only use the Loan proceeds for a
rehabilitating the Property and for costs related to the Closing.
3. Restrictions.
(a) L Ise and Transfer Restrictions. During the entire "Affordability Period" (as
defined below), Borrower's family shall continuously use and occupy the Property as its
principal residence. Borrower shall not lease or voluntarily or by operation of law sell all
or any part of the Property or any interest in the Property during the Affordability Period.
Any abandonment of the Property or other breach of this covenant shall he an "Event of
M.\Common\GRANTS kIoIISING DEPARTMENT\XAVIFRS TABLE OF CONlFr\'T\23-ASS!STANCL
AGkI.FMENTLOAN ASSISTANCE A(112FF.MENT-uc convcrsion.doc
('age I of 4
30
Default." As used in this section, "family" has the same meaning as in the HOME
regulations (currently found at 24 CFR §92.I et seq.) and the "Affordability Period" is
the period starting on the date of the Deed and continuing for _ _ years. If this covenant
is breached before the expiration of the Affordability Period, the Loan amount (or a
portion of it) shall he subject to recapture by Lender, as specifically set forth in the Note.
(h) Foreclosure and Revival of Restrictions. Subject to the remainder of this
section, if there is an assignment of an FHA mortgage to HUD or it a person forecloses
Borrower's interest in the Propcny or takes a deed in lieu of foreclosure and such person's
mortgage or security deed was prior to the Deed, the restrictions and covenants in this
section shall terminate and no longer affect the Property. Notwithstanding such a
foreclosure or deed in lieu of foreclosure, however, the covenants and restrictions in the
Deed and this section shall be revived and shall remain in force for the remainder of the
Affordability Period when and if the owner of record before such foreclosure acquires or
obtains any ownership interest in the Property at any time during the Affordability
Period.
4. Inspections. Until the Loan is paid in full, Borrower shall permit Lender or
its representatives to enter upon the Property to inspect the Property. "1.'his provision shall not
impose upon Lender any obligation to inspect the Property or any liability for the failure to
detect any defect or problem with the Property or for the failure. to act with respect to any
such defect or problem.
5. Federal Requirements. Borrower shall comply with all regulations governing
the HOME Program and all National City requirements. Borrower acknowledges and agrees
that the following National City requirements (the "National city Requirements") apply to
the Loan: (a) Borrower's total household income cannot exceed 80% of the area media
income; (b) the value of the Property cannot exceed 95% of the median purchase price for
the area in which the Property is located; (c) upon purchase of the Property and during the
Affordability Period, Borrower must have fee simple title to the Property; (d) the Property
must he the primary residence of Borrower; (c) the Property cannot he owned by a religious
organization; (f) the Property must comply with all environmental law, rules, and
regulations; (g) Borrower must comply with the insurance requirements set forth in the
Deed, including obtaining and maintaining fire and hazard insurance on the Property in an
amount sufficient to cover the amount of the Loan and any other mortgage encumbering the
Property. Borrower shall satisfy or comply with all National City Requirements and the
failure to do so is an Event of Default.
6. Indemnification. Borrower shall indemnify '.ender, and its officials, officers,
agents, and employees against all claims, liabilities, losses, costs, or expenses caused by the
performance of this Agreement.
7. Borrower's Representations and Warranties. Borrower warrants and
represents as follows (and acknowledges that all of these warranties and representations are
material): (a) The matters contained in the Application for the Loan were true and complete
in all material respects as of the date of filing and remain true and complete now. (b) No
official, officer, agent, or employee of Lender or any member of the immediate family of
M:\(bmmon\(;RANTS-iiOUSING UEPARTMENT\XAVILRS F MSU' Ew TABU. OF CONrENlV 3 ASSISI ANCE
AGREEMENT \LOAN ASSIS'IAN(T.. AGRE.EMENT.nc cunversion.doc
31
P:Te 2 of
such person has any interest in this Agreement or any proceeds or benefits from it or the
Property. (c) Borrower is not presently debarred, suspended, proposed for debarment,
suspension, declared ineligible, or voluntarily excluded from participation in this transaction
or the HOME Program by any federal department or agency. (d) Borrower will be the owner
in fee simple of the Property. (e) no tenant living in the Property within 12 months before
the Closing has been or will be displaced by the sale of the Property. (f) All representations
and warranties made in this Agreement shall survive the closing of the 1.oan and the closing
of the purchase of the Property.
h. Event of Default. In addition to any other "Events of Default" set forth
elsewhere in this Agreement, the following shall constitute Events of Default under this
Agreement: (a) Borrower's breach of any covenant under this Agreement, including
Borrower's failure to occupy the Property as Borrower' primary residence; (h) a default
under the Note or Deed; (c) any warranty or representation in this Agreement is false or
materially misleading; or (d) Borrower files or has filed against Bon-ower any hanknrptcy
proceeding.
9. Remedies. If an Event. of Default occurs, Lender may, in its sole discretion,
pursue any or all of the following remedies: (a) immediately suspend or terminate this
Agreement; (h) declare the Note immediately due and payable and institute proceedings for
its collection; (c) exercise any and all rights under the Deed; and (d) take any other action in
law or equity. Lender's rights and remedies under this Agreement, the Note, and the Deed
are cumulative. Any election of any right or remedy will not be deemed to he an election of
that right or remedy to the exclusion of any other right or remedy.
l0. Miscellaneous.
(a) 1.ender will charge Borrower a project delivery cost in connection with the.
Loan
(b) As used in this Agreement, "Borrower" shall mean all persons signing this
Agreement and borrowing money from Lender. The word "including.' means "including
(but not limited to)" unless specifically stated to the contrary.
(c) This Agrecmcnt shall be construed, interpreted, and enforced in
accordance with California law.
(d) All notices required under this Agreement shall be in writing and
addressed to Borrower at the Property address and to lender at
. Notice shall be mailed by certified mail, return receipt
requested, postage properly prepaid, or hand delivered. Notice shall be deemed given,
received, and effective 3 days from the date of mailing or on the date of delivery. Either
party may change the address for notice by giving the other party notice of the new
address in compliance with this section.
(c) This Agreement, the Note, and the Deed contain the entire agreement
between the parties relating to the subject matter of this Agreement.
M.\Co,im ,,\GRAN'IS HOUSING DEPARTMENTXAVIERS rry.mS\NEW TABLE OF CONTEN*I1.:3-ASSISTANCE
AGREEMEN I\LOAN ASSISTANCE AGREEMENT uc (7011Vers1011 doe
Page 3 of .1
32
(f) This Agreement will inure to the benefit of and be binding upon the parties
and their successors, representatives, and assigns.
(g) Borrower agrees to perform any and all further acts and to execute and
deliver any and all additional documents which may be reasonably necessary to carry out
the terms of this Agreement or correctly set forth the terms of this Agreement.
(h) Borrower may not assign any right, benefit, or obligation of Bon-ower under
this Agreement without. Lender's prior written approval, which Lender may grant or deny in
its sole and absolute discretion.
(i) Neither party is an agent or representative of the other. Borrower is solely
responsible for procuring and providing all personnel, facilities, materials, and services
necessary to perform Borrower's obligations under this Agreement. Nothing in this
Agreement shall he construed to create a partnership or joint venture between the Borrower
and Lender, and Borrower acknowledges and agrees that the sole relationship of the parties
is that of borrower and lender.
IN WITNESS WIIEREOF, the parties have executed this Agreement on the
above date.
BORROWER:
Name:
Name:
[please print]
[please print.)
LENDER:
R:
City/County of
By:—__
Title:
17c \dca\Nnrional Ctty apmI horncbuyer chic)
\1 \C ninon\GRANTS HOUSING UEPARTMEN'r\XAVIERS 111=.MS\NEW TABLE OFCONTENTG'.3-ASSISTANCE
AGREEMF.NT\LOAN ASSISTANCE AGkEP.MLN'F-nc cnnvcrsion.dic
Page 4 of 4
`35
24 HOUSING REHABILITATION LOAN SUBORDINATION POLICY
General Requirements:
Subordination requests will only be considered if the homeowner is in a dire
situation, such as a medical emergency or the possibility of losing the home, or if re -
mortgaging is only to pay off the mortgage balance to reduce the homeowner's
monthly payment and no additional monies will be received by the homeowner in
excess of the existing balance of the mortgage.
Homeowner Requirements:
• Provide the City of National City with updated financial information
to determine eligibility.
• Provide full and complete information as to the terms and
conditions of the re -mortgaging including the value of the
property, the balance due on any mortgage which is prior in
position to that of the City of National City's lien, and the value of
any subsequent and resulting mortgage or other liens which would
appear first in priority before the City of National City.
• Provide the City of National City with a certified appraisal from the
mortgagee as to the value of the property.
• Provide the City of National City with a written request for a
subordination agreement, stating the reason for the request.
• Provide the City of National City with a letter from the new mortgage
company stating it will not take second position for pay-off and
include the amount of the new mortgage.
City of National City Requirements:
• The City of National City will submit to San Diego County a written
request indicating their support of the lien subordination along
with the above documentation collected from the homeowner.
San Diego County Requirements
• San Diego County will respond in writing within ten (10) days of
receipt of the City of National City's request provided that no
additional information is required from the City of National City,
mortgage/finance company, or homeowner.
M \Cowman\GRANTS-HOUSING DEPARTN1ENT\XAVIERS rrUMS\NE\V TARI,F:OF CONTFNT114 SUBORDINATION
ION
POLICY\SUBORDINATION POLICY do,-
Paa2r I of I
3L-I
25 OWNERS NOTICE OF COMPLETION
API hR HFCORDING MAII TO'
Name
Addi rss
City. State Zip
OWNERS NOTICE OF COMPLETION
NOTICE IS IILFd1BY (3IVI N. pursuant to A . 34.3 t)i I dirt
of
proper tv
is the 0, net of tile following dru g ihrd
That on the day of _ work was completed on the constnlchOn,
alternl1 nt, or repair of the l oilding or improvements located Iherrnn by
.. --- -- the original corurlctor. --- -------
That None c. of Intent to Recnnl this Notice .,I Completion was gl:ru to all persons havmy y Notices of Right to
I,ien 01 asserted a Stop Lending Ni rice on the above mentioned property al lust five days helve the recording of
tins dor.rment
I) VI EI) fHIS day of
QAVNI•R
STAT 1: O�
CAI.11'OHNIA
SS'
Thud ludic:tat r)iarict
_ being duly svyo,n upon oaih. dr;1><ne'. and says:
I have read the lorego.up, Notice of Completion. know the contents thereof,all and singular. and the. statements
cnncunrd therein are 1111c as 1 believe
STATL Of r'allt
'Third
tudiclal filslrl.'I
IRIS IS TO CLR'I Il Y that on this day of . be lore. [Ile the
—.—. •
undetsigncd Nnlaly Puhl1C, pet ...natty appeared _
known to Inc and to, me known to he, the ;ndlyw!ad(s) dcscrlbed w , id who cxtcwed the foncs.erng
I:r.tl omens and acknowledged to n:c that signed the, same trade znd Iodurtsrdy for r.+r
use,. and f)u,pw.r•• therein sCI tort
RIVLSS mi taut and officral sad
Notary Public la and lee Cali nn Iia_
tv1 v curnmISSIun rs )Ires'
l.!`l:�•nalonsGR AN: II0LS(NC1)3PAy'1,tNr1XAY(FRS rl t MS,'5LWfAni.L 0) I'(,5.TFPa'J? nss 41( NO I li l',.
('(M I'Ll.liON,,,`MafRS NO I ICf. OFt'(\1P1.h1der
I r,
SECTION V:
PROJECT COSTS
3(9
SECTION V: PROJECT COSTS
26. FORMS OF ASSISTANCE
The proposed method is currently under review and further development.
Eligible costs include:
a. Project Hard Costs: the actual cost of housing improvements site
improvements. Such costs include those associated with the following:
i. Meeting applicable Property Standards identified within this Policy and
Procedure Manual.
ii. Making essential improvements, including energy -related repairs or
improvements, improvements necessary to permit use by handicapped
persons, and the abatement of lead -based paint hazards, as required
by 24 CFR 92.355, and to repair or replace major housing systems in
danger of failure.
iii. Making accessibility improvements for persons who are disabled.
iv. Demolishing existing structures.
v. Making utility connections, including off -site connections from the
property line to the adjacent street.
vi. Making improvements to the project site in keeping with
improvements of the surrounding, standard projects. Site
improvements may include on -site roads and sewer and water lines
necessary to the development of the project.
b. Project Soft Costs: other reasonable and necessary costs incurred by the City
and associated with the home improvements funded with program funds.
Such costs include the following:
i. Architectural, engineering or related professional services required to
prepare plans, drawings, specifications, or work write-ups.
ii. Processing the financing for a project, such as fees for title evidence,
recording and filing of legal documents, building permits, attorney
fees, private appraisal fees, and fees for an independent cost estimate
and builders profit and developers fees.
iii. Costs of a project audit that the participating jurisdiction may require
with respect to the development of the project.
iv. Staff and overhead costs directly related to carrying out the project,
such as work specification preparation, loan processing, inspections,
and other services related to assisting ORP recipients.
v. Project contingency funds, not to exceed 10 percent of the known
project costs. Known project costs do not include contingency funds.
Under exceptional circumstances, the ORP Project Manager may
approve contingencies of more than 10 percent. Requests for larger
contingencies should be made in writing with appropriate explanation
of the circumstances requiring larger amounts. Upon project
completion, the project commitment amount (including the Note, Deed
of Trust/Security Agreement, and Assistance Agreement) must be
reduced by the amount of any unused contingency funds.
c. Eligible Administrative Costs include reasonable costs for the following:
i. funds may be used to pay administrative costs incurred by the City in
the performance of program activities, but may not exceed the amount
of administrative funds allocated in the City HUD grant agreements.
Funds can be used for general management, oversight and
coordination of the program. Costs include, but are not necessarily
limited to, necessary expenditures for the following:
3�
41.11.41,4
SECTION V: PROJECT COSTS
Salaries, wages, and related costs of the City's staff. In charging costs
to this category, the City may either include the entire salary, wages,
and related costs allocable to the program of each person whose
primary responsibilities involve program administration assignments,
or the pro -rated share of the salary, wages, and related costs of each
person whose job includes any program administration assignments.
The City may use only one of these methods.
Program administration includes the following types of assignments:
1. Developing systems and schedules for ensuring compliance
with program requirements.
2. Developing agreements with entities receiving ORP funds.
3. Monitoring HOME -assisted housing for progress and compliance
with program requirements, including program audits.
4. Preparing reports and other documents related to the program
for submission to AHFC.
b. Coordinating the resolution of audit and monitoring findings.
6. Evaluating program results against stated objectives.
7. Managing or supervising persons whose primary responsibilities
with regard to the program include such assignments as those
described in ii (a) through (e) above.
8. Travel costs incurred for official business in carrying out the
program.
9. Administrative services performed under third party contracts
or agreements, including such services as general legal
services, accounting services, and audit services.
tO.Other costs for goods and services required for administration
of the program, including such goods and services as rental or
purchase of equipment, insurance, utilities, office supplies, and
rental and maintenance (but not purchase) of office space.
ii. Staff and overhead directly related to carrying out the project(s), such
as work specification preparation, client and loan processing,
inspections, or other services related to assisting ORP recipients.
Note: These costs may be charged as administrative costs or as
project soft costs at the discretion of the City. This may also include
the costs of initial assessment/inspection for proposed projects that
are later determined to be ineligible for the program.
iii. Public information, including the provision of information and other
resources to residents and citizen organizations participating in the
planning, implementation, or assessment of projects being assisted
with program funds.
iv. Activities that affirmatively further fair housing.
v. Indirect costs may be charged to the HOME program under a cost
allocation plan prepared in accordance with OMB Circulars A-87 or A-
122, as applicable.
27. REHABILITATION FUNDING PRIORITY
The City will prioritize the rehabilitation needs of each project in the order identified
in the detailed listing is provided in Fxhihit H, titled Owner Occupied Housing
Rehabilitation Standardsprovrdes a listing the funding priorities.
SECTION V: PROJECT COSTS
28. EXAMPLES OF TYPICAL REHABILITATION ACTIVITIES
a. Exterior
• Repair or replace all, or part of, the roof structure.
• Repair or replace all, or part of, porches and/or step system.
• Cover or coat exterior surfaces with appropriate materials, with the
goal of eliminating or reducing maintenance.
• Repair, replace, and/or install rain gutter system.
• Repair or replace damaged/non-functional doors and windows.
• Clean up yard waste.
• Repair foundation and/or chimney.
• Utility Connections.
• Lead -based paint control or abatement.
ii. Interior
• Repair/replace/construct walls, ceilings and floors.
Repair/replace/install interior doors, handrails, stairs, kitchen cabinets
and bathroom fixtures.
Repair/replace mechanical systems: heating, ventilation, plumbing and
electrical.
Repair/replace structural components such as posts, beams, bearing
walls, etc.
• Lead •based paint control or abatement.
iii. Special Design Features
• Widen doorways to accommodate the use of wheel chairs.
• Construct ramp to provide/improve access for persons with disabilities.
iv. Related Soft Costs
• Assessment and inspection work performed by City staff. At the
discretion of the City, this may also be charged as an administrative
expense.
• Property Appraisal or Broker's Opinion of Value.
• Building permits.
• Contracted professional services: plan preparation, specifications, work
write-ups, lead -based paint assessments and clearances, etc.
• Mileage and/or travel directly related to the project.
29. PROHIBITED ACTIVITIES AND COSTS
i. Purchase or repair of appliances not permanently attached to the
home.
EXCEPTION: The repair or replacement of appliances, such as a
refrigerator or stove, is acceptable in cases where the property would
not otherwise meet HQS. Such costs may not exceed $1,000.00 ($750
for any one appliance or $1,000 total), unless approved in writing by
the City. Washers and dryers are generally not required to meet HQS.
ii. Landscaping, except if applicant has been approved for participation in
the City Exterior Improvement' Program or if for the restoration of the
site following an eligible activity, or for health, safety or accessibility
reasons.
3q
SECTION V: PROJECT COSTS
iii. Relocation costs. Program funds may not be used to pay for relocation
costs of any household member unless approved in writing by the City;
unless relocation is due to lead -based paint activities, in no event may
the cost of relocation, if approved by City.
The proposed method is currently under review and further
development.
iv. Site improvements, unless necessary to correct an HQS violation.
v. Any other cost determined to be ineligible per federal HOME
regulations for housing rehabilitation projects funded by HOME/CDI3G
only, or ineligible in accordance with these program guidelines for all
projects.
vi. Additions to the footprint of a home that is located in a tloodplain.
Other additions need to be approved by program staff and by the Loan
Review Cornrnittee (LRC). If changes, are made to increase the size of
the dwelling the additions must first be approved by the City's
Planning Department and must comply with the local building code.
SECTION VI:
RECORD KEEPING
LI I
SECTION VI: RECORD KEEPING
30. RECORD KEEPING REQUIREMENTS
The City will establish and maintain sufficient records to enable HUD and/or City
Auditors to determine whether the City has met the requirements of policies and
procedures outlined in the program guidelines. Project files at a minimum will be
set-up in the following manner:
i. Records demonstrating the income eligibility of each household assisted with
program funds.
ii. Records demonstrating that the dwelling was the principal residence of the
owner at the time program funds were invested in the property.
iii. A record that a search was conducted at the San Diego County Recorder's
Office website or that a title search was ordered.
iv. A full description of each project assisted with program funds, including the
location and form of assistance provided.
v. Records demonstrating that each project meets the property standards
established within these program guidelines.
vi. If a manufactured home was rehabilitated, records that it was in accordance
with the property standards and eligibility outlined in these rehabilitation
program guidelines.
vii. Records demonstrating that the value of the property, after rehabilitation can
not exceed the Single family Mortgage I imits under Section 203(b) of the
National ( lousing Act.
viii. Records demonstrating that the total cost of rehabilitation did not exceed
75% of the value of the property after rehabilitation, or if in a Special Hood
Hazard area, the total cost of rehabilitation did not exceed 50% of the value
of the properly before rehabilitation. If costs otherwise exceeded these
limits, documentation of appropriate waivers and that the proper alternative
environmental review process was followed.
ix. Records which identify all sources and amounts, and application of funds
contributed to each project.
x. If applicable, "Matching" contributions records associated with the project
assisted with program funds, documentation regarding the sources of funds
other than city program funds and whether the source is a federal or other
source.
xi. Records documenting administrative costs incurred by the City in the
performance of rehabilitation program activities.
xii. Records identifying the source and application of program income,
repayments and recaptured funds. Refer to Appendix 3, Program Income
Policies and Procedures.
xiii. Records demonstrating adequate budget control, in accordance with 24
CFR 85.20, including evidence of periodic account reconciliation.
xiv. Records demonstrating compliance with the City's cost allocation plan.
xv. Records demonstrating compliance with applicable uniform administrative
requirements identified within these program guidelines.
xvi. Records documenting required inspections, monitoring reviews and audits,
and the resolution of any findings or concerns.
xvii. Equal Opportunity, fair Housing and Affirmative Marketing Records:
I) Data on the extent to which each racial and ethnic group and single -
headed households (by gender of household head) have applied for,
participated in, or benefited from, any program or activity funded in
whole or in part with I1OML, CDBG, and/or Low -Mod Program funds.
2) Documentation of actions undertaken and outcomes achieved under
the City's Affirmative Marketing and Outreach Plan.
SECTION VI: RECORD KEEPING
3) Documentation of actions undertaken to meet the requirements of 24
CFR part 135, which irnplements Section 3 of the Housing
Development Act of 1968, as amended (12 U.S.C. 1701u).
4) Documentation and data on the steps taken to implement outreach
programs to minority and female -owned businesses, including data
indicating the racial/ethnic or gender character of each business entity
receiving a contract or subcontract of $25,000 or more, paid, or to he
paid, with program funds; the amount of the contract or subcontract,
and documentation of the City's affirmative steps to assure that
minority business and wornen's business enterprises have an equal
opportunity to obtain or compete for contracts and subcontracts as the
source of supplies, equipment, construction, and/or services.
xviii, If applicable, records supporting requests for waivers of the conflict of interest
prohibitions identified in 24 CFR part 92.356.
xix. Records of certifications concerning debarment and suspension required by 24
CFR part 21 and 91 (copy of website search).
xx. Records demonstrating compliance with the labor requirements of 24
CFR part 92.354, including contract provisions and payroll records (required
only for contracts involving 12 or more HOME -assisted units).
xxi. Records demonstrating compliance with the environmental review
requirements of 24 CFR part 92.352 and 24 CFR part 58.
xxii. Records demonstrating the age of house construction.
xxiii. For projects assisted with program funds built before 1978: any required
lead -based paint notices provided to occupants of assisted housing, and
evidence of compliance with lead -based paint regulations at 24 CFR part 35.
xxiv. Evidence that all required Assistance Agreements, Notes, Deeds, Security
Agreement, Notice of Completion, and Subordination Policy certifications have
been properly executed.
xxv. Procurement policy standards if contractors or subcontractors are utilized by
the City.
31. PERIOD OF RECORD RETENTION
Records must be retained by the City until the loan has been reconveyed, except as
follows:
Written agreements must be retained for five years after the agreement
terminates;
ii.• If any Litigation, claim, negotiation, audit, or other action has been started
before the expiration of the regular period, the records must be retained until
completion of the action and resolution of all issues which arise from it, or
until the end of the required period, whichever is later.
32. ACCESS TO RECORDS
The City must provide HUD, City Auditors, the Controller General of the United
States, or any of their representatives, with reasonable access to all and any
pertinent books, documents, papers or other records pertaining to the City's
administration of program funds provided, in order to make audits, examinations,
excerpts, and transcripts.
LIS
SECTION VII:
APPLICANT AND PROJECT
PROCESSING
Step 1: Prior to First Disbursement
_Prior to any fund disbursements, the following checklist identifies some but
not all of the items that need to be included in each Rehabilitation Project:
1. Copy of Deed
2. Any title searches, title reports, or title insurance
3. Closing documents
4. Copy of Homeowner Agreement(executed)
5. Environmental Screening check
6. Appraisal/market Analysis
7. Initial Inspection Reports
8. Work Write-up and Cost Estimates
9. Rehabilitation Contract between Homeowner and Contractor
10. Any addendums to Construction Contract
11. HUD Debar/Suspension Clearance Forms
12. Lead -Based Paint Compliance Documentation
13. pre -construction Conference Report
14. Notice to proceed
15.Contractor payment Request
16. other documents as deem needed by the GHD.
Step 2: Application Procedures
Prospective applicants should call or visit the Grants and Housing Department of the
City of National City (GHD) at located at 1243 National City Boulevard, California:
1. Request a pre -application to complete and submit to the GHD.
2. The GHD processes all applications on a first come first serve basis, giving
priority to certain categories like the disabled and the elderly
3. You will be contacted when your name reaches the top of the waiting list.
You must respond within 21 days.
4. In order to proceed, you must complete an application, as well as submit
personal information that includes, but is not limited to income and asset
verification for each person that currently resides in the home.
5. Once eligibility is determined, a City Inspector will contact you to make
arrangements to visit your home and prepare an initial inspection report
6. Once GHD has completed a Work Write Up, you then select three contractors
from our pre -approved list to obtain bids for the repairs to be performed on
the dwelling unit.
7. The GHD will select the lowest responsible bidding contractor to make repairs
to the unit.
8. Contractor and property owner- signs Construction Agreement.
9. The GHD will prepare all loan documents for signature and will set up a date
for loan closing.
10.Once a lien and contract are signed by the homeowner, the work commences
Step 3: Applicant Eligibility Determination
Applicant eligibility criteria:
i. The applicant and the property have not been assisted previously with
HOME funds or other National City funds.
ii. If for owner occupied loans that the proposed property is the principal
residence of the applicant;
a. Obtaining a written certification from the applicant/eligible
senior that the property proposed for rehabilitation is occupied
by the applicant as his/her primary home.
b. Reconciling homeowner's certification against residency address
and ownership data indicated by the applicant' application
iii. The applicant and or his tenants are income -eligible based on the
qualification requirement of each available housing program.
Ui
Step 4: Property Eligibility Determination
The APPLICANT must affirm the following property eligibility criteria:
i. The property is a single-family residential home, condominium
dwelling, Mufti -family unit dwelling.
If the property is a condominium or cooperative unit, a determination
that HOME funds are not intended to be used to make improvements
to common spaces or systems.
ii. The properly does not have a Notice of Sale or Default filed against it.
iii. The property proposed for rehabilitation meets the definition of
"Homeownership" or rental dwelling units as outlined in this manual.
The following documentation must be collected:
a. For a property under fee simple ownership or lease -hold owner
the applicant should provide initial evidence of a warranty or
quitclaim deed, or if applicable, copy of a long -terra lease, or
other appropriate form of title evidence. These documentation
will be verified by using Recorder's Office records. If ownership
can not be verified against information provided by Recorder's
Office, then a title search report must be obtained from a title
insurance company verifying that the applicant is in title to the
property.
iv. After rehabilitation, the property value will not exceed the Single
Family Mortgage Limits under Section 203(b) of the National Housing
Act for the type of single-family housing for the area, as determined
by HUD.
Note: This determination may need to be made in conjunction with an
assessment of the rehabilitation needs and value contribution of the
proposed rehabilitation activities.
a. The property's after -rehab value must be determined by one of
the following methods:
• Adding the property's present assessed value, as
established by athe GHD to the cost estimate for the
rehabilitation work to be completed.
• An appraisal performed by a licensed State of
California appraiser.
• A licensed Real Estate Broker's written opinion of value.
b. In the event that the after rehab value has been only
established using the local governments assessed value and it
comes within $40,000 of the of the FHA Family Mortgage Limits
under Section 203(b) of the National Housing Act the GHD will
obtain further evidence of value using either an appraisal
performed by a licensed State of California appraiser or a
licensed Real Estate Broker's written opinion of value.
v. Properties with Large Acreage:
The value of all acreage on which the home is situated (contained
within the same legal description) must be included. Requests for
waivers must be presented, in writing, to GHD program staff for
approval.
Step 5: Preliminary Eligibility Determination and Notification
After completing Steps 1 - 3 above, the GHD will make a preliminary
determination of the applicant's eligibility assistance. The GHD will notify the
applicant of the status (preliminary eligibility or ineligibility), and if ineligible,
will state the reasons for this determination.
All property owners will be provided with applicable agreement(s) for review.
Certain agreements will need to be submitted in Step 7 and must be signed
before project set-up.
Appeals Procedures
The GHD has an establish procedure for accepting and reviewing appeals from
the applicant regarding ineligibility determinations, including, but not limited
to, review of the application by the GHD's Executive Director. "The appeals
procedure allows, if requested by the applicant, the ability of the applicant to
appeal to HUD program staff, if the GHD's initial appeal review is upheld.
5D
Step 6: Field assessment
Upon completion of Steps 1 -5 , and preliminary determination of an
applicant's and their property's eligibility, the GHD shall:
i. The GHD will conduct an assessment of the property and complete the
environmental review. The GHD will conduct an assessment will
answer the following questions:
a. Is the property located in an area subject to local rehabilitation
codes or ordinances? If so, what rehabilitation work needs to
be completed to satisfy these codes or ordinances?
b. Is the property located in an area subject to local rehabilitation
codes or ordinances, what rehabilitation work needs to be
completed to ensure that all work done satisfies current State
or local codes?
c. Will it meet the after National City rehabilitation inspection
standards?
d. What are the results of the blower door test conducted at the
time of the assessment?
e. What are the results of the combustion efficiency and carbon
monoxide testing of all combustion appliances?
f. What healing system equipment, if any, should be replaced?
g. Is the property structurally sound and not in danger of
becoming deteriorated or unsafe within five years after
rehabilitation?
h. What incipient repairs are recommended?
i. What is the estimated cost of the rehabilitation/accessibility
modifications work?
j. What needs to be accomplished to ensure compliance with the
Environmental Regulations and Lead -Based Paint Poisoning
Prevention Act requirements found in Section II of this Manual.
ii. Based on the assessment a scope of work will be developed that
details the rehabilitation and/or accessibility modifications needed,
including all work necessary to meet required property standards.
The GHD shall take a sufficient number of photographs of the property
to adequately represent the condition of the property and its
rehabilitation needs.
iii. Using the field assessment, the GHD will establish a preliminary cost
estimate for the rehabilitation work needed to meet all required
property standards.
iv. Using the preliminary cost estimate developed in (iii) above, re-
determine the eligibility of the proposed project, according to the
following funding and property criteria:
a. Maximum HOME Program assistance which may be contributed,
as identified in Section II, Funding Limitations, of this Policy
and Procedure Manual.
b. Property value limitations as establish by HUD.
51
Step 7: Bid Process
After completing Steps 1 - 6 above, the GHD will complete procurement
(bid) processes for the scope of work to be completed. The procurement
process will allow the property owner to select three contractors from a
list of approved contractors which shall be maintained by the GHD. Using
the Work Write-up, the GHD will solicit three bids. After receiving all
three bids, the GHD staff will meet with property owner to assist in
reaching a decision in the selection of the best qualified bid. The wining
bid will form the basis for the grant and/or loan for which the property
owner may be eligible for.
52
Step 8: Setting Up the Project
Prior to setting up the project, the GHD shall facilitate the applicant's
execution of the Assistance Agreement and the National City
Subordination Policy and Certification.
ii Upon review of the above information, the Grants Manager will
approve or deny the application, or if applicable, request additional
information determined to be necessary to evaluate the proposed
project. In cases where certain waivers are requested, the HOME
Program Manager may also review application for approval or denial.
This decision shall be in writing, and shall include:
a. If denied, the reason for denial.
b. If approved, the HUD IDIS activity number.
Upon project approval, the GHD shall notify the applicant (property
owner), and the contractor, if applicable, of the application approval
and schedule and conduct a pre -construction conference. The GHD
shall also update its database with the new I -IUD IDIS activity number.
53
Step 9: Pre -construction Conference
i. {he GHD shall conduct a pre -construction conference, attended by the
GHD, the contractor, if applicable, and the homeowner. Conference
topics shall include:
a. Confirmation of the scope of work (rehabilitation activities) to
be performed.
b. Establishment of a schedule for the commencement and
completion of work.
c. A discussion of the roles and responsibilities of the parties
involved.
d. A thorough review of the agreements required to be executed
by each party.
5L)
Step 10: Execution of Agreements and Notices
Subsequent to, or as part of the pre -construction conference, the GHD shall
facilitate the execution of, and retain as part of the project file, the following
documents:
Assistance Agreement.
ii. Subordination Policy and Certification.
iii. Promissory Note
iv. Deed of Trust
The Deed of Trust must be forwarded to the San Diego County
Recorder's Office for recording.
v. Other documents as deemed necessary by the GHD.
55
Step 11: Notice to Proceed
Upon receipt of all notices, loan documents, and agreements identified above,
and confirmation that the Deed of Trust has been recorded, the GHD may
proceed with rehabilitation activities and/or issue a Notice -to -Proceed to the
contractor.
5tQ
Step 12: Project monitoring
The GHD shall routinely monitor the progress of each project, and is
responsible for ensuring that the contractor adheres to all applicable rules,
regulations and procedures outlined in the programs policy and procedure.
5 r
Step 13: Use of contingency funds
In the event that unforeseen circumstances arise during the rehabilitation of
the property which necessitate the investment of additional funds, the GHD
may authorize additional work and expenditures by the contractor or GHD's
work crew, so long as those expenditures do not exceed the amount of the
approved contingency funds.
5g
Step 14: Project Revisions
If necessary, Assistance Agreement includesa place to make dollar amount
revisions. Any change orders associated with a project must be documented
in the project file in writing, including the dollar amount of change and the
reason for the change.
A project revision (commitment funding increase) will be prepared in the
event that the project's scope of work needs to be amended, based on
unforeseen and exceptional circumstances which cannot be completed within
the contingency budget. A Project Change Order Form will be completed and
approved by the GHD which will then have the homeowner execute a
Modification to the Note, using appropriate form.
�vl
Step 15: Project Completion
Building Inspections. When notified by the contractor that the work
has been completed, the GHD shall:
a. Contract an inspector or use their own qualified staff to inspect
the dwelling unit to confirm that all required properly standards
have been satisfied and that the original scope, or amended
scope, if applicable, has been satisfactorily completed.
b. In order to ensure compliance with Housing and Quality
Standards the GHD may use either the form provided by the
Department of Housing or Urban Development or the
abbreviated HOME Program Site Inspection forms. See
Appendix G for these forms.
c. Order any applicable required building department inspections.
ii. Notice of Completion, and Claimant Liens. Subsequent to a
determination that the scope of work and all required property
standards have been satisfied, the GHD shall:
a. Verified that that there are no outstanding liens on the
property.
b. Execute a Homeowner's Notice of Completion.
iii. Other Project Completion Tasks
a. Complete Project Close-out form.
b. lake a sufficient number of photographs of the property to
adequately represent the completed condition.
c. In the event that all comrnitted funds, including contingency
funds, are not utilized, the GHD must modify the Note, utilizing
the Modification to Note form.
iv. Weather -Related Delays to Project Completion
The GHD shall take reasonable steps to ensure that all project work
can be completed on a timely basis.
COO
SECTION VIII:
PROGRAM/PROJECT FILES AND
MONITORING
SECTION VIII: PROGRAM/PROJECT FILES AND MONITORING
48. ADMINISTRATIVE RECORDS INSTRUCTIONS
The City shall maintain sufficient records to enable HUD and/or City Auditors to
determine whether the City has met the requirements of the HUD Grantee
Agreement and the program guidelines. fhe City shall retain records in accordance
with the listings below. A separate file shall be maintained for each listing. The City
shall also submit any and all documentation requested by HUD.
49. PROGRAM FILES
CityLHUD Agreement File
1) Grantee Agrc'ernent
2) Grantee Amendments
3) insurance Documents
4) Correspondence
5) Quarterly and Final Reports
6) Affirmative Marketing Plans and supporting documentation
7) Audits Performed by the City
8) Waivers for Conflict of Interest Prohibition, Copy of all MBE/WBE, &
Section 3 Reports
9) Procurement Standards
10)Appeals Procedures
11)Targeting Policy
City Financial File
1)
2)
3)
4)
5)
6)
7)
8)
Cost Allocation (approved)
Administrative Costs Summary and Supporting Data
Copies of Administrative Payment Request Forms
Summary of Program Costs and Supporting Data
Records of Program Income, Repayments and Recaptured Funds
Records Demonstrating Adequate Budget Control, in Accordance
with 24 CFR 85.20,
Including Fvidence of Periodic Account Reconciliation
Records Demonstrating Compliance with Applicable Uniform
Administrative Requirements
50. PROJECT FILES
Section I.
1) *Checklist
2) $Application
3) *income Verification Documentation
4) *Income Calculation Records
5) *Print out of Recorder's Office Search
6) Title Search
7) *Copy of Ownership Documents
8) *Copy Project Completion Form
9) *Property Assessment Documentation
I0)'Copy of Set up Form
1.1) Copy of Waiver Letter
12)*Copy of Assistance Agreement
13) *Copy of Note
14)*Copy of feed of Trust/Security Agreement
15)*Copy of Modification Agreement
16) Verification of a Disability
17) Request for Accommodation
18) *Copy of the Subordination Policy
19) *Copy of Notice of Completion
20)*Payment Reque.,t Records
71) Waivers/Correspondence Provided by the City
22) Change Order Form
(IZ
SECTION VIII: PROGRAM/PROJECT FILES AND MONITORING
Section II.
23) *Checklist
24)*Scope of Work
25)*Purchasing Documentation Checklist
26) Print out of Debarred Contractor Webpage
27)*Cost Estimate
28) Bids and Proposals Documentation
29) Reponses to Bids and Proposals
30) Rehabilitation Construction Contract.
31) Davis Bacon Documentation
32) Applicable Contractor Licenses
33) Grantee's Lien Waiver
34) Construction Payment Summary
35) Building Permits
36)'HQS Inspection Documents
37) *State and t ocal Code Inspection Documents
38) Documentation of Horne -Based Business Footage
Section III.
39) "Checklist
40)*Historic Property Determination
41)*Copy of Lnvironmental Statutory Review Worksheet
42) Other Supportirig Environmental Review Documentation
43) Acknowledgement of Received "Protect Your Family from Lead -
Based Paint"
44) Copy of Notice of Lead -based Paint
45) Copy of Notice of Lead -based Paint Present
4G) Copy of Notice of Lead -based Paint Reduction
47) Other Lead based Paint Assessment, Control, Clearance Documents
48)*Pre•rchabrtitation Pictures
49)'Post-rehabilitation Pictures
50)*Property Location Map
*Required for all files
51. DOCUMENTATION SUBMITTED TO HUD
i. Forms Submitted to t1UD for Project Set-up - Additional HUD reporting
requirements are currently under review.
52. PROGRAM MONITORING
Per federal regulation, the City is required to monitor program performance. In
accordance with this requirement, City will:
Perform periodic inspections of approved projects. Project inspection will
focus on the scope of work performed, and test whether required property
standards have been satisfied. Approximately 5% of all approved projects
may be inspected. However, City may inspect a greater percentage of the
units in the event th>rt inspections reveal consistent errors in meeting
required property standards.
ii. Conduct program compliance reviews to evaluate performance of activities
provided in these program guidelines, the Cost Allocation Plan, and these
polices and program procedures.
t93
City of National City- Grants and Housing Department
1243 National City Boulevard
National City, CA 91950-4301
Phone (619) 336-4266
Fax (619) 336-4349
CA Relay Service 711
-quaff Housing
Opportunity
City of National City, California
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
21
MEETING DATE liily 17 2007 AGENDA ITEM NO.
/1EM TITLE
Public Hearing of the Community Development Commission of the City of National City regarding levy of
self assessments for the Downtown National City Property Business Improvement District (Morgan Square
Community Benefit District) to fund ongoing maintenance and operations (Public Rights of Way and
Sidewalk Operations, District Identity and Streetscape Improvements, Administration and Corporate
Operations, and the District's Reserve Fund).
PREPARED BY DEPARTMENT
Jacqueline Reynoso (ext. 4293) Economic Development Division
Community Development Coordinator
EXPLANATION
Maintenance and operation costs for fiscal year 2007-2008 of the Downtown National City Property Business
Improvement District ("District") are estimated at $240,688.64. The fees to the property owners for fiscal
year 2007-2008 range from $240 to $22,785.90.
Based on the District Plan, approved by the City on April 30, 2004, the Board of Directors of the
Management Corporation ("The Board") have an option to increase the assessments annually based upon the
San Diego County regional CPI indicator or to a maximum of 5% for subsequent years.
.'he Board has reported that there is no change in the assessment amount from fiscal year 2006-2007. The
Board does not anticipate an increase in the annual assessment until the District's current capital
improvement projects are complete. These include the street medians, the fountain plaza, and the design
,...)elines for the District.
/
Environmental Review N/A
Financial Statement Maintenance costs for the 2007-2008 fiscal year for the District are estimated at
$240,688.64.
STAFF RECOMMENDATION City Council approve Public Bearing of the Community Development
Commission of the City of National City regarding levy of assessments for costs of the Downtown National
City Property Business Improvement District (PBJD)
rATTACHMENTS
1. Public Hearing Notice
Engineer's Report
(2.
3. Assessment
Resolution No.
A-200 (9/80)
NOTICE OF A PUBLIC HEARING OF
TIIE CITY OF NATIONAL CITY
DECLARTNG ITS IN'I'F,NTION TO PROVIDE
FOR AN ANNUAL LEVY AND COLLECTION
OF ASSESSMENTS IN TIIE DOWNTOWN NATIONAL CITY PROPERTY
BUSINESS IMPROVEMENT DISTRICT
AND SETTING A TIME AND PLACE
FOR A
PUBLIC HEARING
ANNUAL LEVY OF ASSESSMENTS
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"). The special maintenance district is known and designated as
The Downtown National City Property Business improvement District ("Maintenance
District").
It is the intention of the City Council 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 and/ or servicing of improvements within the Maintenance District.
ENGINEER'S REPORT
An Assessment Engineer's Report contained in the Downtown National City Property
Business Improvement District Management District Plan ("Report) has been prepared
and approved by this City as required by the 1972 Act and Article XI LID of the
Constitution (Article XIIID). The Report is available for public inspection in the office
of the City Clerk. Reference is made to said Report for a full and detailed description of
the improvements to be maintained and/or serviced, 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
Notice is hereby given that the City Council of the City of National City shall hold a
Public Hearing on 'Tuesday, July 17, 2007 at 6:00 p.m. in the City Council Chambers,
located in the Civic Center, 1243 National City Boulevard, National City, CA,
regarding: LEVY OF ASSESSMENTS FOR COSTS OF THE DOWNTOWN
NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT. The
City Council shall consider all oral statements and all written protests or communications
made or filed by any interested persons regarding the annual levy and collection of
assessments for the Downtown National City Property Business Improvement District
Michael R. I)alla, City Clerk
RE C:EI\'ED
C%_:1
Comgrunity
1?eveiop,,"K37:; Ci•rir - i ;, ,
DOWNTOWN NATIONAL CITY
PROPERTY BUSINESS IMPROVEMENT DISTRICT
MANAGEMENT DMSTRICr PLAN
Formed Under California Streets and Highway Code Section 36600
Property Business Improvement District Act of 1994
FINAL PLAN
SUBMITTED TO:
THE DOWNTOWN NATIONAL CITY
P.13.I.D. STEERING COMMITTEE
THE CITY OF NATIONAL CITY
COMMUNITY DEVELOPMENT COMMISSION
EXECUTIVE DIRECTOR BEN MARTINEZ
MA oR NICK INZUNZA
AND CITY COUNCIL MEMBERS Luis NATIVIDAD, RON
MORIuSON, FRANCISCO PARRA AND FIDELAS UNGAB
PRESENTED BY:
MARCO LI MANDRI, NEW CITY AMERICA INC.
APPROVED Arm, 30, 2004
L JPDATE.D MAY 24, 2004
1 Attachment 2
DOWNTOWN NATIONAL CTI'Y PROPERTY BUSINESS IMPROVEMENT DISTRJCT
MANAGEMENT 1)ISTR.ICT PLAN
FINAL PLAN - MAY 24, 2004
TABLE OF' CONTENTS
I. INTRODUCTION, EYECU'I'1VE SUMMARY
II. ADDRESS SERIES, GENERAL STREET BOUNDARIES
III. WORK PLAN AND BUDGET
IV. ASSESSMENT METIIODOLOGY TO FUND THE SPECIAL BENEFITS
V. RELEVANT ENABLING LEGISLATION, AB 1021
VI. ENGINEER'S REPORT AND RELATIONSHIP BETWEEN ASSESSMENTS PAID
AND SPECIAL SERVICES RECEIVED
VII.. DISTRICT GOVERNANCE
APPENDIX
A. MAP OF I TIE DISTRICT
B. FIVE YEAR PROJECTION OF ASSESSMENTS
C:. LIST OF PARCELS INCLUDED IN DISTRICT
D. CERTIFIED ENGINEER'S RETORT
2
PART I
EXECUTIVE SUMMARY
DOWNTOWN NATIONAL CITY MANAGEMENT DISTRICT PLAN
Statement of Purpose
Over the past two years, the.people of San Diego County have begun to see National City in
a whole new light. Long identified with the extremely successful National City Mile of
Cars, the City now has the distinct identity of a municipal corporation aggressively moving
forward on a number of fronts. Whether it be the visionary Marina project, the
development of Filipino Village, the beautification of Highland Avenue or the creation of
the Education Village in Downtown National City, more things are happening in this City
than almost anywhere else in the County. Under the leadership of the Mayor and City
Council, as well as the staff of the Community Development Commission, National City is
in a race to re -position itself as a great City with bustling commerce, historic significance; a
great urban forestry plan, strengthening of ethnic neighborhoods and experimenting with
what snakes 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. 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 steamcleaning, 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 PB1D or special benefits district would be funded
du ough an assessment levied on each and every parcel in the finalized and approved
boundaries in iowntown. 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 assessient district.
3
t
in early April, a survey was mailed. to every property owner within the initial study area.
The area included all parcels on National City Blvd. between 2" Street on the north, I L'"
Street on the south, and along 8th Street from the Trolley Stop on the. west to E Avenue on
the east.
There are 153 parcels in the proposed district, represented by 96 property owners. The
district is approximately 34 square blocks. The database compiled. by New City America,
inc. reveals the following data that would create the material basis for the apportionment
of assessments throughout the district:
• 1,465,301 square feet in total lot size;
• 448,344 square feet in total building size;
• 21,744 linear feet in total frontage
The survey results were quite stunning. The results of the survey were as follows:
NUMBER OF RESPONSES:
Respondents. represented the following property variables:
Lot size:
Building size
Linear Frontage
522,523 square feet or 35% of the total
240,713 square feet or 54% of the total
8,248 linear feet or 37% of the total
Of those who responded to the survey, the following respondents, (by weight) demonstrated
their support for creation of the PBID:
Responses from Property Owners Who Returned PBID Survey
Response
,
Lot Size
Building Size.
Linear Fronta ,e
Support Formation
76%
88%
77%
O r, ose Formation
24%
12%
23%
Of those who responded, the following represent support of specific special benefits funded
by the PBID:
➢ 61 % had owned their property for 9 years or less;
> 73% were sole proprietorship or family owned properties .
➢ 52% believed that National City had been portrayed negatively by the major media
in the last few years;
➢ 84% believed that Downtown was unsafe or "safe, however suffers an image as an
unsafe district;"
➢ 54% would support property owners funded special. benefit security services;
➢ 54% feel their customers would not feel safe walking from the corner of 811' and
National City Blvd. and the Trolley. Stop;
➢ 64% would support initiation of property owner funded regular sidewalk/gutter
sweeping and steam cleaning services;
4
70% support property owner funded special events to improve the identity of
Downtown;
Based upon this level of support, the Downtown National City PBID Steering Committee is
presenting the following to all Downtown Property Owners for their consideration:
PROPERTY VARIABLES TO BE ASSESSED:
'.Three property variables will be used to fund the special benefit services of the district.
Those variables will include: lot or parcel size, building square footage, and linear
frontage. Each of these variables can be verified by County records. By law, the district
can only fund special benefits, not general benefit services. Building square footage will be
further categorized by "use", (retail, hotel, church, public building, office, etc). Use
determines needs and therefore special benefit to be received.
SERVICES TO BE FUNDED:
The primary special benefits to be funded by the creation .of the district will be related to
maintaining order and cleanliness in the public rights of way. In addition, beautification of
the Downtown will be paramount as well as creating concrete visual linkages between the
Trolley stop west of the freeway and the heart of the business district •at leh and National
City Boulevard. After order and beautification, district identity and promotional
programs will be funded. Finally, a component for administration/corporate affairs and
contingency/reserve will be included in the budget. Consistent with state legislation, the
district shall remain in place for five years with provisions for annual CPI adjustments as
well as annual disestablishments procedures.
BENEFIT ZONES:
There will be two benefit zones in the proposed district. Benefit Zones are determined by
the level and frequency of services to one sector of the district, vs. another. For example,
the core area parcels along National City Boulevard between 2"d and l2t", as well as 8th
Street from the freeway bridge to A Avenue, Will constitute Benefit Zone 1. All other
parcels in the district will fall into Benefit Zone 2.
ANNUAL BUDGET:
The annual first year budget is anticipated to be S240,722.01'. Benefit Zone l 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).
APPORTIONMENT OFBUILDING USES:
Buildup, (Ise Code Description of (Ise
A Retail space, hotels, motels, visitor related
I3 Office and Commercial uses, Independent, free standing parking structures
C Industrial/Manufacturing/Distribution.
Institutional (School, public, park Church, Tax-exempt properties
Multi -unit housin a artments.(20 units or more)
Multi -unit housing, apartments (9 - 19 units)
Multi -unit Housing, apartments (2 - 8 units)
Single Family housing units (not to exceed $240 per year)
Condo units - $ 240.00 flat fee per year
Approximately $146,095.30 (61%) of the assessments will be generated from parcels within
Benefit Zone 1. The balance, $94,626.71 (39%) will be generated from Benefit Zone 2
parcels.
COST':
Downtordn National City PBID First Year Costs by Properly Variable
PROPERTY VARIABLE
Lot Square Footage
Building Square
Footage (range)
Linear Frontage
Single Family Home
and Condo Annual
Fee
Total Annual Budget
ANNUAL ADJUSTMENTS:
ANNUAL COST ANNUAL COST
BENEFIT 7,o w 1 BENEFIT ZONE, 2
$ 0.0841 per
square foot per
year;.
$ 0.1485-$0.1886
per square foot
per year
$1.8264 per lineAr
footp r year
$ 240.00
$0.0757 per square
foot per year
TOTAL GENERATED
BY VARIABLE
S118,053.09 (49%)
$0.1485-$0.1697 per
square foot per year
$80,075.68 (33%)
$1.8264 per linear
foot per year
$240.00
$39,713.24 (17%)
$2,880.00 (1%)
$240,722.01
The Board of Directors of the Management Corporation will be given the option to increase
the assessments annually based upon the San Diego County regional CPI indicator or by an
amount not to exceed 5% fro►n the previous year's assessments.
The Management Corporation shall have the right to shift allocations within the four
categories as they feel appropriate and as long as it remains consistent with the intent of the
plan. The. Board shall also have the right to shift up to 10% per year from category to
category, each year, as needs change with the priorities of special benefits.
6
PART II
ADDRESS SERIFS, GENERAL STREET BOUNDARIES
LOCATION: 1u 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
Street Name
A Avenue
41-43
14-35
10
22-404
B Avenue
C Avenue
D Avenue
419
E. 12th St.
3"' st.
E. 5'h St.
E. 8°t' St.
E. 9'h St.
810-925
205 -- 1146
225 — 1133
25-38
21
Hoover Avenue
National City Blvd.
Roosevelt Avenue
W. llt6 St.
30
21 — 27
21
W. 12'' St.
W:2'" Avenue
110-200
111- 225
32 — 121
W. 3`d-Avenue
W. 7°' St.
W. 8"' st.
W. 9'h St.
W. Plaza Blvd.
PART 11..(
WORK PLAN AND BUDGET
SERVICES:
Special benefit services to be financed by the Downtown National City Boulevard Property
Business Improvement District will primarily include funding the following types of
services. Based upon the survey results of the property owners, and estimated costs and
services, the preliminary special benefits funded by the Downtown National City Property
Business Tmprovement District are as follows:
Proposed Downtown National CityPBID:
1. Public Rights of Way and Sidewalk Operations (PROWSO)
• Sidewalk sweeping;
• Beautification;
• Decorations and banners;
• Enhanced trash receptacle placement and.regular emptying;
• Removal of bulky items;
• 'free and shrub planting and maintenance
• Work with City on hazardous issues;
• Maintenance of public order in the sidewalks;
• Homeless intervention;
• Equipment, supplies, tools;
▪ Misc.
2. District Identity and Streetscape Improvement (DISI)
(Predominantly in Benefit Zone 1)
• Special events (1 per year);
• Web site;
• Pedestrian kioskslsignage
• Underwriting advertising coop for hotel and retail
3. Administration and Corporate Operations:
• Staffing;
• Insurance;
• Office related expenses;
• Misc.
4. Contingency/Reserve:
• Delinquencies;
• City costs;
• county costs;
• Hardship;
• Reserves;
Consistent with state law, any property assessment district must confer a special henefit to
real properly 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 throu.gh "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:
Bensfit Zones:
The Downtown National City PBII) 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 81h 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"d to 12 Street
8th Street from the freeway bridge to A Avenue
All other streets in the district not included in Benefit Zone 1
TABLE 1 -- FREQUENCY OF SPECIAL BENEFIT SERVICES BY BENEFIT ZONES
Special Benefit Service
Public rights of rvay and
sidewalk operations
LPROWSO)
District Identity and
Streetscape Improvements
(DISI)
• Special Events
• Holiday Decorations
Benefit Zone 1 Benefit Zone 2
Frequency Fre'uenc
6 days per week 4 days per week
Through
programs
Through programs
Once per year None
Seasonally None
Administration/Corporate
Operations
Monday — Friday Monday — Friday
9
PART TV
ASSESSMENT METHODOLOGY TO FUND SPECIAI, BENEFITS
BUDGET: The first year annual budget is projected to be. $240,722.01. Annual
adjustments of up to a maximum of 5% over the previous year's gross assessment amount
are allowable, subject to the approval of the Downtown National City Property Business
Improvement District Management Corporation.
TABLE; 2 - SPECIAL BENEFIT SERVICES BROKEN DOWN BY ESTIMATED COSTS
PER BENEFIT ZONE
PROWSO Personnel Estimated Costs
Service
PROWSO:
• Sidewalk Sweeping;
• Beautification
Decorations and banners
Enhanced trash receptacle
emptying
• Removal of bulky items
• Reporting hazards to City;
• . Removal of bulky items;
• Tree and shrub planting and
maintenance
• Maintenance of public order.
• Homeless intervention
ESTIMATED PERSONNEL, NEEDS*
Estimated maintenance personnel costs
Total Estimated Personnel Cost
Benefit Zone 1
6 days per week
As needed
As needed
As needed
As needed
Daily
As needed
Weekly
As needed
As needed •
''/, cost of Supervisor;
($ 23,040)
1 maintenance worker,
full time, 40 hours per
week (S27,850)
1 maintenance worker,
six days per week, 48
hours ($30,720)
S81,610
10
Benefit Zone 2
•4 days per week
As needed
As needed
As needed
As needed
Daily
As needed
Weekly
As needed
As needed
'/, cost of Supervisor;
($23,040)
1 maintenance worker,
full time, 40 hours per
week (S27,850)
$ 50890
$ 132,500
*THE PURPOSE OF TIIIS CALCULATION IS TO PROVIDE A MATERIAL BASIS
FOR THE P.R.O.W.S.O. PERSONNEL COSTS. THE; ADMINISTERINC
CORPORATION CAN CONTRACT OUT TI1ESE SERVICES TO A FOR -PROFIT OR
NON-PROFIT CORPORATION, OR PROVIDE TIIE SERVICES IN IIOUSE. THESE
COSTS ARE ONLY USED AS A REFERENCE, TIIE LINE ITEM IN TIIE BUDGET
FOR THE P.R.O.W.S.O. PERSONNEL IS ESTIMATED TO BE $132,500.00
ANNIJALLY.
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 lime. Most importantly, these are
contracted employees and therefore release the management corporation of payroll and
personnel related liabilities. Total overhead factor of employees, fully loaded, is about 1.6
in an overhead factor from the base wage rate. Supervisor rate was calculated at $ 12.00
per hour, and maintenance workers at $8.00 - 9.00 per hour, starting pay.
We reiterate that this is simply a tool .for calculating costs of maintenance personnel. The
free market, and competitive bidding may produce higher and better results. It is the job
of the management corporation to maximize the delivery of special benefit services to Ole
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, bearitification, decorations, security, etc.
TABLE 3 SPECIAL BENEFIT SERVICES/P.R.O.W.S:O. NON -PERSONNEL. ANNUAL COSTS
INCLUDING EQUIPMENT AND MATERIALS
PROWSO Equipment and Materials
Truck lease, insurance
Uniforms
Estimated Annual Cost
$ 6,000
C :ornmunications
Supplies
Water
Dumpster costs
Nurser K Items
Small Equipment
Miscellaneous
$ 1,000
$ 4,000
$ 8,000
$ 1,000
$ 6,000
$ t§,000
$ 3,000
$.3,500
Total Estimated Annual Equipment Costs
S 40,500
Again, these services may he provided by an outside contractor, however accommodations
must be made for these costs whether done in-house of to an outside contractor. In
addition, this budget does not assume any grants from public agencies or foundations that
could underwrite the costs of equipment. Nor does it assume that the City would pay for
landscaping water related costs or dumpster removal fees, both of which could be
negotiated with the CDC.
11
TABLE 4 — DISTRICT IDENTITY AND STIu:ETSCAI'E IMPROVEMENTS
SUGGESTED 1 UDCET ITEMS
Program to be funded/Both Benefit Zones
Special events (1 per year);
Logo Creation (First Year only)
Web site creation and maintenance
Pedestrian kiosks/sigage annually
Total Estimated First )'ear Annual Costs
Estimated First Year Annual Cost
$ 5,000
$ 1,000
$ 4,000
$ 4,000
$ 14,000
TABLE 5 — ADMINISTRATION AND CORPORATE OPERATIONS
SUGGESTED ALLOCATIONS
Program to be Funded
Staff (Community Advocacy, retail attraction,
Corporate minutes, administration to Board)
Insurance
Office rent
Phone/Fax.
Estimated First Year Annual Cost
$ 26,000
$ 3,000
$ 6,000
E-mail Service
Office supplies
Office Equipment
Utilities
$ 1,000
$ 800
Total Estimated Annual Costs
$1,000
$ 2,000
$ 1,200
S 41,000
TABLE 6 -- SPECIAL BENEFIT SERVICES/CONTINGENCY —
RESERVE ANTICIPATED NEED
Program to be Funded
County Costs (1.7% of total assessments)
City costs ($500.00 per year)
No -pays, (uncollected assessments) (71
Misc/Reserve (Balance of expenses)
Total Estimated Annual Costs
Estimated First Year Cost
12
$ 12, 772.01
ABLE 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
District Identity and
Streetscape Improvements
Administrative/Corporate
Operations
Contingency/Reserve
First Year Allocation
$ 173,000.00
% of Total Budget
72%
$.14,000.00
6%
$ 41,000.00
$ 12,722.01
17 "/,
5%
Total Estimated First Year
Costs of Programs
$ 240,722.01
100%
METIIOD 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 llighway 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-1.978. 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' rim') are based upon these variables, which
have been endorsed by the property owners as the most fair and equitable for
apportionment of assessments to participating parcels. .Linear frontage will be assessed on
all sides of the parcel receiving benefit.
PBID assessments would be collected annually by the San Diego County tax assessor and
would appear as a line item on the annual property tax bills. The assessments are collected
by the County and transferred to the City of National City. They are then transferred
directly to the Downtown National City PBID Management Corporation. The funds are
then allocated consistent with the previously agreed upon programs in the Management
District Plan.
TABLE 8 - TOTAL GROSS DOWNTOWN NATIONAL CITY PBJD PROPERTY VARIABLES
Property Variables
Lot Size
Total in District
1,465,303 square feet
Building Size
Linear Feet
448,344 square feet
21,744 linear feet
There are 153 parcels and 96 Legal owners currently in the database of the above
mentioned property variables. There are about 34 square blocks in the district.
13
Apportionment of Costs to Property Variables used in the Assessment Methodoloj
As is common practice, various property variables fund different special benefit services in
the district. We have employed an assessment methodology that webelieves supports the
relationship between assessments paid and benefits received. The following programs and
services must confer a special benefit to real property owners to be consistent with Article
XIIJ (d) of the state constitution.
ANNUAL BUDGET:
The annual first year budget is anticipated to be $210,722.01. Benefit Zone l 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 stricture will be credited to overall building size).
• Building [Jse Code.
A
C
D
C:
I1
1
TABLE 9 - DEFINITION of BUiLD1NG/LAND USES:
Description of Use
Retail space, hotels,motels, visitor related
Office and Commercial uses, Independent, free standing parking structures
lndustriaVManufacturing/Distribution
Institutional (School, public, park Church, Tax-exempt properties
Multi -unit housing, apartments (20 units or more).
Multi -unit housing, apartments (9 — 19 units)
Multi -unit housing, apartments (2 — 8 units)
Single Family housing units (not to exceed $240 per year)
Condo units, $ 240.00 flat Peeper year
The proposed apportiorunent of special benefits to the various property variables are as
follows:
14
()
TABLE 10 - APPORTIONMENT PROPERTY VARIABLES
Program to be Funded
PROWSO:
• Maintenance Personnel
• Maintenance Personnel
• Non -personnel, -equipment
DISTRICT IDENTITY AND
S'LREE'rSCAPE IMPROVEMENTS:
• Special events (1 per year)
• Logo creation
• Web site creation/maintenance
• Pedestrian kiosks/signage
Benefit Zone
1
($ 81,610)
Apportioned to }Variable
%: to all building square footage,
A to all lot size in Benefit Zone 1
2 % to all building square footage,
(S50,890) 4 to all lot size in Benefit Zone 2
1, 2
($ 40,500)
MI linear frontage, apportioned
equally in both Benefit Zones
1
( $5,000)
1, 2
($I,000)
1, 2
($4,000)
1, 2
($ 4,000)
Building square footage "a" only
Building square footage a c
Building square footage a — c
Building square footage a — d
ADMINISTRATION AND CORPORATE
OPERATIONS
CON'I'I NCENCY/RES ERYE
1, 2 Apportioned equally to all lot size
($ 41,000) in both zones
1, 2 Apportioned equally to all lot size
($ 12,722.01) in both zones
The assessment methodology annual costs are slimmed up in the following table:
I
TABLE. 1 1 — ANNUAL COSTS PER SPECIAL BENEFIT SERVICE AND BENEFIT LONE
Benefit
Zone
1
Benefit
Zone
Lot Square foot
annual costs
$0.0841
2
Lot Square foot
annual costs
$0.0757
Both
Building square foot
nnnttat costs
a. $0.1886
b. $0.1696
c. $0.1696
d. $0.1577
e. $0.1485
f. $0.1485
g.. $0.1485
Linearfrontage
annual costs
Building square foot
annual costs
a. $0.1697
b. $0.1697
c. $0.1697
d. $0.1578
e $0.1485
f. $0.1485
g. $0.1485
Condos and Single
family homes
$1.8264
—
Contribution
to total budget
$146,095.30
Linear frontage
annual costs
$1.8264
Contribution
to total budget
$94,626.71
$ 240.00 per
year per unit
Approximately $146,095.30 (61%) of (he assessments will be generated from parcels within
Benefit Zone 1. The balance, $94,626.71 (39%) will be generated from Benefit Zone 2
parcels.
CONDO FACTOR:
It is unknown at this point how much future condos will contribute to the district. Since
the condos are being built in mixed use or commercially zoned areas, they are not exempt
from payment into the assessment district. The condo owners will derive and appreciate
the special benefit services they will receive from the cleaning and beautification services in
the district. Provisions will be made to avoid a property variable and unit assessment for
condos. Once a parcel or parcel(s) have been converted to condos, the per unit fee Will kick
in, however that parcel will have its linear frontage, building square footage and lot size
deleted as a variable to be assessed. For example, if a.5,000 square foot lot is converted
from a parking lot to a 10 unit condo development, that parcel will be. reassessed to capture
the $2,400 condo assessments annually now generated from that parcel (10 x $240.00 per
year). Simultaneously, the property variables of that parcel, will he eliminated from the
overall PIM) database so the new condo owners are not doubly assessed for their property
variables and condo units. tondos and residentially utilized single family residences will
pay the same flat fee per year into the. district. Condos will be fully assessed once they have
been constructed and parcelized. Condos under construction shall pay S240, less a 50%
reduction until completed and parcelized.
1(1
TABLE 12 - DOWNTOWN NATIONAL CITY 1'BID FIRST YEAR COSTS BY PROPERTY VARIABLE
PROPERTY
VARIABLE;
Lot Square Footage
Building Square
Footage (range) _
Linear Frontage
Single Family liome
and Condo Annual
Fee
Total Annual
Bud et
ANNUAL COST
BENEFIT ZONE 1
$ 0.0841 per square
foot per year
$ 0.1485-$0.1886 per
squarefoot per year
$1.8264 per linear
foot per year
$ 240.00
ANNUAL COST
BENEFIT ZONE: 2
$0.0757 per square
foot per year
$0.1485-$0.1697 per
square foot per year
$1.8264 per linear
foot her year
$240.00
TOTAL GENERATED
BY VARIABLE
SI18,053.09 (49%)
$80,075.68 (33%)
$39,713.24 (17"/0)
$2,880.00 (1%)
$240,722.01
TABLE 13 - AMOUNTS GENERATED BY DOWNTOWN NATIONAL CITY YB11)
Property Variable
Parcel or Lot Size
Total Gross Variable,
Both Benefit Zones
Amount Generated First
Year
1,465,301
$118,053.09
Building Square Feet
448,344
$80,075.68_ _
Linear Frontage
21,744
$39,713.24
Single Family IIome
and Condo Annual Fee
12
.$2,880.00
Total Assessments, First
Year - Both Zones
$240,722.01
17
PART V
RELEVANT ENABLING LEGISLATION, AB 1021
The relevant enabling PBID legislation, which allows the property owners of Downtown
National City to fund these special benefit services, is to be found in...
Section 36600 of the California Streets and highway Code known as the. Property
Business Improvement District Law of 19.944Ameauied_in 2000, 2.003)
On .luly 20, 2001, Governor Gray Davis signed AB 1021, approving changes to .the
Property. Business itnprovetnent District Law of 1994, (Cal. Streets and highway Code
Sections 36600 et. Seq.) which changes several procedures involving PB1Ds. The law
became effective on January 1, 2002.
The major change within the law is the establishment of an "Owner's Association." This
Association will be a private, non-profit entity that will contract with the City to manage
the PRID. It will be subject to the Brown Act (Ca. Government (:ode Sections 549.50 et
seq,) and the California Public Records Act (Cal Government Code Sections 6250 et seq.).
However, the Association will. not be considered as a public entity for any other purpose.
Similarly, any board members or staff will not be considered public officials.
Under the amended law, all property owners who do not pay assessments will be subject to
penalties for delinquent payments. The amended statute Also provides provisions for
renewal of the P11I1). If the PBID is renewed after its first term (up to five years), the funds
from the prior district may be used in the renewed district only. for the benefit of the
parcels within the boundaries of the prior district. if no parcels from the prior district are
within the renewed district, the funds must be returned to the property owners. Also, upon
renewal, a district may be renewed for up to ten years.
These changes clarify issues regarding PB1I) operations and formation and the status of the
non-profit organizations that manage PRIDs in the aftermath of the court ruling in Epstein
vs. the llollywood Entertainment District. The Epstein decision classified non-profit
organizations that managed PBIDs as public entities for purposes of the Brown Act.
The issue has been raised that if the organizations were public entities•for the Brown Act,
could they also be public entities for other acts, such as the Political Reform Act. The
changes in the new legislation ensure that these PBIi) and BID Management Corporations
are not considered public entities for any California law except the Ralph M. Brown Act
and the Public Records Act.
Proposition 218 (At ticle XIII D of the state constitution) states in Section 4 (a):
"A'o assessment shall be imposed on any parcel which exceeds the reasonable cost of the
proportional benefit conferred ort that parcel. Only special benefits are assessable, and an
agency must separate the general benefits from the special benefits conferred on a parcel."
18
(
.1
f'ORN1A'I ION:
• District formation requires submittal of petitions from property owners
representing at least SO% of the total assessment. The "Right to Vote. on Taxes Act"
(Proposition 218) requires that more than 5O% of the ballots received, weighted by
assessmen.t, he in support of the District.
• This petition support ensures that the mail ballot procedure will be successful in the
formation of the district. Duce 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 (:ity ('Icrk 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 .lanuary 2005.
DURATION:
• Pursuant to State Law, the District will have a set term. The proposed district will
have a five-year life commencing January 1, 2005. After five years, the petition
process must be repeated for the District to be re-established.
19
TIME LINE AS SPECIFIED BY LAW:
The .district must be estahlished to take advantage of the Connty's tax assessment
notification schedule. Mindful of that, all property related assessment districts must he
established by the end of July in any calendar year, in order to have assessments levied on
parcels for the upcoming fiscal year. In our case, the district must be estahlished through
an assessment ballot proceeding in late July 2004, in order to notify the County in time for -
tire 2004-05 fiscal tax year. The first assessments would then appear on the property tax
statements due in December 2004. In order to take advantage of this schedule, as well as to
generate revenues in early 2005, the following time line has been adopted to ensure timely
funding of special benefit programs:
Co work effectively, we must look at the completion date and work backwards:
Date must be completed by
July 20", 2004
June8`h
May 1st -June 7th
April30th
April 20, 2004
Task to be completed
Public hearing/assessment balloting proceeding, ballots
counted by weight
Resolution of intent by City to establish the district
Property owners representing 50% ofthe weight; based
upon assessments to be levied, must sign petition endorsing
the management district plan;
Assessment engineer certifies plan as compliant with
Pro.osition 218
Finalize management district plan including special benefit
services to be provided, duration. of district, boundaries,
benefit zones; assessment methodology, administration, etc.
Initiate petition drive
First rough draft Management District Plan submitted to
PRID Steering Committee
20
PART VI
ENGINEER'S REPORT, EXEMPTIONS, ANNIJAL 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 then to the designated
Downtown National City PBID Management Corporation pursuant to the authorization of
this plan. Existing laws for enforcement of property taxes apply to the Management
District assessments.
The assessments shall be collected at the same time and in the same manner as for any
possessory interest tax paid to the County of San Diego. These assessments shall provide
for the same lien priority and penalties for delinquent payment as is provided for the
possessory interest tax.
The "property owner" of the possessory interest shall be any person as the owner/taxpayer
on the last equalized possessory interest assessment roll or otherwise known to be the
owner/taxpayer by the City Council. The. City Council has no obligation to obtain other
information as to the ownership of the interest, and its determination or ownership shall be
final and conclusive for the purposes of this district.
21
C. Publicly Owned Parcels and Government Assessments:
The Downtown National City PBID Steering Committee assumes that the City of National
City, The Community Development Commission, Southwestern College; the County, the
Unified School District, the State. of California and any other publicly owned parcels will
pay assessments for the special benefits conferred upon government owned property within
the boundaries of the PRID.
Article XIII D of the California Constitution, (Proposition 218), explains the basis for
assessing publicly owned parcels:
"Parcels within a district that are owned or used by any agency, the State of California
or the United States shall' rtot be exempt from Assessments unless the agency can
demonstrate by clear and convincing evidence that those publicly owned parcels in fact
receive no special benefit.
D. Annual_Assessment Adjustment:
The PBID Management Corporation, will be granted the option of increasing the
assessments annually based upon the Consumer Price Index of San Diego County or by a
flat amount, not to exceed 5%, per, year.
I'. District Duration:
Pursuant to State. PBID Law, the Downtown National City PBID will have a duration of
five years, commencing on January 1, 2005 and extending through December 31" 2009.
This is the maximum period allowable for a new PBID ruder state legislation. Any
continuation of the District after its five-year period will require compliance with all
regulations and statutes in place at the time relative to the establishment of the new PBID.
22
PART VTI
DISTRICT GOVERNANCE AND THE
DOWNTOWN NATIONAL CITY
MANAGEMENT CORPORATION
A few rules and regulations should be considered by the Downtown National City PBII)
Management Corporation in the administration of the district.
Conflict of Interest:
Any stakeholder who serves on the administering corporation's .Board of Directors
shall reense 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 progrunrs that best respond to the top priorities• of district property
owners;
Maximize coordination of the City government to avoid duplication of services and to
leverage resources;
Deliver services through a cost-effective, non -bureaucratic and easy to access
organizational structure;
Provide accountability and responsiveness to those who pay through open access to
Board meetings, elections to the Board and Board records.
23
APPENDIX A
MAP OF THE DISTRICT
24
411, St
3," 140 (0 WO tiOna
•
zz-
•
_to sth
S.
l• •
•
,.44 4.1
•
; ---- - -1-....„,,--
1 ...
' :;:-1-,....
1- --'-'"---
. i %.„,... ; L . •:,..... .1 - .. --
liencfit Zon
2'orc
APPENDIX B
ITV I,; -YEAR PROJECTION 'OF TIIE ASSESSMENTS
ASSUMING THE MAXIMUM ANNUAI.. INCREASE
25
Downtown National City P.B.1.D.
=VE YEAR PROJECT ON OF ASSESSMENTS
W:TH 5% ANNUAL AC,'USTMENT
Fru'ected 8ucaet
2005
5%
2006
5%
2307:
- 5%
2008
5%
2039
^C7-ic Rights o'Nay and
Opera:ions
$173.COO.CO
58.650.00
5181,650.00
59,082.50
$19C.732.5C '
$9,536.63
$2C0,269.13
$10,013.46 '
$210.282 58 1
Sidewa:k
District Ident•ty and
In- rOvenents
$14.000.00
S700.00
$:4700.00
5735.00
$15.435.00 •
$7 1.75
$16,206.75
$810.34
$17,0' 7 CS
Streetscae
AcninistratI 9 Corporate
$41.000.00
$2,050.00
543,050.00
52,152.50
$45.202.50 i
52.2eC.13
547,462.53
$2,373.13 I
S49,635.75
:,::;erat,ons
IContr•-e'c,YReser:e 512.722.01
$636.10
513,358.11
$667.91
$14.C25 C2
5701.30
514,727 32
$736.37 I
515.463.68 •
-ctal 5240.722.01
312.036.10
5252,758.11
512,637.91
$265.396.C2
513.269.8C
5278,665.82
$13,933.29
5292.599.11
519/0,
APPENDIX C
LIST OF PARCELS INCLUDED IN THE DISTRICT
26
NATIONAL CITY PBID
.,30 01 00
030 02 00
030 03 00
030 04 00
0300500
030 06 00
030 07 00
030 08 00
030 09 00
• 030 10 00
•0301100
•0301200
;0301300
030 14 00
030 17 00
030 20 00
. J30 21 00
030 22 00
i 041 01 00
041 02 00
041 03 00
i 041 04 00
i0410500
i 041 06 00
i0410700
i 041 08 00
i 041 09 00
3 041 10 00
i0421000
7042 15 00
3 042 17 00
3 042 18 00
J52 04 00
3 052 05 00
052 06 00
3 052 14 00
Annual
Assessment
$240.00
$421.32
$0.00
$0.00
$240.00
$0.00
$240.00
$1,358.46
$278.41
$339.52
$270.50
$344.51
$282.92
$500.53
$1,089.50
$4,99/.45
$3,644.29
$6,609.58
$878.28
$472.48
$3,616.36
$1,063.44
$570.74
$571.49
$694.46
$511.82 .
$511.82
$1,206.28
$1,080.70
13,104.82
$3,458.95
$7,001.77
1694.46
$649.75
1471.60
12.453.40
AF'N
555 052 15,00
555 053 17 00
555 054 12 00
.555 081 09 00
555 081 10 00
555 081 14 00
555 081- 15 00
555 081 10 00
555 081 17 00
555 082 01 00
555 082 02 00
555 082 03 00
555 082 04 00
555 082 05 00
555 082 06 00
555 082 10 00
555 082 11 00
555 083 21 00
5550832700
555 083 23 00
555 083 24 00
.555 085 01 00
555 085 02 00
555 085 03 00
555 085 04 00
5550850500
555 085 06 00
555 085 01 CO
555 113 04 00
555 113 05 00
555 113 08 00
5551131.1 00
555 113 12 00
555 113 13 00
5551140100
555 114 02 00
PARCELS TO BE ASSE:;`;ii0
Annual
Assessment
$2,351.54
$22,185.90
$6,317.83
$510.24
$267.23
$396.50
$216.88
$695.37
$1,992.94
$1,855.29
$244.19
$527.88
$399.68
$1,137.98
$960.23
$1,533.33
$4,097.40
$1,846.85
$5,094.43
$2,989.50
$5,751.78
$622.48
$240.00
$240.00
$464.11
$2,797.35
$187.3 7
$4,258.90
$808.87
$792.75
$1,269.33
$2,084.78
$1,569.72
$1,13305
$240.00
S240.00
APN
555 114 03 00
555 114 04 00
555 114 05 00
555 114 06 00
555 114 07 00
555 114 11 00
555114 1200
555 114 13 00
556 101 01 00
556 101 (12 00
556 101 1 S 00
556 101 16 00
556 104 01 00
556 104 02 00
556 104 18 00
556 210 25 00
556 210 26 00
556 210 27 00
5562120100
556 212 02 00
556 212 03 00
5562120400
556 212 05 00
5562120600
556 212 07 00
556 331 03 00
556 331 04 00
556 331 05 00
556 331 14 00
556 331 15 00
bb6 331 7(1 1)0
556 331 21 00
556331 2"200
550 331 23 00
556 331 24 00
556 331 25 00
Annual
Assessment
$215.59
$220 14
$452.48
$652.46
$1,151.14
$330.42
$1,594.28
$1,569.62
$1,614.58
$1,815.33
$5,492.84
$2,216.33
$2,485.63
$240.00
$1,820.45
$1,662.72
$1,510.43
$1,077.40
$240.00
$240.00
$496.74
$276.94
$419.14
$563.61
$754.77
$249.09
$505.91
$1,181 45
$2,439.68
$926.31
$748.13
$2,720 06
$1,255 39
5,566.21
1715.80
13,133.35
NATIONAL CITY 113ID
PARCELS TO BE ASSESSED
APN Annual APN Annual
Assessment Assessment
56 332 20 00 $1,764.62 556 553 09 00 $515.54
556 332 21 00 $535.59 556 553 12 00 $567.57
556 332 22 00 $375.86 556 553 13 00 $526.29
55G 332 23 00 $253.70 556 554 16 00 54,415.42
556 332 24 00 $1,409.83 556 554 17 00 $6,245.33
556 333 15 00 $2,626.38 556 554 18 00 $1,195.18
556 333 17 00 $4,907.21 556 554 19 00 $569.85
556 333 18 00 $522.19 • 556 554 20 00 $1,205.03
556 334 19 00 $2,101.81 556 554 21 00 $1,568.79
556 334 20 00 $282.35
556 334 21 00 $410.30
• 556 334 22 00 $452.14
556 471 03 00 $2,233.31
556 471 04 00 $575.76
556 471 16.00 $1,585.34
.556 47 1 17 00 52,691.26
556 471 23 00 $4,830.57
556 471 24 00 $3.673,51
556 472.23 00 $2,019.79
556 472 24 00 $527.74
556 412 26 00 $3,056.70
556 472 27 00 $265.95
556 473 15 00 $1,526.52
556 473 16 00 $792.75
556 473 17 00 $962.08
556 474 01 00 $1,610.56
556 474 02 00 $739.54
556 474 21 00 $2,527.99
556 493 01 00 $1,290.96
556 493 04 00 $934.44
556 493 05 00 $240.00
556 553 01 00 $694.46
556 553 02 00 5357 75
556 553 03 00 S409.23
556 553 04 00 $616.9!)
556 553 0500 51,59219
APN
•
Annual
Assessment{
APPENDIX D
ENGIN EER'S RI+PORT
27
Edward i I enning & Associates
URBAN REVrl'ALI"GATION • FUNDING,
Downtown National City
Property Business Improvement District
CITY OF NATIONAL CITY - CALIFORNIA
DISTRICT
ASSESSMENT ENGINEER'S
REPORT
Prepared by
Edward V. Henning,
California 1?egistered Professional Engineer it 26549
Edward Henning & Associates
Phelan California
June 1, 2004
13330 Buttemere Rd • I'hetau CA 92371 • (76o) 868-9963 • (fax) (76o) 868 6g90 • mred2@carthImk.net
ATTACI IME1
Edward Henning & Associates
URBAN REViTALIZATiON • FUNDING
DISTRICT ASSESSMENT ENGINEER'S REPORT
1'o Whom It May Concern:
I hereby certify to the best of my professional knowledge and experience that cash of the identified benefiting
properties located within the proposed Downtown National City Property Business Improvement District will rmeive
a special Ix;nefit over and above the benefits conferred on the public at large and that the amount of the proposed
assssment is proportional to, and no greater than the benefits conferred on each respective property.
act,a/
Prepare by Edward V. Henning, California Registered Professional Engineer 4 2654,9
_ 4 t s RPE l/26549
Edward V. Ilcnn1
June 1, 2004
Date
(NOTVALII) WITHOUT EMBOSSED CERTIFICATION SEAL AND SIGNATURE HERE)
Introduction
This report shall serve as the "detailed engineer's report" required by Section 4(b) of Article X1f D of the California
Constitution (Proposition 218) to support the benefit property assessments proposed 10 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.
NO'11 1: The terminology "identified benefiting parcel" or "property" is used throughout this report pursuant to SB
919 - "Proposition 218 Omnibus Implementation Act" which clarified portions of Prop 218. 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 does not imply that all parcels
receive assessable benefits .
13330 Buttemere Rd • f'helan CA 9237r •.(760) 868••9963 - (fax) (76o) 868-6490 • mred2@eat1..hlink.net
Edward l ienning & Associates
URBAN REV I'PALi7.ATION • FUNDING(
B ac•kgrouu d
The Downtown National City PI311) is a property based benefit az.essrucnt type district being established pursuant to
Section 36600 et seq. of the Califon tia Streets and Highways Code, also known as the Property and Business
Improvement District Law of 1994 (the "Act"). Due to the benefit assessment nature of assessments levied within a
PBID, district program costs are to he distributed amongst all identified benefiting properties based on the
proportional amount of program benefit each property is expected to derive from the assessments collected. Within
the Act, frixpient references are made to the concept of relative "benefit" received from PINT) programs and activities
versus amount of assessment paid. Only those properties expected to derive special benefits froin KW) funded
programs and activities may be assessed and only in an amount proportional to the relative benefits expected to be
received.
The method used to determine benefits derived by each identified property within a PBID begins with the selection
of a suitable and tangible basic benefit unit. For property related services, snch as those proposed in the Downtown.
National City PBII), the benefit unit may be measured in linear feet of street frontage or parcel size in square feet or
building size in square feet or number of building floors or proximity to major corridors in average liueat feet, or any
combination of these factors. Quantity takeoffs for each parcel are then measured or otherwise ascertained. From
these figntres, the amount of benefit units to lx; assigned to each property can be calculated. Special ciriwnslances
such as unique geography, land uses, development constraints etc, ale carefully reviewed relative to specific
programs and improvements to be funded by the PHiI) in order to determine any levels of diminished benefit which
may apply on a parcel by parcel or categorical basis.
Based ou the factors described above such as geography and nature of programs and activities proposed, an
ascresment formula is developed which is derived from a singular or composite basic benefit unit factor or factors.
Within the assessment formula, different factors may be assigned different "weights" or perrxintage of values.
Next, all program and activity coats, including incidental costs, district administration, ancillary Programs, and
volunteer and comped resource and material credits are estimated. It is noted, as stipulated in Proposition 218, and
now required of all property ba c d assessment districts, indirect and general benefits may not be incorporated into
the assessment formula and levied on the district properties; only direct or "speclar benefits and costs may be
considered. Indirect or general benefit costs muss be calculated and factored out of the assessment cost basis to
produce a "net' cost figure. In addition, P op osition 718 no longer exempts government owned property horn paying
benefit assessment.~ and these properties must be factored into the assessment roll if special benefit is determined to
be conferred upon such properties.
2
13330 Buttemere Rd - Phelan CA 92371 • (760) 868-9063 • (fax) (760) 868-6990 • nrrod2@earthlink_net
Edward I -"I elm i l ig & Associates
URBAN REVITALIZATION • FUNDINn
Flom 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 ofbeuefit units. 'the amount of assessment for each parcel can be
computed at this time by multiplying the Net Unit Cost times the number of Basic Benefit Units per parcel. This is
known as "spreading the assessment" or the "assessment spread" in that all costs are allocated proportionally or
"spread" amongst all properties within the PBID.
The method and basis of spreading program costs varies from one PB1D to another based on local geographic
conditions, types of programs and activities ptoposexf, and .size and development complexity of the district. PB11)s
may require secondary lxanefit zones to be identified to allow for a tiered assessment formula for variable or
"stepped-dowrh" 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 procexiures
and requirements to be carried out prior to levying a property -based assessment like the Downtown National City
MID. These IegUirCHICntS are in addition to requirements imposed by State and local assessment enabling laws.
These requirements were "chaptcred" into law as Article XII1D of the California Constitution and then further
clarified by the Proposition 218 Omnibus Legislation in 1997 chaptered in section 53750 et seq of the California
Government Code.
Since Prop 218 provisions will affect all subsequent .calculations to be made in laying ont the final lnoperty
assessment roll for the Downtown National City PHIl), Prop 21$ requirements will be taken into account first. The
key provisions of Prop 218 along with a dcsc'ription.of how the Downtown National City PR1D complies with each of
these provisions is delineated below.
(Note: All onion references below pertain to Article XIII of the California Constitution):
Findinz 1. From Section 4(a): "Identify all parcels which will have a special benefit conferred upon them and
upon which an asqrvsment will be imposed"
There are 153 "identified" individual parcels within the Downtown National City l'HiD which will all derive some
level of special benefit from the proposed District programs and activities. These parcels arc shown on the
hound ry Map within the. Management District Plan and are listed as an attachment to the Plan - identified by
assessor parcel number and site address. Two benefit zones have been identified within the District which generally
includes all properties along and surrounding the National City Boulevard corridor from 2"' to 12`" and the 8'"
Street corridor from the fieeway to A Avenue.
13330 Buttemere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (760) 868-6490 • nIrc d2@earthlink.net
Edward Henning & Associates
TURBAN REVITALIZATION • FUNDING t
Finding 2. From Section 4(a): "Separate the general benefits from the special benefits conferred on parcel(s).
Only special benefits are assessable. "
As stiprilated by Prop 218, assessment district 'migrants and activities confer a combination of general and special
benefits to district properties, but the only program benefits which can be funded through assessments arc those
attributed to special property related benefits. Thus, a portion of the program costs mist be considered attributable
to general benefits and assigned a value. Conventional assessment engineering experience has found that general
benefits within a given district typically average 10% of the total adjusted casts with a 5% deviation. (Total
adjusted costs include actual proposed 11311) program costs plus any additional supplemental or matching program
costs as well as applied credits from sources such as start up grants, Board/Committee member service credits and
spcx.ialized assessment reductions/adjustments.) There are three common methods for determining general and
special benefit ratios within assessment districts.
(1) The parcel by parcel allocatiou method
(2) The program/activity line item allocation method. and
(3) The composite district. overlay determinant method.
The vast majority of PIllDs in California have used Method #3, the composite district overlay determinant method
which will be used for the Downtown National City PBID. Using engin al data from other PBIDs, a focused range
for general benefits from 5-15% is used. Based on a composite of district c-ritcria such as the shape of the
Downtown National City PBID, the existence of two benefit zones, a three-four element ascessarent formula, the
proximity all of district properties to the applicable program bereft zones, and the nature of the proposed programs
and activities, a specific "overlay" value of 5% is assigned to the general benefit portion of the total adjusted costs.
This leaves a value of 95% assigned to special bent related costs. Since the total program cost is estimated at
$265,572.01 (see Table 1• later in this Report), the maximum special benefit portion which can be recouped through
property assessments, is $252,293.41. Remaining costs which arc attributed • to general benefits, will need to be
derived from other sources_ (e.g_ public/private matching grants, startup grants, startup volunteer credits or ongoing
board member volunteer credits).
4
t)
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IJRIiAN RF.VITALIZATION FITNDIN" '
Finding 3. From Section 4(a): "(Determine) the proportionate special benefit derived by each parcel in
relationship to the entirety of the. cost of public improvement(s) or the maintenance and operation
expenses. or the cost of the property related service being provided.
The proportionate special benefit cost for each parcel is listed in an attachment to the Management District Plan.
The individual percentages (i.e. proportionate relationship to the total special benefit related program and activity
costs) were computed by dividing the individual parcel assessment by the total program costs.
Finding 4. From Section 4(a): "No assessment_...._ shall exceed the reasonable cost of the proportional special
benefit conferred ou parcet(s)."
Not only are the proposed program' costs reasonable due to the benefit of gFoup 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 Corrunittc:_
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 ownrerl by public agencies (i.e. City of National City, the Comununity
Development Commission, Southwestern College etc). will also be assessed and at rates equivalent to private sector
owned parcels. The "fair market value" of such public properties is identical to surrounding privately owned
parcels. and any increased values and benefits derived from PBID programs and services would be similar for either
public or privately owned parcels, with or without improvements. Just as the costs and effects of blight are shared
by both public and private properties; so arc the rewards of clean and safe as well as district promotions and
marketing programs_ Since there is no compelling finding or evidence tbat such properties would receive less direct
benefit.f3ow the proposed Pt3l7) 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".
Tlus report shall serve as the "detailed engineer's report" to support the benefit property assessments proposed to
be levied within the Downtown National City PBID.
5
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URBAN RF.VTFALIZATION • FITNDING (
Finding 7. From Section 4(c): "The amount of the proposed assessment for each parcel shall be calculated
(along with) the total amount thereof chargeable to the entire district, the duration of such payments, the
reason for such assessment and the basis upon which the amount of the proposed assessment was calculated."
The individual and total parcel assessments attributable to spccial property benefits are shown on an attachment to
the Management District Plan_ The district and resultant assessment payments will continue for five years and nray
be renewed again at that time. The reasons (purposes) for the proposed assessments are outlined in the Management
District Plan. The calculatiou basis of the proposed assessment for the f'Ii 1) is attributed in part to the spetifc
amount of property size, building size and street frontage.
Special Benefit and Assessment Analysis
Step 1. Select "Basic Benefit tlnit(s)"
PI311) ltsr-ssment formulas typically arc based on either property street frontage or parcel and building size or
location, all which can affect the amount of benefit conferred on a particular parcel and tlx: proportionate assessment
to be paid. The formula may base assessments on a single factor or a combination offacto's.
Basal on the nature of tlx: program activities to be fundeet by the Downtown National City PBID, which relate to the
proportionate amount of real estate (i.e. land) held in ownership, development intensity (i.e. building area) and
property street frontage as well as land use, it has been determined that the assessments for the PBID will be based
proportionately on a combination of parcel size, building size, land use and street frontage. In addition a flat rate will
be applied to single family residential (SFR) and residential condo unitslocatcd on non -residentially zoned land.
The "Basic Benefit Unit" will be expressed as a function of land square footage (Basic Benefit "A" Units), building
area (Basic Benefit "13" Units - further refined by land nse) and linear feet of property frontage (Basic Benefit "C"
Units). Based on the shape of the Downtown National City 1'131D, as well as the nature of the District program
elernents, it is determined that two benefit zones exist in which identified properties will gain a direct, albeit,
proportionate degree of benefit based on the respective amount of parcel size, building size, land use and street
frontage.
Step 2. Quantify Total Basic Benefit Units
Taking into account all identified benefiting psope.rties, there are 1,465,30I square feet of assessable parcel land area
with.in the District, 448,344 square feet of assessable building area and 21,744 linear feet of property street frontage.
In addition, these are 12 assessable single tarnily/condo units. Since the selected Basic Benefit Unit is based on a
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F;dward llelfifing & Associates
1IRBAN 1(EVTIALIZ.A'I'ION • FUNDING
combination of parcel arca, 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 Zonc 2. The final adjusted weights are
61% for Zone 1 and 39% for Zone 2.
Step 3. Calculate Benefit 1Juits for Each Property.
The number of Benefit Units for each identified benefiting parcel within the Downtown National City PHll) 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 axe listed as an attachment to the Management District Plan. While it is understood
that this data does not represent legal field survey measurements or detailed title search of recorded land subdivision
maps or building records, it does provide an acceptable basis for the purpose of calculating property based
assessments. All respective property data being used for assessment computations has been provided to each property
owner in the PBID for their review. All known or reported discrepancies or errors have been corrected.
Step 4. Determine Assessment Formula
For a District with a single Basic Benefit Unit with one Benefit Zone, the assessment formula would be the same for
each identified benefiting property as follows:
Number of Basic Benefit Units x Basic Unit Cost = P131T) Assessment
The Downtown National City PBID acsecsment is to be based on three Basic Benefit Unit factors; land square
footage (Basic Benefit "A" Units), building area (Basic Benefit "B" Units) and linear feet of property frontage (Basic
Benefit "C" Units), It.:has been determined that the assessment should be based partially on parcel size, building size
and street frontage as follows:
Zone 1:
Assessment = [(No. of Benefit "A-1"Units x Basic "A-1" Unit Cost)] +
[(No. of Benefit "B-1" Units x Basic "B-1" Unit Cost)] +
[(No. of Benefit "C-1" Units x Basic I" Unit Cost)]
Zone 2:
Assessment =
((No. of Benefit "A-2"Units x Basic "A-2" Unit Cost)]
[(No. of Benefit "13-2" lJnils x Basic "B-2" Unit Cost)) +
[(No. of Benefit "C-2" Units x Basic "C-2" I Jail Cost)]
7
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Edward Henning & Associates
URBAN REVITALIZATION • FUNDING (
Note A_ Benefit " R" Unit Costs vary based on land use as shown in Table 3 later in this report.
Note B: Assessments for single family residential and residential condos are based un a flat tee per unit as
shown in Table 3.
Step 5. Estimate "Dotal Program and Activity Costs
Total estimated proposed prograrn and activity costs are shown below in Table 1. These costs include expenses for
genetal as well as special benefits and related programs/activities.
TABLE 1
Estimated Total Year 1 Program & Activity Costs fSpecial+Cenerai Benefits)
Program/.Activity
Public Rights of Way & Sidewalk Operations
District Identity/Streetscape Improvements
IAdministration/Corporate Operations
Contingency/Reserve
Misc Costs (Credits)
Total
Year 1 To
$17 3,000.00
11 4,000.00
141 ,000.00
65.14%
11 2,722.01.
124,850.00
$265,572.01
S.27%
1 5.44%
4.79%
Step 6. Separate General Benefits from Special. Benefits and Related Costs (Prop 218)
9.36%
100.00%
Total program and activity costs are estimated at $265,572.01 (see Table 1 above)_ General benefits are factored at
5% of total (see Finding 2 on page 4 of this repot) with special benefits set at 95%. Prop 218 limits the levy of
property assessments to costs attributed to special benefits only. "rbe 5% general benefit cost is computed to be
S 13,278,60 with a resultant 95% special benefit limit computed at $252,293.41. This is the maximum amount of
revenue that can be derived from property assessments_ from the subject PB1n._ 'Ile total amount of revenue
proposed to be derived front PBID itssessments is $240,722.01 for Year 1, which is less than the special benefit limit
of $252,293.41. Therefore, no Plop 218 adjustments nexx] to be made to the; proposed assessment formula. All
program costs associated with general benefits will be derived from sources or credits other than P13I1) assessments
as shown below in Table 2.
8
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Edward }kenning & Associates
URBAN REVITALIZATION • I'UNDI""
TABLE 2
'Total Adjusted Year 1 Revenue (For Special + General Benefit Prm rarns/Activities)
I'B.ID Assessments
. Funding Source
Subtotal Revenue •%u
S240,722.01 90.64%
PBID Fut rnation Pro -rated Credit/Year (535,000 base)
PBID Formation Pro -Rated Volunteer Credit/Year (50% base)
Annual Board/Volunteet Credit (3S% base Admin)
1-OTAL ADJUSTED REVENUE
S7,000.00 I 2.64%
$3,500.00 _ 1.32%.
$14,3 50.00 { 5.40%
S265,572.01 100.00%
Step 7. Calculate "Basic Unit Cost" (Special Benefits Only)
With a Year 1 budget of S240,720.01 (special benefit only), the Basic Unit Costs CA", "B" and ."C") from the
Management Plan are:
TABLE 3
Basic Unit
"A" Cost
"13-a" Cost
"B-b" Cost
"13-c" Cost
"B-d" Cost
"B-e„ Cost
Land Use Description
All except SFR and condos
Retail, hotels, motels, visitor
Office, commercial, pkg struc
Industrial, manufacturing
Institutional, goverruuent etc
Residential 20+ units
Benefit Gone 1
50.0841/sf
$0.1886/sf
50.1696/sf
50.1696/sf
50.1577/sf
50.1485/sf
Benefit Zone 2
S0.0757/sf
50.1697/st
$0.1697/sf
50.1697/sf
S0.1578/sf
10.1485/sf
"B-f' Cost
Residential 9-19 units
"B-g" Cost
Residential 2-8 units
S0.14$5/sf
$0.1485/sf
50.1485/sf
"B-h" Cost
"13-1" Cost
Single family residential
S240 flat rate
Residential Condo
S240 fiat rate
"C" Cost
All except S1FR and condos
51.8264/LF
50.1485/sf
S240 flat rate
$240 flat rate
S 1.8264/LF
Since the PBID is planned for a five year term, maximum asscssrnents for fuhue years (Years 2 Uuough 5) must be
set at the inception of the 1'1-311). A maximum annual flat rate increase of .5% may be imposed each year, subject to
approval by the. 11311) Board.
9
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Edward Henning & Associates
:URBAN REVITALIZATION • FIJNDINC
Step 8. Spread the Assessments
The resultant assessment spread calculations for inch parcel within the PBID are shown in an attachment to the
District Management Plan and were determined by applying the District assessment formula to each identified
benefiting property. This list of all identified benefiting parcels in the PBID delineates each parcel and benefit units
for property strex;t frontage and palm! area.
10
13330 Ilutternere Rd • Phelan CA 92371- (760) 868-9963 • (fax) (760) 868-6490 • mred2@earthtink.nrt
Edward Iierinillg&Associates
c )
URBAN REVITALIZATION • FUNDING;
1;l)WARD IHENNING & ASSOCIATES
Edward Henning and Associates is a multi-discipliucd consulting fine offering a diverse range of community development
and funding services focusing on downtown business districts and the unique problems and opportunities associated with
center city areas.
"Types of services provided
• Business Improvement District (13ll) & PBD)) Formations, Modifications, Expansions, Updates
• Prop 218 Assessment Engineering Analyses and Reports (Licensed Engineer)
• Downtown Revitalization Plans/Redcveloprneut Planning and Implementation
• Establish/Administer/Field Supervision for Rehabilitation Programs and Projects
• Architectural Design Guidelines/ Sign Ordinances
Partial list of agencies and climbs represented
• Town of Apple Valley
• City of Berkeley
• City of Buena Park
• City of Culver City
• City of Huntington Park
• City of Huntington Beach
• City of Los Angeles
- Gateway to LAX
- Historic Downtown Core
- Hollywood District
- Melrose/Fairfax
—1 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 Whittie.r
• City of Yucaipa
PIM) Formation (Village)
1311) Formation (Downtown)
BID Formation Analysis (Auto Row & Elitcrtairunent Corridor)
BID Formation (Downtown)
BID Formation (Pacific Blvd.)
BID Formation (Auto Row District)
PBID Formation &. Renewal (Prop 218 Compliance)
P13I1) Formation (Prop 218 Compliance)
PBID Formation (Prcip 218 Compliance)
riii1 Formation (Prop 218 Compliance)
PBIr) Formation & Renewal
BID Formation
111IT) Formation (Prop 218 Compliance)
Private Sector PM Formation
llybrid BID/PBID Formation
BID Modification (Downtown)
PBID Formation (Downtown)
BID Advising
BID Modification
PBID Formation (Downtown)
PBID Formation (Playhouse District)
Citywide Tourist Improvement District (TLD)
PAID Formation (Downtown)
PBID Formation (Prop 218 Compliance)
B11) Formation (Downtown)
Citywide Tourist Improvement District Evaluation (TID)
BID Modification (Uptown)
PBID Formation & Renewal(Uptown)
11
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DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT
PARCELS TO BE ASSESSED
APN
ANNUAL
ASSESSMENT
APN
ANNUAL
ASSESSMENT
APN
ANNUAL
ASSESSMENT
APN
ANNUAL
ASSESSMENT
APN
ANNUAL
ASSESSMENT
555-030-01-00
$240.00
555-042-'8-00
$7,001.77
555-085-06-00
5187.37
556-212-04-00
$276.94
556-471-23-00
54,830.57
555-030-02-03
$427.32
555-052-04-00
$694.46
555-085-07-00
$4,258.90
556-212-05-00
$419.14
556-471-24-00
53,673.51
555-030-03-03
S0.00
555-052-05-00
$649.75
555-113-04-00
$808.87
556-212-06-00
$563.61
556-472-23-00
$2,019.79
555-030-04-00
50.00
555-052-06-00
$471.60
555-113-05-00
$792.75
556-212-07-00
$754.77
556-472-24-00
$527.74
555-030-05-00
$240.00
555-052-14-00
$2,453.40
555-113-08-00
51,269.33
556-331-03-00
$249.09
,55842.26-o01.
53,056.70.
555-030-06-03
$0.0.0
555-052-15-00
$2,361.54
555-113-11-00
$2,084.78
556-331-04-00
$505.91
556-472-27-00
$265.95
555-030-07.00
$240.00
555-053.17-00
$22,785.90
555-113.12-00
$1,569.72
558-331-05-00
$1,181.45
556-473-15-00
51,526.52
555.030-08-00
$1,358.46
555-054-12-00
$6,377.83
555-113-13-00
$1.133.05
556-331-14-00
$2.439.68
556-473-16-00
$792.75
555-030-09-00
$278.41
555-081-09-00
$510.24
555-114-01-00
$240.00
558-331-15-00
$926.31
556-473-17-00
$962.08
555-030-10-00
$339.52
555-081-10-00
$267.23
555-114-02-00
$240.00'
556-331-20-00
$748.13
556-474-01-00
51,610.56
555-030-11-00
$270.50
555-081-14-00
$396.50
555-114-03-00
$215.59
556-331-21-00
$2,720.06
556-474-02-00
$739.54
555-330-12-00
$344.51
555-081-15-00
$216.88
555-114-04-00
$220.14
556-331-22-00
$1,255.39
556-474-21-00
12.527.99
555-030-13-00
$282.92
555-081-16-00
$695.37
555-114-05-00
$452.48
556-331-23-00
$566.21
556-493-01-00
$1,290.96
555-030-14-00
$500.53
555-081-17-00
$1,992.94
555-1114-06-00
$852.46
556-331-24-00
$715.80
558-493-04-03
$934.44
555-030-17-00
51,089.50
555-032-01-00
$1,855.29
555-114-07-00
51,151.14
556-331-25-00
$3,133.35
556-493-05-00
$240.03
555-030-23-00
$4,997.45
555-082-02-00
$244.19
555-114-11-00
$330.42
556-332-20-00
51,764.62
556-553-01-00
$694.46
555-030-21-30
$3,644.29
555-082-03-00
$527.88
555-114-12-00
51,594.28
556-332-21-00
$535.59
556-553-02-03
$357.75
555.030-22-00
56,609.58
555.032-04-00
$399.68
555-114-13-00
11.569.62
556-332-22-00
1375.86
556-553-03.00
$409.23
555-041-01-00
$878.28
555-082-05-00
$1,137.98
556-101-01-00
11.614.58
556-332-23-00
$253.70
5566-553-04-00
$616.95
555-041-02-30
5472.48
555-082-06-00
$960.23
556-101.02-03
51,815.33
556-332-24-00
$1,409.83
556-553-05-00
$1.592.79
555-041-03-00
13,616.36
555-082-10-00
$1,533.33
558-101-15-00
$5,492.84
556-333-15-00
$2,6626.38
556-553-14-03
$1.324.56
555-041-04.00
11,0663.44
555-082-11-00
$4,C97.40
556.101.16-00
$2,276.33
556-333-17-00
$4,907.21
556-553-15-03
$284.84
555-041-05-00
5570.74
555-083-21-00
$1,846.85 .
556-104-01-0D
$2,485.63
556-333-18-00
$522.19
556-554-18-00
$4,415.42
555-041-05-00
$571.49
:555-083.22-00
.$5,094.43•
556-104-02-03
$240.00
556-334-19-00
12.101.81
556-554.17-00
16,245.33
555-041-07-00
$694.46
555-083,23-00
12,989.50,
556.104.18-00
51.820.45
556-334-20-00
1282.35
556-554-18-00
$1.195.18
555-041-C8-00
$511.82
555-083-24-03
15.751,76
556-210-25-00
$1.662.72
556-334-21-00
1410.30
556-554-19-03
$569.85
555-04,-39-00
1511182
555-085-01-00
1622.43
556-210-26-00
11,510.43
556-334-22-00
$452 14
556554-20-03
$1.205.03
555-041.10-00
$1.206 28
555-085-02-00
1240.03
556-210-27-00
11.077 40
556:471=03.00
$2.23331
556-554-21-03
11.56879
555-042-10-30
$1.080.70
555-085-03-00
1240.03
556-212-01-03
$240.00
-556:471-04.00
- $575.76
555-042-15-30
13.104 82
555-085-04-00
1464.11
556-212-02-00
$240.00
556-471-16-30
$1.585.34
555-042-17-00
$3.458 95
555-085-05-00
12.797.35
556-212-03-00
1496.74
556-471-17-30
$2.691 26
538.604.63
$77.677.89
$39.743. 35
$39.183 49
S45.479.28
$0 00
$15.682 56
$0.00
12.809.07
$3.056.70
$38,604 63
$61.995.33
539.743.35
536.374.42
S42.422.53
NOTE: Items highlighted are owned by Public Agencies and.should•not be assessed through.th :CountyAssessor's.Office;
they should be billed directly by the .Finance -Department of the City of National City.
S240,888,64 Total Assessments
$21.548,33 Total Public Parcels
$219:140.31 Total Assessments less Public F
City of National City, California
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
22
MEETING DATE July 17 2007 AGENDA ITEM NO.
/�EM TITLE
/ Resolution of the Community Development Commission of the City of National City confirming and
approving the Diagram and Assessment Engineer's Report and providing for the levy of the Annual
Assessment in the Downtown National City Property Business Improvement District (Morgan Square
Community Benefit District)
PREPARED BY
Jacqueline Reynoso (ext. 4293)
Community Development Coordinator
DEPARTMENT
Economic Development Division
EXPLANATION
The Engineer's Report, required by Section 22622 of the Landscape Maintenance and Lighting Act of 1972,
is the central document relative to the Levy of Assessments within The Downtown National City Property
Business Improvement District ("The District"). The Engineer's Report is contained in the Downtown
National City Property Business Improvement District Management District Plan, approved on April 30,
2004 by the City Council.
All proceedings for the establishment of a levy of assessment for the District will comply with the provisions
of Proposition 218, approved by voters on November 5, 1996.
Environmental Review N/A
Financial Statement N/A
STAFF RECOMMENDATION
City Council Adopt the Resolution of the Community Development Commission of the City of National
City confirming and approving the Diagram and Assessment Engineer's Report and providing for the levy
of the Annual Assessment in the Downtown National City Property Business Improvement District
ATTACHMENTS Resolution No.
1. Engineer's Report (refer to attachment in Public Ilearing report) 2. Diagram
3. Assessment 4. Resolution
L
A-200 (9/80)
RESOLUTION NO.2007 —
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY
CONFIRMING AND APPROVING THE DIAGRAM AND
THE ASSESSMENT ENGINEER'S REPORT AND
PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT
IN THE DOWNTOWN NATIONAL CITY PROPERTY
BUSINESS IMPROVEMENT DISTRICT
(MORGAN SQUARE COMMUNITY BENEFIT DISTRICT)
WHEREAS, the Property and Business Improvement District Law of 1994,.Part 7
of Division 18 of the California Streets and Highways Code, commencing with Section 36600,
(the "Law") authorizes cities and counties to establish, for up to five years initially, property and
business improvement districts ("PBID") to promote the economic revitalization and physical
maintenance of business districts; and
WHEREAS, the Law authorizes cities to levy and collect assessments on real
property within such districts for the purpose of providing improvements and promoting activities
that specially benefit real property within such districts; and
WHEREAS, Articles XIII C and XIII D of the California Constitution, and Section
53753 of the California Government Code impose certain procedural and substantive
requirements relating to the levy of new or increased assessments; and
WHEREAS, in March, 2004, a written petition was submitted by property owners
within Downtown National City requesting the Community Development Commission of the City
of National City (CDC) to initiate proceedings pursuant to the Law to establish the Downtown
National City Management District for a five (5) year period; and
WHEREAS, such petition was signed by property owners in the proposed district
who will pay more than fifty percent (50%) of the assessments proposed to be levied; and
WHEREAS, a Management District Plan entitled The Downtown National City
Management District Plan (the "Management District Plan"), and a District Assessment
Engineer's Report was prepared and submitted to the City Clerk, containing all of the
information required by Section 36622 of the Law, including a description of the boundaries of
the district, the improvements and activities proposed for the district, and the cost of such
improvements and activities; and
WHEREAS, the Board of the Community Development.Commission of the City of
National City did establish for five years, the Downtown National City Management District (the
"District") and levied and collected assessments against Tots and parcels of real property within
the District, commencing with fiscal year 20004-05; and
WHEREAS, the Board did approve the Management District Plan, which is on file
in the office of the City Clerk, and available for public review during normal business hours; and
Resolution No. 2007 —
July 17, 2007
Page 2
WHEREAS, the boundaries of the proposed District are included in the
Management District Plan; and
WHEREAS, the proposed activities for the District include streetscape, sidewalk,
parkway and street furniture maintenance, repair and replacement including, but not limited to,
trees, sidewalk pavement, sidewalk bollards, street fumiture, trash receptacles, and street lights,
as well as periodic landscape maintenance and steam cleaning services that benefit businesses
and real property located in the District; and
WHEREAS, the assessment proposed to be levied and collected for fiscal year
2007-08 is $240,688.64, which was the same assessment amount levied for fiscal year 2006-
2007.
NOW, THEREFORE, BE IT RESOLVED that the Community Development
Commission of City of National City declares as follows:
RECITALS
Section 1. The above recitals are all true and correct
PROCEDURES
Section 2. The City Council hereby finds and determines that the procedures for the
consideration of the levy of the annual assessment have been undertaken in accordance with
both the Act and Article XIII D in as much as the proposed assessments for the Fiscal Year
2007-08 are not proposed to be increased over the assessment previously authorized to be
levied.
DETERMINATION AND CONFIRMATION
Section 3. The final assessment for the proceedings, as contained in the Assessment
Engineer's Report and the diagram are herby approved and confirmed.
Based upon the Assessment Engineer's Report and the diagram, attached hereto as
Exhibits "A" and "B", respectively, and upon the testimony and other evidence presented at the
public hearing, the City Council hereby makes the following determinations regarding the
assessments proposed to be imposed:
A. The proportionate special benefit derived by each individual parcel assessed has
been determined in relationship to the entirety of the cost of the operations and maintenance
expenses.
B. The assessments do not exceed the reasonable cost of the proportional special
benefit conferred on each parcel.
Resolution No. 2007 —
July 17, 2007
Page 3
C. Only the special benefits have been assessed.
The assessments for the District contained in the assessment attached hereto as Exhibit
"C' for the next fiscal year are hereby confirmed and levied upon the respective lots or parcels
in the District in the amounts as set forth in the assessment attached hereto as Exhibit "C".
ORDERING OF MAINTENANCE
Section 4. The public interest and convenience requires, and this legislative body does
hereby order the maintenance work to be made and performed as said maintenance work is set
forth in the Assessment Engineer's Report and as previously declared and set forth in the
Resolution of Intention.
FILING WITH CITY CLERK AND CITY ENGINEER
Section 5. The above -referenced diagram and assessment shall be filed in the Office
of the City Clerk, with certified copy to be filed in the Office of the City Engineer. Said diagram
and assessment and the certified copy thereof, shall be open for public inspection.
FILING WITH THE COUNTY AUDITOR
Section 6. The City Clerk is hereby ordered and directed to immediately file a certified
copy of the diagram and assessment with the County Auditor. Said filing to be made no later
than the 3rd Monday in August.
ENTRY UPON THE ASSESSMENT ROLL
Section 7. After the filing of the diagram and assessment the County Auditor shall
enter on the County assessment roll opposite each lot or parcel of the land the amount
assessed there upon, as shown in the assessment.
COLLECTION AND PAYMENT
Section 8. The assessments shall be collected at the same time and in the same
manner as the County taxes are collected, and all laws providing for the collection and
enforcement of the County taxes shall apply to the collection and enforcement of the
assessments.
FISCAL YEAR
Section 9. The assessments as above authorized and levied for these proceedings will
provide revenue and related to the fiscal year commencing July 1, 2007, and ending June 30,
2008.
-- Signature Page to Follow --
Resolution No. 2007 -
July 17, 2007
Page 4
PASSED and ADOPTED this 17th day of July, 2007.
Ron Morrison, Chairman
ATTEST:
Brad Raulston
Secretary
APPROVED AS TO FORM:
George H. Eiser, Ill
Legal Counsel
h b+-
EIVED
REC
Ce mru:tity
Develo rie74%CiCiiP.tSS:C'
DOWNTOWN NATIONAL, CITY
PROPERTY BUSINESS IMPROVEMENT DISTRICT
IVIANAGEMEN'1' DISTRICT PLAN
Formed Under California Streets and Highway Code Section 36600
Property Business Improvement District Act of 1994
FINAL PLAN
SUBMITTED TO:
THE DOWNTOWN NATIONAL CITY
P.B.I.D. STEERING COMMITTEE
THE .CITY OF NATIONAL CITY
COMMUNITY DEVELOPMENT COMMISSION
EXECUTIVE DIRECTOIR BEN 1VIARTINEZ
MAYOR NICK INZUNZA
AND CITY COUNCIL MEMBERS LUIS NA'I'IVIDAD, RON
MORRISON, FRANCISCO PARRA AND FIDELAS UNGAB
PRESENTED BY:
MARCO LI MANURI, NEW CITY AMEIUCA INC.
APPROVED APRIL 30, 2004
UPDATED MAY 24, 2004
1
Attachment 2
DOWNTOWN NATIONAL. CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT
MANAGEMENT DISTRICT PLAN
IV'INAL PLAN - MAY 24, 2004
TABLE OF CONTENTS
I. INTRODUCTION, EXECUTIVE SUMMARY
II. ADDRESS SERIES, GENERAL STREET BOUNDARIES
III. WORK PLAN AND BUDGET
IV. ASSESSMENT METHODOLOGY TO FUND THE SPECIAL BENEFITS
V. RELEVANT ENABLING LEGISLATION, AB 1021
VI. ENGINEER'S REPORT AND RELATIONSHIP BETWEEN ASSESSMENTS PAID
AND SPECIAL SERVICES RECEIVED
VII.. DISTRICT GOVERNANCE
APPENDIX
A. MAP OF TIIE DISTRICT
B. FIVE YEAR PROJECTION OF ASSESSMENTS
C. LIST OF PARCELS INCLUDED IN DISTRICT
D. CERTIFIED ENGINEER'S REPORT
2
PART
EXECUTIVE SUMMARY
DOWNTOWN NATIONAL. CITY MANAGEMENT DISTRICT PLAN
Statement of Purpose
Over the past two years, the people of San I)icgu County have begun to see National City in
a whole new light. Long identified with the extremely successful National City Mile of
Cars, the City now has the distinct identity of a municipal corporation aggressively moving
forward on a number of fronts. Whether it be the visionary Marina project, the
development of Filipino Village, the beautification of Highland Avenue or the creation of
the Education Village in Downtown National City, more things 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 Development Commission, National City is
in a race to re -position itself as a great City with bustling commerce, historic significance, a
great urban forestry plan, strengthening of ethnic neighborhoods and experimenting with
what makes Downtowns work in the 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. To make the Downtown district
and community better, commercial and institutional property owners must look at new
ways of funding special benefit services to clean up the district as well as promote the area.
Such special benefit services could include bringing a new identity to the Downtown
business district, funding new gateway signs to the district, regular sidewalk sweeping,
sidewalk steam cleaning, removal of bulky items, trash receptacle emptying, providing
private security services above and beyond that of the National City Police Department,
aiding in the coordination of homeless intervention services, proposing solutions to parking
problems, initiating beautification programs, tree planting and maintenance, coming up
with new marketing and promotions programs, defining greater visual linkages to the 8th
Street "Trolley stop as well as serving as an advocacy group of business and property
own ers.
This proposed Downtown National City YRID or special benefits district would be funded
through an assessment levied on each and every parcel in the finalized and approved
boundaries in Downtown. Affected property owners have determined the exact costs of
funding these special benefit services. All properties, public and private, would he included
in (his new assessment district.
In early April, a survey was mailed to every property owner within the initial study aira.
The area included all parcels on National City Blvd. between 2"'' Street on the north, 1 L"'
Street on the south, and along 8th Street from the Trolley Stop on the west to E Avenue on
the cast.
There are 153 parcels in the proposed district, represented by 96 property owners. The
district is approximately 34 square blocks. The database compiled by New City America,
Inc. reveals the following data that would create the material basis for the apportionment
of assessments throughout the district:
• 1,465,301 square feet in total lot size;
• 448,344 square feet in total building size;
• 21,744 linear feet in total frontage
The survey results were quite stunning. The results of the survey were as follows:
NUMBER OF RESPONSES:
Respondents represented the following property variables:
Lot size:
Building size
Linear Frontage
522,523 square feet or 35% of the total
240,713 square feet or 54% of the total
8,248 linear feet or 37% of the total
Of those who responded to the survey, the following respondents, (by weight) demonstrated
their support for creation of the PBID:
Responses from Property Owners Who Returned PBID Survey
Response
Lot Size
Building Size
Linear Frontage
Support Formation
76%
88%
77%
Oppose Formation
24%
12%
23%
Of those who responded, the following represent support of specific special benefits funded
by the PBID:
➢ 61% had owned their property fur 9 years or less;
Y 73% were sole proprietorship or family owned properties
➢ 52% believed that National City had been portrayed negatively by the major media
in the last few years;
Y 84% believed that Downtown was unsafe or "safe, however suffers an image as an
unsafe district;"
➢ 54% would support property owners funded special benefit security services;
➢ 54% feel their customers would not feel safe walking from the corner of 8'/' and
National City Blvd. and the'Crolley Stop;
• 64% would support initiation of property owner funded regular sidewalk/gutter
sweeping and steam cleaning services;
4
➢ 70% support property owner funded special events to improve the identity of
Downtown;
Based upon this level of support, the Downtown National City PBID .Steering.Commiltee is
presenting the following to all Downtown Property Owners for their consideration:
PROPERTY VARIABLES TO BE ASSESSED:
Three property variables will be usedto fund the special benefit services of the district.
Those variables will include: lot or parcel size, building square footage, and linear
frontage. Each of these variables can be verified by County records. By law, the district
can only fund special benefits, not general benefit services. Building square footage will be
further categorized by "use", (retail, hotel, church, public building, office, ete). Usc
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 he funded. Finally, a component for administration/corporate affairs and
contingency/reserve will be included iu 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 disestablishrnents procedures.
BENEFIT ZONES:
There will be two benefit zones in the proposed district. Benefit Zones are determined by
the level and frequency of services to one sector of the district, vs. another. For example,
the core area parcels along National City Boulevard between 2"d and 12th, as well as 8fi'
Street from the freeway bridge to A Avenue, will constitute Benefit Zone 1. All other
parcels in the district will fall into Benefit Zone 2.
ANNUAL BUDGET:
The annual first year budget is anticipated to be $240,722.01. Benefit Zone 1 parcels will
pay a premium due to increased services' and increased benefits anticipated to be derived
from the formation of the district. Building use will determine the annual building square
footage costs, by Benefit Zone. The proposed building uses have been categorized as
follows. Each parcel has been analyzed to determine proper category of use and therefore
benefit: (internal parking built into structure will be credited to overall building size).
5
APPORTIONMENT OF BUILDING USES:
_Buildin ' Use Code Description of Use
A Retail s i ace, hotels, motels, visitor related
B Office and Commercial uses, Independent, free standing parking structures
C Industrial/Manufacturing/Distribution
D Institutional School, public, park Church, Tax-exempt properties
E Multi -unit housing, apartments (20 writs or more)
F Multi -unit housin?, a artmcnts (9 -- 19 units)
C Multi -unit housing, apartments (2 — 8 units)
H Single Family housing units (not to exceed $240 per year)
I Condo units - $ 240.00 flat fee per year
Approximately $146,095.30 (61%) of the assessments will be generated from parcels within
Benefit Zone 1. The balance, $94,626.71 (39%) will he generated from Benefit Zone 2
parcels.
COST:
Downtown National CityPBID First Year Costs by Property Variable
PROPERTY VARIABLE
ANNUAL COST
BENEFIT ZONE 1
ANNUAL COST
BENEFIT ZONE 2
TOTAL GENERATED
BY VARIABLE
Lot Square Footage
$ 0.0841 per
square foot per
year
$0.0757 per square
foot per year
$118,053.09 (49%)
Building Square
Footage (range)
$ 0.1485-$0.1886
per square foot
per year
$0.1485-$0.1697 per
square foot per year
$80,075.68 (33%)
Linear Frontage
$1.8264 per linear
foot per year
$1.8264 per linear
foot per year
$39,713.24 (17%)
Single Family Home
and Condo Annual
Fee
$ 240.00
$240.00
$2,880.00 (1%)
Total Annual Budget
$240,722.01
ANNUAL ADJUSTMENTS:
The Board of Directors of the Management Corporation will be given the option to increase
the assessments annually based upon the San Diego County regional CPI indicator or by an
amount not to exceed 5% from the previous year's assessments.
The Management Corporation shall have the right to shift allocations within the four
categories as they feel appropriate and as long as it remains consistent with the intent of the
plan. The Board shall also have the right to shift up to 10% per year from category to
category, each year, as needs change with the priorities of special benefits.
C
PART 11
ADDRESS SERIES, GENERAL STREET BOUNDARIES
LOCATION: In general, the Downtown National City P131D includes all private and public
parcels within the following boundaries:
Street Address Series
704-724
827
811 — 817
831 -• 835
41 — 43
14 - 35
10
22-404
Street Name
A Avenue
B Avenue
C Avenue
419
810 - 925
205 — 1146
225 — 1133
25-38
21
30
I) Avenue
E. 12h—St.
E. 374- St.
E. 51h St.
E. 8'-t St.
•
E. 9 St.
21 -27
21
110-200
111- 225
32 — 121
hoover Avenue
National City Blvd.
Roosevelt Avenue
W. 11`h St.
W. 12'h St.
.1
W.2" Aevnue
W. 3rd Avenue
W. 7'h St.
W. 8cwSt
W. 9th St.
W. Plaza Blvd.
PART.(I.I
WORK PLAN AND BUDGET
SERVICES:
Special benefit services to be financed by the Downtown National City Boulevard Property
Business improvement District will primarily include funding the following types of
services. Based upon the survey results of the property owners, and esti►nated costs and
services, the preliminary special benefits funded by the Downtown National City Property
Business Improvement District are as follows:
Proposed Downtown National City PBID:
1. Public Rights of Way and Sidewalk Operations (PROWSO)
• Sidewalk sweeping;
• Beautification;
• Decorations and banners;
• Enhanced trash receptacle placement and regular emptying;
• Removal of bulky items;
■ Tree and shrub planting and maintenance
■ Work with City on hazardous issues;
■ Maintenance of public order in the sidewalks;
■ Homeless intervention;
• Equipment, supplies, tools;
• Misc.
2. District Identity and Streetscape I►nprovement.(DISI)
(Predominantly in Benefit Zone 1)
■ Special events (1 per year);
- Web site;
■ Pedestrian kiosks/signage
• Underwriting advertising coop for hotel and retail
3. Administration and Corporate Operations:
• Staffing;
■ Insurance;
■ Office related expenses;
• Misc.
4. Contingency/Reserve:
• Delinquencies;
• (:ity costs;
• County costs;
• Hardship;
• Reserves;
8
Consistent with state law, any property assessment district must confer a special benefit to
real property owners paying into the assessment district. At times, specific parcels will
derive greater benefit, due to their proximity to a "core" area. These cure and peripheral -
parcels, will from time to time, be designated through "benefit zones." "rhe Downtown
National City PBII) 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 $th 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"-to i21i' Street
8'r' Street from the freeway bridge to A Avenue
All other streets iu the district not included in Benefit Zone 1
TABLE 1 -- FREQUENCY OF SPECIAL BENEFIT SERVICES BY .BENEFIT ZONES
Special Benefit Service
Public rights of way and
sidewalk operations
(PROWSO)
District Identity and
Streetscape Improvements
(DISD
• Special Events
• Holiday Decorations
Administration/Corporate
O , eralions
Benefit Zone I
Frequency
6 days per week
Through
programs
Once per year
Seasonally
Monday -- Friday
9
Benefit Zone 2
Frequency
4 days per week
Through programs
None
None
Monday — Friday
PART IV
ASSF;SSNI! N r.METHODOLOGY TO FUND SPECIAL. BENF.FITS
BUDGET: The first year annual budget is projected to be $240,722.01. Annual
adjustments of up to a maximum of 5% over the previous year's gross assessment amount
are allowable, subject to the approval of the Downtown National City Property Business
Improvement District Management Corporation.
TABLE 2 — SPECIAL BENEFIT SERVICES BROKEN DOWN BY ESTIMATED COSTS
PER BENEFIT ZONE
PROWSO Personnel Estimated Costs
Service
PROWSO:
• Sidewalk Sweeping;
• Beautification
• Decorations and banners
• Enhanced trash receptacle
emptying
• Removal of bulky items
• Reporting hazards to City;
• Removal of bulky items;
• ']Yee and shrub planting and
maintenance
• Maintenance of public order
• Homeless intervention
ESTIMATED PERSONNEL NEEDS*
Estimated maintenance personnel costs
Total Estimated Personnel Cost
Benefit Zone 1
6 days per week
As needed
As needed
As needed
As needed
Daily
As needed
Weekly
As needed
As needed •
%2 cost of Supervisor;
($ 23,040)
I maintenance worker,
full time, 40 hours per
week ($27,850)
1 maintenance worker,
six days per week, 48
hours ($30,720)
I0
$81,610
Benefit Zone 2
•4 days per week
As needed
As needed
As needed
As needed
Daily
As needed
Weekly
As needed
As needed
cost of Supervisor;
($23,040)
I maintenance worker,
full time, 40 hours per
week ($27,850)
$ 50,890--
S 132,500
*THE PURPOSE OF THIS CALCULATION IS TO PROVIDI4.1 A MATERIAL BASIS
FOR '(HE P.R.O.W.S.O. PERSONNEL COSTS. THE ADIMMINISTERINC;
CORPORATION CAN CONTRACT OUT THESE SERVICES TO A FOR -PROFIT OR
NON-PROFIT CORPORATION, OR PROVIDE THE SERVICES IN HOUSE. THESE
COSTS ARE ONLY USED AS A REFERENCE, TIIE .LINE ITEM IN THE BUDGET
FOR THE P.R.O.W.S.O. PERSONNEL IS ESTIMATED TO BE S132,500.00
ANNUALI,Y.
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
131Ds. One Source's rates on labor include workers comp, payroll taxes, check
disbursement, health benefits, vacation and sick time. Most importantly, these are
contracted employees and therefore release the management corporation of payroll and
personnel related liabilities. Total overhead factor of employees, fully loaded, is about 1.6
in an overhead factor from the base wage rate. Supervisor rate was calculated at $ 12.00
per hour, and maintenance workers at $8.00 - 9.00 per hour, starting pay.
We reiterate that this is simply a tool for calculating costs of maintenance personnel. The
free market, and competitive bidding may produce higher and better results. It is the job
of the management corporation to maximize the delivery of special benefit services to the
property owners based upon various category and line items of services. The function of
this crew is to deal with all services in the public rights of way, including but not limited to:
sweeping, beautification, decorations, security, etc.
TABLE 3 — SPECIAL BENEFIT SERVICES/P.R.O.W.S.O. NON -PERSONNEL ANNUAL. COSTS
INCLUDING EQUIPMENT AND MATERIALS
PROWS() Equipment and Materials
Truck lease, insurance
Uniforms
Connnunications
Supplies
Water
Dumpster costs
Nursery Items
Estimated Annual Cost
$ 6,000
Small Equipment
Miscellaneous
Total Estimated Annual Equipment Costs
$ 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
t must be made for these costs whether done in-house of to an outside contractor. In
addition, this budget does not assume any giants from public agencies or foundations that
could underwrite the costs of equipment. Nor does it assume that the City would pay for
landscaping water related costs or dumpster removal fees, both of which could be
negotiated with the CI)('.
TABLE 4 - DISTRICT IDENTITY AND STREETSCAPE IMPROVEMENTS
SUGGESTED BUDGET ITEMS
Program to be funded/Both Benefit Zones
Special events (1 per year);
Logo Creation (First Year only)
Web site creation and maintenance
Pedestrian kiosks/signage annually
Estimated First Year Annual Cost
$ 5,000
$ 1,000
$ 4,000
$ 4,000
Total Estimated First Year Annual Costs
$ 14,000
TABLE 5 — ADMINISTRATION AND CORPORATE OPERATIONS
SUGGESTED ALLOCATIONS
Program to be Funded
Staff (Community Advocacy, retail attraction,
Corporate minutes, administration to Board)
Insurance
Estimated First Year Annual Cost
$ 26;000
Office rent
Phone/Fax
$ 3,000
$ 6,000
E-mail Service
Office supplies
Office Equipment
Utilities
$ 1,000
$ 800
$ l ,000
$ 2,000
$ 1,200
Total Estimated Annual Costs
$ 41,000
TABLE 6 — SPECIAL BENEFIT SERVICES/CONTINGENCY -
RESERV E ANTICIPATED NEED
Program to be Funded
County Costs (1.7% of total assessments
City costs ($500.00 per year)
No -pays, (uncollected assessments) (?)
MisclReserve (Balance of expenses)
Estimated First. Year Cost
Total Estimated Annual Costs 1 $ 12,772.01
12
TABLE 7 — TOTAL FiRS'F YEAR DOWNTOWN NATIONAL CITY SPECIAL BENEFIT SERVICES
BUDCET LINE ITEMS BASED UPON SUGGESTED PROGRAMS AND ALLOCATIONS
Program
Public Rights of Way and
Sidewalk Operations —
Personnel and Rquipinent for
All Benefit Zones
District Identity and
Streetscape Improvements
Administrative/Corporate
Operations
Contingency/Reserve
First Year Allocation
$ 173,00(1.00
Total Estimated First Year
Costs of Programs
$.14,000.00
$ 41,000.00
$ 12,722.01
of Total Budget
72 %
6%
$ 240,722.01
17%
5%
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 he used as the basis for special benefits assessments due to the
introduction of Proposition 13 into the state constitution in 1978. There are at least four
basic factors that will be used in determining individual assessments. These factors include
1) linear frontage, 2) land area and 3) building square footage, 4) building use. The
assessments for the Downtown National City PBID are based upon these variables, which
have been endorsed by the property owners as the most fair and equitable for
apportionment of assessments to participating parcels. Linear frontage will be assessed on
all sides of the parcel receiving benefit.
PBID assessments would be collected annually by the Sau Diego County tax assessor and
would appear as a line item on the annual property tax bills. The assessments are collected
by the County and transferred to the City of National City. They are then transferred
directly to the Downtown National City PBID Management Corporation. The funds are
then allocated consistent with the previously agreed upon programs in the Management
District Plan.
TABLE 8 - .TOTAL GROSS DOWNTOWN NATIONAL CITY PBID PROPERTY VARIABLES
Property Variables
• Lot Size
Building Size
Linear Feet
L
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
nnnlioned property variables. 'There are about 34 square blocks in the district.
13
Apportionment oLCosts to Property Variables used in the Assessment Methodology
As is common practice, various property variables fund different special benefit services in
the district. We have employed an assessment methodology that ive believes supports the
relationship between assessments paid and benefits received. The following programs and
services must confer a special benefit to real property owners to be consistent with Article
XIII (d) of the state constitution.
ANNUAL BUDGET:
The annual first year budget is anticipated to be $240,722.01. Benefit Zone l parcels will
pay a premium due to increased services and increased benefits anticipated to be derived
from the formation of. the district. Building use will determine the annual building square
footage costs, by Benefit Zone. The proposed building uses have been categorized as
follows. Each parcel has been analyzed to determine proper category of use and therefore
benefit: (Internal parking built into structure will be credited to overall building size).
TABLE 9 - DEFINITION OF BUILDINt;/LAND USES:
Building Use Code
A
B
C
D
E
F
II
1
Description of Use
Retail space, hotels, motels, visitor related
Office and Commercial uses, Independent, free standinpzparking structures
Industrial/Manufacturing/Distribution
Institutional (School, public, park Church; Tax-exempt properties
Multi -unit housing, apartments (20 units or more),
Multi -unit housing, apartments (9 — 19 units)
Multi -unit housing, apartments (2 — 8 units)
Single Family housing units (not to exceed $240 per year)
Condo units, $ 240.00 flat fee per year
The proposed apportionment of special benefits to the various property variables are as
follows:
14
TABLE 10— APPORTIONMENT OFSERVICES TO PROPERTY VARIABLES
Program to be Funded
PROWSO:
• Mainten.ance Personnel
• Maintenance Personnel
Non -personnel, equipment
DISTRICT IDENTITY AND
S'TREETSCAPF, IMPROV F,M EN'I'S:
• Special events (1 per year)
• Logo creation
• Web site creation/maintenance
• Pedestrian kiosks/signage
Benefit Zone
1
($81,610)
2
( S50,890)
1, 2
($ 40,500)
1
($5,000)
1, 2
(S1,000)
1, 2
($ 4,000)
1, 2
($ 4,000)
Apportioned to Variable
%z to all building square footage,
'h to all lot size in Benefit Zone 1
''/ to all building square footage,
'V 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
1, 2
($ 41,000)
Apportioned equally to all lot size
in both zones
CONTINGENCY/RESERVE
1, 2
($ /2,722.01)
Apportioned equally to all lot size
in both zones
'1'be assessment methodology annual costs are summed up in the following table:
15
TABLE 11 -- ANNUAL COSTS PER SPECIAL BENEFIT SERVICE AND BENEFIT ZONE
Benefit
Zone
Lot Square foot
annual costs
1
Benefit
Zone
$0.0841
Building square foot
annual costs
a. $0.1886
b. $0.1696
c. $0.1696
d. $0.1577
e. $0.1485
f. $0.1485
t. $0.1485
Building square foot
annual costs
a. $0.1697
b. $0.1697
c. $0.1697
d. $0.1578
e $0.1485
f. $0.1485
t. $0.1485
(rondos and Single
family homes
Lot Square foot
annual costs
2
Both
$0.0757
Linear frontage
annual costs
$1.8264
Contribution
to total budget
$146,095.30
Linear frontage
annual costs
$1.8264
Contribution
to total budget
$94,626.71
$ 240.00 per
year per unit
Approximately $146,095.30 (61 %) of the assessments will be generated frorn parcels within
Benefit Zone 1. The balance, $94,626.71 (39%) will be generated from Benefit Zone 2
parcels.
CONDO FACrOR:
It is unknown at this point how much future condos will contribute to the district. Since
the condos are being built in mixed use or commercially zoned areas, they are not exempt
from payment into the assessment district. The condo owners will derive and appreciate
the special benefit services they will receive from the cleaning and beautification services in
the district. Provisions will be made to avoid a property variable and unit assessment for
condos. Once a parcel or parcel(s) have been converted to condos, the per unit fee will kick
in, however that parcel will have its linear frontage, building square footage and lot size
deleted as a variable to be assessed. For example, if a 5,000 square foot lot is converted
from a parking lot to a 10 unit condo development, that parcel will be reassessed to capture
the $2,400 condo assessments annually now generated from that parcel (10 x $240.00 per
year). Simultaneously, the property variables of that parcel, will be eliminated from the
overall PBID database so the new condo owners are not doubly assessed for their property
variables and condo units. Condos and residentially utilized single family residences will
pay the same flat fee per year into the district. Condos will be fully assessed once they have
been constructed and parcelized. Condos under construction shall pay $240, less a 50%
reduction until completed and parcelized.
16
TABLE 12 - DOWNTOWN NATIONAL CITY PRI1) FIRST YEAR COSTS BY PROPERTY VARIABLE
PROPERTY ANNUAL COST
VARIABLE BENEFIT ZONE 1
Lot Square Footage $ 0.0841 per square
foot per year
Building Square $ 0.1485-$0.1886 per
Footage (range) s i uare foot per year
Linear Frontage $1.8264 per linear
foot per year
Single Family Hone $ 240.00
and Condo Annual
Fee
Total Annual
Budget
ANNUAI. COST
BENEFIT ZONE 2
$0.0757 per square
foot per year
$0.1485-$0.1697 per
square foot per year
$1.8264 per linear
foot'per year
$240.00
DOTAL (.GENERATED
BY VARIABLE
$118,053.09 (49%)
$80,075.68 (33%)
$39,713.24 (17%)
$2,880.00 (1%)
$240,722.01
TABLE 13 - AMOUNTS GENERATED BY DOWNTOWN NATIONAI. CITY PBID
Property Variable
Parcel or Lot Size
Building Square Feet
Linear Frontage
Single Family IIome
and Condo Annual Fee
Total Assessments, First
Year —Tloth Zones
Total Gross Variable,
Both Benefit Zones
1,465,301.
448,344
21,744
Amount Generated First
Year
$118,053.09
$80,075.68.
12
$39,713.24
$2,880.00
$240,722.01
11
PART V
RELEVANT ENABLING LEGISLATION, AB 1021
The relevant enabling PBID legislation, which allows the property owners of Downtown
National City to fund these special benefit services, is to be found in...
• Section 36600 of the California Streets and highway Code known as the Property
Business Improvement District Law of 1994. (Amended in 2000, 2003)
On July 20, 2001, Governor Gray Davis signed AB 1021, approving changes to the
Property. Business improvement District Law of 1994, (Cal. Streets and Highway Code
Sections 36600 et. Seq.) which changes several procedures involving PBIDs. The law
became effective on January 1, 2002.
The major change within the law is the establishment of an "Owner's Association." This
Association will be a private, non-profit entity that will contract with the City to manage
the PBID. It will he subject to the Brown Act (Ca. Government Code Sections 54950 et
seq.) and the California Public Records Act (Cal Government Code Sections 6250 et seq.).
however, the Association will not he considered as a public entity for any other purpose.
Similarly, any board members or staff will not be considered public officials.
Under the amended law,all property owners who do not pay assessments will be subject to
penalties for delinquent payments. The amended statute also provides provisions for
renewal of the PBID. If the PBID is renewed after its first term (up to five years), the funds
from the prior district may be used in the renewed district only for the benefit of the
parcels within the boundaries of the prior district. If no parcels from the prior district are
within the renewed district, the funds must be returned to the property owners. Also, upon
renewal, a district may be renewed for up to ten years.
These changes clarify issues regarding PBID operations and formation and the status of the
non-profit organizations that manage PBIDs in the aftermath of the court ruling in Epstein
vs. the Hollywood Entertainment District. The Epstein decision classified non-profit
organizations that managed PBIDs as public entities for purposes of the Brown Act.
The issue has been raised that if the organizations were public entities for the Brown Act,
could they also be public entities for other acts, such as the Political Reform Act. The
changes in the new legislation ensure that these PBID and BID Management Corporations
are not considered public entities for any California law except the Ralph M. Brown Act
and the Public Records Act.
Proposition 218 (Article XIII D of the state constitution) states in Section 4 (a):
"No assessment shall be imposed on any parcel which exceeds the reasonable cost of the
proportional benefit conferred on that parcel. Only special benefits are assessable, and an
agency must separate the general benefits from the special benefits conferred on a parcel."
18
L'ORM1A'I'ION:
• District foru►alion requires submittal of petitions from property owners
representing at least 50% of the total assessment. The "Right to Vote on Taxes Act'
(Proposition 218) requires that more than 50% of the ballots received, weighted by
assessment, be in support of the District.
• This petition support ensures that the mail ballot procedure will be successful in the
formation of the district. Once the necessary threshold of petitions have been
collected, the management district plan will then be submitted to the City to begin
processing the public hearing. With the adoption of an ordinance of intention, the
City Council will authorize the City Clerk to send out the mail ballots to all affected
property owners to determine their support for the establishment of the district.
• When all is said and done, the first assessments should be collected with the annual
property tax bill in December 2004 with the Management Corporation receiving its
first installment payment in January 2005.
DURATION:
• Pursuant to State Law, the District will have a set term. The proposed district will
have a five-year life commencing January 1, 2005. After five years, the petition
process must be repeated for the District to be re-established.
19
TIME. LINE AS SPECIFIED BY LAW:
The district must be established to take advantage of the County's tax assessment
notification schedule. Mindful of that, all property related assessment districts must be
established by the end of July in any calendar year, in order to have assessments levied on
parcels for the upcoming fiscal year. In our case, the district must be established through
an assessment ballot proceeding in late July 2004, in order to notify the County in time for
the 2004-05 fiscal tax year. The first assessments would then appear on the property tax
statements due in December 2004. In order to take advantage of this schedule, as well as to
generate revenues in early 2005, the following time line has been adopted to ensure timely
funding of special benefit programs:
To work effectively, we must look atthe completion date and work backwards:
Date must be completed by
July 20'1', 2004
June 8'h
MayIs1 June 7`h
April 30'h
April 20, 2004
Task to be completed
Public hearing/assessment balloting proceeding, ballots
counted by weight
Resolution of intent by City to establish the district
Property owners representing 50% of the weight, based
upon assessments to be levied, must sign petition endorsing
the management district plan;
Assessment engineer. certifies plan as compliant with
Proposition 218
Finalize management district plan including special benefit
services to be provided, duration of district, boundaries,
benefit zones, assessment methodology, administration, etc.
Initiate petition drive
First rough draft Management District Plan submitted to
PBII) Steering Committee
20
PART VI
ENGINEER'S .REPORT, EXEMPTIONS, ANNUAL ASSESSMENT•
INCREASES AND THE DURATION OF TIIF. 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 fax bills prepared by the
San Diego County Tax Assessor. Property tax bills are generally distributed in the Fall
and payment is expected by lump sum or in two installments. The County Assessor shall
distribute the assessments to the City who will in turn then forward them to the designated
Downtown National City PBID Management Corporation pursuant to the authorization of
this plan. Existing laws for enforcement of property taxes apply to the Management
District assessments.
The assessments shall be collected at the same time and in the same manner as for any
possessory interest tax paid to the County of San Diego. These assessments shall provide
for the same lien priority and penalties for delinquent payment as is provided for the
possessory interest tax.
The "property owner" of the possessory interest shall be any person as the owner/taxpayer
on the last equalized possessory interest assessment roll or otherwise known to be the
owner/taxpayer by the. City Council. The City Council has no obligation to obtain other
information as to the ownership of the interest, and its determination or ownership shall be
final and conclusive for the purposes of this district.
21
C. Publicly Owned Parcels and Government Assessments:
The Downtown National City PBID Steering Committee assumes that the City of National
City, The Community Development Commission, Southwestern College, the County, the
Unified School District, the State of California and any other publicly owned parcels will
pay assessments for the special benefits conferred upon government owned property within
the boundaries of the PBID.
Article XIII D of the California Constitution, (Proposition 218), explains the basis for
assessing publicly owned parcels:
"Parcels within a district that are owned or used by any agency, the State of California
or the United Slates shall not be exempt from Assessments unless the agency can
demonstrate by clear and convincing evidence that those publicly owned parcels in fact
receive no special benefit.
D. Annual Assessment Adjustment:
The PBID Management Corporation, will he granted the option of increasing the
assessments annually based upon the Consumer Price Index of San Diego County or by a
flat amount, not to exceed 5% per year.
E. District Duration:
Pursuant to State PBID Law, the Downtown National City PBID will have a duration of
five years, commencing on January 1, 2005 and extending through December 31st 2009.
This is the maximum period allowable for a new PBID under state legislation. Any
continuation of the District after its five-year period will require compliance with all
regulations and statutes in place at the time relative to the establishment of the new PBID.
22
PART VII
DISTRICT GOVERNANCE AND THE
DOWNTOWN NATIONAL, CITY P.B.I.D.
MANAGEMENT CORPORATION
A few rules and regulations should he considered by the Downtown National City 1'BII)
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 front any vote in which a potential conflict of interest
is apparent. Such potential conflicts include, hut 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.
"I �
APPENDIX A
MAP OF THE DISTRICT
L`1
ifi
tj
• • j t
1 ,
-•ti• .„ i
t.,„?‘• I : f
fTr
; . IJj
; I •
I ; ! •
-I ILJ
'P r 1/
IV/
‘7, *Ill City la!vd.
•
g! A
I : i ..
',,, _ 4., L „.j, i1
ili ii ' i $ "
i • '
‘ ..., - • , ! •'-
„
1 I
: 1 :, I ;• i 11' !
.-... ... — . .. -
110,31•,,11
. —
! 1
•
1
I
!!'
- • 1 ; I ,
!!!,
N..,
1\\,,NN
APPENDIX B
FIVE-YEAR PROJECTION 'OF THE ASSESSMENTS
ASSUMING THE MAXIMUM ANNUAL INCREASE
25
Downtown National city P.B.I,D.
FIVE YEAR PROJECTION OF ASSESSMENTS
WITH 5% ANNUAL ADJUSTMENT
P-c;_ected Budget
i 2005
5%
2006
5%
2007I 5%1
2308
5/.
2009
I outio Rights o' Way and
Sidewals Ccerat'ors
$173,00C.00-
58,650.00
Ij
$181,650.00 I
59,082.5C
Ij
;
$190,732.50
59,536.63
,
' $200.269.13
$10.013.45
$2210,282.58
I
IDis:not Iden:it/ and
I Slreetscaoe lrcprovernents
514,000.00
$700.00
$14,700.00
5735.00
$15.435.00
$771.75
515.206.75
$810 34
I
$17,317:09
ACministratvei ;orporate
'Operations
541,000.00
$2,050.00
$43.050.00
$2.152.50
$45,202.50
'
52,260.'3I
I
$47,462.63 52,373.13 549.835.7E
Cartineercy'Reserve $12,722.01
$636.10
513,358.1'1
j
$567.9' L
$14,026.02
$701.30 (
$14,727.32 $736.57 [ $15.463.68 i
Total 1 $240.722.01
$12.036.10
3252 758.11 I
S12,637.91 f
$265.396.C2 1- $13.269.80 1
1
5278.665.82 I 313.933.29 5292,599.11
618;74
APPENDIX C
LIST OF PARCELS INCLUDED IN THE DISTRICT
NA'rIONAI, CITY PBID
PARCELS TO DE ASSESSI'0
Annual APN Annual APN Annual
Assessment Assessment Assessment
,,,30 01 00 $240 00 555 052 15,00 $2,361 .54 555 114 03 00 $215.59
030 02 00 $421.32 555 053 17 00 $22,185.90 555 114 04 00 $220.14
030 03 00 $0.00 555 054 12 00 $6,377.83 555 114 05 00 $452.48
030 04 00 $0.00 555 081 09 00 $510.24 555 114 06 00 $652.46
030 05 00 $740.00 555 081 10 00 $267.23 555 114 07 00 $1,151.14
030 06 00 $0.00 555 081 14 00 $396.50 555 114 11 00 $330.42
030 0/ 00 $240.00 555 08t 15 00 $216.138 555 114 12 00 $1,594.28
030 08 00 $1,358.46 555 081 16 00 $695.37 555 114 13 00 $1,569.62
030 09 00 $278.41 555 081 17 00 $1,992.94 556 101 01 00 $1,(314.58
• 030 10 00 $339.52 555 082 01 00 $1,855.29 556 101 02 00 $1,815.33
030 11 00 $270.50 555 082 02 00 $244.19 556 101 15 00 $5,492.84
• 030 12 00 $344.51 555 082 03 00 5527.88 556 101 16.00 $2,276.33
030 13 00 $282.92 555 082 04 00 $399.68 556 104 01 00 $2,485.63
030 14 00 $51)0.53 555 082 05 00 $1,137.98 556 104 02 00 $240.00
030 17 00 $1,089.50 555 082 06 00 $960.23 556 104 18 00 $1,820.45
030 20 00 $4,997.45 555 082 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
, 030 22 00 $6,609.58 555 083.21 00 $1,1346.65 556 210 27 00 $1,077.40
i 041 01 00 5878.28 555 083 22 00 $5,094.43 556 212 01.00 $240.00
i 041 02 00 $472.48 555 083 23 00 $2,989.50 556 212 02 00 $240.00
i 041 03 00 $3,616.36 555 083 24 00 $5,751.78 556 212 03 00 $496.74
i 041 04 00 $1,063.44 555 085 01 00 $622,48 556 212 04 00 $276.94
i 041 05 00 $570.74 555 085 02 00 $240.00 556 212 05 00 $419.14
i 041 06 00 $571.49 555 085 03 00 $240,00 556 212 06 00 $563.61
i 041 07 00 $694.46 555 085 04 00 $464.11 556 212 07 00 $754.77
i 041 08 00 $511.82 . 555 085 05 00 $2,791.35 556 331 03 00 $249.09
i 041 09 00 $511.82 555 085 06 00 $187.37 556 331 04 00 $505.91
', 041 10 00 $1,206.28 555 085 0/ 00 $4,258.90 556 331 05 00 $1,181.45
i 042 10 00 $1,080.70 555 113 04 00 $808.87 556 331 14 00 $2,439.68
i 042 15 00 $3,104.82 555 113 05 00 $792.75 S56 331 15 00 5926.31
i 042 17 00 $3,458 95 555 113 08 00 $1,269.33 556 331 20 00 5/48,13
, 042 18 00 $7.001 7i 555 113 11 00 $2,084,78 556 331 21 00 52•l20.06
J52 04 00 S694.46 555 113 12 00 $1,569.72 556 331 22 00 $1,255.39
i 052 05 00 $649.75 555 113 13 00 $1,133.05 556 331 23 00 $566.21
i 052 OG 00 $471.60 555 114 01 00 $240.00 556 331 24 00 5/ 15.80
i 05? 14 00 $2,453.40 555 114 02 00 $240.00 556 331 25 00 $3,133.35
NATIONAL CITY PB[T)
PARCELS TO riF. ASSESSED
APN Annual APN Annual
Assessment Assessment
556 332 20 00 $1,764.62 556 553 09 00 $515.54
556 332 21 00 $535.59 556 553 12 00 $567.57
556 332 22 00 $375.86 556 553 13 00 $526.29
556 332 23 00 $253.70 556 554 16 00 $4,415.42
556 332 24 00 $1,409.83 556 554 17 00 $6,245.33
556 333 15 00 $2 626.38 556 554 18 00 $1,195.18
556 333 17 00 $4,907:21 556 554 19 00 $569.85
556 333 18 00 $522.19 556 554 20 00 $1,205.03
556 334 19 00 $2,101.81 556 554 21 00 $1,568.79
556 334 20 00 $282.35
556 334 21 00 $410.30
556 334 22 00 S452.14
556 471 03 00 $2,233.31
556 471 04 00 $575.76
556 471 16 00 $1,585.34
556 471 17 00 $2,69126
556 471 23 00 $4,830.57
556 471 24 00 $3,673.51
556 472 23 00 $2,019.79
556 472 24 00 $527.74
556 472 26 00 $3,056.70
556 472 27 00 $265.95
556 473 15 00 $1,526.52
556 473 16 00 $792.75
556 473 17 00 $962.08
556 474 01 00 $1,610.56
556 474 02 00 $739.54
556 474 21 00 $2,527.99
. 556 493 01 00 $1,290.96
SSG 493 04 00 $934.44
556 493 05 00 $240.00
556 553 01 00 $694.46
556 553 02 00 $357 (5
556 553 03 00 $409.23
556 553 04 00 $616.95
55G 553 0500 $1,592.79
AI'N
Annual
Assessment(
APPENDIX f)
ENGINEER'S REPORT
27
Edward Henning&Associates
URBAN RF.VTTAI.IZATION • FUIJNDING .'
Downtown National City
Property Business Improvement District
CITY OF NATIONAL CITY - CALIFORNIA
DISTRICT
ASSESSMENT ENGINEER'S
REPORT
Prepared by
Edward V. Henning,
California Registered Professional Engineer # 26549
Edward Henning & Associates
Phelan California
June 1, 2004
13330 Butteinere Rd • Phelan CA 92371 • (760) 868-9963 - (fax) (760) 868-6490 • uue(I2(<)earthlink.net
ATTACHMEi
Edward Henning & Associates
URBAN REVITALIZATION • FUNDING
DISTRICT ASSESSM ENT ENGINEER'S REPORT
To Whom It May Concern:
I hercdry certify to the best of my professional knowledge. and experience that each of the identified benefiting
properties located within the proposed Downtown National City Property Business Improvement District will receive
a special benefit over and above the benefits conferred on the public at large and that the amount of the proposed
assmnent is proportional lo, and no greater than the benefits conferred on each respective property.
eciec....(0,/
Prepare • by Edward V. Henning, California Regi.stered Professional Engineer It 26549
Edward V. Hen
•
RPE #26549 June 12004
Date
(NOT VAIJD W17 JIO U7' E,\tBOSSED CERTIFICATION Sh 4 L AND SIGNATUR is HERE)
Introduction
This report shall serve as the "detailed engineer's report" required by Section 4(b) of Article XI11D of the California
Constitution (Proposition 218) to support the benefit property assessments proposed 10 be levied within the
Downtown National City Property Business Improvement District (Downtown National City PB1D)nn 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 spec ial benefits derived by
properties within the Downtown National City PBID.
NO M 1: The terminology "identified benefiting parcel" or "property" is used throughout this report pursuant to SII
919 - "Proposition 218 Omnibus implementation Act" which clarified portions of Prop 218. It provides the Engineer
and District Consultant with the ability to actually identify individual parcels which will benefit directly either in
whole or in part from the proposed DisUict funded propams and improvements and does not imply that all parcels
receive assessable benefits
13330 Butlemere Rd • Phelan CA 92371 •(76o) 868-9963 • (fax) (76o) 868-6490 • mred2Capcarthlink.net
Edward .l terming & Associates
URBAN REVITALIZATION • FIINDIN((..,
Background
The Downtown National City I'BID is a piopezty-bas d benefit assessment type district being established pursuant to
Section 36600 et seq. of the California Streets and Highways Code, also known as the Property and Business
Improvement District Law of 1994 (the "Act"). INre to the benefit assessment nature of assessments levied within a
PBID, district program costs are to be distributed amongst all identified benefiting properties based on the
proportional amount of program benefit each propc►ty is expected to derive from the assessments collected. Within
the Act, frequent references am made to the concept of relative "benefit" ieccived from PBID programs and activities
versus amount of assessment paid- Only those properties expected to derive special benefits from PBID funded
programs and activities may be assessed and only in an amount proportional to the relative benefits expected to be
received.
Themethod used to determine benefits derived by each identified property within a P1311) begins with the selection
of a suitable and tangible basic benefit unit. For property related services, such as those proposed in the Downtown
National City PBID, the benefit unit may be measured in linear feet of street frontage or parcel size in square feet or
building size in square feet or number of building floors or proximity to major arrridois in average linear feet, or any
combination of these factors. Quantity takeoffs for each parcel are then me:asurexl or otherwise ascertained_ From
these figures, the amount of benefit units to be assigned to each property can be calculated. Special circumstances
srrc:h as unique geography, land uses, development constraints etc. are carefully reviewed relative to specific
programs and improvements to be funded by the PBID in order to determine any levels of diminished benefit which
may apply on a parcel by parcel or categorical basis.
Based on the factors described above such as geography and nature of programs and activities proposed, an
assessment formula is developed which is derived from a singular or composite basic benefit unit factor or factors.
Within the assessment formula, different factors may be assigned different 'weights" or percentage of values.
Next, all program and activity costs, including incidental costs, district administration, ancillary programs, and
volunteer and comped resource and material credits are estimated. It is noted, as stipulated in Proposition 218, and
now required of all property based assessment districts, indirect and general benefits may not be incorporated into
the assessment formula and levied on the district properties; only direct or "special" benefits and costs may be
considered- Indirect or general benefit costs must be calculated and factored out of the assessment cost basis to
produce a "net" cost figure. In addition, Proposition 218 no longer exempts government owned property from paying
benefit assessments and these properties must be factored into the assessment roll if spel..ial benefit is detennined to
be conferred upon such proper ties.
2
13330 Butternere Rd • Phelan CA 9237r • (760) 868-9963 • (fax) (76o) 868-6490 • mred2@earthlink_net
Edward Henning& Associates
URBAN REVITALIZATION • FUNDING
From this, the value of a basic benefit unit or "basic net unit cost" can be computed by dividing the total amount of
estimated net progrun costs by the total number of benefit units. The amount of assessment for each parcel can be
computed ai this time by multiplying the Net Unit Cost times the number of Basic Benefit Units per parcel. This is
known as "spreading the assessment" or the "assessment spread" in that all costs are allocated proportionally or
"spread" amongst all pioperties within the PBTD.
The method and basis of spitcling program costs varies from one MID to another based on local geographic
conditions, types of programs and activities proposed, and size and development complexity of the district. PBIDs
may requite secondary benefit zones to be identified to allow for a tiered assessment formula for variable or
"stepped -down" benefits derived.
Supplemental Proposition 218 Procedures and Requirements
Proposition 218, approved by the voters of California in November of 1996, adds a supplemental array of procedures
and requirements to be carried out prior to levying a property -based assessment like the Downtown National City
T'13ID. These requirements are in addition to requirements imposed by State and local assessment enabling laws.
These requirements were "chaptcred" into law as Article XIIID of the California Constitution and then further
clarified by the Proposition 218 Chnnibus Legislation in 1997 chaptered in section 53750 et seq of the California
Government Code.
Since Prop 218 provisions will affect all subsequent calculations to be made in laying out the final property
assessment roll for the Downtown National City PBID, Prop 218 requirements will be taken into account first. The
key provisions of Prop 218 along with a description of how the Downtown National City PBTD 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"
- 'Fbere we 153 "identified' individual parcels within the Downtown National City PT.IID 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 arc listed as an attachment to the Plan - identified by
assessor parcel nurnber and site address. Two benefit zones have been identified within the District which generally
includes all properties along and surrounding the National City Boulevard corridor from 2"A 10 12'h and the ft
Street corridor from ibe freeway to A Avenue.
3
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Finding 2. From Section 4(a): "Separate the general benefits from the special benefits conferred on parcel(s).
Only special benefits are assessable. "
As stipulated by Prop 218, assessment district programs and activities confer a combination of general and special
benefits to district properties, but the only program benefits which can be funded through assessments are those
attributed to sp-6al property related benefits. Thus, a portion of the program costs must be considered attributable
10 general benefits and assigned a value. Conventional assessment engineering experience has found that general
benefits within a given district typically average 10% of the total adjusted costs with a 5% deviation. (Total
adjusted costs include actual proposed P131D program costs phis any additional supplemental or matching program
costs as well as applied credits from sources such as start up grants, Board/Committee member service credits and
spwalized assessment reductions/adjustments.) There are three common methods for determining general and
speCal benefit ratios within assessment districts:
(1) The parcel by parcel allocation method
(2) The program/activity line item allocation method, and
(3) The composite. district overlay determinant method.
The vast majority of PB1Ds in California have used Method 113, the composite district overlay determinant method
which will be used for the Downtown National City PB1D. Using empirical data from other PB1Ds, a focused range
for general benefits from 5-15% is used. Based on a composite of district criteria such as the shape of the
Downtown National City P131D, the existence of two benefit zones, a three-four element assessment formula, the
proximity all of district properties to the applicable program benefit zoncs, and the nature of the proposed programs
and activities, a specific `overlay" value of 5% is assigned to the general benefit portion of the total adjusted costs.
This leaves a value of 95% assigned to special benefit related costs. Since the total program cost is estimated at
S265,572.01 (see Table I later in this Report), the maximum spc ial benefit portion which can be recouped through
property assessments, is S252,293.41. Remaining costs which are attributed to general benefits, will need to be
derived from other sources. (e.g. public/private matching grants, startup grants, startup volunteer credits or ongoing
board member volunteer ctt;chils).
4
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Finding 3. From Section 4(a): "(Determine) the proportionate special benefit derived by each parcel in
relationship to the entirety of the_ cost of public improvements) or the maintenance and operation
expenses. or the cost of the property related service being provided.
The proportionate special benefitcost for each parcel is listed in an attachruent to the Management District Plan.
T1rc 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 proposed program costs reasonable due to the benefit of group purchasing and contracting which
would be possible through the Downtown National City PBII.), they are also considerably less than other options
considenxl by groups like the Downtown National City PBID Formation Committc e
) ndinp 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 Conuuunity
Development Commission, Southwestern College etc) will also be assessed and at rates equivalent to private sector
owned parcels. The "fair market value" of such public properties is identical to surrounding privately owned
parcels and any increased values and benefits derived from PBID programs and services would be similar for either
public or privately owned parcels, with or without improvements. Jost as the costs and effects of blight are shared
by both public and private properties; so arc the rewards of clean and safe as well as district promotions and
marketing programs. Since there is no compelling finding or evidence that such properties would receive less direct
benefit from the proposed PBID programs and services than surrounding private parcels, the same assessment rates
would be: levied.
Finding G. From Section 4(b): "All assessments must be supported by a detailed engineer's report prepared by
a registered professional engineer certified by the State of California".
Thus report shall serve as the "detailed engineer's report" to support the benefit property assessments proposed to
be levied with in the Downtown National City PBID.
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Finding 7. From Section 4(e): "The amount of the proposed assessment for each parcel shall be calculated
(along with) the total amount thereof chargeable to the entire district, the duration of such payments, the
reason for such assessment and the basis upon which the amount of the proposed assessment was calculated."
The individual and total parcel assessments attributable to special property benefits are shown on an attachment to
the Management District Plan. The district and resultant assessment payments will continue for five years and may
be renewed again at that time. The reasons (purposes) for the proposed assessments an: outlined in the Management
District Plan. The calculation basis of the proposed assessment for the PBID is attributed in part to the specific
amount of propeity size, building size and street frontage.
Special Benefit and Assessment Analysis
Step 1. Select "Basic Benefit Unit(s)"
PBID assessment formulas typically are based on either property street frontage or parcel and building size or
location, all which can affect the amount of benefit conferred on a particular parcel and the proportionate assessment
to be paid_ The formula may base assessments on a single factor or a combination of factors.
Based on the nature of the program activities to be funded by the Downtown National City PBID, which relate to the
proportionate amount of real estate (i.e. land) held in ownership, development intensity (i.e. building area) and
property street frontage as well as land use, it has been determined that the assessments for the PBID will be based
proportionately on a combination of parcel size, building size, land use and street frontage_ In addition a flat rate will
be applied to single family residential (SFR) and residential condo units located on non -residentially zoned land.
The "Basic Benefit Unit" will be expressed as a function of land square footage (Basic Benefit "A" Units), building
area (Basic Benefit "B" Units - further refined by land use) and linear feet of property frontage (Basic Benefit "C"
Units). Based on the shape of .the Downtown National City PBID, as well as the nature of the District program
elements, it is determined that two benefit zones exist in which identified properties will gain a direct, albeit,
proportionate degree of benefit based ou the respective amount of parcel size, building size, land use and street
frontage.
Step 2. Quantify Total Basic Benefit Units
Taking into account all identified benefiting pioperties, these are 1,465,301 square lent of assessable parcel land area
within the District, 448,344 square feet of assessable building area and 21,744 linear feet of property street frontage.
In addition, there are 12 assessable single family/condo units Since the selected Basic Benefit Unit is based on a
6
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combination of parcel arca, building area and street frontage, there arc, in turn, corresponding amounts of Basic
Benefit Units in the PBID as shown in Step 7 herein. The target weighted revenues from each formula component
were 50% for land area, 30% for building area and 20% for street frontage. The final adjusted weights are 49% for
land, 33% for building area, 17% for street frontage and 1% for SFR and condo flat rates. Further, the targeted
weighted revenues for each Benefit Zone were 60% for Zone 1 and 40% for Zone 2. The final adjusted weights are
61% for Zone 1 and 39% for Zone 2.
Step 3, Calculate Benefit Units for Each Property.
The number of Benefit Units for each identified benefiting parcel within the Downtown National City PBID was
computed from data extracted from City of National City, San Diego County and third party real estate data services
property and land use records. These data sources delineate current land uses, property areas and dimensions of
record for each tax para:I and are listed as an attachment to the Management District Plan, While it is understood
that this data dots not represent legal field survey measurements or detailed title search of recorded land subdivision
rnaps or building records, it does provide an acceptable basis for the purpose of calculating property based
assessments. All respu,tive property data being used for assessment computations has been provided to each property
owner in the PBID for their review, All known or retorted 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 sarne for
each identified benefiting property as follows:
Number of Basic Benefit Units x Basic Unit Cost = PIniD Assessment
The Downtown National City PB1D assessment is to be based on three Basic Benefit Unit factors; land square
footage (Basic Benefit "A" Uuits), building area (Basic Benefit "B" Units) and linear feet of property frontage (Basic
Benefit "C" 'faits), It has been determined that the assessment should be based partially on parcel size, building size
and street frontage as follows:
Zone 1:
Assessment [(No. of Benefit "A-1"Units x Basic "A-1" Unit Cost)) +
[(No. of Benefit "B-1" Units x Basic "B-1" Unit Cost)) +
((No. of Benefit "C-1" Units x Basic "C-1" Unit Cost)]
Zouc 2:
Assessment =
[(No. of Bencfit "A-2"Units x Basic "A-2" Unit Cost)] i
((No. of Benefit "B-2" Units x Basic "B-2" Unit Cost)) t
((No. of Benefit "C-2" Units x Basic "C-2" Unit Cost)[
1
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Note A: Benefit "B" Unit Costs vary based on land use as shown in Table 3 later in this report.
Note B:. Assessments for single family residential and residential condos are based on a flat fee per unit as
shown in Table 3.
Step 5. Estimate Total Program and Activity Costs
Total estimated proposed program and activity costs are shown below in Table 1. These costs include expenses for
general as well as special benefits and related programs/activities.
TABLE 1
Estimated Total Year 1 Program & Activity Costs (Special+i eneral Iteuefiq)
Pro • ram Activity
Public Rights of Way & Sidewalk Operations
District Identity/Streetscape Improvements
Administration/Corporate Operations
Contingency/Reserve
Misc Costs (Credits)
Total
Year 1
070
S 1 73,000.00
S 1 4,000.00
65.14%
S41 ,000.00
S12,722.01
5.7 7%
15.44%
4.79%
524,850.00 9.36%
S265,572.01 100.00%
Step 6. Separate General Benefits from Special Benefits and Related Costs (Prop 218)
Total program and activity costs are estimated at S265,572.01 (see Table 1 above). General benefits are factored at
5% of total (see Finding 2 on page 4 of this report) with special benefits set at 95%. Prop 218 limits the levy of
property assessments to costs attributed to special benefits only. The 5% general benefit cost is computed to be
S13,278.60 with a resultant 95% special benefit limit computed at $252,293.41. This is the marimurn amount of
revenue that can be derived from property assessments from the subject PBID. The total amonnt of revenue
proposed to be derived from PBID assessments is $240,722.01 for Year I, which is less than the special benefit limit
of S252,293.41. Therefore, no Prop 218 adjustments need to be made to the proposed assessment formula. All
program costs associated with general benefits will be derived from sources or credits other than PBID assessments
as sbowu below in Table 2.
8
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I --
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TABI.E 2
Total Adjusted Year 1 Revenue (For Special -- General Benefit Prugams/Activitie:11
r— -1
.Funding Source Subtotal Revenue % _ -
PBID Assessments 1240,722.01 90.64%
. PBID Formation Pro -rated Credit/Year (S35,000 base) S7,000.00 2.64%
PBID Formation Pro -Rated Volunteer Credit/Year (50% base) T3,500.00 t 1 .32%
Annual P.oard/Volunteer Credit (35% hase Admin) S14,350.00 5,40% J
TOTAL ADJUSTED REVENUE- i S265,572.01 100.00%
Step 7. Calculate "Basic Unit Cost" (Special Benefits Only)
With a Year 1 budget of $240,720.01 (special benefit only), the Basic Unit Costs ("A", "13" and "C") from the
Management Plan are:
TABLE 3
Basic Unit
"A" Cost
"11-a" Cost
13-b" Cost
"13-c" Cost
"B-d" Cost
"B-e" Cost
"B-F" Cost
"B-e," Cost
"B-h" Cost
"B-i" Cost
"C" Cost
Land Use Description
All except SIR"and condos
Retail, hotels, motels, visitor
Office, commercial, pkg struc.
Industrial, manufacturing
Institutional, government etc
Residential 20+ units
Residential 9-19 units
Residential 2-8 units
Single family residential
Re idential Condo
All except SFR and condos
Benefit Zone 1
$0.0841 /sf
50.1886/sf
50.1696/sf
50.1696/sf
$0.1577/sf
50.1485/sf
50.1485/sf
50.1485/sf
S240 flat rate
S240 flat rate
S 1.8264/1.1'
Benefit Zone 2
$0.0757/sf
50.1697/s1
S0. t 697/sf
50.1697/sf
SO. 1578/sf
50.1485/sf
50.1485/sf
50.1485/sf
$240 flat rate
$240 flat rate
51.8264/LF
Since the PBID is planned for a five year teen, maximum assessments for future years (Yews 2 through 5) must be
set at the inception of the PBID. A maximum annual flat rate increase of S% may be imposed each year, subject to
approval by the PBID Board.
9
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Step 8. Spread the Assessments
The resultant assessment spread calccilations for each parcel within the PBID are shown in an attachment to the
District Management Plan and were determined by applying. the District assessment formula 10 each identified
benefiting property. This list of all identified benefiting parcels in the P1311) delineates each parcel and benefit units
for property street frontage and parcel area.
10
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F,DWARD HENNING & ASSOCIATES
Edward Henning and Associates is a multi -disciplined consulting firin offering a diverse range of cxornrnunity development
and furxling services fix -using on downtown business districts and the unique problems and opportunities associated with
center city areas.
Types of services provided
• Business Improvement District (BID & PBID) Formations, Modifications, Expansions, Updates
• Prop 218 Assessment Engineering Analyses and Reports (Licensed Engineer)
• Downtown Revitalization Plans/Redeveloprncnt Planning and Implementation
- Establish/Administer/Field Supervision for Rehabilitation Programs and Projects
• Architectural Design Guidelines/ Sign Ordinancxs
Partial list of agencies and clients represented
• Town of Apple Valley
• City of Berkeley
• City of Buena Park
• City of Culver City
• City of Huntington Park
• City of Huntington Beach
- City of Los Angeles
- Gateway to LAX
- Historic Downtown Core
- Hollywood District
- Melrose/Fairfax
— Larchrnont
- 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 (Pmp 218 Compliance)
PBID Formation (Prop 218 Compliance)
PBID Formation & Renewal
BID Formation
PBID Formation (Prop 218 Compliance)
Private Sector PBID Formation
Hybrid BID/PBID Formation
BID Modification (Downtown)
PBID Formation (Downtown)
BID Advising
BID Modification
PBID Formation (Downtown)
PBID Formation (Playhouse District)
Citywide Tourist Improvement District (TID)
PBID Formation (Downtown)
PBID Formation (Prop 218 Compliance)
BID Formation (Downtown)
Citywide Tourist Improvement District Evaluation (TIT))
BID Modification (Uptown)
PBID Formation £x. Ite.newal(Uptown)
I1
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0
MORGAN SQUARE DISTRICT
1,000
DOWNTOWN SP
2,000
3,000
Feet
4,000
DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT
PARCELS TO BE ASSESSED
ANNUAL
ANNUAL
ANNUAL
, C,
APN
ANNUAL
SESSMENT
APN
ANNUAL
ASSESSMENT
APN
555-030.01-03
555-030-02-.0
555-030-03-00
555-030-04-03
555-030-05-00
ASSESSMENT
S240.00
5427.32
$0.00
$0.00
$240.00
Arn
555-042-18-0C
555-052-04-00
555-052-05-00
555-052-06-00
555-052-14-00
maocoomci,i
57,00177
$694.46
$649.75
S471.60
52,453.40
555-085-06-00
555-085-07-00
555-113-04-00
555-113-05-00
555-113-08-00
$187.37
$4.258.90
$908.87
$792.75
$1,289.33
556.212-04-00
556-212-05-00
556-212-C6-00
556-212-07-00
558-331-03-00
5276.94
S419.14
S563.51
S734.77
$249.09
556471-23-00
556-471-24-00
556-472-23.00 -
556-472-24-00
$4.830.57
S3,673.51
52,019.79
S527.74
4fu6Ker2d26+ 0,J',--.-'..'S 056:'70'
5265.95
555-030-06-0C
$0.00
555.052-15-00
S2,361.54
555-113-11-00
$2,084.78
556-331-04-00
$505.91
556-472-27-00
$1.526.52
555-030-07-00
$240.00
555-053-17-00
$22,785.9C
555.113-'2-00
51,569.72
556-331-05-00
$1,181.45
556-473-15-00
$792.75
555.030-08-00
$1,358.46
555-054-12-00
58,377.83
555-113-13-00
$1,133.05
556-331-14-00
52,439.68
556.473-16.00
$962.08
555.030-09.00
S278.41
555-081-09-00
5510.24
555-114-31-00
$240.00
556-331-15-00
$925.31
556-473-17-00
$1.61C.56
555-030-10-00
5339.52
555-0E1-10-00
5267.23
555.114-02.00
$240.00
556-331.20-00
$748.13
558-474-01-00
$739.54
555-030-11-0C
5270.50
555-081-14-00
$398.50
555-114-03-00
$215.59
556-331-21-00
$2,720.06
556474-02-00
$2,527.99
555-030-'2.0C
$344.51
555-081-15-00
$216.88
555-114-04-00
$220.14
556331-22-00
$1,255.39
558-474-21-0.0
$1,290.96
555-030-13-00
528292
555-081-16-00
$695.37
555-114-05-00
5452,48
556-331-23-00
$566.21
556-493-01-00
$934.44
555-030-14-00
5500.53
555-081-17-00
$1.992.94
555-114-03-00
S652.46
556-331-24-00
$715.80
556-493-04-00
$240.00
555-03017-00
51,089,50
555-082-01-00
51.855.29
555-114-07-00
S1,151.14
556-331-25-00
S3,133.35
556-493-05-00
S694.46
555.030-20-00
54,997,45
555-082-02-03
5244.19
555-114-11-00
5330.42
556-332-20-00
S1,764.62
556-553-01-00
$357.75
555-030-2'-00
53,644.29
555-082-03-00
$527.88
555-114-12-00
$1,594.28
556-332-21-00
5535.59
556-553.02-00
5409.23
555-030-22-30
$6,609.58
555-082-04-00
$399.68
555-114-13-00
51,569.62
556-332-22-00
S375.88
556-553-03-00
3616.95
555-041-01-00
$878.28
555-082-05-00
51,137,98
558-101-01-00
51,614.58
556-332-23-00
5253.70
556-553-04-00
555.041-0200
347248
555-082-06-00
$950.23
558-101-02-00
$1.815.33
556-332-24-00
51.409.83
556-553-05-00
51,592.79
$1,324.56
555-041-03-CO
53,616,33
555-082-10-00
$1,533.33
558-101-15-00
$5.492.84
556-333-15-00
$2,628.38
556-553-14-00
5284.84
555-041-04-00
$1,063.44
555-05211.00
5409740
556-101.16-03
52.278.33
555.333-17-00
$4.907.21
556-553-15-00
54,41542
555-041-05-03
$57074
55-08'3.2:r40
"S1S 4*86'
556-104-01-00
$2.485.83
558-333-18-00
$522.19
556-554-16-CO
16 245,33
555-041-06-00
$571.49
5, 5$8 r22-0Q
] t1'43:
556-104-02-00
$240.00
555-334-19-00
$2.101.81
556-554-17-03
51195,18
555-041-07-CO
369446
.555-08372 -C40
350.'
556-104-18-03
$1,820.45
556-334-20-00
$282.35
556-554-15-03
$569.85
555 341-08-00
S511.82
555-00 24 00
0.178`.:
556-210-25-00
$1,662.72
556-334-21-00
$410.30
556-554-19-CO
$1,205.03
555-341-09-03
351'.32
555-085-01-00
5622.48
556.210-26-00
51,51043
556-334-22-00
$452.14
556.554-20-0.0
51.568.79
15584'1G3 ¢r '` 527.233317556-554.21-03
te``-
555-041-10-00
3',2C6.28
555-085-02-00
S240.00
556.210-27-00
$1,077.40
F,S5t;473?049¢1 a "$575'.787
555-042-1C-03
51,080.70
555-085-03-00
5240.00
556-212-01-00
5240.00
556471-16-00 51,585,34
555-042-15-03
$3,104.82
555-085-04-00
S464.11
556.212-02.00
$240.00
555-042-17-03
S3.458.95
555-3E5-05-00
$2,797.35
556-212-03-00
$496.74
556471.17-00
$2,691.26
$38.804.63
577,577.89
$39,743.35
$39,183.49
545479.28
$C 00
$15.882 56
$0 DC
$2,809.07
53,056 70
S38 604.63
$81,995.33
539,743.35
$36,374.42
$42,422 58
[NOTE.: Items highlighted are owned by Public Agencies-enti zehouli(4riot be A ;tid§sedthFP,U9h the Coypty'AssessoeS Off1ce1
lthey should be bhled.dlrectly tiyithe,Finance pepartment-of the•City.of,t' ati0nalZity.' •.
.S240,688,64 Total Assessments
)21,548.33 Total Public Parcels
5219,140,31 Total Assessments less Public F
City of National City, California
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
23
MEETING DATE luly 17, 2007 AGENDA ITEM NO
/fEM TITLE
/ REPORT: Submission of Fiscal Year 2006-2007 Downtown National City Property Business improvement
District (Morgan Square Community Benefit District) Annual Budget, List of Board of Directors, 2006 and
2007 Profit and Loss Statements, and the 2006 Independent Auditor's Report.
PREPARED BY DEPARTMENT
Jacqueline Keynoso (ext. 4293) Economic Development Division
Community Development Coordinator
EXPLANATIONS
Since the formation of the National City Property Business Improvement District in fiscal year 2004-
2005, the District is required to submit their annual budget and a list of their Board of Directors on a yearly
basis.
On January 24, 2007, The California Attorney General, pursuant to Corporation Code section 5813.5,
approved a Certificate of Amendment of Articles of Incorporation of Morgan Square District, voted on and
approved by the Board of Directors, to change the status of the corporation from a nonprofit public benefit
corporation to that of California Mutual Benefit Corporation. The name of the corporation is Morgan Square
Inc. Pursuant to this new designation, Morgan Square Inc. developed and approved the Bylaws of Morgan
Square Inc, wherein under Article 10, Section 1., the Board approved the fiscal year of the Corporation to
,egin January 1 and end on December 31 of each year.
The attached financial documents report Morgan Square's financial activities covering the above
mentioned time period for fiscal year 2006 and year to date fiscal year 2007.
Environmental Review N/A
Financial Statement N/A
STAFF RECOMMENDATION Accept and file report.
1 ATTACHMENTS Resolution No.
1. Annual Budget 4. 2007 Profit and Loss statement with backup
2. Board of Directors 5. 2006 Independent Auditor's Report
L3. 2006 Profit and Loss Statement with backup
A-200 (9/80)
in
MORGANSOUARE
THE HEART OF SOUTH BAY
DISTRICT GOVERNANCE AND
THE MORGAN SQUARE DISTRICT
ADMINISTRATION:
Morgan Square, Inc., a non-profit management corporation composed of property and business
owners in the downtown district of National City.
President: Patti Finnegan - Niederfrank's Ice Cream
Vice President: Marcia Nordstrom - Trophy Lounge
Secretary: Ditas Yamane - The Phone Shop, Inc.
Treasurer: Nilesh Patel - Howard Johnson's - NC
Board of Directors:
Mike Arellano - Mc Dini's Restaurant
Jim Beauchamp - Parkside Towers
Emesto Guzman — Plaza Management
Josh Knoefler — Knoefler Enterprises
Sharon Meints - Appliance Parts Center
Juan Jose Torres - Bay Theatres
Mike Sunshine - General Bead Factory
John Webster, Sr., - National City Chamber of Commerce
Benefit Zones:
The Morgan Square District Benefit Zones are created based upon the frequency and type of
special benefit services that might be desired. The core area is National City Boulevard and 8th
Street and may need special benefit services, have large special events and be the focus of
many promotional activities.
Benefit Zone
Zone 1
(core area)
Zone 2
(peripheral area)
Boundaries
National City Boulevard from 2nd to 12th Street
8th Street from the Interstate 5 freeway bridge to A Avenue
All other streets in the district not included in Benefit Zone 1
1
Downtown National City Property Improvement District
835 D Avenue National City, CA 91950
Tel: (619) 477-9188 email: morgansauaret8Cox.net
Consistent with state law, any property assessment district must confer a special benefit to real
property owners paying into the assessment district. At times, specific parcels will derive
greater benefit, due to their proximity to a "core" area. These core and peripheral parcels, will
from time to time, be designated through "benefit zones." The Morgan Square District has two
benefit zones, each receiving varying degrees of special benefits funded from the assessment
district.
JANUARY — DECEMBER 2007
WORK PLAN AND BUDGET
SERVICES:
Special benefit services to be financed by the Morgan Square District will primarily include
funding the following types of services:
1. Public Rights of Way and Sidewalk Operations (PROWSO)
may include the following special benefit services, based upon
prioritization by the District Management : $ 200,000.00
• Sidewalk sweeping;
• Beautification;
• Decorations and banners;
• Enhanced trash receptacle placement and regular emptying;
• Removal of bulky items;
• Tree and shrub planting and maintenance
• Work with City on hazardous issues;
• Maintenance of public order in the sidewalks;
■ Security
• Homeless intervention;
• Equipment, supplies, tools;
■ Misc.
2. District Identity and Streetscape Improvement (DISI)
(Predominantly in Benefit Zone 1) $ 75,000.00
• Special events
• Web site
• Pedestrian kiosks/signage
• Underwriting advertising coop for hotel and retail
2
Downtown National City Property Improvement District
835 D Avenue National City, CA 91950
Tel: (619) 477-9188 email: moruansauare@cox.net
3. Administration and Corporate Operations: .. .$ 25,000.00
• Staffing;
• Insurance;
▪ Office related expenses;
• Misc.
4. Contingency / Reserve: $ 16,232.13
• Asset Implementation
• Delinquencies
• City costs
• County costs
• Hardship
• Reserves
Total $ 316,232.13
Total District Assessments Aug - Dec, 2007 $ 120,338.39
Roll Over Balance from 12/ 2006 $ 195,893.74
Total Operating Budget $ 316,232.13
Thank you.
"'■
MORGANSQUARE
THE HEART OF SOUTH BAY
Ditas Yamane
Secretary
3
Downtown National City Property Improvement District
835 D Avenue National City, CA 91950
Tel: (619) 477-9188 email: moraansauare@cox.nel
Morgan Square District - the heart of Southbay ! The future of Southbay!
Board of Directors
1
T
Name
Business Name
Telephone
Email Address
Year
Patti Finnegan - President
Nlederfranks Ice Cream
(619) 477-0828
niederfranks@aol.com
2007-2009
Marcia Nordstrom - Vice President
Trophy Lounge
(858) 945-6272 I
pbnordsy@aol.com
2007
Ditas Yamane - Secretary
The Phone Shop, Inc. (619) 474-3500 f
ditasyamane@cox.net
2007-2009
Nilesh Patel - Treasurer
Howard Johnson Hotel
619-368-3061 {
npatel@hojosd.com
2007
-1-
—t
Directors
_r
i
Mike Arellano
Mc DIni's Restaurant (858) 481-3032 1
no email
_I____
2007
Jim Beauchamp
T
Parkslde Village
(619) 477-7700 I
jlmnchp@attglobal.net
2007-2009 .
Ernesto Guzman
Plaza Management
(619) 952-170 1
ernestoguzman 98@hotmail.com
2007-2009
Josh Knoefler
The Green Village
(858) 578-8686
josh@knoeflerenterprises.com
2007
Sharon Meints
Appliance Parts Center
(619) 921-8738
sharon@appliancepartscenter.com
2007
Juan Jose Torres
Bay Theatres (619) 482-4924 I
Cell: (619) 227-1209
2007
_ _ _ _
Mike Sunshine
_
General Bead Company
(619) 336-0100
genbead@sbcglobal.net
_I
2007-2009
Melyn Acasio
j_
NC Chamber of Commerce
(619) 474-7505
jwebster@ci.national-city.ca.us
2007-2009
T
1
1
1
T H C - EART
1
O r O O U T H D A Y —.- —I--
-- —
--f-
-1--MORGANSQUARE
1
--. -.. -- -- ---__— _. __..----
I--.-.._..
__
_._
Morgan Square District
Profit & Loss
January through December 2006
Ordinary Income/Expense
Income
4100-Property Tax Assessment
4101-District Improvement Tax
Total 4100-Property Tax Assessment
Jan - Dec 06
231,371.47
231,371.47
4200 - Other Income 3,500.00
Total Income 234,871.47
Expense
6200-Operations 0.00
6200 - Operations Expense
6202 - Gen. Liability Ins. 500.00
6205 -Taxes & Licenses 139.00
6206 - Errors & Ommissions 1,800.00
6208 - Advertising Expense 661.63
6209 - Membership Fees 100.00
6210 - Bank Charges 149.59
6211 - Miscellaneous Expense 224.22
6212 - Donations 6,700.00
6213 - VOID Checks 0.00
Total 6200 - Operations Expense 10,274.44
6300 - Basic Admin. Fee
6400 - Professional Services
6401 - Urban Corps SD
6403 - Super Signs
6404 - Legal Services
6405 - Accountants
6406 - Award Signs Co.
Total 6400 - Professional Services
Total Expense
Net Ordinary Income
Net Income
19,800.00
108,000.00
9,239.56
5,672.00
2,500.00
14,279.00
139,690.56
169,765.00
65,106.47
65,106.47
Page 1 of 1
1100•Curront Assets
1101-Cash In Bank 0484
Total 1101-Cash In Bank 0484
1102-Cash In Bank 0468
Morgan Square District
Transaction Detail by Account
January through December 2006
Type Date Num Name Memo Debit Credit Balance
Transfer 06/09/2006 Funds Transfer 49,000.00 -49,000.00
Transfer 06/09/2006 Funds Transfer 50,000.00-99.000.00
Transfer 05/092006 94.31-99,094.31
0.00 99,094.31-98.094.31
Check 01/13/2006 5114 Urban Corps • San Diego Invoice if 05-0138 9,003.03 -9.000.00
Check 01/13/2006 5115 DIGS Vamane 1205 Basic Admin Fees 1,800.03 -10.800.00
Check 01/31/2006 5116 Super Signs District Banners 2,500.00 -13.300.00
Deposit 02/01/2006 Deposit 46,083.81 32.783.81
Check 0210/2006 5117 George H. Waters Nutrition Center NC Public Safety Foundation donation 200.00 32.583.81
Deposit 0215/2006 Deposk 63.768.39 96.352.20
Check 02/28/2006 Service Charge 147.59 96,204.51
Check 03/03/2006 5118 Urban Corps - San D.ego 08-0238 9,000.00 , 87.204.61
Check 03/16/2006 5119 NC Police Officer Association Donation -'Baker to Vegas' 1,000.00 86.204.61
Check D3/31/2006 Service Charge 2.00 86.202.61
Deposit 04/04/2006 Deposit 10,281.18 96483.79
Check 04/10/2006 5120 Urban Corps - San Diego 06-3338 9,000.00 87.483.79
Check 05/05/2006 5121 Urban Corps - San Diego 06.0439 9,000.00 78,483,79
Check 05/05/2006 5122 VOID Check 0,00 78,483.79
Check 05/05/2006 5123 de Castro, P.C. Legal Engagement Service 750.00 77.733.78
Check 05/09/2006 5124 Save National CIty Proposition D 1,030.00 76.733.79
Check 05/18/2006 5125 Dltas Yamane January. 2006 Basic Admin. Fee 1,800.00 74.933.79
Check 35/18/2006 5126 Urban Corps - San D ego 06-0538 9.000.00 65.933.79
Depose 05/25,2006 - Deposit 2,908.09 - 68.841.88
Deposit 05:25/2006 Deposit 8,222.60 77.064.48
Ceposit 05/252006 Deposit 1,000,00 78,084.48
Check 05;30/2006 5127 Ditas Yarnane Feoruary, 2006 - Basic Adm n Fee 1,800.03 76.264.48
Check 05;30/2006 5128 Bay View Suites Meeting 5/12/06-USS Horne 224.22 76.040.26
Transfer 06/09/2006 94.31 76.134 57
Check 06/12/2006 5129 SD Recorder r County Clerk FBN 29.00 78.105.57
Check 06/12/2006 5130 City of National City Business License 100.00 76,005.57
Check 06/15/2006 5131 de Castro, P.C. Professional Services • Inv. a 4897 582.00 75,423.57
Deposi: 06A6/2006 Deposit 5.865.00 81,28857
Check 06,20/2006 5132 The Hartford Gen. Liaoilly In.suran o 503.00 80,788.57
Check 0620/2006 5133 Ditas Vamane March. 2005 Basic Admin Fee 1,800.00 78,998.57
Check 06/26/2006 5134 Urban Corps - San D:ego 06-3639 9,000.00 69.968.57
Deposit 06.'30:2006 Deposit 13,847.62 83,836.19
Page 1 of 6
Type
Date
Morgan Square District
Num Transactieaefletail by Account Memo
January through December 2006
Deposit 07/12/2006
Deposit 07/12/2006
Deposit 07/12/2006
Check 07/28/2006 5135
Check C712812005 5136
Check 07/28/2006 5137
Check 07/2812906 5138
Check 07/28/2006 5139
Check 07/28/2006 5140
Check C8.'1712006 5141
Check 08/17/2906 5142
Check 08.'17/2006 5143
Check 08/17/2006 5144
Check 09.'17/2006 5145
Cneck 09:17/2006 5148
Cneck 09/17/2006 5147
Check 09.'17/2006 5148
Check 09/20/2006 5149
Check 09/20/2006 5150
Check 09120/2006 5151
Chock 99/20/2006 5152
Check 0920/2006 5153
Deposit 11/09/2006
Check 11/16/2036 5154
Check 11/16/2006 5155
Check 11/25/2006 5156
Check 1205/2006 5157
Check 12/11/2006 5158
Check 12/11/2006 5159
Deposit 1219,2006
Check 1228/2006 5160
Check 12/28'2006 5161
Check 12/28/2006 5162
Check 12/28.'2006 5163
Check 12/28.'2006 5164
NC Chamber of Commerce
Ditas Yamane
Urban Corps - San Diego
de Castro, P.G.
Super Signs
Sonnenberg 8 Company, CPA's
Award Sign Company
State Farm Insurance Co.
Ditas Yamane
de Castro, P.C.
Urban Corps - San Diego
Sonnenberg F. Company, CPA's
Ditas Yamane
NC Chamber of Commerce
Franchise Tax Board
Ditas Yamane
Urban Corps -San Diego
de Castro, P.C.
VOID Check
Urban Caps - San Diego
Ditas Yamane
Award Signs Company
Revolution 5K Run/Walk
Urban Corps - San Diego
Revokmon 5K RunnNalk
Award Signs Company
Urban Corps - San Diego
Dilas Yamane
de Castro, P C
Ditas Yamane
Deposit
Deposit
Deposit
Auto Heritage Booth - Advertising
April, 2006 Basic Admin Foe
06-0738
Invoice # 4945
Invoice # 101 District.Banners
Progress BB # 1
Morgan Square Banner
Reference # 1470302
May 08 Basic Admin Fee
invoice 8 4992
Invoice # 06-0838
Full Payment • Audit FY 2005
June 08 Basic Admin Fee
Membership Dues 09/2006-09,2007
Form 199
July, 06 Bask Admin Fee
Invoice # 06-0938
'evoke # 6047
Deposit
Invoke # 06-1038
August Basic Admin
Invoice # 1091
Sponsorship • NC Event
invoke # 06.1138
As Fiscal Agent to Revolution 5K Run
Deposit
Full Payment Holiday Banners
Invoice it 06.1130
Sep:. 06 Basic Admin
invoke a 5255
October 2006 Basic Admin Fee
Debit
65.121.48
347.22
13 409.06
G.09
1,517.02
2,500.00
'oral 1102-Cash In Bank 0468 234,965.78
Credit Balance
590.00
1,800.00
9,000.00
270.00
6,739.56
1,000.00
161.63
1,800.00
1,800.00
216.00
9,000.00
1,500.00
1,800.00
100.00
10.00
1,800.00
9,000.00
954.00
9,000.00
1,800.00
5,000.09
2,000.03
9,000.00
2,500.00
9,279.00
9,000.00
1.800.00
2,903.00
1.800.00
169,765.00
148.957.67
149.304.89
'82 713.95
162.213.95
180.413.95
151.413,95
,51.143.95
144.404,39
' 43.404.39
143.242.76
141.442.76
139.642.76
139.426.76
130.426.76
128,926.76
127,126.76
127,026.76
127.016.76
125,216.76
116.216.76
115.262.76
115,262.76
116.779.78
107.779.78
105,979.78
100.979.78
98.979.78
89.979.78
87.479.78
89,979.78
80,700.78
71,700.78
69,900.78
67,000.78
65,200.78
65,200.78
Page 2 of 6
1103-Cash In Bank 3688 - NCMA
Total 1 103-Cash In Bank 3688 - NCMA
U80C-0079116485
Total „30C 0079118485
UBOC-0079118493
Total J30C-0079118493
Total 1100-Cu•rent Assets
4100-Property Tax Assessment
4101-District Improvement Tax
Total 4101-District Improvement Tax
Total 4100-Fropony Tax Assessment
4200 - Other Income
Total 4200 - Other ncome
Morgan Square District
Typo Date Num TransactionZetail by Account Mama
Check 02/01/2006
Deposit 03/08/2006
Check 03.131/2006
Check 04/28/2006
Deposit 06!09/2006
Transfe• 0610912006
January through December 2006
Union Bank of CA
Service Charge
Check Printing Reversal Fee
Service Charge
Service Charge
Service Charges Reversal f•cm UBOC
Funds Transfer
Transfer 06109:2006 Funds Transfer
Transfer 08/09/2006 Funds Transfer
Transfer 06/09,2006 Funds Transfer
Debit
Credit Balance
11.99 -11.99
11 99 0.00
77.35 -77.35
23.0C -100.35
100.35 0.00
_ 1,000.00-1,000.00
112.34 1.112.34 -1,000.00
49,000.00
1,030.00
50,000.00
50,000.00
50,000.00
335,078.12
49,000.00
50,000.00
0.00 50.000.00
50.000.0C
0.00 50,000.00
269,971.65 85.106.47
Deposit 02/01/2006 206272 NC - CDC PBID Assessment 48,083.81 -46,083.81
Deposit 02/15/2006 206505 NC • CDC Deposit 63,768.39-108.852.20
Deposit 04/04/2006 15918 CDC - NC Invoice #FY05-06PBID -03/23i06 10,281.18 •120,133.36
Deposit 05/25/2006 208150 CDC - NC Invoice # 05/02/06 -1 : 05/02/2006 FY 05-06 Apportionment 48 2.908.09-123,041.47
Deposit 05/25/2006 208149 CDC - NC Invoke # 05102/06-2: 05/02/2006 - FY 05-08 Apportionment #7 8.222.60 -131,264.07
Deposit 06/16/2006 16159 CDC -NC FY2004.05 PBID 5.865.0C -137,129.07
Deposit 06/30/2006 208708 CDC - NC • 06/05/06 fy05-06 Apportionment if 9 13.847.62 -150,976.69
Deposit 07/12/2006 209108 CDC - NC FYOS-o6 Apportionment Si 10 65.121.48 -216,098.17
Deposit 07/12/2006 209059 . CDC - NC FY 05-06 Apportionment # 11 34722 -216,445.39
Deposit 07/12/2006 209058 CDC - NC FY 05-06 Apportionment # 12 13,409 06-229.854.45
Deposit 11/091,euviu 211097 CDC - NC 10/10/06- FY05-06 Apportionment N 13 1,517.02 -231.371.47
0.00 231,371.47 -231.371.47
Deposit D5;25,2006 1106 Save National City
Deposit 12;19,2006 192575 Revolution 5K Runit'iala
Refund cf Donation
Fisca' Agent for Revolution 5K Run - SD National Balk
0.00 231,371.47 -231,371.47
1,000.00 -1,000.00
_ 2.500.00-3,500.00
0.00 3.500.00-3,500.00
Page 3 of 6
6200.Operations
Morgan Square District
Type Date Num TransactioneDetall by Account Memo
Check
January through December 2006
06/20:2006 5132 The Hartford
Debit
Credit Balance
Gen. liability Insurance 0.00
Total 6200-Operations 0.00 0.00 0.00
8200 - Operations Expense
6202 - Gen. Liability Ins.
Total 0202 - Gen Liability Ins.
6205 -Taxes & Licenses
To:al 6205 - Taxes & Licenses
6206 - Errors & Ommisslons
Total 6206 - Errors & Ommissions
6208 • Advertising Expense
Total 6203 - Acvertising Expense
6209 - Membership Fees
Check
06,20/2006 5132 The Hartford
Renewal General Lability Insurance
500.00
500.00
500.00
0.00 500.00
Check 09/12/2006 5129 SD Recorder / County Clerk Fictitious Business Name 29.00 29.00
Check 06/12/2036 5130 City of National City Business License 100.00 129.00
Check 09,20,2008 5149 Franchise Tax Board Form 189 10.00 139.00
139.00 0.00 139.00
Check
08/1712006 5142 State Farm Insurance Co. Reference a 1470802 - Errors & 0mmissions
1,800.00
1.800.00
160000
0.30 1,800.00
Check 07/28/2006 5135 NC Chamber of Commerce Auto Heritage Booth 500.00 500.00
Check 08/17/2006 5141 Awara Sign Company Morgan Square Banner 161.63 661.63
661.63 0.00 661,63
Check 39/17/2036 5148 NC Chamber of Commerce Memoershlp 09,2006-09/2007 100.00 100.00
. Total 6209 - Membership Fees 103.00 0.00 100.00
6210- Bank Charges
Check 02,01,/200B Service Charge 11.99 11.99
Check 02,28/2006 Service Charge 147,59 159.58
Deposit 0308/2006 Union Bank of CA Check Printing Reve•sal Fee 11.99 147.59
Check 03,31/2005 Service Charge 77.35 224.94
Check 03.'3112006 Service Charge 2,00 226.94
Check 04l28/2008 Service Charge 23.00 249.94
Deposit 06,09/2006 Se'vlce Charges Reversal from UBOC 100.35 149.59
Total 6210 - Bank Charges 261.93 112.34 149.59
6211 -Miscellaneous Expense
Chad, 05/30/2006 5128 Bay View Suites Meeting Venue 5.'1203 224.22 224.22
To:al 6211 - Mscellaneous Expense 224.22 0.00 224.22
Page 4 of 6
6212 -Donations
Total 6212 - Donations
6213 -VOID Checks
Tota' 6213 - VOID Cnecks
Total 6203 - Operations Expense
6300 - Basic Admin. Fee
Total 6300 - Basic Admin. Fee
6400 • Professional Services
6401 - Urban Corps SD
Type
Check
Check
Check
Check
Check
Check
Check
Date
Morgan Square District
Num Transactiolnhetail by Account Memo
02/10/2006 5117
03/16/2006 5119
05/09/2006 5124
12/05/2006 5157
12/11/2006 5159
05/05/2006 5122
09/20/2006 5153
January through December 2006
George H. Wate•s Nutrition Canter
NC Police Officer Assodatlon
Save Naticnal City
Revolution 5K Run,1'JaIK
Revolution 5K Bunn/Valk
VOID Check
VOID Check
Check 01/13/2006 5115 Ditas Yamane
Check 05/18/2006 5125 Ditas Yamane
Check 05/30/2005 5127 Ditas Yamane
Check 06/20/2006 5133 Dias Yamane
Check 07/28/2006 5136 Ditas Yamane
Check 08/17/2006 5143 Jitas Yamane
Check 09/172006 5147 Ditas Yamane
CheCK 09/20/2006 5150 Ditas Yamane
Check 11/16/2006 5155 Ditas Yamane
Check, 12/28/2006 5162 Ditas Yamane
Check 12/28/2006 5164 Dltas Yamane
Chock 01/13/2006 5114 Urban Corps - San Diego
Check 03/03/2006 5116 Urban Corps - San Diego
Check 04/10/2006 5120 Urban Corps - San Diego
Check 05/05/2006 5121 Urban Caps - San Diego
Cneck 05/18/2006 5126 Urban Corps - San Diego
Check 06::26/2006 5134 Urban Corps -San Diego
Check 07128/2006 5137 Urban Corps- San Diego
Check 09/17/2006 5145 Urban Cups • San Diego
Check 09/2012005 5151 Urban Corps - San Diego
Debit Credit Balance
NC Public Safety Foundation conakon to launch or.
Donation 'Baker to vegas'
Proposition D
Revolution 5K RurvAValk
Fiscal Agent to Revolution 5K Run - for SDSB
Void.
December. 2005 Basic Admin Fee
January. 2006 Basic Admin. Fee
February, 2006 - Basic Admin. Fee
March, 2006 Basic Admin Fee
April, 2006 Basic Admin Fee
May 08 Basic Aomin Fee
June 06 Basic Admin Fee
July 06 Basic Adman Fee
August 2006 Basic Admin Fee
-MULTIPLE -
October 2006 Basic Admin Fee
Invoice a 05.0138
Invoice a 08-0238
Invoice N 06-0338
Invoice a 06-0438
Invoice 6 06-0538
Invoice A 06-0635
Invoice a 06.0738
Invoice a 06-0838
Invoice a 06-0938
200.00
1,000.00
1,000.00
2,000.00
2,500,00
6,700.00
0.00
0.00
10,386.78
1,800.00
1,800.00
1.800.00
1.800.00
1,800.00
7.800.00
1.800.00
1,800.00
1,800.00
1,800.00
1.600.00
19.800.00
9.000.00
9.000.00
9,000.00
9,000.00
9.000.00
9,000.00
9,000.00
9,000.00
9,000.00
0.00
0.00
112.34
0.00
200.00
1.200.00
2.200.00
4.200.00
6.700.00
6.700.00
0.00
0.00
0.00
10,274.44
1,800.00
3.600.00
5,400.00
7,200.00
9.000.00
10,800.00
12,600.00
14,400.00
16,200.00
18,000.00
19,800.00
19,800.00
9,000.00
16,000.00
27,000.00
36,000.00
45.000.00
54,000.00
63,000.00
72,000.00
81,000.00
Page 5 of 6
Total 6401 - Uroan Corps SC
6403 - Super Signs
Total 6403 - Super Sigrs
6404 • Legal Services
Tcta 6404 • Legal Services
6405 • Accountants
`otal 6405 - Accountants
6406 - Award Signs Co.
Morgan Square District
Type u► Date Num Transactia1)etail by Account Memo Debit Credit Balance
January through December 2006
Check 11/16/2006 5154 Urban Corps - San Diego Invoice 406-1038 9.000.00 90.000.00
Check 12/11.'2606 5158 Urban Corps • San Diogo Invoice a 06-1138 9.000.00 99.003.00
Check 12'28.'2006 5161 Urban Corps • San Diego Invoice a 06-1130 9.000.00 108.000.00
108,000.00 0.00 108.000.00
Check 01/31/2006 5116 Super Sgns District Banners 2,500.00 2,500.00
Check 07/28.12005 5139 Super Signs Invoice a '01 D:strct Banners 6.739.56 9,239.56
9.239.56 0.00 9.239.56
Check 05;0512006 5123 de Castro, P.C. Legal Engagement Services 750.00 750.00
Check 06/15/2006 5131 do Castro, P.C. Invoice a 4897 582.00 1,332.00
Check 07/28/2006 5138 de Castro. P.C. Invoice a 4945 270.00 1,602.00
Chet+ 08/17/2006 5144 de Castro, P.C. -MULTIPLE- 216.00 1,818.00
Chec< 091C12006 5152 de Castro, P.C. Invoice a 5347 954,00 2,772.00
Check 12'2&'2006 5163 de Castro, P.C. Corporate Documents Final 2 900.00 5.672.00
5,672.00 0.00 5.672.00
Cheri: 07/28/2006 514C Sonnenberg & Company. CPA's ail: Progress a 1 i Contract 552500.00 Audit FY20( 1,000.00 1,000.00
Check 09/17/2006 5146 Sonnenberg & Company. CPA's Full Payment - Audit FY 2005 1,500.00 2,500.00
2,500.00 0.00 2,500.00
C.nece 11/25/2006 5156 Award Signs Conpany -MULTIPLE- 5,000.00 5.000.00
Check 2/28/2006 5160 Aware Signs Company FuU Payment Holiday Banners 2006 9,279.00 14.279.00
Total 6405 - Award Signs Co. 14,279.00 0.00 14,279.00
Total 6400 - Professional $er,' ces 139,690.56 0.00 139,690.56
504,965.46 504,955.46 0.00
Page 6 0f 6
Morgan Square District
Profit & Loss
January through May 2007
Ordinary Income/Expense
Income
4100-Property Tax Assessment
4101-District Improvement Tax
4100-Property Tax Assessment - Other
Total 4100-Property Tax Assessment
4200 - Other Income
UBOC Reversal Fees
Total 4200 - Other Income
Jan - May 07
115,634.54
82,802.97
198,437.51
6.97
6.97
Total Income 198,444.48
Expense
6200 - Operations Expense
6205 - Taxes & Licenses
6208 - Advertising Expense
6210 - Bank Charges
Total 6200 - Operations Expense
6300 - Basic Admin. Fee
6400 - Professional Services
6401 - Urban Corps SD
6402 - Branding Consultant
6404 - Legal Services
6405 - Accountants
6406 - Award Signs Co.
Total 6400 - Professional Services
Total Expense
Net Ordinary Income
Net Income
858.00
800.00
71.97
1,729.97
10,800.00
47,689.29
21,000.00
100.00
1,800.00
5,940.00
76,529.29
89,059.26
109,385.22
109,385.22
Page 1 of 1
1100-Current Assets
1102-Cash In Bank 0468
Total 1102-Cash In Bank 0469
Type
Date
Morgan . are District
Transaction Detail by Account
January through May 2007
Num
Name
Memo
Transfer
Check
Deposit
Deposit
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Deposit
Check
Check
Check
Deposit
Check
Check
Check
Deposit
Deposit
Check
Check
Check
Check
Check
Check
Check
Deposit
02/05/2007
02/05/2007
02/05/2007
02/05/2007
02/15/2007
02/15/2007
02/15/2007
02/15/2007
02/15/2007
02/15/2007
02/15/2007
02/15/2007
02/26/2007
02'26/2007
03/13/2007
03/15/2007 5175
03/15/2007 5176
03/15/2007 5177
03/27/2007
03/27/2007
04/19/2007 5178
04/19i2007 5179
04/25/2007
05/10/2007
05/15/2007
05/15/2007
05/17/2007
05/17/2007
05/17/2007
05/17/2007
05/17/2007
05/25/2007
5036620E Union Bank of CA
5165 Award Signs Company
5166 Urban Corps - San Diego
5167 City of National City
5168 Ditas Yamane
5169 State of California
5170 Bennett Pejl Design
5171 NC Chamber of Commerce
5172 Ditas Yamane
5173 United States Treasury
5174 Sonnenberg & Company. CPA's
Ditas Yamane
Urban Corps - San Diego
Ditas Yamane
Bennett Peji Design
Ditas Yamane
5180 Urban Corps - San Diego
5181 Franchise Tax Board
5182 Urban Corps - San Diego
5183 de Castro, P.C.
5184 Sonnenberg & Company, CPA's
5185 Ditas Yamane
5186 Urban Corps - San Diego
Funds Transfer
DeLuxe Check
Deposit
Deposit
Invoice # 1114
Invoice # 06-1231
Business License
Basic Admin - Nove. 2006
Statement of Information
Design Guidelines
Installation Gala
Basic Admin - December, 2006
IRS Determination Letter
Audit FY 2006
Deposit
January, 2007
invoice # 07-0138
February, 2007
Deposit
Service Charge
Inv. # 5178
Basic Admin Fee - March 2007
Deposit
Deposit
Inv # 0731
2006 CA Exempt Org.
Inv # 07-0331
Corporate Governance
2006 Audit
Basic Admin Fee April 2007
Invoice # 07-0431
Deposit
Debit
Credit
Balance
50,000.00 -50,000.00
6.97-50,006.97
2,110.63 -47,896.34
37,165.16 -10,731.18
5,940.00 -16,671.18
9,000.00 -25,671.18
78.00 -25,749.18
1,800.00 -27,549.18
20.00 -27,569.18
10,000.00 -37,569.18
800.00 -38,369.18
1,800.00 -40,169.18
750.00 -40,919.18
1,000.00 -41,919.18
68,965.00 27,045.82
1.800.00 25,245.82
10,833.00 14,412.82
1,800.00 12,612.82
6.97 12,619.79
65.00 12,554.79
11,000.00 1,554.79
1,800.00 -245.21
13,837.97 13,59276
9,795.93 23,388.69
6,190.29 17,198.40
10.00 17,188.40
10,833.00 6,355.40
100.00 6,255.40
800.00 5,455.40
1,800.00 3,655.40
10,833.00 -7,177.60
66,562.82 59,385.22
198,444.48 139,059.26 59,385.22
Pagel of4
UBOC-0079120713
Total UBOC-0079120713
Total 1100-Current Assets
4100-Property Tax Assessment
4101-District Improvement Tax
Morgan Square District
Type Date NrTiransactiort DQtail by Account Memo
January through May 2007
Transfer 02/05/2007
Funds Transfer
Debit Credit Balance
50,000.00 50,000.00
50,000.00 0.00 50,000.00
248,444.48 139,059.26 109, 385.22
Deposit 02/05/2007 212684 CDC - NC ACAP-232A/#3 Date: 10/04/2006 FY 06-07 Apportioi 2,110.63 -2,110.63
Deposit 02/05/2007 212683 CDC - NC ACAP - 232A/#5 Date: 12/06/2006 FY 05-06 Appor 37,165.16 -39,275.79
Deposit 05/10/2007 CDC - NC Deposit 9,795.93 -49,071.72
Deposit 05/25/2007 CDC - NC Deposit 66,562.82 -115,634.54
Total 4101-District Improvement Tax 0.00 115,634.54 -115.634.54
4100-Property Tax Assessment - Other
Deposit 03/13/2007 213117 CDC - NC Invoice # 6 - 01/ 17/2007 - FY 06-07 Apportionment # 68,965.00 -68,965.00
Deposit 04/25/2007 CDC - NC Deposit 13,837.97 -82,802.97
Total 4100-Property Tax Assessment - Other 0.00 82,802.97 -82,802.97
Total 4100-Property Tax Assessment
4200 - Other Income
UBOC Reversal Fees
Total UBOC Reversal Fees
Total 4200 - Other Income
6200 - Operations Expense
6205 - Taxes & Licenses
Total 6205 - Taxes & Licenses
0.00 198.437.51 -198,437.51
Deposit 03/27/2007 Union Bank of CA Check Printing Fee Reversal 6.97 -6.97
0.00 6.97 -6.97
0.00
Check 02/15/2007 5167 City of National City -MULTIPLE- 78.00
Check 02/15/2007 5169 State of California Statement of Information - Renewal 20.00
Check 02/26/2007 5173 United States Treasury Determination Letter - 501c6 Applica. 750.00
Check 05/15/2007 5181 Franchise Tax Board Franchise Tax Board - 2006 CA Exer 10.00
858.00
6.97 -6.97
78.00
98.00
848.00
858.00
0.00 858.00
Page 2 of 4
6208 - Advertising Expense
Total 6208 - Advertising Expense
6210 - Bank Charges
Total 6210 - Bank Charges
Total 6200 - Operations Expense
6300 - Basic Admin. Fee
Total 6300 - Basic Admin. Fee
6400 • Professional Services
6401 - Urban Corps SD
Total 6401 - Urban Corps SD
6402 - Branding Consultant
Total 6402 - Branding Consultant
6404 - Legal Services
Total 6404 - Legal Services
Type
Check
Date
Morgan ;are District
N ransaction4Detail by Account Memo
January through May 2007
02'15/2007 5171 NC Chamber of Commerce
Check 02/05/2007 5036620E Union Bank of CA
Check 03/27.2007
Check 02/15/2007 5168 Ditas Yamane
Check 02/15/2007 5172 Ditas Yamane
Check 0315/2007 5175 Ditas Yamane
Check 03/15/2007 5177 Ditas Yamane
Check 04/19/2007 5179 Ditas Yamane
Check 05/17/2007 5185 Ditas Yamane
Check
Check
Check
Check
Check
Check
Check
02/15/2007 5166 Urban Corps - San Diego
03/15/2007 5176 Urban Corps - San Diego
0515/2007 5180 Urban Corps- San Diego
05/17/2007 5182 Urban Corps - San Diego
05/17/2007 5186 Urban Corps - San Diego
02/15/2007 5170 Bennett Peji Design
04/19/2007 5178 Bennett Pejl Design
Check 05/17/2007 5183 de Castro, P.C.
Debit
National City Chamber of Commerce 800.00
DeLuxe Check
Service Charge
Basic Administration - period Noveml
Basic Admin Fee - period December,
Basic Admin Fee January, 2007
Basic Admin Fee- February, 2007
Basic Admin Fee - March 2007
Basic Admin Fee - April 2007
Invoice* 06-1231
invoice # 07-0138
Invoice # 0731
Invoice # 07-0331
Invoice # 07-0431
800.00
6.97
65.00
71.97
1,729.97
1,800.00
1,800.00
1,800.00
1,800.00
1,800.00
1,800.00
10,800.00
9,000.00
10,833.00
6,190.29
10,833.00
10,833.00
47,689.29
Bennett Peji Design - District Design 10,000.00
Inv, # 3460 - District Design Guidelir 11,000.00
21,000.00
de Castro PC - corporate governance 100.00
100.00
Credit
0.00
0.00
Balance
800.00
800.00
6.97
71.97
71.97
0.00 1,729.97
1,800.00
3,600.00
5,400.00
7,200.00
9,000.00
10,800.00
0.00 10,800.00
9,000.00
19,833.00
26,023.29
36,856.29
47,689.29
0.00 47,689.29
10,000.00
21,000.00
0.00 21,000.00
100.00
0.00 100.00
Page 3 of 4
6405 - Accountants
Total 6405 - Accountants
6406 -Award Signs Co.
Total 6406 - Award Signs Co.
Total 6400 - Professional Services
Morgan Square District
Type Date NsransactionvDetail by Account Memo
January through May 2007
Debit Credit Balance
Check 02/26/2007 5174 Sonnenberg & Company. CPA's Audit FY 2006 1,000.00
Check 05/17/2007 5184 Sonnenberg & Company, CPA's Sonnenberg & Company, CPA's - 20, 800.00
1,800.00
Check 02/15/2007 5165 Award Signs Company Invoice # 1114
0.00
1,000.00
1,800.00
1,800.00
5,940.00 5,940.00
5,940.00 0.00 5,940.00
76,529.29 0.00 76,529.29
337,503.74 337,503.74 0.00
Page 4 of 4
City of National City, California
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
AGENDA ITEM NO. 24
MEETING DATE July 17, 2007
('ITEM TITLE A report on the Work Plan for the Westside Neighborhood
Brownfield Assessment project being funded by a $200,000 grant from the
United States Environmental Protection Agency.
PREPARED BY c Patricia Beard
Redevelopment Manager, 4255
DEPARTMENT
Redevelopment Division
EXPLANATION In May, 2007, the US Environmental Protection Agency ("EPA") awarded
the Community Development Commission ("CDC") a grant to conduct an environmental
investigation ("brownfield assessment") in the Westside Specific Planning area*. The grant
was requested by CDC as part of the comprehensive approach underway in the neighborhood
including:
• Completing the Westside Specific Plan
• Adopting an amortization ordinance (8-1-2006)
• State, City and foundation grants to develop Paradise Creek Educational Park
• Feasibility study regarding redevelopment of industrial uses west of 1-5
• EPA funded inventory and remediation plan for the neighborhood*
• Implementing a Land Use Control Implementation Plan with regulators to ensure long-
term maintenance of environmental land use restriction
\ (Please see attached Background Report.)
Environmental Review Not applicable.
Strategic Plan Goals 1E, 5B and 6D: Partner with community organizations, Analyze
comprehensive strategy to implement the Westside Specific Plan and Consider
compatibility of residential with other land use and carry out amortization ordinance efforts
for Westside.
Financial Statement The grant is for $200,000.
Account No. to hp acciflopri
1'
1
STAFF RECOMMENDATION Provide comments, if any, and accept and file the report.
BOARD ! COMMISSION RECOMMENDATION Not applicable.
ATTACHMENTS
l . Background report
2. Work Plan for Brownfield Assessment project
Resolution No.
ATTACHMENT 1
BACKGROUND REPORT
In order to leverage the maximum funding for a comprehensive completion and
implementation of the Westside Specific Plan ("WSP"), in December, 2006 staff
applied for the second time to the EPA for a brownfield assessment grant for the
Westside neighborhood. The application is a first of what staff hopes will be a
number of regulator partnerships and grants to assist with WSP implementation.
EPA assessment grants are in the amount of $200,000 and, in today's world, that
sum will accomplish a limited about of environmental investigation. Working with
a group of volunteers (2005 during the original grant writing attempt) from the Old
Town Neighborhood Council and the CDC's Westside neighborhood brownfield
consultant, Daryl Hernandez of Essentia LLC, a process and criteria were
prepared for identifying priority sites to be analyzed. Using the process and
criteria established, the attached Work Plan proposes to accomplish the
following:
• Areawide inventory and EPA -required property profile forms
• 10 — 15 Phase I environmental investigations
• EPA required Quality Assurance Plan
• Up to five (5) Phase II environmental investigations
• Community outreach
• Creation of a cleanup and redevelopment plan for priority sites
The grant program will run from August 1, 2007 until October 30, 2010.
Staff and the consultant will first meet with residents on August 23 at the Old
Town Neighborhood Council meeting. A meeting for neighborhood business
owners will follow shortly thereafter.
Attachment 2
Brownfields Assessment Grant
2007-2010 National City Workplan
Note: This document is being provided as general guidance by EPA Region 9. Please consult
with your EPA grant project officer for project specific guidance. Project specific workplan
recommendations and/or requirements may he established by the EPA Project officer. Please use
the proposal that was submitted to EPA as a basis for preparing this Workplan.
A. Recipient Title
Community Development Commission of National City
B. Background
The Westside Neighborhood of National City is currently zoned to allow for mixed use
residential and industrial uses, which has caused the low income residents in the neighborhood to
suffer a reduced quality of life. The City and its Community Development Commission
("CDC") arc working with the neighborhood on a multi -faceted approach to improve the
neighborhood by:
• Adopting an amortizing ordinance to phase out industrial uses once the zoning
designation is changed;
• Finalizing a Westside Specific Plan to enact community -developed land use planning and
development criteria to create a pedestrian -friendly neighborhood with affordable homes,
neighborhood -serving commercial businesses, and parks;
• Conducting a feasibility study to consider relocating incompatible industrial uses to a
LEED-qualified industrial park in a non-residential arca west of Interstate 5;
• Implementing a 1,and Use Control Implementation Plan (LUCIP) to work with regulators
in tracking and enforcing institutional controls which are key to feasible redevelopment;
• Partnering with US EPA to inventory environmental hazards and develop a plan to
remediate and redevelop the neighborhood.
The EPA's partnership through the Brownfield Assessment grant is key to the
neighborhood strategy. Through the project we will conduct an area -wide inventory and,
following the inventory, work with the local Neighborhood Council and a Brownfield
Community Working Group to identify priority sites based on criteria. Phase 1 Environmental
Site assessments will be done for 10-15 of these identified priority sites, followed by Phase 11
investigations of up to live (5) sites.
Extensive community outreach is included as part of the project. Communications with
the neighborhood and stakeholders will continue throughout the project and, subsequent to the
Environmental Investigation Stage, CDC will work with its selected consultant and the
community to develop a clean up and redevelopment plan for the targeted sites.
National City WSP Assessment WP Outline 6/15/07 Page 1 of 11
C. Goals and Objectives
NOTE: Include "Subsection a. " as written below. Do not modify the wording.
a. EPA Strategic Plan
This project supports EPA's Strategic Plan and GPRA Goal 4: Healthy Communities and
Ecosystems, Objective 4.2 Communities - Sustain, Clean Up, and Restore Communities and the
Ecological Systems that Support Them, Sub -objective 4.2.3 Assess, Clean Up and Redevelop
Brownfields.
Outputs: workplan deliverables, property profile forms
Outcomes: number of properties assessed, number of acres assessed
h. Project Coals
List the specific goals of the proposed Brownfields Assessment Project — specifically how funds
from the EPA grant will he used:
1. Areawide inventory including preparing EPA Property Profile Forms - S7,800
2. 10 — 15 Phase 1 environmental investigations for priority sites - $58,800
3. Quality Assurance Plan - $4,000
4. Up to 5 Phase 11 investigations - $110,800
5. Community Outreach - $11,800
6. Creation of a cleanup and redevelopment plan for priority sites - $6,800
The project manager for CDC will also attend EPA Brownfield conferences during the grant
period.
D. Tasks
Briefly describe each 'Task Some of the Tasks listed below may be deleted or modified after
consulting with the EPA Project Officer. You may include sub -tasks if desired or create
additional Tasks. Occasionally a required Task has already been completed oris not charged to
the grant. I f that occurs, include and describe the Task, but indicate that the Task Budget is $0.
In addition, provide the dollar amounts for tasks funded with non -EPA funds. Non -EPA funds
will not be tracked by EPA.
Task #1 Area -wide Inventory and Property Profile Forms,
a. A stakeholder meeting will be held to inform the neighborhood about the grant award
and solicit future participation in the project. An area -wide inventory will be created
which will document the types of properties and property data, business activities,
hazardous substances used, properties where releases of hazardous substances have
National City WSP Assessment WP Outline 6/15/07
Page 2 of 11
occurred, and funding eligibility. Property profile forms will be completed for EPA.
In 2005, the Community Development Commission conducted a competitive Request For
Qualifications process for qualified environmental consulting firrns, which resulted in the award
of contracts by the City Council to four well -qualified firms. The CDC intends to select from
among these firms for grant project implementation during the first quarter of the project. No
funds will he charged to the grant for consultant selection, which will be conducted at a minimal
cost to CDC. CDC may also conduct a Request for Qualifications for an Environmental
Attorney, if it is determined that legal advice will he needed to complete the project.
Other potential tasks, only to be included if deemed necessary include
-Legal consultation related to the assessment
-Determination of the oversight process for the project (regulatory authority, oversight agency,
and point of contact)
b. Task Budget Summary — Area -wide Inventory & Property Profile Forms
Cost: Brownfields Grant $ 7,000
Non -EPA Funds $ 0
c. Schedule — Area -wide Inventory and Property Profile Forms
Task Start Date: Immediate. Task Completion Date: End of first (grant) quarter.
d. Deliverables: Report on Selection of Consultant, Area -wide inventory, Property Profile
Forms and update on Community Outreach.
Task #2 - Community Outreach
a. Task Description
A Community Outreach Plan will be prepared to ensure that environmental investigation,
cleanup reports and redevelopment information is effectively communicated to residents,
business owners, and other interested stakeholders. Primary means of communication will be
through the Westside Brownfield Community Working Group, which was established to assist
with preparing the grant application and now will continue to be the Working Group for the
project. Outreach will also include the Old Town Neighborhood Council, the City Council as
well as preparation and distribution of fact sheets and updating the www.nationulcitybreis.orj,
web site, which was created under an earlier EPA Brownfields grant project. Community
outreach for the Westside Brownfield project will, most importantly, task the Community
Working Group with assisting CDC and its consultant(s) will selection of priority sites for
investigation and redevelopment.
National City WSP Assessment WP Outline 6/15/07 Page 3 of 11
b. Task Budget Summary- Community Outreach
Cost: Brownfelds Grant $ $11,000
Non -EPA Funds $ 0
c. Schedule — Community Outreach
Task Start Date: Immediate Task Completion Date: Grant completion
d. Deliverables: Community Involvement Plan, Fact sheets, copies of agenda statements
and meeting notes.
Task #3: Site Selection, Site Approval and Phase I ESA's
a. Task Description
Using the results of the Area -wide Inventory, 10 —15 sites will be identified for Phase I ESA
investigations. Sites will be selected by the CDC, Consultant and Westside Brownfield
Community Working Group based on the following criteria: Sites that present an imminent
threat to human health and/or environment, especially those sites near Kimball Elementary
School; Businesses willing to move; Sites that may be tax delinquent; or Abandoned sites. All
Phase I's will he conducted in accordance with EPA's All Appropriate Inquiries rules. EPA
Project Officer, Noemi Erneric, may be asked to attend a stakeholder meeting with businesses to
help encourage participation.
b. Task Budget Summary - Site Selection, Site Approval and Phase I ESA's
Cost: Brownfields Grant $ 58,000
Non -EPA Funds $ 0
c. Schedule — Site Selection, Site Approval and Phase 1 ESA's
Task Start Date: Second quarter Task Completion Date: Fourth quarter
d. Deliverables
Deliverables may include:
Meeting notes from CDC.', consultant and Westside Brownfield Working Group, approved site
selection list, a copy of the site inventory list, and Phase I's.
Task #4 Quality Assurance
National City WSP Assessment WP Outline 6/15/07 Page 4 of 11
pree.ANOM
a. 'Task Description
A Quality Assurance Project Plan and/or Sampling and Analysis Plan (SAP) and Health and
Safety Plan (HSP) will be prepared and submitted to EPA. The QAPP or SAP must be
approved by EPA prior to the start of field sampling/ Phase 11 's•.
b. Task Budget Summary- Quality Assurance
Cost: Brownfields Grant $4,000
Non -EPA Funds $ 0
c. Schedule — Quality Assurance
Task Start Date: Fourth Quarter Task Completion Date: Fourth Quarter
d. Deliverables; Draft QAPP/SAP
Task #5 Consider redevelopment priorities, feasibility and strategies, Site selection,
Property owner permission and Conduct Phase II Activities
a. Task Description
Based on the information in the Phase I reports, up to five (5) sites will be selected for Phase II
Site Investigations to be conducted under the requirements of Cal -EPA D7SC"s Voluntary
Cleanup Program. CDC, the consultant, and the Westside Brownfield Working Group will
select the preferred sites based on: Those in close proximity to Kimball Elementary School,
creating opportunities for early redevelopment and addressing high -risk sites. Priority will go to
those site,, presenting an imminent threat to human health and/or the environment, sites with
business owners willing to relocate and/or vacant properties. The EPA Project Officer, Noemi
Emeric, may be asked to assist in outreach to property owners and tenants impacted. CDC also
may utilize an environmental attorney to provide advice on property access, remediation and
redevelopment approaches as well as financial considerations.
b. Task Budget Summary- Consider redevelopment priorities, feasibility and strategies,
Select sites, Obtain property owner and tenant cooperation, Conduct Phase II Activities
Cost: Brownfields Grant $ 110,000
Non -EPA Funds $ 0
c. Schedule — Consider redevelopment priorities, feasibility and strategies, Select sites,
Obtain property owner and tenant cooperation, Conduct Phase II Activities:
National City WSP Assessment WP Outline 6/15/07 Page 5 of 11
Task Start Date: Fifth Quarter Task Completion Date: Tenth Quarter
d. Deliverables:
Deliverables may include: Meeting notes, site selection list, property owner, tenant evidence of
cooperation
Phase ll (S1) reports
Task #6 Coordination of CDC/City/stakeholder efforts
Under this task, CDC will work with City staff and community members and organizers to
ensure a coordinated and efficient approach with other efforts related to the larger Westside
Redevelopment project. These other efforts include.: Amortization Ordinance; Westside Specific
Plan; Feasibility study for the relocation of potential non --conforming uses in the Westside
Neighborhood to an industrial park in a non-residential zone in the city; and Implementation of
a Land Use Control Implementation Plan (LUC.IP) to track institutional controls on rernediated
sites. EPA 's Project Officer, Noemi Emeric, will be kept apprised of the progress and may he
asked for suggestions about implementation based on her experience in other communities.
b. Task Budget Summary- Coordination of CDC/City/stakeholder efforts
Cost: Brownfiolds Grant $ 0
Non -EPA Funds $ 0 (CDC funds expended for staff time will not be reported.)
c. Schedule — Coordination of CDC/City/stakeholder efforts
Task Start Date: Immediate Task Completion Date Ongoing until grant completion (Nov 30,
2010?)
d. Deliverables: Updates will be provided in grant quarterly reports. Copies of updates to
the City CounciJCDC Board will be provided.
Task #7 - Cleanup & Redevelopment Planning
Based on the results of the area -wide inventory, the Phase 1 ESA's, the Phase II Si's, information
about the progress of other CDC and City efforts, and on input from neighborhood community
members, businesses and other interested parties, a neighborhood clean up strategy will be
prepared. The basis of the strategy will include prioritizing site for environmental clean up,
addressing sites presenting a threat to human health and/or the environment, creating
opportunities Or early redevelopment and enhancing the local neighborhood. Sites in proximity
to Kimball Elementary School are of especial interest.
National City WSP Assessment WP Outline 6/15/07 Page 6 of 11
b. Task Budget Summary- Cleanup and Redevelopment Planning
Cost: Rrownfields Grant $ $6,000
Non -EPA Funds $
c. Schedule — Cleanup Plans/End Use Planning/ Health Monitoring
Task Start Date: Tenth Quarter Task Completion Date: Twelfth Quarter
d. Deliverables: Clean up plans and redevelopment strategy report
Task #8 - Reporting Activities
a. Task Description
Regular Reporting: The grantee will comply with reporting requirements in the grant conditions
and will also consult with EPA Project Officer, Noemi Emeric, on project specific reporting
needs. The grantee will provide regular reports to EPA including Quarterly Progress Reports,
MBE/WBE Reports and Annual Financial Status Reports. Quarterly Reports will generally
follow the format of the approved workplan. It should include a list, by project task and budget
category, of expenses that will he invoiced and/or have been invoiced during the reporting
period. The Quarterly Report should also include a description of cumulative expenditures to
date by project task and budget category. The quarterly budget summaries should includ:,
information on recipient's cost share. Property Profile Forms (PPF) should be submitted
initially with the relevant Quarterly Report. An updated PPF is required each quarter
thereafter. Electronic submission of quarterly reports and PPF is highly> encouraged. The
grantee will be responsible for inputting project and PPF data into the USEPA Assessment,
Cleanup & Redevelopment Exchange System (ACRES) database. This database should be
viewed and updated at quarterly, if needed.
Final Summary Report: The grantee will write a final summary report describing the initial
goals caul objectives of the hrownflelds grant, accomplishment of the goals and objectives, and
any changes implemented. The report should highlight lessons learned and clearly describe
future tasks which will he necessary to complete the cleanup and development of the site(,). The
report should describe resources leveraged during the project (other than the EPA grant), how
they were used, and any resources leveraged to continue the project after the expiration of the
brownfrelds grant. The report should include any supporting assessment documents or
summaries not previously provided. The Final Summary Report should also include a final
property, profile (OMB NO. 2050-0192)
National City WSP Assessment WP Outline 6/15/07 Page 7 of 11
Project Closeout: The grantee will comply with closeout requirements in the Terms and
Conditions of the Cooperative Agreement.
b. Task Budget Summary- Conduct Reporting Activities
Cost: Brownfields Grant $ 0 (cost for property profile forms is included in Task # l )
Non -EPA Funds $ 0
c. Schedule
Project Start Date: August 1, 2007 Project Completion Date: July 30, 2010
d. Deliverables Quarterly progress reports, field reports, Property Profile Forms, Final
Summary reports and all other EPA required forms and reports, including Annual
Financial Status Reports, Final Financial Status Report, MBE/WBE reports, lobbying
forms.
NOTE: Travel to EPA -sponsored and/or approved travel is not included in this Work Plan
but is included in the grant budget, not to exceed $4,000.
E. Schedule of Milestones & Deliverables
Include significant milestones from the Work Plan Tasks. Include all deliverables mentioned
under the Tasks described in Part D above. Include grant management reports (FSR,
M/31;/WBE, etc.) to facilitate your overall successful management of the grant from an
administrative and programmatic viewpoint. A sample format is included below:
National City WSP Assessment WP Outline 6/15/07 Page 8 of 11
Fiscal Quarter Quarterly
Year Report Due
Milestones and Deliverables
Due with Quarterly Report
2007 I st Nov 30'h
(start date 5..1-
07)
2008 2 ' Feb 28
2008 May 30th
2008
2008
2009
2009
2009
2009
5
2010 1 2"
2010 3`
2010
Status
• Area -wide inventory
• Property Profile forms
• Travel to Western Brownfields
• Progress report on Phase 1 ESAs
• Progress report on Public
Outreach
Aug. 30th
Nov 30th
Feb 28
• Progress report on Phase I ESAs
• Progress report on Public
Outreach
May 30th
Aug. 30t°
Nov, 30
Feb 28th
May 306
• Phase 1 ESAs
• Quality Assurance Project Plan
• Progress report on Public
Outreach
• Travel to Brownfields 2008
• Progress report on Phase II SIs
• Progress report on Public
Outreach
• Progress report on Phase 11 Sls
• Progress report on Public
Outreach
• Progress report on Phase II Sls
• Progress report on Public
Outreach
• Progress report on Phase II SIs
• Progress report on Public
Outreach
• Phase II SIs
• Progress report on Public
Outreach
• Progress report of
Redevelopment Planning
• Progress report on Public
Outreach
4th Oct. :lot"
• Progress report of
Redevelopment Planning
• Progress report on Public
Outreach
• All tasks completed/final report
National City WSP Assessment W.P Outline 0/15/07 Page 9 of 11
F. Budget Summary
The budget summary may be a table which indicates how the EPA grant will be distributed
among the tasks identified in this workplan. Use the initial budget you prepared in your
proposal as a first draft. Within these budgets, provide separate budgets for petroleum and
hazardous substances, if applicable. Other tips:
$ Object Class Categories within each budget should be identical to those listed in
the Standard Form 424A, Section B Budget portion of the financial application
package.
$ Task breakdowns and costs should equal the information provided under Part 1)-
"[asks of this workplan.
$ It is highly recommended that the budget be prepared on a spreadsheet.
$ A sample format is provided below.
Task 1
Inventory
PPFs
Task 2
Community
Outreach
Task 3
Phase Is
Task 4
QA
Task 5
Phase lls
Task 6
Coord-
ination
Task 7
Redevelop-
ment
Planning.
Task A
Reporting
Total
Personnel
Fringe
Travel
$800
$800
$800
$800
$800
$4,000 --
Supplies
$2,500
$2,500
Equipment*
Contractual
$7,000
$8,500
$58,000
$4,000
$110,000
$6,000
$193,500
Other
Grant Total
$7,800
$11,800
$58,800
$4.000
$110,800
$0
$6,800
$200,000
Non -EPA
Funds
Project Total
$7,800
$11,800
$58,800
$4,000
$110,800
$0
$6,800
$200,000
* If you anticipate costs in the Equipment budget category, please cot suit with your EPA Project
Officer. Indirect costs (shaded) are ineligible expenses under the Brownfields Assessment
Program. Eligible construction costs (shaded) must he allocated under the Contractual budget
category. Non -EPA funds will not be tracked by EPA.
The new Brownfields Legislation prohibits the use of any part of a grant or loan for the payment
of an administrative cost. EPA has made a distinction between prohibited administrative costs
and allowable programmatic casts.
$ Administrative Costs: Indirect costs including salaries, benefits, supplies, etc for
activities that are not directly related to the work conducted under the cooperative
National City WSP Assessment WP Outline 6/15/07 Page 10 of 11
agreement.
$ Programmatic Costs: Costs for activities (including the portion of salaries and fringe)
that are integral to achieving the purpose of the grant. These include:
$ Inventorying, characterizing and assessing sites
$ Reports and Deliverables (e.g., Quarterly Reports and Financial Status Reports)
$ Community outreach activities
Travel, training, reference materials and contract support.
National City WSP Assessment WP Outline 6/15/07 Page 11 of 11
Lavonne Watts
From: Tony Garcia
Sent: Thursday, July 12, 2007 4:24 PM
To: Lavonne Watts
Subject: Auto Heritage Day
On 7-11-2007, National City Chamber submitted their TUP application for Auto Heritage Day 8-5-2007. The Building Dept
accepted and process this application well after the agenda deadline and after all the agenda items were set. It was
requested by the applicant that if they could be heard on the 7-17-2007.
Respectfully,
Tony Garcia
NC Building
1
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE July 17, 2007
AGENDA ITEM NO.
ITEM TITLE TEMPORARY USE PERMIT — National City Auto Heritage Day on August 5, 2007 at
Kimball Park from 9 a.m. to 4 p.m. with $1,500 in fees waived due to the adoption of City Council Policy
#804.
PREPARED BY Joe Olson, 336-4210
EXPLANATION
DEPARTMENT Building & Safety
This is a request from the National City Chamber of Commerce to conduct the National City Auto Heritage
Day event at Kimball Park on August 5, 2007 from 9 a.m. to 4 p.m. This event will celebrate National City's
automotive history. The Parade of Vintage Cars will form at Cleveland Avenue and 20th Street at 6:00 a.rn.
Led by police reserves, the cars will drive down the Mile of Cars and past some historic homes, ending at
Kimball Park at 10:00 a.m. There will also be food vendors, live international entertainment, games and
local vendor booths. The Chamber is requesting to use the City's P.A. system and stage and requests that
the City's 1925 Fire Engine be on display.
The event and sponsoring organization meet the criteria in the City Council Policy No. 804 for a waiver of
fees up to the amount of $1,500.00. This event is a City co -sponsored event.
Environmental Review X N/A
Financial Statement
Approved By:
The City has incurred $345.00 for processing the
TUP through various City departments, plus $349.00 for the Fire Permit and
$1,400.57 for Public Works fees. Total cost: $2,094.57.
Finance Director
Account No.
STAFF RECOMMENDATION
Approve the Application for a Temporary Use Pennit subject to compliance with all conditions of approval
and approve the use of the City stage and 1925 Fire Engine.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
Application for a Temporary Use Permit with recommended approvals and conditions of approval.
A-200 (9/99)
CITY OF NATIONAL CITY
BUILDING AND SAFETY DEPARTMENT
APPLICATION FOR A TEMPORARY USE PERMIT
RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL
SPONSORING ORGANIZATION: National City Chamber of Commerce
EVENT: National City Auto Heritage Day
DATE OF EVENT: August 5, 2007
TIME OF EVENT: 9 a.m. — 4 p.m.
APPROVAL;.
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 [ x ]
FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ]
COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ]
POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ]
CfFY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x
CONDITIONS OF APPROVAL:
POLCCi (6I9) 336-4400
I. Use of Police Reserves will he limited in numbers.
2. Recommend that applicant hire private security to enhance security measures
for event.
3. Private security will have to submit a security plan to the Police Department
for approval.
ENGINEERING
No CIP Projects in the event's vicinities anticipated as of event. However,
please confirm with Engineering 2 weeks prior to the event to check, modify,
and confirm schedule, if necessary. For more information, please contact
Kenneth Fernandez at 619-336-4388.
A traffic control plan shall be submitted to engineering for approval prior to
event.
FIRE (619) 336-4550
1) Fire access to be maintained at all times at a width of 20 feet with a vertical
clearance of 13'6".
2) Access to be maintained at all times to all Fire Department connections and
appliances, (fire hydrants, sprinkler system connections, etc.).
3) Site map to be provided showing the layout of the display area, fire access
points etc.
4) 2A:10BC fire extinguishers required. Fire extinguisher locations to me
plainly marked, and not to exceed a travel distance of fifty (50) feet.
5) Provide metal cans with lids labeled "HOT COALS ONLY" for those that
bar-b-que.
6) If tents having an area in excess of 200 square feet and canopies in excess of
400 square feet or multiple tents and canopies placed together equaling or
greater than the above stated size are to be used, they are to be flame-retardant
treated and a permit from the Fire Department must be obtained. Permit fee is
$349.00. Fees can only be waived by the City Council.
7) Map to be provided indicating parade route, direction and times of beginning
and end of parade and number of vehicles to participate in the parade.
8) Participants in the parade are to pull immediately to the right upon the
approach of any emergency vehicle operating emergency warring devises.
FINANCE (619) 336-4330
Chamber of Commerce must submit list of all vendors and all vendors must
have a National City Business License
1. A Business License is required IF monies are solicited, admittance charged or
food, beverages or merchandise is sold. The organization holding this event
and each vendor present at this event must have a separate business license.
Vendors currently licensed by the City may operate on their existing license.
2. A list of all participating vendors (with their address, phone number and
current National City business license number) is to be provided to the
Revenue and Recovery Division of the Finance Department two weeks prior
to the event for verification of business license numbers.
3. If any of the vendors or organizations is registered not -for -profit, there will be
no charge for the Business License. However, a Business License certificate
must be obtained for the City Revenue & Recovery Division, Business
License Section. (Note: A clearance fee does apply to non-profit
organizations located in National City that submit an initial business license
application.)
PUBLIC WORKS (619) 336-4580
Street Division
1. Staff will deliver barricades to street corners or to applicant prior to the event.
The applicant shall install these barricades and remove them to a safe location
at the conclusion of the event. Staff will pick them up on the following
workday.
2. Staff will post "No Parking" signs along affected streets before the event.
3. The cost to provide street personnel support for this event is estimated at
$264.76.
Parks Division
1. Council Policy #704 limits to one every six weeks to allow the lawn to
rejuvenate.
2. The event organizers shall provide a trash dumpster for the event.
3. The event organizers shall provide nine (9) portable toilets.
4. The cost to provide the standard stage and PA system set up is $372.60 and
breakdown is $372.60. Two park staff for maintenance is $279.45 for 3 hours.
5. A permit is required for the Astrojump for this event. The permit can be
obtained at the Community Services Department.
This event is estimated to cost $1,024.65. All of these rates are at time and
one-half overtime.
Facilities Division
Two persons at 2 hour minimum to set up electrical and event setups at a cost
of$111.16.
Fees
Unless waived by the City Council, the applicant shall pay $1,400.57 for staff
costs associated with this pennit request. This cost was estimated as follows:
Street Division: $ 264.76
Park Division: $1,024.65
Facilities Division: $ 111.16
Total: $_1,400_51
CITY ATTORNEY
1. Requires an indemnification and hold harmless agreement, and a policy of
general liability insurance, with the City, Parking Authority, and its officials,
employees, agents and volunteers as additional insureds, with amounts of
coverage to be determined by the Risk Manager.
RISK MANAGER (619) 336-4300
Commercial General Liability coverage with minimum limits of $I M per
occurrence and $2M aggregate, with the City, its elected officials, officers,
employees and agents named as additional insureds pursuant to a separate
endorsement.
One question: will the parade involve vehicles being driven or operated by the
sponsoring organization? If so, we also need to require Commercial Auto
coverage with combined single limits of at least $1 M per accident, with
coverage provided for all owned, non -owned and hired vehicles ("any auto").
Type of Event:
_ Public Concert _ Fair _ Festival Ig. Community Event
X Parade _ Demonstration _ Circus _ Block Party
Motion Picture _ Grand Opening _ Other
Event Title: 1`) a+-1 d1*1 l'.1$'( 1*0 {t-4age bay
Event Location: 11Y1b01/4tl
Actual Event Hours: cI ®/pm to 4- am/e)
Setup/assembly/construction Date: S(S(oi Start time: '1 0.m
Please describe the scope of your setup/assembly work (specific details): S&— U)
'600k.ims .for -cocci and crac}S Su>grS.
sek --ur si-age and t?fl syskern•
Dismantle Date: 015/01 Completion Time: 5 am/ )
List any street(s) requiring closure as a result of this event. include street name(s), day and
time of closing and day and Um, of reopening.
Cleveland Ave, closed -or no cng-C-iorn t i k oft .
Past- WIckry .brow, (1).00 PdA € •3c Ran
`i -1t�la y Co r vte r a-E- MAY1 Vs -
Event Date(s): From.[415. , 01 to Ok4 DM Total Anticipated Attendance: (.1(30 0
Month/Day/Year ( X Participants)
( X Spectators)
Sponsoring Organization: Ot. kt0f1X 61-1 Naji tbet e'T NIATAtia _ For Profit
/�
✓Not -for -Profit
Chief Officer of Organization (Name) Colleen htareb n
Applicant (Name): t4 Vona► C(4j Goebel' o• Conune e
Address: QK$ Nt7ttioml Ct �`% 3�1vd. N .C.. g igso
Daytime Phone: M)L}'17.9359 Evening Phone: (4e) N14k. Fax: ((et 477. Sots
Contact Person "on site' day of the event:
tn11t56.a41,
Pager/Cellular: CG211 312.2'T a 1107.b828
NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT
AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS
I
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): agvg.flicLE 05 prime TQzu1.-Y 15 ,
4a5AFt4.R GRPri ZDOTH Q; E OTN+ FR.a P N\'SSi_ON
$tgtsoo
Estimated Gross Receipts including ticket, product and sponsorship sales from
this event.
$ 151 ct25 Estimated Expenses for this event.
$ �J 515 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.
'Lb c..u.EP ATE i.ikVto, L c.tT' rS ,p}rrOMoRILE-{4iSta2
ye1}ICLe. WILL SE to,47€b
-rats I % a tAIL_%-{ SM On . `TIMReC wt LL se L_ivs
ct- e(ZTckINt't $t,tt t GMMES. AcND V EWtio2 ltooll4 S .
wE wtu_ M.so (ZEtiuts-c Alkt. CAr11S - IctV5
gi ALE S? Gil I) E 'P,E- b(SpLiy . •
wE NE. D zEQQE.str 'lam DSc w Lcra
TA-19-E _++A(Rs • & kouiSt :Tb GE •
C& tWW i gt-t €t tketz .
_ 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:
V V V V V V V V V.
YES VNO Does the event involve the sale or use of alcoholic beverages?
V YES NO Will items or services be sold at the event? If yes, please describe:
c m ks and --ooc4
YES• _ NO Does the event involve a moving route of any kind along streets, sidewalks or
highways? If YES, attach a detailed map of your proposed route indicate the
direction of travel, and provide a written narrative to explain your route.
V 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 /6 Sizes /5-/01iI0' I-2D'x26,l
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:
Alcoholic and Nonalcoholic Concession and/or Beer Garden areas.
➢ Food Concession and/or Food Preparation areas
Please describe how food will be served at the event:
Ptck -es will be %akd-coOc
• If you intend to k food in the event area please specify the method:
GAS ►' ELECTRIC ✓ CHARCOAL OTHER (Specify):
> Portable and/or Permanent Toilggt Facilities
Number of portable toilets: (O (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 retumed to a clean
condition.)
Number of trash cans: vt Ji 6.. Trash containers with lids:
Describe your plan for clean-up aafNmoval of waste and garbage during and after the event:
U\ors IA aeon- up areas .
3
Please describe your procedures for both Crowd Control and Internal Security:
O&*ionat Qo U ce re Se(VeS
• YES �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:
Please indicate what arrangement you have made for providing First Aid Staffing and Equipment.
N bane.
Please describe your Accessibility Plan for access at your event by individuals with disabilities:
open Park Aril
Please provide a detailed description of your PARKING plan:
Wi,rli-k:n°j on Grass in Part
Please describe your plan for DISABLED PARKING:
Vat -Vint 1< lailable
4
lry,p;, i 1 ';p
rH1
Please describe your plans to notify all residents, businesses and churches impacted by the
event: 1—eH- s WtI\ CJ42 Sant Atigh o ►looci
reskdo Fs
NOTE: Neighborhood residents must be notified 72 hours In advance when events are
scheduled in the City parks.
►,YES _ NO Are there any musical entertainment features related to your event? If YES,
please state the number of stages, number of bands and type of music.
Number of Stages: L
Type of Music:
Number of Bands: 1
aptnmuni41 s&Doo Grow VS
VYES _ NO WiII sound amplification be used? If YES, please indicate:
Start time: IC): DO eft/pm Finish Time Z 00 am/ rl�n
_ YES NO Will sound checks be conducted prior to the event? If YES, please indicate:
Start time: amlpm Finish Time am/pm
Please describe the sound equipment that will be used for your event
YES V NO Fireworks, rockets, or other pyrotechnics? If YES, please describe:
_ YES V NO Any signs, banners, decorations, special lighting? If YES, please describe:
Revised 08/10/05
5
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
6
City of National City
PUBLIC PROPERTY USE HOLD HARMLESS AND
INDEMNIFICATION AGREEMENT
Persons requesting use of City property, facilities or personnel are required to
provide a minimum of $1,000,000 combined single limit insurance for bodily
injury and property damage which includes the City, 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 NQ•kt011at Clay Glna.Vnb-er a� C,otmllne.rt4.
Person in Charge of Activity (v (lQ2l Alareoin
Address qol t\tttiorui Cl t."Bky4d ., Nat{ional(�'(a'�-y , Ch• 9 (`1s o
Telephone OKI . -ii 0133q Date(s) of Use Au . 5 , 2-001
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.
efia�e9
Si. ature of A lira
Ek5eco--V% e Lb(Pec or
Official Title Date
For Office Use Only
Certificate of Insurance Approved Date
7
REQUEST...FOR A
WAIVER'OF FEES
Non-profit organizations, which meet the criteria on page v of the instructions, will
be considered for a waiver. If you would like to request a waiver of the
processing fees, please complete the questionnaire below.
1. Is the event for which the TUP is sought sponsored by a non-profit
organization?
✓ Yes (proceed to Question 2)
No (Please sign the form and submit it with the TUP
Application)
2. Please state the name and type of organization sponsoring the event
for which the TUP is sought and then proceed to Question 3.
Name of the sponsoring organization f•aii614:4
154 Coin ma-
Type of Organization Service Onyn12&iIOn
(Service Club. Church, Social Service Agency, etc.)
3. Will the event generate net income or proceeds t the sponsoring
organization?
✓ Yes (Please proceed to Question 4)
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.
No (Please proceed to Questicrl 5)
8
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.
V. 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
Gills Club?
Yes (Please provide an explanation and details.
VNo (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:
VNo (P lease sign the form and submit it with the TUP
Application)
flio4ei5 /. cP3, Or
gnature/ Dote
9