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HomeMy WebLinkAbout2008 06-17 CC CDC AGENDA PKTAgenda Of Regular Meeting - National City City Council / Community Development Commission of the ('ity of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday - .)tine 17, 2008 - 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 he receptive to your concerns in this contmunity. 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 ftir your presence and wish you to know that we appreciate your involvement. ROIL C'ALi. Pledge of Allegiance to the Flag by Mayor Ron Morrison Public Oral Communications (Three -Minute Time Limit) NMI: Pursuant to state law, items rcquinng Council or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission Agenda unless they arc of a demonstrated emergency ur urgent nature. Upon request. this agenda can be made available in appropriate alternative formats to persons \\ rth a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (6I9) 336-4228 to icquest a disability -related modification or accommodation. Notification 24-hours pnor to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretaci6n en espanol se proporciona durance sesiones del Consejo Municipal. Los auditfonos 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 --- -- - - - - - - ------- - ---------------- ----------------------------- OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci national-city.ca.us CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 6/17/08- Page 2 PRESENTATIONS 1. Employee of the Month - June 2008 - Sonia Caravantes - Housing Assistant. (Section 8 Housing) CITY COUNCIL 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. 2. Approval of the Minutes of the Adjourned Regular Meeting of April 5, 2008 and the Regular City Council/Community Development Commission Meeting of June 3, 2008. (City Clerk) 3. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of "3-Minute Passenger Loading Zone" signs on the west side of Newell Street adjacent to Las Palmas School restricted from 7:30 am - 8:30 a.m. and 1:00 p.m. - 3:00 p.m., Monday through Friday. (TSC Item No. 2008-11) (Engineering) Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of three (3) 15 minute parking spaces • on the north side of W. 7TH Street adjacent to EZ-Loans located at 640 National City Boulevard. (TSC Item No. 2008-7) (Engineering) 5. Resolution of the City Council of the City of National City authorizing a payment in the amount of $76,000 to Sweetwater Authority to install the new water facilities along Bay Marina Drive. (Funded by Tax Increment Fund) (Engineering) CITY COUNCIL/COMMMUNtTY DEVELOPMENT COMMISSION AGENDA 6117108- Page 3 CONSENT CALENDAR (Cont.) 6. Resolution of the City Council of the City of National City awarding a contract in the amount of $5,327,000 to Koch -Armstrong General Engineering, Inc. for the National City Street Resurfacing Project and authorizing the Mayor to sign the contract. (Funded by Traffic Congestion Relief, Gas Tax and Proposition A, Proposition 1B funds, and CIWMB Grants). (Engineering) 7. Resolution of the City Council of the City of National City accepting the property located at the intersection of East 14th Street and "N" Avenue into the City's street system, in accordance with and pursuant to Street and Highways Code Section 1806, and naming the parcel of land. (Engineering) 8. Resolution of the City Council of the City of National City approving a Cooperative Agreement between the State of California and City of National City for Plaza Boulevard Widening Project and authorizing the Mayor to execute the Agreement. (Engineering) 9. Resolution of the City Council of the City of National City declaring City Council's intention to provide for an annual levy and collection of assessments in the Landscape and Maintenance District No. 1 and setting time and place for Public Hearing thereon July 1, 2008 at 6:00 p.m. in the City Council Chambers located at 1243 National City Blvd., National City, CA, 91950 (Mile of Cars). (Economic Development Division) 10. Resolution of the City Council of the City of National City approving the assessment Engineer's Report for proceedings for the annual levy of assessments within the Landscape Maintenance District No. 1 (Mile of Cars). (Economic Development Division) 11. Resolution of the City Council of the City of National City declaring City Council's intention to provide for an annual levy and collection of assessments in the Downtown National City Property Improvement District, and setting time and place for Public Hearing thereon July 1, 2008 at 6:00 p.m. in the City Council Chambers located at 1243 National City Blvd., National City, CA, 91950 (Morgan Square). (Economic Development Division) CITY COUNCILICOMMMUNITY DEVELOPMENT COMMISSION AGENDA 6/17/08- Page 4 CONSENT CALENDAR (Cont.) 12. Resolution of the City Council of the City of National City approving the assessment Engineer's Report as outlined in the Downtown National City Property Business Improvement District Management District Plan for proceedings for the annual levy of assessments within the Downtown Property Business Improvement District (Morgan Square). (Economic Development Division) 13. Resolution of the City Council of the City of National City authorizing the purchase of a mobile command vehicle for the Police Department for a total of $334,352.42. (SLESF grant funds, JAG grant funds and asset forfeiture funds) (Purchasing) 14. Resolution of the City Council of the City of National City calling and giving . notice of the holding of a General Municipal Election to be held on Tuesday, November 4, 2008 for the election of certain officers as required by the provisions of the laws of the State of California relating to General Law Cities. (City Clerk) 15. Resolution of the City Council of the City of National City requesting the Board of Supervisors of the County of San Diego to consolidate a General Municipal Election to be held on November 4, 2008 with the Statewide General Election to be held on the same date pursuant to Section 10403 of the Election Code. (City Clerk) 16. Resolution of the City Council of the City of National City adopting regulations for candidates for elective office pertaining to candidates' statements submitted to the voters at the election to be held on Tuesday, November 4, 2008. (City Clerk) 17. WARRANT REGISTER # 47 (Finance) Warrant Register #47 for the period of 05/14/08 through 05/20/08 in the amount of $1,255,590.49. (Finance) 18. WARRANT REGISTER # 48 (Finance) Warrant Register #48 for the period of 05/21/08 through 05/27/08 in the amount of $402,009.91. (Finance) CITY COUNCIUCOMMMUNITY DEVELOPMENT COMMISSION AGENDA 6/17/08- Page 5 PUBLIC HEARING 19. Continued Public Hearing - Proposed Finding of No Significant Environmental Impact for a Coastal Development Permit for an AT&T Field Operation Center at 3202 Hoover Avenue. (Applicant: Teng Companies of Califomia, Inc. representing AT&T) (Case File No. 2007-51 CDP. (Planning) NON CONSENT RESOLUTION 20. Resolution of the City Council of the City of National City approving the City's preliminary budget for Fiscal Year 2008-2009. (Finance) 21. Resolution of the City Council of the City of National City selecting annual adjustment factors and establishing the annual appropriations limit for Fiscal year 2008-2009. (Finance) NEW BUSINESS 22. Time Extension Request - Tentative Subdivision Map for 'Holiday Inn II' Project. Location: 700 National City Boulevard - APN: 555-053-17 - Applicant: Pacifica Companies - Case File No.: 2008-18 TE S-2006-1. (Planning) 23. Temporary Use Permit - 16th Annual Fiesta Filipiniana-Mexicana Karaoke Competition hosted by the Seafood City Supermarket on July 12, 2008 from 5 p.m. to 9 p.m. at 1420 Plaza Blvd. with no waiver of fees. (Budding & Safety) 24. Temporary Use Permit - Go Green on the Green Movie Night on August 1, 2008 at dusk in Kimball Park. The event is expected to last approximately 2.5 hours. (Building & Safety) 25. Request to use the Martin Luther King Jr. Community Center by the Environmental Health Coalition for their community recognition event on Saturday, June 28, 2008 with no waiver of fees. (Community Services) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 6/17/08- Page 6 COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 26. Warrant Register for the period of 05/16/08 through 05/29/08 in the amount of $522,675.55. (Community Development Commission/Finance) 27. Resolution of the Community Development Commission of the City of National City (CDC) adopting the Morgan and Kimball Towers Budget for the Fiscal Year 2008-2009. (Finance) 28. Resolution of the Community Development Commission of the City of National City (CDC) approving an Agreement with Keyser Marston Associates to provide as needed economic consulting services for Fiscal Year 08-09 not to exceed $75,000 for redevelopment, economic development and affordable housing. (Redevelopment) NON CONSENT RESOLUTIONS 29. Resolution of the Community Development Commission of the City of National City (CDC) approving an exclusive negotiation agreement with CBS Outdoor regarding the City's comprehensive signage program and authorizing the Chairman to execute the Agreement. (Economic Development) 30. Resolution of the Community Development Commission of the City of National City (CDC) approving the Community Development Commission's preliminary budget for the Fiscal Year 2008-2009. (Finance) STAFF REPORTS 31. Verbal Report - Certificate of Deposit Account Registry (CDARS) Investment Update. (Economic Development) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 6117108- Page 7 MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday - July 1, 2008 - 6:00 p.m. - Council Chamber - National City. TAPE RECORDINGS OF CITY COUNCIL/COMMUNITY DEVELOPMENTCOMMISSION MEETINGS ARE AV.AII.AIIL FOR SALE IN THE CITY CLERICS OFFICE ITF1N If 1 City of National City Human Resources Department 140 East 12'n Street, Suite B National City, California 91950-3312 Phone No. (619) 336-4300 Fax No. (619) 336-4303 MEMORANDUM June 4. 2008, TO Chris Zapata. Cit Manager FROM Stacc) Stevens man Resources Director SUE3JF.CT EMPLOYEE IIE MONTH PROGRAM 6/17/J8 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 June 2008 is Sonia Caravantes - Housing Assistant By copy of this memo, the employee is invited to attend the Council meeting on Tuesday. June 17, 2008 to be recognized for her achievement and service. Attachment cc. Sonia Caravantes Hermi Oliveria - Housing Programs Manager Brad Raulston - CDC Executive Director Councilmember Natividad Dionisia Trejo - Mayor/Council Office Human Resources - Office File SS Igr Performance Recogndion Program (2) ® Recycled Palm I nominate Sonia Caravantes. Sonia Caravantes is the Section 8 Division's Housing Assistant. She has been with the division for 8 years now. In those 8 years, she has developed ways to streamline the waiting list process such as revising and developing forms, applicants and participants' file archives. Customer service is one of the city's primary goals. Sonia is a perfect example of this goal whether internal or external. She not only imparts accurate information to the public but also refers them to other agencies, when needed. She is the division's contact with other city departments and her relationship with them exemplifies an ideal city employee. She is always professional in her dealings with all people she comes in contact with. addition to her regular responsibilities, Sonia also assists the division in updating its Public Housing Agency and Administrative plans. These plans are required to be updated on an annual basis and have to meet certain deadlines. Sonia works in advance to make sure these deadlines are met. She also currently monitors the collection of participants' overpayment and made sure the payments are current and if not, the Housing Specialists are notified immediately. Recently, she volunteered keep track of the division's office supply expenses which is beyond her normal scope of work. She considers these additional functions as tools to widen her knowledge. With her positive attitude, excellent customer service, job performance and ability to take on new functions, Sonia truly deserves to be the City of National City's employee of the month. Nominated by: Hermi Oliveria, Housing Programs Manager June 3, 2008 ITEM #2 . 6/17/08 Approval of the Minutes of the Adjourned Regular Meeting of April 5, 2008 and the Regular City Council/Community Development Commission Meeting of June 3, 2008. (City Clerk) City of National City, California COUNCIL AGENDA STATEMENT F_, .EETING DATE June 17, 2008 AGENDA ITEM NO. 3 / ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of `3-Minute Passenger Loading Zone" signs on the west side of Newell Street adjacent to Las Palmas School restricted from 7:30am-8:30am and 1:00pm-3:00pm, Monday through Friday (TSC Item No. 2008-11) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. Environmental Review X N/A MIS Approval Financial Statement N/A STAFF RECOMMEND/ ION Ad Resoluti / COMM ISSION'RECOM ATION At their meeting on May 14, 2008 the Traffic Safety Committee approved the staff recommendation to install "3-Minute Passenger Loading Zone" signs on the west side of Newell Street adjacent to Las Palmas School restricted from 7:30am-8:30am and 1:00pm-3:00pm, Monday through Friday. Approved By: finance Director Account No. ATTACHMENTS (Listed Below) Resolution No. 1. Explanation 2. Exhibit — Recommended Improvements 3. Staff Report to the Traffic Safety Committee (May 14, 2008) A-200 (Rev. 7 03) Explanation Mr. Albert Mendivil, Principal of Las Palmas School, has requested passenger loading zone signs on the west side of Newell Street, adjacent to the school to prevent drivers from parking for extended periods of time in front of the school during pick-up/drop-off times. Staff visited the site on several occasions and observed that both staff and visitors park adjacent to the school on Newell Street during the AM and PM peak drop-off/pick-up periods. This eliminates opportunities for parents to pick-up/drop-off their children in front of the school and contributes to illegal loading in red curb zones and double parking. Therefore, staff recommends converting the remaining unrestricted parking on Newell Street adjacent to the school to passenger loading. Many of the schools in National City currently have passenger loading zones, which are supported by other jurisdictions across the state as a means for facilitating traffic flow and enforcement in school zones. Unrestricted parking for staff and visitors will still be available on the east side of Newell Street and the west side of Newell Street, south of E. 20"' Street. Based on the field investigation staff recommends the following (see attached exhibit): 1) Install approximately 167 feet of "Passenger Loading Zone" on the west side of Newell Street, north of E. 20t° Street. 2) Install approximately 95 feet of "Passenger Loading Zone" on the west side of Newell Street, south of the school parking lot driveway. 3) The passenger loading zones shall be signed as follows: "Passenger Loading Zone 3- Minute Parking Only, 7:30am-8:30am and 1:OOpm-3:OOpm, Monday through Friday. The Passenger Loading Zone" signs will be installed by the City Public Works Department. T SC 2008-11 RESOLUTION NO. 2008 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH THREE -MINUTE PASSENGER LOADING ZONES ON THE WEST SIDE OF NEWELL STREET, ADJACENT TO LAS PALMAS SCHOOL RESTRICTED FROM 7:30 A.M. TO 3:00 P.M., MONDAY THROUGH FRIDAY (TSC ITEM NO. 2008-11) WHEREAS, Albert Mendivil, Principal of Las Palmas School, has requested passenger loading zones on the west side of Newell Street, adjacent to the school to prevent drivers from parking for extended periods of time in front of the school during pick-up/drop-off times; and WHEREAS, after staff inspection, it is recommended that "Passenger Loading Zone" curbs and signs be installed on the west side of Newell Street, north of East 20th Street, and on the west side of Newell Street, south of the school parking lot driveway; and WHEREAS, the passenger loading zones are to be signed as follows: "Passenger Loading Zone 3-Minute Parking Only, 7:30 a.m. to 8:30 a.m. and 1:00 p.m. to 3:00 p.m., Monday through Friday; and WHEREAS, at its meeting on May 14, 2008, the Traffic Safety Committee approved the installation of passenger loading zones on the west side of Newell Street, adjacent to the Las Palmas School. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to establish "Passenger Loading Zone" curbs and to install signs on the west side of Newell Street, north of East 20th Street, and on the west side of Newell Street, south of the school parking lot driveway. PASSED and ADOPTED this 17th day of June, 2008. ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MAY 14, 2008 ITEM TITLE: STREET ADJACENT TO LAS PALMAS ELEMENTARY PREPARED BY: Stephen Manganielto, Engineering Department DISCUSSION: 2 REQUEST FOR PASSENGER LOADING ZONE ON NEWELL Mr Albert Mendivil, Principal of Las Palmas Elementary School, has requested passenger loading zone signs on the west side of Newell Street, adjacent to the school to prevent drivers from parking in front of the school during pick-up/drop-off times. He has also requested a "No Left Turn" sign during school drop-off/pick-up for vehicles exiting the driveway to the school parking lot to reduce congestion and improve safety Staff visited the site on several occasions and observed that both staff and visitors park adjacent to the school on Newell Street during the AM and PM peak drop-off/pick-up periods This eliminates opportunities for parents to pick-up/drop-off their children in front of the school and contributes to illegal loading in red curb zones and double parking Therefore, staff recommends converting the remaining unrestricted parking on Newell Street adjacent to the school to passenger loading. Staff agrees that installation of a "No Left Turn" sign for vehicles exiting the dnveway to the school parking lot will reduce congestion and improve safety by eliminating outbound left-tum conflicts with Newell Street through traffic This driveway is fairly close to the intersection of E. 18th Street and Newell Street making it difficult for drivers to find an adequate gap in traffic to complete an outbound left turn during the school traffic peaks. Drivers wishing to turn left out of the parking lot can turn right and travel south on Newell Street to E. 20"' Street, make a right turn on E. 20"' Street, use the cul-de-sac at the end of the street to turn around and travel back to Newell Street, and then travel north on Newell Street to E. 18`h Street. STAFF RECOMMENDATION: Staff recommends the following: 1) Install approximately 167 feet of "Passenger Loading Zone" on the west side of Newell Street, north of E. 20th Street. 2) Install approximately 95 feet of "Passenger Loading Zone" on the west side of Newell Street, south of the school parking lot driveway. 3) The passenger loading zones shall be signed as follows: Passenger Loading Zone 3 Minute Parking Only, 7:30am-8:30am and 1:OOpm-3:OOpm, Monday thru Friday. 4) Install a "No Left Turn" sign at the school parking lot driveway on Newell Street for outbound vehicles, restricted from 7:30am-8:30am and 1:00pm-3:o0pm, Monday thru Friday. Exhibit — Recommended Improvements -414 EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 4. Exhibit - Recommended Improvements 2008-11 A1'IONA1, (:I1001, ISTRIC r April 7, 2008 Stephen Manganiello City of National City Engineering Department 1243 National City Boulevard National City, CA 91950 Dear Steve: On behalf of the Las Palmas School community I am requesting to have the curb in front of the school painted to allow for passenger loading only. Please see the informal drawing sent to you on March 13, 2008. Additionally, we are requesting a no left turn sign on the south side of the driveway to the parking lot. The sign should be facing the drivers as they exit the parking lot. If you have questions, please call me at 336-8550. Respectfully, Albert Mendivil Principal I,AS PALMAS SCHOO1, Albert Mendivil - Principal I90(I I•.. 1Sth Sheet • rational City (,A 91950 • (619) 136•85011 • Fax (6191 336-Si5S • hii p."n.k1 us Creating Succe...sfitl Learner.... Now Location map , ri-, oc . d+. • )N ' Z .ie. Y`.1. �' 1 j`,'�t.. /L c�T -MiY� r w 1 H .. ., 1 ..dam `it.<4it..,.wnw-.�<..y.r 113 '1' A ti' ..Y', a^�M •. �. �,w-' ii .L`� ,' •';r.a +. Newell Street, north of E. 20`" Street (looking south) Newell Street, south of E. 18'" Street (looking south) 6 •••"on•inly•-tr.,-•--• • r- —4":7'•••••••:!*-• • • oetim• "," City of National City, California COUNCIL AGENDA STATEMENT lEETING DATE June 17, 2008 AGENDA ITEM NO. 4 ITEM TITLE \ Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of three (3) 15-minute parking spaces on the north side of W. 7th Street adjacent to EZ-Loans located at 640 National City Boulevard (TSC Item No. 2008-7) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. Environmental Review X WA MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATIO A• •.•t Resolution. / COMMISSI N RE OMMEDATION At their meeting on May 14, 2008 the Traffic Safety Committee approved the staff recommendation to install three (3) 15-minute parking spaces on the north side of W. 7 Street adjacent to EZ-Loans located at 640 National City Boulevard, restricted between the hours of 8am to 6pm, Monday through Saturday. ATTACHMENTS (Listed Below) Resolution No. 1. Explanation 2. Staff Report to the Traffic Safety Committee (May 14, 2008) A-200 (Rsr. 7)03) Explanation Fidel Flores, manager of EZ-Loans (640 National City Boulevard), Ade Sanchez, owner of Las Uvas Dell & Juice Bar (632 National City Boulevard), and Robert Cotlong, owner of R&B's Barber Shop (624 National City Boulevard) have signed a petition requesting three (3) 15- minute parking spaces on the north side of W. 7th Street, south of National City Boulevard. Currently the north side of W. 7th Street is signed as 4-hour parking and National City Boulevard is signed as 2-hour parking. Based on the site investigation and petition from local business owners, staff agrees that three (3) 15-minute parking spaces are warranted to provide higher -turnover parking opportunities for local businesses. The 15-minute green curb spaces will be installed by the City Public Works Department. TSC 2008-7 RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH THREE 15-MINUTE PARKING SPACES ON THE NORTH SIDE OF WEST 7TH STREET, ADJACENT TO EZ-LOANS LOCATED AT 640 NATIONAL CITY BOULEVARD (TSC ITEM NO. 2008-7) WHEREAS, Fidel Flores, manager of EZ-Loans, located at 640 National City Boulevard; Ade Sanchez, owner of Las Uvas Deli & Juice Bar, located at 632 National City Boulevard; and Robert Cotlong, owner of R&B's Barber Shop, located at 624 National City Boulevard, have submitted a petition requesting three 15-minute parking spaces on the north side of West 7th Street, south of National City Boulevard; and WHEREAS, at its meeting on May 14, 2008, the Traffic Safety Committee approved the installation of three 15-minute parking spaces on the north side of West 7th Street, south of National City Boulevard, and adjacent to EZ-Loans located at 640 National City Boulevard. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to establish three 15-minute parking spaces on the north side of West 7th Street, south of National City Boulevard, and adjacent to EZ- Loans located at 640 National City Boulevard. PASSED and ADOPTED this 17th day of June, 2008. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MAY 14, 2008 ITEM TITLE: "OLD BUSINESS" ITEM . NO.0087 REQUEST FOR INSTALLATION OF 15-MINUTE PARKING ON THE NORTH SIDE OF W. 7T" STREET ADJACENT TO THE CORNER OF 640 NATIONAL CITY BLVD. PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Fidel Flores, manager of EZ-Loans (640 National City Boulevard), Ade Sanchez, owner of Las Uvas Deli & Juice Bar (632 National City Boulevard), and Robert Cotlong, owner of R&B's Barber Shop (624 National City Boulevard) have signed a petition requesting three (3) 15-minute parking spaces on the north side of W. 7"' Street, south of National City Boulevard Currently the north side of W. 7"' Street is signed as 4-hour parking. Based on the site investigation and petition from local business owners, staff agrees that three (3) 15-minute parking spaces are warranted STAFF RECOMMENDATION: Staff recommends installation of three (3) 15-minute parting spaces on the north side of W. 7"' Street adjacent to comer of 640 National City Boulevard, restricted between the hours of 8am to 6pm, Monday through Friday EXHIBITS: 1. Correspondence 2. TSC Staff Report from April 9, 2008 20087(2) April 28, 2008 City of National City Office of the Engineer City of National City Traffic Safety Committee 1243 National City Blvd National City CA. 9195(1 PETITION FOR TILE INSTALLATION OF (3) THREE 15-MINUTE PARKING SPACES ON W.71rr STREET ADJACENT TO THE CORNER OF 640 NATIONAL CITY BLVD. We are submitting this petition to support the installation of (3) three 15-minute parkin, spaces on the corner of W. 7th street adjacent to the corner of the 640 National City Blvd. Item 2008-7. We collectively believe this would be a benefit and convenience to our customers and protect our ability to do businesses in the futurc. Fidel A. Flores, Managcr EZ-LOANS,I,I .0 640 National City Blvd. k130 National City, 'A 91950 Ade anche7, Owner I.as Uvas Deli & Juice Bar 632 National City Blvd National Cty, C 91950 obert Cotiong, O " ner R&B's Barber Shop 624 National City Blvd National City, CA. 91950 • TI v NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR APRIL 9, 2008 ITEM TITLE: REQUEST FOR INSTALLATION OF 20-MINUTE PARKING ON W. 7'i STREET ADJACENT TO THE BUSINESS LOCATED AT 640 NATIONAL CITY BLVD. PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Mr. Fidel Flores has requested the installation of three (3) 20 minute parking spaces on W. 7"' Street adjacent to his business located at 640 National City Boulevard to provide better access for his customers. Currently the north side of W 7"' Street adjacent to his business is signed as 4-hour parking. Staff investigated the site on several occasions and noticed that while parking was not always available directly adjacent to Mr Flores' business, parking spaces were available within 300 feet of his business. Based on the site investigation, staff does not agree that three (3) 20-minute parking spaces are warranted Staff does however support the conversion of one (1) 4-hour parking space into one (1) 30-minute parking space, to be located on the north side of W. 7"' Street. adjacent to Mr. Flores' business. The City typically provides 1!)-minute or 30-minute parking rather than 20 minute parking STAFF RECOMMENDATION: Staff recommends installation of 20 feet of green curb 30-minute parking on the north side of W. 7th Street adjacent to the business located at 640 National City Boulevard, restricted between the hours of Ram to 6pin, Monday through Friday EXHIBITS: 1. Coriespondence 2 Location Map 3 Photo 2008 7 F'ayday Advances 640 National City Blvd. Ste/II 30 National City, California. 91950 Office: 619-47.4-9477 Fax: 614)-474 -9474 l,� March 20, 2008 National ('ity Traffic Safety Committee 1243 National City Blvd. National City, California. 91950 1/ear Committee Members, 1' am writing this letter to propose a change in the current parking time limitations for the corner of 640 National City Blvd on the north side of W. 7'1. St. Currently the complete north length of W. 7th between National (.'ity Blvd and Roosevelt is zoned for 4 hours parking. I would like to request that a portion of the current zoning be amended to allow ( i) "20 minutes only" spots from the corner of National City Blvd in a west bound direction towards Roosevelt. See Attachments 1 and 2 Respectfully Submitted, ,4-7740 Fidel Flores I:7.4.0ANS, 1.1.0 W 2 nd ST. nr a n n W //I Zr. -_ h A ry W3rd = Si w tAl !,0 3.0 W4th 'ST L_J �I ws�n • ST ROOSEVELT w r F- U J z 0 z NV. 7'b Street adjacent to business at (411 National City Boulevard (looking cast) City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE June 17, 2008 AGENDA ITEM NO. 5 ITEM TITLE Resolution of the City Council of the City of National City authorizing a payment in the amount of $76,000 to Sweetwater Authority to install the new water facilities along Bay Marina Drive. (Funded by Tax Increment Fund) PREPARED BY Barby Tipton EXPLANATION DEPARTMENT Engineering EXT. 4583 In conjunction with the Bay Manna Drive Widening Project, the City is responsible to install utility services including water service within the public right of way. Although the construction of the water service facilities is part of the Bay Marina Drive Widening Project, it will be constructed by Sweetwater Authority and therefore, will not be included in the Bay Marina Drive Widening construction plans and specifications. The water utility installation needs to be completed by November 1, 2008, so that the construction of the private development in the area is not hindered. Upon payment, Sweetwater Authority will install the necessary facilities to provide water service. The construction time is estimated at 60 days. The estimated cost for the complete water facility project is $295,682.00. This estimate includes items that are necessary but not the responsibility of the City but that of the private developer. The City is only responsible for an estimated amount of $76,000.00. Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director The estimated cost is $76,000. The funds are available from Tax Increment Fund. STAFF RECOMMENDATION • do•t he Resolution. di ♦� = D / C ISSION RE OMME DATION N/A Account No. 900821 ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Sweetwater Authority Estimate swa A-200 (Rev. 7003) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING PAYMENT IN THE AMOUNT OF $76,000 TO SWEETWATER AUTHORITY TO INSTALL THE NEW WATER FACILITIES ALONG BAY MARINA DRIVE FOR THE BAY MARINA DRIVE WIDENING PROJECT WHEREAS, in conjunction with the Bay Marina Drive Widening Project, the City is responsible to install utility services, including water service, within the public right-of-way; and WHEREAS, construction of water service facilities wilt be performed by Sweetwater Authority for the estimated cost of $295,682, which must be paid prior to construction; and WHEREAS, the City's share of the facilities construction costs is approximately $76,000: and WHEREAS, upon receipt of payment, Sweetwater Authority will execute the necessary work orders to install the water service facilities in conjunction with the Bay Marina Drive Widening Project. Upon completion of construction, cost estimates will be revised and refunded/billed accordingly. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes payment of $76,000 to Sweetwater Authority to install the new water facilities along Bay Marina Drive for the Bay Marina Drive Widening Project. PASSED and ADOPTED this 17th day of June, 2008. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H Eiser, III City Attorney Ron Morrison, Mayor SWEETWATER AUTHORITY `2, f,"A- 7 1 Av�N111 (Mk 1(.1 b[ )x. {_IF< A `Jt`; 1i. 1.'u I; [)I IiJIA 40.3i . ';..^7! r...)1.111 r AY. ;1.1-,1, .3 7 , ; August 31. 2007 Mr .loe Hammond Rick Engineering 5620 Fnars (toad San Diego. CA 92110 2596 or,er(1 H(,Anp n 1,LAIJUI1AtAl,r.IIAIf JAi' -, C (IPIHI vIU (A.AilI J.\A;F'. - I.AT• .joky,) R( i,i MCA 04,•.:04 W IJi<•. n(N'I.. Iril,l Vti it 1iH e Tt (MA ; (.l Frill'.. A Ilft,...rf.11 `,t nrr..,I 1.•A1.34 ,rH Subject* FEES, DEPOSITS, AND CRFDI IS FOR INSTAI LA1 ION OF WATER FACILITIES 10 SERVE I HE MARINA GATEWAY PLAZA HOTEL, 800 BLOCK OF BAY MARINA DRIVE, NATIONAL CITY SWA I)EV. FILL-• MARINA GATEWAY PLAZA HO FEL Dear Mr Hammond• Listed below are the fees, deposits, and credits for the water facilities and required 43F,Qli‘et street improvement work tor the subject project C,111/4-1 A Abandon Service No. 29657 (that is in conflict with $3,000 6111 the proposed tree well) (deposit) I t I0 R Credit for one 5/8 •inch meter at $80/ea (fee) <80�> CtI ` I 4, C. Credit tor San I)rego County Water Authority <4,492> CA Capacity Charge for one 5/8 inch water meter at $4,492/ea (fee) CM1 f) Iiisiutt new 1-inch water service to replace Service /,100 C 11‘1 { No 29657 (deposit) GI,t4 E. One 5/8-inch meter at $80/ea (fee) 00 i.11q t\100 .} 1-. Sun Diego County Water Authority Capacity Charge 4,492 GIT`I for cane 5/8-inch writer meter ,it $4,492/ea (fee) \p1,jti G Adjust one Fire I ly(lrant and one Sample Point per 6,500 C (11 Developer'; Street Intprovemeiit Plan (deposit) 2 H City of National City Permit (fee) 258 s Ci1-1-1 I. Install three 2-inch water services (deposit) 27,000 bt-CLi G 1-N J Install three 2-inch meter:; at $350/ea (fee) 1.050 MGOC dD Yi K San Diego County Water Authority Capacity Charge /0,074 MGDC for three 2 inch water meters at $23,3581ea (fee) b' 1 UAW.J 1 Sweetwater Authority Capacity Fee for 61.8 EDl I's at 149,040 MbAQeI ` ?.300/e,i (fee) <: /'ith!r; ; li trr ew. v Va tinn:/City, j'iat Mr. Joe I tamrnond He. Fees and Deposits. and Credits - Marina Gateway Plaza Hotel August 31, 2007 yc2of2 C [['1 M Install two 10-iiich Fire Services (deposit) 31,500 C1T'-I N. Install two 5/8-inch detector meters at $fill/ea (fee) 160 fAUQC, TO I AL $295,682 Mr. Miguel Alvarez of Sweetwater Authority'. (Authority) Cross -Connection Control Department will contact you regarding Ilse type of hackflow prevention device required for your new service. Uport receipt of the $295,682, the Authority will execute the necessary work orders to install the above facilities. A portion of the total cost is an estimate only; therefore, the actual final costs may vary. Upon completion of the installation, the costs will t)e tabulated, and billing or refund will be made to the Developer. In the event that a thirty (30)-day period elapses front the date of this Letter, the above fees, deposits, and credits may be revised Fnclo sed are: Backflow Prevention Questionnaire (four), Service Modification (one). Service Applications; (six), Application for Water Service Business (three), <and Application for Water Service Business with Private Fire Protection (two) that need to be completed and returned to the Authority :Tong with the $295,682. Also enclosed are two Applications for Private Fire Protection Application for Private fire Protection Lateral (in triplicate) that need to he completed and returned to the Authority. Please note that it is the Owner's responsibility to obtain signatures from the fire department on all three (3) copies of each of the Application for Private Fire Protection Laterals. If you have any questions, please contact Ms. Laurie Cdw<rrcis al (619) 409-6758. Sincerely, SWFFTWATFlt AU I HORI TY / ; - ' -`1 , Hector Mar liner Engineering Manager HM:LJL.vls enclosures. as cited cc. Mr. Miguel Alvnre7, Sweetwater Authority (w/o enclosures) Nei ).wltvt.Vnna (;.+b,way hi,)za HotdlCorlunpdev liew,:;,rdres_nwnn.uJtway_pria h,�tnl drr. City of National City, California COUNCIL AGENDA STATEMENT METING DATE June 17, 2008 AGENDA ITEM NO. 6 (-ITEM TITLE A Resolution of the City of National City to award a contract in the amount of $5,327,000 to Koch -Armstrong General Engineering, Inc. for the National City Street Resurfacing Project and authorizing the Mayor to sign the contract (Funded by Traffic Congestion Relief, Gas Tax and Proposition A, Proposition 1 b Funds and CIWMB Grants) PREPARED BY Alberto Griego DEPARTMENT Engineering EXT. 4386 EXPLANATION See Attached Explanation. c Environmental Review X N/A MIS Approval Financial Statement 4,74IY1eo- (S aye kt ie F • Director The total cost of the project is estimated to be $6,925,100.00. This amount is within the estimated budget for this project. Funding is available through Gas Tax Fund Account No 109-409-500-598-6035, Traffic Congestion Relief Fund Account No. 345-409-500-598-6035, Proposition TransNet Fund Account No. 307-409-500-598-6035, Proposition 1 b and CIWMB Funds. Account No. ATTACHMENTS (Listed Below) 1. Resolution 4. List of Streets 2. Bid Opening Sheet 3. Bid Summary Resolution No. street A-200 (Rev. 7f03) A Resolution of the City of National City to award a contract in the amount o1'55,327,000 to Koch- lrmstrong General Engineering, Inc. Ibr the National City Street Resurfacing Project and authorizing the Mayor to sign the contract (Funded by 'traffic Congestion Relief, Gas "fax and Proposition A, Proposition lb Funds and C1WMB (irants) EXPLANATION: 'this project includes approximately 85,704 square feet of Cold Milling, approximately 1,559.631 square feet of Leveling Course, approximately 378,002 square yards of ARAM, approximately 312,381 square feet of Asphalt Rubber Hot Mix, approximately 294,266 square yards of Type 11 Slurry Seal. approximately 85,335 square feet of Remove and Replace 3" Asphalt over 8" Class Ii Rase, approximately 27,507 square feet of Remove and Replace Asphalt only, 1 lump sum of (rack Filling, 9,955 square feet of Remove. and Replace Sidewalk. 246 linear feet of Remove and Replace Curb Only, approximately. 795 linear feet of Remove and Replace Curb and (;utter. approximately 1,155 square feet of Remove and Replace Driveway, approximately 396 square Icet of Remove and Replace Alley Apron, approximately 1,623 square feet of Remove and Replace Cross (.Wetter. approximately 14 Pedestrian Ramps. approximately 155 Adjustments of Sewer Manhole, approximately I 1 Adjust Sewer Cleanout to ( iradc. approximately 16 Adjustment of Survey iMonunrent to grade, the reinstallation of approximately 38 Traffic Loops, the replacement of all damaged traffic striping. provide ARIIM-GG Warranty. 24 30" x 30" signs, approximately 230 tons of conventional Asphalt, approximately 145 linear feet of 6" Asphalt Dike. All affected pavement markings will be replaced. The streets to he resurfaced have been selected using the "2003 Pavement Management Program Jpdatc" which utilizes a Pavement Condition Index (PCi) that is a numerical value assigned to a pavement section based on its overall condition. Attached is the list of streets and map showing the streets that will be included in the resurfacing project. On May 23, 2008 this project was advertised inviting bids in local newspapers. On June 09, 2008, six (6) bids were received and opened for the National City Street Resurfacing Project, FY 08-09, Specification No. 08-04. The lowest hiddcr was Koch -Armstrong General Engineering, Inc. See attached bid opening sheet for other bidder information. Staff has reviewed all the proposals and found the lowest responsive bidder, Koch -Armstrong General Engineering, Inc., qualified to perform the work. As stated in the Financial Statement, the total cost of the project is estimated to be S6,925,100.00. This amount includes the construction bid price ol'S5,327,000.00 plus approximately 20% ($I,065,400.00) for contingencies, and approximately 10% (S532,700.00) for construction management, materials testing, inspection, and surveying. The estimated start and end dates for this project are Monday June 30, 2008 and Friday October 31, 2008. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO KOCH-ARMSTRONG GENERAL ENGINEERING, INC. IN THE AMOUNT OF $ 5,327,000 FOR THE NATIONAL CITY STREET RESURFACING PROJECT WHEREAS, the Engineering Department, in open session on June 9, 2008, did publicly open, examine, and declare six sealed bids for the National City Street Resurfacing Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Street Resurfacing Project to the lowest responsive, responsible bidder, to wit: KOCH ARMSTRONG GENERAL ENGINEERING, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $5,327,000 with Koch Armstrong General Engineering, Inc. and the City of National City for the National City Street Resurfacing Project. Said contract is on file in the office of the City Clerk. ATTEST: PASSED and ADOPTED this 17th day of June, 2008. Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor BID OPENING SPECIFICATION NUMBER: 08-04 PROJECT TITLE: NATIONAL CITY STREET RESURFACING PROJECT, FY (18-09 OPF:NING DATE: MONDAY, JUNE 9, 2008 TIME;: 3:00 P.M. ESTIMATE: $6.07(,,000.00 PROJECT ENGINEER: ALBERTO (iRIEGO NO 13IDDFR'S NAMI•. 131D AMOUNT ADDENDA rflr)SI ('f"RI I (PAGE is) WAGE 17) (I'AGE 15) (PAC& 20•CIILI K (PA(iE 21 •RONDI 1 2. 5. Koch-Ar(nstrong General Eng. 15315 Olde liwy 80 El Cajon, Ca 92021 Daley Corporation 5370 Fast1 ate Mall San Diego, Ca 9212 I ABC Construction, Inc. 3120 National Avenue San Diego, ('a 921 13 Sinl J. llarris, Inc. 4375 Jutland Drive, Suite 200 San Diego, Ca 92117 Hazard Construction Co. 6405 Mai industry Drive San Diego, Ca 92121 Hardy and Harper, Inc. 1312 F. Warner Avenue Santa Ana, Ca 92705 S5.327,000.00 $5.462,599.30 $5,697.361.34 Bond Bond 1,2 $5,899,555.00 $5 918,800 96 $5,949,000.00 1,2 ,2 1,2 Bond Bond (Bond Bond • ,4 t • ♦ �1I.1.• f 1,.11.. .• 44141 1 1 •.• . ,cagy l•Y L.V• 19.w,♦. r m", 1 , l.. 4. • • t , , . ,,. ,,. 1 • • , • ,1 • ' 4' • t . • 1 1: • { •.I.v • u. t e.11l1. 1 e.• $ S. 11..1 ... • • I. -.. ... I ., 1 t v. ,., 1 t• 1 - .. • . . . • ,.l t . _ .. . _ .. ,._ t _ _ ...._ ... 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MOM 4A10MAL C I" ILVO TO { ,At City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE June 17, 2008 AGENDA ITEM NO. 7 (ITEM TITLE Resolution of the City Council of the City of National City accepting the property located at the intersection of East 14"' Street and "N" Avenue into the city's street system, in accordance with and pursuant to Street and Highways Code Section 1806, and naming the parcel of land PREPARED BY Mauro Nebreja DEPARTMENT Engineering EXT. 4395 EXPLANATION Currently the City of National City owns a parcel of land at the intersection of E. 14Th Street and N Avenue further described as the Westerly 30 feet of Lot 5 of Palm Court Subdivision Map No. 2234. This property was deeded to the City by Harrison and Anna Freeman by grant deed on August 25, 1959 (See attached grant deed and accepted by the City on October 13, 1953). Although the parcel has never accepted into the street system, street improvements have been constructed on the property. Staff has determined that this property will serve the community best if it is dedicated for street purposes. The owner of the adjacent lot to the north has proposed a three lot subdivision of their parcel and has submitted plan for the grading and construction of two single family homes and will use the new street for ingress and egress. This Resolution will also provide for the naming of the parcel as N Avenue. J Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMME • ATION Adopthe Res,,. .n. OC ' MENDATION N/A ATTACHMENTS (Listed Below) 1. Grant Deed from Harrison H. Freeman and Anna J. Freeman 2. Exhibit "A" 3. Map No. 2234 Resolution No. 2234 A-200 (R.v. 7I03) RESOLUTION NO. 2008 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE PROPERTY LOCATED AT THE INTERSECTION OF EAST 14TH STREET AND "N" AVENUE INTO THE CITY'S STREET SYSTEM, IN ACCORDANCE WITH AND PURSUANT TO STREET AND HIGHWAYS CODE SECTION 1806, AND NAMING THE PARCEL OF LAND WHEREAS, the property located at East 14th Street and "N" Avenue, further described as the westerly 30 feet of lot 5 of Palm Court Subdivision Map No. 2234, was deeded to the City by Harrison and Anna Freeman by grant deed on August 25, 1959, and accepted by the City on October 13, 1959; and WHEREAS, staff has determined that this property will serve the community best if it is accepted into the street system. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City accepts the property located at the intersection of East 14th Street and "N" Avenue, further described as the westerly 30 feet of lot 5 of Palm Court Subdivision Map No. 2234, into the City's street system, pursuant to the California Street and Highway Code 1806 BE IT FURTHER RESOLVED that the described parcel of land shown on Exhibit "A' shall henceforth be known as a portion of "N" Avenue. PASSED and ADOPTED this 17th day of June, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney LEGAL DESCRIPTION THE WESTERLY 30 FEET OF LOT I1 IN PALH (:inner, ACCORDING TO TILE MAY THEREOF NO. "1.114, FILED IN THE OFFICE (1F THE COUNTY RECORDER OF SAID SAN DIEGI) COUNTY, FER IIARY 28, 1919. 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I •.I • •'.I . • It .•• w f • City of National City, California COUNCIL AGENDA STATEMENT .AEETING DATE June 17, 2008 AGENDA ITEM NO. 8 (-ITEM TITLE Resolution of the City of National City Council approving a Cooperative Agreement between the State of California and City of National City for Plaza Boulevard Widening project and Authorizing the Mayor to execute the Agreement PREPARED BY Din Daneshfar EXPLANATION See attached explanation. DEPARTMENT Engineering EXT. 4387 Environmental Review X NIA MIS Approval Financial Statement Approved By: Finance Director N/A Account No STAFF RECOMMENDATION A. • p he Resol ( id ' • • RD / COMMIS 0 RECOMMEDATION N/A • ATTACHMENTS (Listed Below) Resolution No. 1. Resolution f 2. Cooperative Agreement (4 onginal copies) se A 200 (Rev i'03) EXPLANATION: The project includes the widening of approximately 1.1 miles of Plaza Boulevard in the eastbound and westbound directions between llighland Avenue on the west and Euclid Avenue on the cast, including a segment under Interstate 805 (1-805). The purpose of widening portions of Plaza Boulevard is to add capacity and reduce existing congestion, decrease traffic delays, and maintain continuity in Levels of service (LOS) established by the City. The Preliminay Engineering and Environmental Assessment phases of the project have been completed. The final design and right of way acqusition phases of the project are underway. However, a cooperative agreement between the State of California and the City of National City is rquired for the final design of the portion of Plaza Boulevard Widening improvements within the State Right of Way at i-R05 intersection. The purpose of this resolution is to approve the proposed coorporative agreement. By signing this agreement. the State is generally agreeing to review and oversight the project Plans, Specifications. and Estimates (PS&E) package and provide an encroachment permit (after proper application) at no cost to the City and the City is agreeing to follow state standards and procedures for processing the PS&E, perform the necessary work for final design, provide the necessary project data, and maintain qualified personnel to complete the work needed for the design of the widening within the state right of way. The attached agreement includes further detailed explanation. The estimated completion date for the final construction plans, specifications and cost estimates is April 1, 2009. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A COOPERATIVE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE STATE OF CALIFORNIA FOR PLAZA BOULEVARD WIDENING PROJECT WHEREAS, a Cooperative Agreement ("Agreement") between the City and the State of California is required for the final design of the portion of Plaza Boulevard Widening Improvements within the State right-of-way at the intersection of Plaza Boulevard and Interstate 805; and WHEREAS, the State is agreeing to review and oversee the project Plans, Specifications, and Estimates ("PS&E") package, and provide an encroachment permit (after proper application) at no cost to the City; and WHEREAS, the City agrees to follow state standards and procedures for processing the PS&E, perform the necessary work for final design, provide the necessary project data, and maintain qualified personnel to complete the work needed for the design of the street widening with the State right-of-way. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Cooperative Agreement between the City and the State of California for the final design of the portion of Plaza Boulevard Widening Improvements within the State right-of-way at the intersection of Plaza Boulevard and Interstate 805. Said Cooperative Agreement is on file in the office of the City Clerk. ATTEST: • PASSED and ADOPTED this 17th day of June, 2008. Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor STATL 01 CALIFORNIA-- 6IJSINI SS. fRANSPORTAT1-ON AND IIOU_$PJG MAN( Y A RN( 11 0 SCNW 11t/INr(:GL R. Govcrool DEPARTMENT OF TRANSPORTATION District I 1(IS(1 Taylor Street MS I?' m rlirpo. CA Q21 10 ON F (619) 220 5.1l(' . A' (6I' )6XX.6IXS April 30, 2008 Mr. Din Daneshfar, City Project Manager City of National ( sty 1243 National City. Blvd National City, CA 91950 Mr. Daneshtar: !let yore power' R, energy cll. r, nN 1 1-SI)-805 Agreement No. I I -0635 cn (n Enclosed are four (4) originals of Cooperative Agreement No 1 1-0635 between the State of California. City of National City. "lease arrange for the Cooperative Agreement to he executed on the flagged pages. Return all four original .greements and attach to each one a certified copy of City Council's resolution or meeting minutes, if available/applicable, authorizing the Agreement. Upon further execution by the State, we will return one fully executed original for your tiles. We greatly appreciate the timely processing of this Agreement and request that you return the signed originals as soon as possible. If you have any questions. please feel free to contact me at (619) 7.20-5416 or the Project Manager. Chuck Davis at (619) 688-3156. Please return all the signed copies via traceable means to: California Dept of Transportation Roy Ahhoud 4050'I'aylor Street MS 122 San Diego. CA 92110 Sincerely, Roy Ahhoud ('ooperativc Agreements ..( alirans ,mprures mohr6b•,uer»sc C. d,h,rno, l 1-SD-805 I'M 10.0/10.6 EA 11-263901 Agreement No. 11-0635 805/Plaza Boulevard 1)esign Phase COOPERATIVE AGREEMENT This AGREEMENT entered into on , 2008, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation. referred to herein as "STATE", and City of National City. a municipal corporation of the State of California, referred to herein as "CITY". RECITALS 1. STATE and CITY, pursuant to Streets and I lighways Code Section 130 and 114, are authorized to enter into a Cooperative Agreement for improvements to State Highway System (SHS) within the CITY. 2. CITY plans SI IS improvements consisting of interchange modifications to increase capacity to accommxlatc projected 2030 traffic volumes on Plaza Boulevard at Interstate 805, referred to herein as "PROJECT". 3. CITY intends to prepare Plaits, Specifications and Estimates (PS&E) and to perform right of way activities, collectively referred to herein as "WORK", and is willing to fund one hundred percent (100%) of all costs of WORK, except for costs of SfATI;s Independent Quality Assurance (IQA), which will be borne by SIATF 4. This Agreement supersedes any prior Memorandum of Understanding (MOIJ) relat- ing to PROJECT. 5. Environmental Documentation was completed by (.'f1Y on May 15, 200( and acknowledged by STATE on May 19, 2006. 6. The Project Study Report/Project Report (PSR/PR) prepared by CITY was acknowledged/approved by STATE on April 17, 2008. 1 Agreemewt 11-063S 7. Construction of said PROJE('f will be the subject of a separate future agreement. 8. The parties hereto intend to define herein the terms and conditions under which PROJECT is to he designed and financed. SECTION I CITY AGREES: I. To firnd one hundred percent (I00%) of all WORK costs, except for the cost of IQA activities of said WORK, which will he provided by STATE at no cost to CITY. 2. To have a detailed PS&E prepared at no cost to STATE, and to submit each to STATE for S'I'ATE's review and concurrence at appropriate stages of development. The final plans and specifications for PROJECT shall he signed by a Civil Engineer registered in the State of California. 3. To permit STATE. to monitor and participate in the selection of personnel who will prepare the PS&E, and provide the right of way engineering services, and to permit STATE: to oversee the performance of right of way activities. CITY agrees to consider any request by STATE: to discontinue the services of any personnel considered by STATE to be unqualified on the basis of credentials, professional expertise, and failure to perform in accordance with the scope of work and/or other pertinent criteria. 4. Personnel who prepare the PS&E and right of way Wraps shall be made reasonably available to STATE, at no cost to STATE, through completion of construction of PROJECT to discuss problems that may arise during PS&E, right of way acquisition, construction and/or to make design revisions for contract change orders. 5. All PROJECT work, except as set forth in this Agreement, is to he performed by CITY. Should CITY request that STATE perform any portion of PROJECT work, except as otherwise set forth in this Agreement, CITY shall first agree to reimburse STATE for such work pursuant to an amendment to this Agreement or a separate executed agreement. 6. All PROJECT work performed by CITY, or perforrned on CITY's behalf, shall be performed in accordance with all State and Federal laws, regulations, policies, procedures and standards that STATE would normally follow. All such PROJF(.'T work shall he submitted to STATE fur STATF's review, comment, and concurrence at appropriate stages of development. 2 3 Agreemcot II-06.15 7. To make written application to STATE for necessary encroachment permits authorizing entry of CITY onto the SI IS right of way to perform surveying and other investigative activities required for preparation oldie PS&E. X. To identify and locate all utility facilities within the area of PROJECT as part of the design responsibility for PROJECT. Ali utility facilities not relocated or removed in advance of construction shall he identified on the PS&E ter PROJECT. 9. If any existing utility facilities conflict with the construction of PROJECT or violate STATE's encroachment policy, CITY shall make all necessary arrangements with the owners of such facilities for their timely accommodation, protection, relocation, or removal. 'fhe costs for the PROJECT's positive identification and location, protection, relocation, or removal of utility facilities whether inside or outside STATE's right of way shall be determined in accordance with Federal and California laws and regulations, and STATF..'s policies, procedures, standards, practices, and applicable agreements including, but not limited to. Freeway Master Contracts. 10.'fo furnish evidence to STATE, in a form acceptable to STA'I}, that arrangements have been made for the protection, relocation, or removal of all conflicting facilities within the SHS right of way and that such work will he completed prior to the award of the contract to construct PROJECT or as covered in the PS&E for said contract. This evidence shall include a reference to all required SI IS encroachment pernuts. 11. CITY shall require any utility owner and/or its contractor perforn►ing the protection or relocation work within the SHS right of way to obtain an encroachment permit from STATE prior to the performance of said work. 12. To acquire and furnish all right of way for project, if any, outside of the existing SI IS right of way and to perform all right of way activities, including all eminent domain activities, if necessary, at no cost to STATE, and in accordance with procedures acceptable to STATE. 'These activities shall comply with all applicable State and Federal laws and regulations, subject to STATE's IQAactivities to insure that the completed work is acceptable for incorporation into the SHS right of way, as further defined in the State's current Right of Way Manual. 13. 'i'o utilize the services of a qualified public agency or a qualified consultant, as determined by STATE's Deputy i)ivision Chief of Right of Way, in all matters related to the acquisition of right of way in accordance with STA'11''s procedures as published in STATE's current Right of Way Manual. Whenever personnel other than personnel of a qualified public agency are utilized, administration of the personnel contract shall be performed by a qualified Right of Way person employed or retained by CITY. 14. To certify legal and physical control of right of way ready for construction and that all right of way parcels were acquired in accordance with applicable State and Federal laws 3 Agreement 11-0635 and regulations, subject to review and concurrence by STATE: prior to the advertisement for bids for the contract to construct PROJECT. 15. To deliver to STATE legal title to the right of way by deed, including access rights, lice and clear of all encumbrances detrimental to S'EATE's present and future uses not later than the date of acceptance by STATE of maintenance and operation of the highway facility. Acceptance of said title by STATE is subject to a review of a Policy of 'Title Insurance in the name of the State of California to he provided and paid for by CITY. 16.If CITY desires to have STATF: advertise, award, and administer the construction contract for PROJECT, CITY shall provide all plans prepared by CITY or CITY's consultant on CD using a Micro Station SE compatible .dgn format. One copy oldie data on the CD, including the Engineer's electronic signature and seal, shall be provided to STATE upon completion of the final PS&E for PROJECT. STATE reserves the right to modify the CD requirements and STATE shall provide CITY advance notice of any such modifications. Reimbursement to STATE for cost incurred by STATE. to advertise, award and administer the construction contract for PROJECT will be covered in a separate Cooperative Agreement. 17. As the PROJECT construction phase is the subject of a future agreement, CITY in administering and contracting to perform the other phases of the PROJECT, namely PS&E, and right of way activity phases, agrees to include a "conflict of interest" requirement in the PROJECT design consultant contracts that prohibits that design consultant from being employed or under contract to the future PROJECT construction contractor. 18. To obtain, at (TTY's expense all necessary permits and/or agreements from appropriate regulatory agencies. All mitigation, monitoring, and/or remedial action required by said permits shall constitute parts of the cost of PROJECT. 19. All aerial photography and photogrammctric mapping shall contitrn to STAT E's latest standards. 20. A copy of all original survey documents resulting from surveys performed for PROJECT, including original field notes, adjustment calculations, final results, and appropriate intermediate documents, shall he delivered to STATE E and shall become property of STATE. E. For aerial mapping, survey documents to be furnished are three sets of contact prints, with one set showing control, a complete photo index - two prints and a copy of the negative, and the original aerial photography negative. 21 To provide, at no cost to STATE, survey and mapping services necessary to perpetuate existing land net and alignment rnonumentation for the project in accordance with Sections 8771 and 8765 of the Business and Professions Code. A Record of Survey Map delineating existing and new or proposed right of way, land net, property boundaries, existing sheets or roads, any surveyor's notes resolving material discrepancies, and project control; he prepared in accordance with the Professional Land Surveyors Act, be a 4 5 Agreement I I-0635 true representation of the legal descriptions, delineating all land survey dimensions mentioned in the legal descriptions, show set project control monuments, show set monuments for new right of way, show existing and/or proposed right of way lines, show perpetuation of any existing land net control monuments that may he (were) destroyed during constructions, and be scaled and signed by the surveyor in responsible charge. CITY shall deliver one copy of any field notes, tiled Corner Records, and the Record of Survey required for execution of the above obligation, to STATE's District 11 Survey Branch. The Record of Survey Map is to be recorded with a county Surveyor's note within 90 days of the project completion. 22. To prepare Right of Way Engineering Hard Copies, Right of Way Appraisal Maps. Record of Surveys, and Right of Way Record Maps in accordance with the State of California Right of Way Manual, Chapter 6 - Right of Way Engineering, the State of California Drafting and Plans Manual, the State of California Surveys Manual Chapter 10, applicable State laws, and other pertinent reference material and examples as provided by STATE. 23. To have all necessary Right of Way Maps and Documents used to acquire right of way by ('IlY, prepared by or under the direction of a person authorized to practice land surveying in the State of California. Each Right of Way Map and Document shall bear the appropriate professional seal, certificate number, expiration date of registration certification and signature of the licensed person in "Responsible Charge of Work". 24. To submit to STATE for review and acceptance all Right of Way Engineering Hard Copies and Right of Way Appraisal Maps with appurtenant back-up and reference data prior to preparation of legal descriptions and acquisition documents. 25. Personnel who prepare right of way maps, documents, and related materials shall he made reasonably available to STATE, at no cost to STATE, during and after construction of PROJECT until completion and acceptance by STATE of Right of Way Record Maps and Records of Surveys. 26. To provide a schedule of work for the entire PROJECT. Schedule to include Mylar copies of Right of Way Record Maps and electronic copies in native Micro station format. The specific dates or duration's for each of the major elements as described in Article 2 of Section I, and to include the construction duration. 27. To subtnit to STATE, final Mylar copies of Right of Way Record Maps and electronic copies in native Micro station format. 28. CITY contact information: Attn: Mr. Din Daneshtar, ('Ity Project Manager City of National City 1243 National City Blvd National ('ity, CA 91950 5 SECTION II STATE AGREES: ,\grccment { 1 -O6 1. At no cost to ('ITY, to provide IQA activities of WORK work on PROJECT done by CITY or its designee, to provide prompt reviews and approvals, as appropriate, of submittals by CITY, and to cooperate in timely processing of PROJE( 2. Upon proper application by CITY, to issue, at no cost to CITY, an encroachment permit to CITY authorizing entry onto the SHS right of way to perform survey and other investigative activities required for preparation of PS&F.. If CITY uses consultants rather than its own staff to perform required work, the consultants will also be required to obtain a separate encroachment permit. 'these permits will be issued at no cost upon proper application by the consultants. 3. STATE contact infom ation: Attn: Mr. Chuck Davis, Project Manger Calitornia Department of Transportation 4050 Taylor Street San Diego, CA 921 10 (619)688-3156 SECTION 111 MUTUALLY AGREED: All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the legislature, State Budget Act authority, and the allocation of funds by the C'alifornia'fransportation Commission. 2. the parties to this Agreement understand and agree that STATH's IQA is defined as providing STATE policy and procedural guidance through to completion of WORK administered by CITY. This guidance includes prompt reviews by STATE to assure that all work and products delivered or incorporated into the PROJECT by CITY conform with then existing STATE standards. IQA does not include any PROJECT related work deemed necessary to actually develop and deliver the PROJECT, nor does it involve any validation to verify and recheck of any work performed by CITY and/or its consultants and no liability will he assignable to STATE, its officers and employees, by CITY under the terms of this Agreement or by third parties by reason of S I'ATf 's IQA oversight activities. All work performed by STATE. that is not direct IQA shall he chargeable against PROJE(.''l' funds as a service for which 6 Agreemeal STATE will invoice its actual costs. CITY will pay or authorize STATE TE to reimburse itself from then available PROJECT funds. The Project Study Report/Project Report (PSR/PR) for PROJECT prepared by CITY and approved/acknowledged by STATE April 17, 2008, is by this reference, made an expressed part of this Agreement. 4. The basic design features (as defined in Exhibit A and Exhibit B of the Scope of Work for PROJECT) shall comply with those addressed in the approved PSR/PR, unless modified as required for environmental cleanmcc and/or Federal Highway Administration FIIWA approval of PROJM' C'f. 5. That the Scope of Work, attached hereto as Exhibit A and Exhibit R and incorporated herein, is a guide for the parties on the WORK activities. It' there is a conflict between the terms of this Agreement and the Scope of Work, the terms of the Agreement shall control. 6. CITY agrees to obtain, as a PROJECT cost, all necessary PROJECT permits, agreements, and/or approvals from appropriate regulatory agencies, unless the parties agree otherwise in writing. If STATE agrees in writing to obtain said PROJECT permits, agreements, and/or approvals, those said costs shall be paid for by (TFY, as a PROJECT coat. CITY shall be fully responsible for complying with and implementing any and all environmental commitments set forth in the environmental documentation, pcm►it(s), agreement(s), and/or environmental approvals for PROJECT. The costs of said compliance and implementation shall be a PROJF:(T cost. 8. If there is a legal challenge to the environmental documentation, including supporting investigative studies and/or teelmical environmental report(s), perntitts), agreement(s), environmental commitments and/or envirotunental approval(s) fur PROJECT, all legal costs associated with those said legal challenges shall be a PROJECT cost. 9. If, during preparation of the I'S&E or performance aright of way activities, new information is obtained which requires additional environmental documentation to comply with CEQA and/or NEPA, this Agreement will be a►nended to inctndccompletion of those additional tasks. 10. All administrative reports, studies, materials, and documentation, including, but not limited to, all administrative drafts and administrative finals, relied upon, produced, created or utilized fur PROJECT will be held in confidence, pursuant to (iovernment Code section 6254.5(e). The parties agree that said material will not he distributed, released or shared with any other organization, person or group other than the parties' employees, agents and consultants whose work requires that access without the prior 7 4 Agreement 11-06.r5 written approval of the party with the authority to authorize said release and except as required or authorized by statute or pursuant to the terms of this Agreement. The design and right of way acquisition for PROJECT shall be performed in accordance with S'i'ATE's standards and practices current as of the date of performance. Any exceptions to applicable design standards shall first be approved by STATE via the processes outlined in STATE's Highway Design Manual and appropriate memorandums and design bulletins published by STATE. In the event that STATE proposes and/or requires a change in design standards, implementation of new or revised desigrr standards shall be done as part of the work on PROJECT in accordance with STATE's current ihighway Design Manual Section 82.5, "Effective Date for Implementing Revisions to Design Standards." STATE shall consult with CiTY in a timely manner regarding elect of proposed and/or required changes on PR(_)JI- ('T. 12. CITY's share of all changes in development and construction costs associated with modifications to the basic design features as described above shall be in the same proportion as described in this Agreement, unless mutually agreed to the contrary by STATE and CITY in a subsequent amendment to this Agreement. 13. Any hazardous material or contamination of an I IM-I category found within existing SHS right of way during PROJECT shall be the responsibility of STATE. Any hazardous material or contamination of an I Ilv1-1 category found within local road right of way during PROJECT' shall be the responsibility of CITY. For the purpose of this Agreement, hazardous material of HM-I category is defined as that level or type of contamination which trust be remediated by reason of its mere discovery regardless of whether it is disturbed hy PROJECT or not. STATE shall sign the HM- I manifest and pay all costs for remedy or remedial action within existing SHS right of way, except that if STATE determines, in its sole judgment, that S fA'I'E.'s cost for remedy or remedial action is increased as a result of CiTY's decision to proceed with PROJECT, that additional cost identified by STATE shall be borne hy CITY. CITY shall sign the t1M-I manifest and pay all costs for required remedy or remedial action within local road right of way or other property. While STATE will exert every reasonable effort to fund the remedy or remedial action for which STATE is responsible, in the evens STATE. is unable to provide funding, CITY will have the option to either delay PROJECT until STATE is able to provide that corrective funding or ClIN may proceed with the remedy or remedial action as a PROJECT expense without any subsequent reimbursement by STATE. 14. Any remedy or remedial action with respect to any hazardous material or contamination of an i IM-2 category found within existing SI IS right of way shall be the responsibility of ('ITY who shall sign the I IM-2 manifest and management of HM-2 will be a PROJECT cost if the PROJECT I' proceeds. Any remedy or remedial action with respect to any hazardous material or contamination of an HM-2 category found within CITY right of way shall he the responsibility of (1TY who shall sign the IIM-2 manifest and management of I iM-2 will he at CITY's cost, if the S Agreement 1i-0635 PROJE('"I. proceeds. For the purpose of this Agreeinent any hazardous material or contamination of HM-2 category is defined as that level or type of contamination which said regulatory control agencies would have allowed to remain in place if undisturbed had PROJECT not proceeded. i S. if hazardous material or contamination of either HM-1 or I IM-2 category is found on new right of way acquired by or on account of CITY for PROJECT, CITY shall he responsible, at ('TTY's expense, for all required remedy or remedial action and/or protection in the absence ofa generator or prior property owner willing and prepared to perform that corrective work.. 16. Locations subject to remedy or remedial action and/or protection include utility relocation work required for PROJF:C" f. Costs for remedy and remedial action and/or protection shall include, but not be limited to, the identification, treatment, protection, removal, packaging, transportation, storage. and disposal of such material. 17. Remedial actions proposed by CITY on the SITS right of way shall be pre -approved by S FATE and shall be pertirrincd in accordance with S'FATE's standards and practices and standards mandated by the Federal and State regulatory agencies. 18. A separate Cooperative Agreement will be required to cover responsibilities and funding for the constriction phase of PROJF('I'. 19. Should any portion of PROJEC 1. be financed with Federal funds or State gas tax funds, all applicable laws, regulations and policies relating to the use of such lands shall apply, notwithstanding other provisions of this Agreement. 20. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or to affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the development, design, construction, operation or maintenance of State highways and public thcilities different from the standard of care imposed by law. Agreement 11-0635 21. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnity and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by C1't'Y under this Agreement. 22. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by S'FATE, under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the CITY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement. 23. No alteration or variation of the terms of this Agreement shall be valid unless made by a formal amendment executed by the parties hereto and no oral understanding or agreement not incorporated herein shall he binding on any of the parties hereto. I0 Agrva uirul I I -06ti 24. This Agreement shall terminate upon the satisfactory completion of all post - PROJECT construction obligations of CITY and the delivery of required PROJFCT construction documents, with concurrence of STATE, or on December 3I, 2010, whichever is earlier in time, except that the ownership, operation, maintenance, indemnification, environmental commitments, legal challenges, and claims articles shall remain in effect until terminated or modified, in writing, by mutual agreement. Should any construction related or other claims arising out of PROJNCI. be asserted against one of the parties, the parties agree to extend the fixed termination date of this Agreement, until such time as the construction related or other claims are settled, dismissed or paid. STATE OF CALIFORNIA CITY OF NATIONAL CITY 1epartment of Transportation Will Kempton Director of fransportation By Deputy District Director Certified as to funds: By District Budget Manager BK Approved as .o form anc1'jrocedyre: By Attorney, Department of Transportation ('ertified : to procedure: By untrng Adm Reimbursements Is t' ator cct ion By _ _ Mayor By Deputy City Attorney 11 Agreement I 1-0635 Exhibit A SCOPE OF WORK This Scope of Work outlines the specific areas of responsibility for various WORK activities for the proposed improvements consisting of a revised interchange on Interstate 805 at Plaza Blvd. 1. CITY and STATE concur that the proposal is a Category 4A project as defined in STATE's Project Development Procedures Manual and is one hundred per cent (I00%) locally funded. 2. S I A'I F will review and monitor, all design reports, studies, and plans. 3. The existing freeway agreement need not be revised. 4. All phases of PROJECT, from inception through constnretion, whether done by CITY or STATE. will be developed in accordance with all policies, procedures, practices, and standards that STATE would normally follow. 5. Detailed steps in the project development process are attached as Exhibit B to this Scope of Work, Exhibit A. These exhibits arc intended as a guide to the SIATE's and CITY's staff. 6. That the Scope of Work, attached hereto as Exhibit "13" and incorporated herein, is a guide for the parties on WORK activities. If there is a conflict between the teens of this Agreement and the Scope of Work, the terms of the Agreement shall control. EXHIBIT R DESIGN PHASE. ACTIVITIES RLSI'ONSIIJILII Y STALE. I.00AI. AGENCY PROJECT ACTIVITY I. PRELIMINARY COORDINATION Request I - Pha.se EA X Field Review of She X X Develop Crcorrictrics X Review and Comment on Geometries X Obtain Surveys & Aerial Mapping X Obtain Copies of Assessor Maps and Other R/W Maps X Obtain Copies of As-Huilts X Send Comments on Geometries 10 I.ocal Agencies for Review X Revise Geometries as necessary X Review and Comment on Final Geometries X Determine Need for Permits front Other Agencies X X Request Permits X Initial hydraulics Discussion with District Staff X Initial Electrical Design Discussion with District Staff X Initial Traffic & Signing Discussion with District Staff X hutial Landscape Design Discussion with District Staff X Plan Sheet Format Discussion X X 2. ENGINEERING STUDIES AND REPORTS Prepare & Submit Matenals Report & Typical Section X Review and Comment on Materials Report & Typical Section X I'repare & Submit Landscaping Recommendation X Review and Comment on I andscaping Recommendation X Prepare & Submit Ilydrnilic Design Studies X Review and Comment on Design Studies X Prepare & Submit Bridge General Plan & Structure 1 ype Selection X Review and Comment on General flan & Structure Type Selection X 1 Disuiei Agreement No. 1 1-0635 RF•SI'ONSIBJL ITY S I ATF. I.00AL AGENCY PROJECT ACTIVITY Y 3. R/W ACQUISITION & UTILITIES (I Ned when qualified l.ocal Agency is performing R/W activities.) Request Utility Verification X Request I'rcltinuiaiy Utility Relocation Plans from utilities X Prepare R/W Requirements X Prepare R/W and Utility Relocation Cost Estimates X Suhmit R/W Requirements & fifthly Relocation Plans for Review X Review and Comment on R/W Requirement. X Review and Comment on Longitudinal Lncroaclurient X Longitudinal 1 ncroacluitent Application to District X Review and Comment on Longitudinal Encroachment Application X Request Final Utility Relocation Plans X Check Utility Relocation Plans X Submit Utility Relocation Plaits for Approval X Review and Continent on Utility Relocation Plans X Suhmit Final R/W Requirements for Review & Approval X Fence and Excess land Review X R/W I ayout Review X Review and Conunent on R/W Requirements X Obtain Title Reports X Complete Appraisals X Review and Comment on Appraisals for Setting Just Compensation Prepare Acquisition Documents X Acquire R/W X Open escrows and Make Payments X Obtain Resolution of Necessity X Pertimn Eminent Domain Proceedings X Provide Displat:cc Relocation Services X Prepare Relocation Payment Valuation. X Provide Displaces Relocation Payments X Perform Property Management Activities X Perform R/W Clearance Activities X Prepan: and Submit Certification of RAV X Review and Comment on Certification of R/W X Transfer RV to STATF X Review and Comment on Title l ranstcr Documents X Prepare R/W Record Maps X 2 District Agreement No. 0635 RF.SPONSfBILITY S rAl E LOCAI AGENCY PROJECT ACTIVITY 4. PREPARATION OE PLANS, SPECIFICATIONS AND ESTIMATES Prepare and Submit Preliminary Stage Construction Plans X Review and ("nmmcnt on Preliminary Stage Construction Plans X Calculate and Plot Gcometrics X Cross -Sections & Earthwork Quantity Calculations X I'reparc and Submit REFS Estimate X Put Estimate in BEES X Local Review of Preliminary Drainage Plans and Sanitary Sewer and X Adjustment Dctaih Prepare & Submit Preliminary Drainage Plans X Review and Coiluncnt on Preliminary Drainage Plans X I'rcpare 1 raflic Striping and Roadside Delineation Plans & Submit tor X Review 1Zcview and Comment on Traffic Striping and Roadside Delineation flans X Prepare & Submit Landscaping and/or Erosion Control Plans X Review and Comment on t andscaping and/or Erosion Control Plans X Prepare & Submit Preliminary Electrical Plans X Review and Comment on Preliminary Electical Plans X Prepare & Submtt Prchnunary Signing Plans X Review and Comment on Preliminary Sigiung Plan% X Quantity Calculations X Safety Review X X Prepare Specifications X Review and ('omment on Specifications X Prepare & Suhmit Checked Structure Plans X Review and Comment on Checked Structure Plans X Prepare final Contract Plans X Prepare I .ane Closure Requuenicuts X Review and Comment on Lane Closure Requirements X Prepare & Submit Striping Plan X Review and Comment on Striping Plan X Prepare Final I.stimate X Prepare & Submit Draft PS&E X Review and Comment on Draft PS&L X Finalize & Submit PS&E to District X City of National City, California CITY COUNCIL AGENDA STATEMENT MEETING DATE June 17 '008 AGENDA ITEM NO. 9 f /EM TITLE / RESOLUTION DECLARING CITY COUNCIL'S INTENTION 10 PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMEN ES IN Tl lE LANDSCAPE AND MAIN I ENANCE I)IS'l RI(' 1 No. 1, AND SET PING TIME ANI) PLACE FOR PUBLIC HEARING THEREON .lI JI.Y 1, 2008 AT 6PM IN HE ('I fY COI INCH. CHAMBERS LOCATED AT 1243 NATIONAL CITY BLVD.. NATIONAL CITY, CA, 91950 (MILE OF CARS) PREPARED BY DEPARTMENT Jacqueline Reynoso (ext. 4293) Economic Development Divisio Community I)evelopment Coordinator Strategic Action 4d EXPLANATION 'This resolution sets the time and place for the public hearing on the levying of the proposed assessment for the Landscape Maintenance District No. I - Mile of Cars ("Maintenance District") pursuant to the "Landscaping and Lighting Act of 1972," as set forth in Division 15, Part 2 of the Streets and Ilighways ('ode of the State of California (the "1972 Act"). The Public Hearing is scheduled liar July 1, 2008 after 6:00 pm in the Council Chambers at 1243 National itv Boulevard. National City, California, 91950. Environmental Review N/A Financial Statement N/A STAFF RECOMMENDATION City Council adopt the above mentioned resolution. ATTACHMENTS Resolution No. 1. Background Report 2. Public Hearing Notice A-200 (9/80) RESOLUTION NO. 2008 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN THE LANDSCAPE AND MAINTENANCE DISTRICT NO. 1, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON (MILE OF CARS) WHEREAS, the City Council of the City of National City 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 California Streets and Highways Code (the "1972 Act"). The special maintenance district is designated as Landscape Maintenance District No. 1 - Mile of Cars ("Maintenance District"). WHEREAS, at this time the City Council is desirous to conduct proceedings to provide for the annual levy of assessments for the next ensuing fiscal year to provide for the annual costs for maintenance of improvements within the Maintenance District; and WHEREAS, there has been presented and approved by the City the Assessment Engineer's Report ("Report"), as required by the 1972 Act and Article XIIID of the Constitution (Article XIIID), and this City Council is desirous of continuing with the proceedings for said annual levy. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: Section 1. RECITALS The above recitals are all true and correct PROCEDURES Section 2. That the public interest and convenience requires, and it is the intention of this legislative body, to levy arid collect assessments to pay the annual costs and expenses for the maintenance and/or servicing of the improvements for the above -referenced Landscape Maintenance District, said improvements generally described as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. BOUNDARIES OF MAINTENANCE DISTRICT Section 3. That said works of improvement are of special benefit to the properties within the boundaries of Landscape Maintenance District, which District the legislative body previously declared to be the area specially benefited by said works of improvement, and for particulars, reference is made to the boundary map as previously approved by the legislative body, a copy of which is on file in the Office of the City Clerk and Open for public inspection, and is designated by the name of this Maintenance District. Resolution No. 2008 - June 17, 2008 Page 2 REPORT OF ENGINEER Section 4. That the "Report" of the Engineer, as preliminarily approved by this legislative body, is on file with the City Clerk and open for public inspection. Reference is made 10 said "Report" for a full and detailed description of the improvements to be maintained, the boundaries of the Maintenance District and any zones therein, and the proposed assessments upon assessable Tots and parcels of land within the Maintenance District. PUBLIC HEARING Section 5 NOTICE IF HEREBY GIVEN THAT A PUBLIC HEARING IS HEREBY SCHEDULED IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA, 91950, ON JULY 1, 2008, AFTER 6PM. ALL INTERESTED PERSONS SHALL BE AFFORDED THE OPPORTUNITY TO HEAR AND BE HEARD. THE CITY COUNCIL SHALL CONSIDER ALL ORAL STATEMENTS AND ALL WRITTEN PROTESTS OR COMMUNICATIONS MADE OR FILED BY ANY INTERESTED PERSONS. PASSED and ADOPTED this 17th day of June, 2008. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor NOTICE. OF A PUBLIC HEARING OF THE CITY OF NATIONAL CITY DECLARING ITS IN E:NTLON TO PROVIDE FOR AN ANNUAL, LEVY ANI) COI.I.ECTIONOF ASSESSMENTS IN 1 HE DOWNTOWN NATIONAL CITY PROPER I Y BUSINESS IMPROVEMENT DISTRICT ANI) SET"I LNG A TIME AND PLACE FOR A PUBLIC HEARING The City Council of the City of National City has previously funned a special maintenance district pursuant to the terns ot'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 ('ity Council to conduct proceedings to provide for the annual levy of assessments for the next ensuing liscal year to provide for the annual costs for maintenance and/ or servicing of improvements within the Maintenance District. 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 Pity as required by the 1972 Act and Article XIIID of the Constitution (Article XIIII )). The Report is available for public inspection in the office oldie (.'ity 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 i)istrict and any 7011cs therein. and the proposed assessments upon assessable lots and parcels of land within the Maintenance District. NOTICE IS HER.F:BY GIVEN that the City Council of the ('ity of National City will hold a Public Ilearing after the hour of 6:00 p.m. on Tuesday, July 1, 2008, in the City Council Chambers, located at 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 will consider all oral statements and 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 Dalla, City Clerk Attachment 1 1'HIRTEI NTU AM ENDED ENGINEER'S REPORT LANDSCAPE SCAI'E MAINN'TFNANCE DISTRICT NO. 1 (Mill,, OF CARS) City of Natinual City, California (Pursutrt to the Landscaping and Lighting Act of 1972) In 1995„ the City Council oldie City of National City, California. adopted a Resolution ordering the preparation and filing of apt En news "Report" pursuant to the provisions of the "Landscaping and lighting Act of 197T', being Division 12, Pan 2 of the Streets and Highways Cede of the State Of California, commencing with Section.223p0 (Mc "Act"), for putposcs. 01 acttbociring the levy ttf special azessuents for certain maintenance Wart in a special aay.Cesstrtent district known and designated as Landscape Maintenance District No. 1 (Mile of ears) (hereinafter referred to as the "()strict"). Att I rigiitecrs Retort dated Fcbtvary 15, 1995, was prepared and submitted as ordered by the legislative body. Wtllowing the date of the Engineer's Report cer din changes were made to the pit jcxt. Such changes were d scribtcl in the .first Amended Engineers Report dated August 1, 1996 and .in the Second. Atucrttted Engineer's Report MO July 31, 1997. Since thattime; the budget turd assessment schedule have hew reviewed, and -an Aznenvled Miginccr's Report htis been prepared eacdt vr„ar. The mostrt :ent Rngi.necr's report was dr Twelfth. Aviv nded Engineer's Report dated lone 7, 2007, $aced Ott an analysis of eXpeaditures, adjustments are now necessary route cost Ceti tnatoS and assessment schcdu1e. IZtis "lhittcenth Amended Engineers Report", is prepared and suburitted in four parts, consisting of the following: Part !. Kam and Specifications. The. plans and specifications describe the general nature, location and extent of tho proposed igtpmyorients to be maintained and the waintenanee to be performed. The Mans and spe cations• at+e unchanged fl'om the 'Twelfth. Amended Engineta's deport. taut 1L Cost. Estitrutc The cost estimate iacludcs all costs 'ratarinti to maintaining the improvements fit, the next f.Scal year, ituendiiug epprottiate Incidental expenses. The rust ontitrattc is based on actual as well as arttletpatedfutore cxpcodiurrt s. Part )IL A4solginsat Diaagrataa. The. Assnnent Diagram titer the. anterior laoundafri'a of flue Dlstris'i, Qs melt as settioD forth cad) lot or pateaL patoel1s identified by a distiaetive nt)rither` or lemr and &O lin% a tad dinitetiiffts di each kit ooaforni to those as shtttFln on t'ta0 latest COitty A$sssttoi:'s inap Th its5osssnent Diagram is twchangod from the Twelfth Amended 17tagineef%Report_ Part W. Assessment Schedule, The assessment aebedt)tc souse fottb the net amount to he assessed Upon all parwls and Isnds with tr the D s3iict, r1c t7lbit oah tat or p3rrdd by lefv7ettc a tut a specific number, and assessing the net aw upL upon the lots iq proportion to the benefits to be received by caeli lot or parcel as shown on the abovetrefs;educed diagram. All lots anal parcels of land known as nubile property, as defined under Section 22663 of the Act, have been on>Sttcd and are exempt from fury assesstuent natter these proceexlingfi. lltis report is appliiemhle. tor Om ntaintitn,mce of intproverncnis widen the district for the fiscal ycar commencing July 1. 2003 and ending. tune 30, 2009. Dateth June. 3, 2008 Nastand EngiUeertrtg r• ., ♦ � \, •z.?ll� ' 7j Assessment Engineer l� : l at ;l City of National City ,. State of California r �•:;; �`{1."`— e(tjY EXHIBIT "A" P.a w I. 1 Plans and Specifications '1 he plans and specifications for the works of iniprovements and the maintenance thereof are on file in the Office of the City Clerk. available tor 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 perfon coed. A general description of the works of rinprornement to he maintained under these proceedings are described a. follows I. Median Improvements: • Landscape planting and irrigation • Colored concrete hardscapc • Lighting system • Graphic panels. banners and signagc • Painted crosswalks • Identification sign at 23rd Street and McKinley Avenue. • Frontage bnprovements Improvements to parkways on both sides of National City Boulcsard between I8th Street and 33rd Street • Landscape planting ani) irrigation • Colored concrete sidewalks and mow curbs Street furniture A general description of the maintenance to he performed on such improvements is described as follows: General Plant Maintenance • Mowing. trimming.. pruning and weeding • Watering. including water usage • Fenilving • Plant replacement • Periodic skinning of palm trees '. Maintenance of Irrigation System • Adjustment of timer• • Repair/replacement of wain -out. stolen or malfunctioning equipment Periodic restripmg of dccoianse crosswalks Periodic repainting of metal benches and trash receptacle\ Periodic repainting and repair of light poles. graphic panels. srgnage and odic' mt`,cellancuus equipment (, Maintenance of electrical 'v'tem • Bulb replacement • Repair/replacctncnt of +inn out or malfunctioning equipment • laecni,•al energy charecs 7. Litter rcmrn al Y Trash pick-up 9. Other repairs of damage caused by \ andali"n and/or traffic accident. t'a12T 11 Cost Estimate for FY 2008 - 2009 The estimated total costs for maintenance of the improsemcnts aie those as hereinafter set forth hcloks. For details reLaiding. the estimated cost of annual maintenance refer to the attached Exhibit Median Frontage improvements Improvements Cost of Annual Maintenance S71.216.67 S57.083.33 I ncidentals: A. Administration 3(X).00 300.00 13. Adveitttiins 2(X).00 200.00 C. Legal Fees 1(X).00 100.00 D. Engineering 7(X).00 500.00 Total Incidentals 1.300.00 1.100.(X) Total Estimated Annual Cost 72.516.67 58.183.33 Surplus or Deficit _ 00.00 00.00 NET ANNUA1, ASSESSMENT S72.516.67 S58.I83. 13 P.a Ri 11l Assessment 11iagram The Assessment Diagram sets forth tat the extenoi boundaries of the District and tht the lines of each lot or parcel of land within the Distract. the Assessment Diagram further identifies each lot or parcel h% a distinctive number or letter. for a detailed description of the lines and dimensions of tins lot or paiccl. reference is made to the County Assessors Map applicable for the next fiscal vear. which map shall govern for all details concerning the lines and dimensions of such lots or parcels. A cop% of the Assessment Dia?rain is attached hereto. reteicnced and incorporated. F kRT IV Assccemenl Schedule 1. an authorized representative of the dul. appointed Assessment Engineer. by v time of the power vested pursuant to the Act. and be order of the Iegislati.e 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 (Exhibit B) S7I 216 67 S57.081 ,. Incidental Expenses 1.300.00 1.100.00 Total Costs 72.516.67 58.181.33 Surplus/Deficit 0 00 0.(X) Balance to Assessment 72.516.67 58.183.33 I do hereby assess and apportion the net amount of the costs and expenses upon the several parcels of land within the District liable therefor and benefited thereb. in proportion to the estimated benefits that each parcel receives. respectively. from the maintenance work. and said parcels are hereinafter numbered and sct forth to correspond with the numbers as they appear on the attached assessment Diagram and the Count. Assessment Roll The Assessment Schedule refers to the Count. Assessors Maps fur a description of the lots or parcels. and said Maps shall govern tor all details concerning the description of the tots 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 fomurta 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". 1 tic assi ssnlinl'. .11e Muse onlllnied In Column 1. tllilk-- d diiteioni II,'tire app .11s in Column 11. a nlU(Ilt'.d I 11 Assesment .1ssessor's Parcel Amount of Assessment Number \nmber Assessment as Confirmed 1 560 110411 S 1.849 76 560-2111-04 2.441.69 3 560• 210--12 413.94 1 560-210 41 739.91 5 560-' 10 40 3122 40 6 560-261-08 .1.995.49 7 560-271-1.1 1.405.82 8 560 2 )1-07 1.109.86 9 560-271 09 739.91 10 560-271-15 1.479 81 11 560•330-03 8.745 69 1' 562.-021 01 1.179.81 13 562-021-07 2.367 70 14 562 031-14 1.367 70 15 56-2-031-13 1.627.79 16 562-(P)0-06 3.995 .19 (7 562-100-14 1.997.75 (8 562-100-13 1.997.75 19 562 160-07 4.439 44 20 562-180.32 1.213.44 21 56' -180.3 3 1.879.36 ,, 562251 37_.989.2, 23 562-251- 38 2.471.28 24 561-152-1 i 4.883.38 25 562-121-07 2.693.26 26 IPatecl owned bCityl 0.00 27 562-330-4' 1.121.66 2g 561 330.35 3.684.73 29 562.220- 3 2 4.616.61 30 562-220-31 2.293.71 31 562 220-13 3.403.57 3' 562-2?.0-1 1 816.90 33 562-150-13 3.092.81 34 562-340-09-1.439.44 35 562-340-18 6,451.98 36 562-340-17 2.426.89 37 562-310 7O 1.-139.44 38 562-340-69 4 291.45 39 562 340-50 4.439 4-1 -10 562- 340-19-1.306.25 41 560-393 04 7.103.10 4' 560- 393 • 03 2.071. 74 43 560- 204-02 2.071 71 41 560 204-0-1 2.81 1_6-1 45 5(10-203 03 1.306.2s 46 562-330-43 0 00 Total S 130.700 00 This Ass:;strnent has been prepturdpursuant. 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 accotdpnoe with the benefits tweived from the itrlprcivernents,, and in my opinion the costs and expenses !Ave 1xs t assreascd in direct relationship to the benefits received from the maintenance, ofthe improvements. Dated: lunc 3, 2008 Nasland EErgineeting Assesstnertt T;ngrntzr City of National City State oft lifornia A copy of said Assmerti.koll and F.n news Repot was filed in the Office of the Secretary and the Superintendent of Stirects.on the day of _ , Zt]t)S, tty �ltxl; ciry of -National City Stale of California StIPtItintrAftit tarF Streets c National City State of California Final approval+ ►nt3m ratio t and favy of the annual assessment and all matters in the Ettgi ec's Report was made on the _ day of 008 by adinptioa of Resolution No. by the City Council. Cite' Clerk City of National City Stare of California EXHIBIT ",1" METIiOD ANI) FORMULA OF ASSESSMENT SPREAD The law requires and the statutes pro% Me that assessments. as ley ied pursuant to the provisions of the -Landscaping and lighting .Act of 197r"•. must be based on the benefit that the properties icceiye flout the improYeincitts to he maintained The statute dues not specify the method or formula that should he used in any special assessment district procccdings. The responsibility rests with the Assessment Engineer. who is appointed tot the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation Fur these proceedings. the City has retained the services of Nasland Engineering. 1Uh:NTIFV' THE BENEFIT First. it is necessary to identity the benefit that the improvements to be maintained will render to the properttes within the boundaries of the District. The Intpioyenients significantly improve the y isual appearance of the streetscalx•. making the Mile of Cars a more enjoyable and desirable location for customers The special signage and lighting provide a unifying thence. benefiting all of the properties within the District. APPORTIONMENT OF COSTS In further making the analysis. it is necessary that the ptupcny owners ieccive a special and direct benefit distinguished from that of the general public. In this case. an in-depth analysis \vas made. and several factors are being used in the final method and.sprcad and assessment. All of the improvements are intended to he of direct benefit to propenics within the Dist' ict These imptoycrncnts require significantly more maintenance than normally provided by the City. It is therefrnr ;appropriate that the propeiucs'cceiying the herietil he assessed for the additional cost. There are generally two categories of improvements to he maintained by the District. The median improvements benefit all properties within the ptstc ict The impro' ements to the parkway 'referred to herein as Frontage Improvements) benefit those properties w hich they abut. The specific method of spreading the assessment is descnhed below: 1. The total cost for maintenance of the median improyeinents is apportioned to all parcels in the District based on the homage of each parcel on National City. Boulevard. except as noted below. '_. Parcel 26 tAPN 562-321-08) is owned by the City of 'rational City. not subject to assessment. ?. Parcel 32 (APN 562 22(1-111 has no frontage on National City FSouleyard. but will benefit from the median impioycncents. This paucel is assessed for median improvements as if it had a frontage of 100 feet. T. llic total cost tot maintenance of the l towage lmpro\enienis is appotiiuncd to all parcels in Mc District except Parcel 12 APN 5(,2.??0- 1 1 ). based on the frontage ()leach such paicct on National OR Bouleyani The: frontage of each parttl is determined from current asse.%sors maps for the County of San Diego, State of Califon ia. All front age dimensions have been- rounded to the rimiest foot. FUTI ME ANNUAL DJUSTMVIIsN'1'IN 511801.14;NT Tile, annual aSs ssnc$t tp be 'levied 9n all properties, within the c&strict in fiscal year 2009-2010 and thereafter shall be subject to an annual escalation of up to 1O% based upon actual and anticipated expenditures. If the annual assessuienr in any fiscal year is proposed to be increased by an amount which would b� in excess of the amountautheuind pursuant to the application ofihe above. formula, such anuual ant shall be riu1sidered a "new or increased assessment" as such teem is used in (iovesithent CQdo tiectrun 54954.6, lit tonClusion. it is my opisiitiu that the OSSerSSIntrniS for the above-refercneed District have been spread in drreet accordance with the benefits that each pareet receives from the improvements to be maintained. Dated: June 3, 200a NaSlaad.Fuginetting City eif National City Ito ofC.ntifcitma EXHIBIT •R•• ES11\IATTD COST OF A\\UAI. MAN\T E\AN('F. Lawn planting care Median planting care 3. Palm rice maintenance •1. Watei usace 5. Refurbishment of graphics panels 6. General maintenance of electrical wstem 7. Electrical usage h. Refurbishment of decorati'e c;u..Ua1k. Mi.ccllaneous TOTAL: 11' 20l)`{-2009 Median Frontage Impro'ements Improvements 0.00 S11.913.33 S 15.966.67 0.00 S 5.7(X).00 S 5.700.00 S I8.000.00 S 18.0(N).00 S 12.000.00 0.00 S 6.500.00 0.00 S 9.000.00 0.00 S 1.800.00 S 1.200.00 S 250.00 S 250.00 S69,216.67 S57.083.33 AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAiNTENANCE DISTRICT NO. 1 (MILE OF CARS) CITY CF NATIONAL CFTY COUNTY OF SAN DECO STATE OF CALIFORNIA • 1,441 BCuA.!v Apo • i IU' REVISED 8.1-96 FEVISED 6-11.97 nEV9ED 6 19-02 REVISED 6-09 03 REVISED 5-26-04 142: (el ( Al I� S.;IEE1Ic'!SIHEE'S IC I •IN NOTE Of+IONAL E-EET �'ZE IB' 26' N E Jc'? N4tpN4_ cl J `39) AMENDED ASSESSMENT DIAGRAM OP LANDSCAPE MAINTENANCE D STRICT NO. 1 (MLE OF CARS) CITY OF NATIONA_ CRY CCUNTY OF SAN DIEOO STA 1EE CCAI.IFOPNIA BCU E!AT) L 3 iuNmrcnrAIKY. - AYF1JE 4) .. ' I is .371 • FEV:SED 8 1-96 DEVISED 6 II 97 REVISED 6-I9-C2 FEVISE.D 0-09 03 FEVISEC 5 25-04 • .15) I {, iI NA nCNA_ 30 35 • SI-Ec' 2 OF 2 Sl IFF'r f I• m, 1.4 I .`.' I I:f‘:I.I.1 ;I '401E OFIGINAL SHEET SIZE 18' z 25' NF .1:)E ND J5 1!F AMENDED ASSESSMENT- DIAGRAM OF LANDSCAPE' MAINTENANCE D STR:CT NO. 1 (MILE OF CARS) CITY NATIONAL CRY co�NTY of sAN DIEGO STA'E 'JF CAL cC=NIA 1 1 I h coo? 1 1 1 ..._ . _ L1- 1 — —4 /, 21' / / (22 1 1 1 , 1 1r ANg^Cnt ATJ.. AvEV 1E (321 1 NA 1 c1: AL CrrY ecuivuc .241 .291 125I 25) 21, 1 ShF.E" 3 C= 3 SHE-7 REV SEL) A I as FEvSEC 6.11 0: PE'ISEL; 6 HFVIS_D 6-C"-, :) REViSELJ 5 26 U1 `:oTE OA G•.NAL S'-1EE T .F.ZE 18' x 28' N � . wl' Nn ub 148 City of National City, California CITY COUNCIL AGENDA STATEMENT 10 MEETING DATE Juno 17, 200R AGENDA ITEM NO. (TEM TITLE / RESOLUTION APPROVING THE. ASSESSMENT ENGINEER'S REPOR I. FOR PROCEEDINGS FOR 1FIE ANNUAL i.1-.VY OF ASSESSMENTS WITHIN THF: LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE. OF CARS) PREPARED BY DEPARTMENT Jacqueline Reynosa (ext. 4293 / . Economic Development F)ivision Conununity Development Coordinator Strategic Action 4d EXPLANATIONThe Engineer's Report calculates the annual cost to be assessed to each property owner located within the District. The amounts provided in the report are intended to provide various improvements to the district including median improvements: frontage improvements: general plan maintenance; irrigation system maintenance: street furniture maintenance; electrical system maintenance; street cleaning/ maintenance: street signagc; and other incidentals. The County of San Diego Auditor and Controller will collect fees as part of the annual property tax roll procedures. llpon collection, the funds will then he disbursed to the City. This Resolution adopts the Engineer's Report and orders it to he tiled in the Office of the City Clerk as a ermanent record and to remain open to public inspection. Environmental Review N/A Financial Statement Total property assessments for fiscal year 2008-2009 of the District are estimated at S130,700. Property assessments (fees) range from $443.94 to $8.750.00 depending on property frontage and benefit. The Maintenance District has the option to increase a maximum of 10% for subsequent years. A $9,500 change in the total assessment amount from last year is expected for fiscal ycar 200R-2009. l STAFF RECOMMENDATION Adopt Resolution. rATTACHMENTS Resolution No. I. Thirteenth Amended Engineer's Report for Landscape Maintenance District No. 1 (Mile of Cars) A-200 (9/80) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ASSESSMENT ENGINEER'S REPORT FOR PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN THE LANDSCAPE MAINTENANCE DISTRICT NO 1 (MILE OF CARS) WHEREAS, the City Council of the City of National City, pursuant to the terms of the "Landscaping and Lighting Act of 1972" as set forth in Division 15, Part 2 of the California Streets and Highways Code (the "1972 Act") and Article XIID of the Constitution of the State of California ("Article XIID"), by previous Resolution, has obtained an Assessment Engineer's Report ("Report") for the annual levy of assessments within a special maintenance district designated as Landscape Maintenance District No. 1 - Mile of Cars. ("Maintenance District"): and WHEREAS, this City Council had now carefully examined and reviewed the "Report" as presented, and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the special benefits received from the improvements to be maintained, as set forth in said "Report". NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of National City as follows: RECITALS Section 1. The above recitals are all true and correct. PROCEDURES Section 2. That the "Report" as presented consists of the following: A. Plans and specifications describing the general nature, location, and 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; 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 iri proportion to the special benefits received. Section 3. Said report includes all costs and expenses of maintenance and service for the fiscal year commencing July 1, 2008 and ending June 30, 2009. Resolution No. 2008 - June 17, 2008 Page 2 Section 4 Said Report, as presented, is hereby approved on a preliminary basis, and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. Section 5 That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Engineer's "Report. PASSED and ADOPTED this 17th day of June, 2008. ATTEST. Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor THIRTEENTH AMENDED ENGINEER'S REPORT LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) City of National City, Cahlornia (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 nutliorizing the levy of special assessments for certain maintenance work in a special assessment district known and designated as Landscape Maintenance District No. I (Mite of Cars) (hereinafter referred to as the "Distriiet"). 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 Twelfth Amended Engineer's Report dated June 7. 2007. Based on an analysis of expenditures, adjustments are now necessary to the cost estimates and assessment schedule. This "Thirteenth Amended Engineer's Report", is prepared and submitted in four pares, consisting. of the following: Part 1. Ptans and Specifications. 71)c plans and specifications describe the general nature, location and extent of the proposal improvements to be maintained and the maintenance to be performed. The plans and specifications arc unchanged from the Twelfth Amended Engineer's Report. Part II. Cost Estimate. The cost estimate includes all costs relating to maintaining the improvements for the next fiscal year, including appropriate incidental expenses. The cost estivate is based on actual as well as anticipated future expenditures. Part III. AMsessnient 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 Assessors map. The Assessment Diagram is unchanged from the Twelfth 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 lot or parcel by reference to a specific nurnber, 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, 2008 and ending June 30, 2009. -, Dated: June 3, 2008 Nasland Engineering '5 \FA Assessment Engineer "Ic'- J4.7 ‘i` \ f,,/ Ph•). Oi 1 City of National City State of California Attachment 1 PART I Plans and Specifications The plans and specifications for the works of improvements and the maintenance thereof are on file in the Office of the City Clerk. available tor public inspection. The plans and specifications show the general nature. location and extent of the proposed improvements to he maintained and the maintenance to he performed. A general description of the works of improvement to be maintained under these proceedings are described as follows: Median Improvements: • Landscape planting and irrigation ▪ Colored concrete hardscape • Lighting systcm • Graphic panels. banners and signage • Painted crosswalks • Identification sign at 23rd Street and McKinley Avenue. Frontage improvements • improvements to parkways on both sides of National City Houle%ard between I8th Street and 33rd Street. • Landscape planting and irrigation • Colored concrete sidewalks and mow curbs • Street furniture A general description of the maintenance to he performed on such improvements is described as follow. 1. General Plant Mainienance • Mowing. trimming. pruning and weeding • Watering. Including water usage • Fenilving • Plant replacement • Periodic skrnn►ng of palm lice,' Maintenance of Irrigation System • .Adjustment of timers • Repairfreplacenient of woIn-out. stolen or malfunctioning equipment 3 Periodic restriping of decorative crosswalk. 1. Pcnodic repainting of metal benches and trash receptacles S. Periodic repainting and repair of light poles. graphic panels. stgnage and other ?_ miscellaneous equipment li Maintenance of electrical system • ltulh replacement • Repair/replacement of uorn out or malfunctioning equipment • Elecincal ener ry charges 7. Littei rcmo' al R. Trash pick-up 9. Other repairs of damage caused kandal«n► and/or traffic accidents 3 PART IV Assessment Schedule 1. an authorized representative of the duly appointed Assessment Engineer. by since 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 expense• are generally as follows: Median Frontage Improvements Improvements Cost of Annual Maintenance (Exhibit B I S7 I 16.67 S57.083.33 Incidental Expenses 1.300.00 1.100.00 Total Costs 72.516.67 58.183.33 Surplus/Deficit 0.00 0.00 Balance to Assessment 72.516.67 58.183.33 1 do hereby assess and apponion the net amount of the costs and expenses upon the several parcels of land within the District liable thcretor 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 tonh to correspond with the numbers as they appear on the attached assessment Diagram and the County Assessment Roll. '[he Assessment Schedule refers to the County Assessor.. Maps for a description of the Tots 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 he 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 Fthrhit "A". PART I11 Assessment Diagram The Assessment Diaerant .ets forth tat the exterior boundaries of the District and ibt the lines of each lot or parcel of land within the District. The Assessment Diagram further identifies each lot or parcel h. a dtaincthe number or letter. For a detailed description of the lines and dimensions of any lot or parcel. reference is made to the County Assessor\ Map applicable for the next fiscal year. which map shall ,govern for all details concerning the Ines and dimensions of such lots or parcel.. A cop of the Assessment Diagram is attached hereto. referenced and incorporated. .S PART IV Assessment Schedule I. an authorized representative of the dul► appointed .Assessment Engineer. hy v inue of the power jested 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 scar. Said costs and expenses are venerallv as follows! Median F rontage Improvements Improvements Cost of Annual Maintenance (Exhibit BI S7I.216.67 S57.083. 3+ Incidental Expenses 1.3(X .00 I.100.00 Total Costs 72.516 67 58.183.33 Surplus/Deficit 0 (K) 0.00 Balance to Assessment 72.516 67 58.183.33 I do hcreh). assess and apportion the net amount of the costs and expenses upon the several parcels of land within the District liable therefor and benefited thereby. in proportion to the estimated benefits that each parcel receives. respectively. from the maintenance work. and .aid parcels are hereinafter numbered and set forth to correspond with the numbers as they appeal on the attached assessment Diaeram and the County Assessment Roll. the Assessment Schedule refers to the Counts Assessors Maps for a description of the lots or parcels. and said Maps shall govern for all details concerning the description of the lots or parcels. The net amount to be assessed upon the Iands 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 he maintained. For a more specific statement as to the method and formula for the spread of the assessments. reference rs made to the follow mg list of annual assessments. and for particulars as to the formula for the allocation of the coos. reference is made to the Method and Formula of Assessment Spread attached hereto as F.xhtbit I he a..e..ltk'lll. are ilio.e t' conlirmcJ in Column I. unk's, different f-I2tlre .IppeJr• In Column 11. a• modified. I 1l Assesmenl Assessor's Parcel Amount of Assessment Number Number Assessment as Confirmed 1 560-210-01 S 1.849.76 560 ' 10 W 2.441.69 3 560 10 -12-143.94 4 560-210-41 739.91 5 560-210-40 3122.40 6 560-261-08 3.995.49 7 560-271 - 14 1.40.5.82 8 560-271-07 1.109.86 9 560-271-09 739.91 10 560-271-15 1.479.81 I 1 560-330-03 8.745.69 17 562-021-01 1.479.81 13 562-021-07 2.367.70 14 562-031-14 2.367 70 15 562-031-13 1.627.79 16 562-090-06 3.993.49 17 562-100-14 1997 75 18 562-100-13 1.997.75 19 562-160-07 4.439 4-1 20 562-180-3' 1.213 44 21 562-180-33 1.879.36 23 562-251-38 2.471.28 14 562-252-15 4.883.38 15 562-321-()7 2.693.26 26 (Parcel off ncd by Cm) 0.00 27 562-330-31 1.124.66 28 561-330-35 3.684.73 29 562-'20-32 4.646.61 30 562-220- 31 2.293.71 31 562 - "0-13 3.403.57 32 562-220-1 1 816.90 33 562-150- 13 3.092.81 34 562-340-094.439.44 35 562-340-48 6.451.98 36 562-340--17 2.426.89 37 562 - 340- 70 4.439.44 38 562 34069 4.291.45 39 562-340-50 4.439.44 40 562- 340-49 4.306.25 41 560- 393 -04 7.103.10 42 560-393-03 2.071.74 43 560-204.02 2.0 71.74 44 560 204-04 2.811.64 45 560-203•03 4.306 15 46 562 - 3 30-3 3 0.00 Total S 130.700.00 7 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 3, 2008 Nasland Engineering Assessment Engineer City of National City State of California A copy of said Assessment Roll and Engineer's Report was tiled in the Office of the Secretary and the Superintendent of Streets on the day of , 2008. 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 2008 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 Iaw 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 propenies receive (rout the improvements to be maintained. The statute does not specify the method or formula that should he used in an special assessment district proceedings. 7lie responsibility rests with the Assessment Engineer. w ho 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 (ley has retained the services of Nasland Engineering. IDENTIFY THE BENEFIT First. it is necessary to identify the benefit that the improvements to be maintained will render to the properties within the boundaries of the District. The improvements significantly improve the visual appearance of the streetscape. making the Mile of Cars a more enjoyable and desirable location for customers. Thc special sipnat e and lighting provide a unifying theme. benefiting all of the properties within the District. API -OR FIONMENI' OF COSTS In funhei staking the analysis. it is necessary. that the propen) 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 propenies 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. Mere are generally two categories of improvements to he maintained by the District. the median improvements benefit all properties within the Urtnct. The improvements to the parkway 'referred to herein as Frontage improvements) benefit those properties vy hich they abut. The specific method of spreading the assessment is described below: 1. The total cost tor maintenance of the median improvements is apportioned to all parcels in the District based on the frontage of each parcel on National City 13oulevaid. except as noted below. 2. Parcel 26 (APN 502-321-08) is owned h> the City of National City. not subject to assessment. 3. Parcel 32 IAPN 562-220-11 i has no frontage on National City Boulevard. but will benefit from the median improvements. This parcel is assessed for median improvements as if it had a frontage of 100 feet. 4. The total cost for maintenance of the Frontage improvements is apportioned to all parcels in the District except Parcel 32 (APN 562-220- I I t. 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 be en 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 2009-2010 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 arncwnt 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 spmad in direct accordance with the benefits that each parcel receives from the improvements to be maintained. Dated: June 3, 2008 Nasiand Engineering Assessment Engineer City of National City State of California EXHIBIT "B" ESTIMATED COST OF ANNUAL !MAINTENANCE FY 2(X)8-2009 Median Frontage Improvements Improvements 1. Lawn planting care 0.00 S 31.933.33 Median planting care S 15.966.67 0.00 3. Palm tree maintenance S 5.700.00 S 5.700.00 4. Water usage S 18.000.00 S 18.000.00 5. Refurbishment of graphics panels S 12.000.00 0.00 6. General maintenance of electrical system S 6.500.00 0.00 7. Electrical usage S 9.000.(X) 0.00 8. Refurbishment of decorati'c crosswalk' S 1.800.00 S 1.200.(X) 8. Miscellaneous S 250.00 S 250.00 TOTAL: S69.216.67 $57.083.33 If AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRACT NO. 1 (MILE OF CARS) CITY OF NAIIONAL CITY COUNTY OF SAN DIEGO STATE OF CALIFORNIA (2. i1-- 't NA DONAL .. ,.. . p.... va :. 9 ,4) ,51 C11Y BOULEYAIID 143: REVISED 8-1•96 REVISED 6-11-97 REVISED 8 10-02 REVISED 6-09 03 REVISED 5-26-04 -r 42, • 61 SI E I C' 3 SI IEE 1 S q 1 411 k (•1 •-I. N 1 IG. 4,, NOTE ORK:INAL SF-1EEr sr-- '9' a 26' r. F IR Ko 05 i' AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. I (MILE OF CARS) CITY OF NAT1CNAL CITY COUNTY CF SAN DIEGO STALE CF CALFORNIA NAIICNAl CrY Bali EVAIIT) 4 Oa RNNrc(I I A110N AVENUE (37 1 15 1 REVISED 8 1-96 REVISED 6 11.97 REVISED 6-19-02 REVISED 6-09 03 REVISED 5-26-04 15 • S' EET2OF iSIFFI, NATIONAL f4' OOULE�.'.T1lY l 35 r�.,. ANI, 1 NI It.I.1:;:1f '; NOTE On101NAL SHEET SIZE 18' x 26' NE .IUB No IC5 NR V" (201 L21) I 133) AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CITY OF NATIONAL CRY — COUNTY OF SAN DIEGO STATE OF CALIFCRNIA 1f1AraSt'O TT A11014 AV£NI,E I 1 _I.J '— I 1221 1 - N (32 123. Mt11CNAL crrY °CUI.ENAD 31) 1241 (20: ++1 125) '281 4C' SHEET 3 OF 3 SFIEE I. REVISE.' 13 1 % REVISED 6. II Q7 REVISE) 6 19 U2 REVISED 6-09 C3 PEVISEL) 5-26 •(.1a (... 1 1:.11 I. si .I.I..... NOTE ORIGINAL SHFFT SIZE IF , 26' NE .1U1)N.:1) 1�1P City of National City, California CITY COUNCIL AGENDA STATEMENT MEETING DATE June 17 '008 AGENDA ITEM NO. 11 rrEM TITLE RI -:SOLUTION DECLARING CITY COUN('IL'S INTENTION 1.0 PROVIDE FOR AN ANNUAL. 1.EVY AND COLLECTION OF ASSESSMENTS fS FN TIIL DOWNTOWN NATIONAL. Cl I Y PROPERTY IMPROVEMENT DISTRICT, ANI) SETTING TIME AN1) PLACE FOR PUBLIC HEARING TIIEREON J11I.Y 1. 2008 AT 6PM IN I HE CITY COUNCIL. CHAMBERS I.00A FI•:I) AT 1243 NATIONAI. (ITV BLVD., NATIONAL IONAI, CITY, CA, 91950 (MORGAN SQUARE) PREPARED BY DEPARTMENT Jacqueline Reynoso (ext. 429 Economic Development Division Community Development Coordinator Strategic Action 4d EXPLANATION 'I his resolution sets the time and place for the public hearing on the levying of the proposed assessment for the downtown National City Property Business Improvement District per the Property and Business Improvement District 1.aw of 1994. .1 he Public !tearing is scheduled for July 1. 2008 after 6:00 pm in the Council C'hmnhers at 1243 National City Boulevard. National City, California, 91950. Environmental Review N/A Financial Statement N/A STAFF RECOMMENDATION Or/ Council adopt the above mentioned resolution. rATTACHMENTS Resolution No. I. Public Hearing Notice L A-200 (9/80) RESOLUTION NO. 2008 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN THE DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON (MORGAN SQUARE) WHEREAS, the City Council of the City of National City has previously formed a special maintenance district pursuant to the terms of the "Property and Business Improvement District Law of 1994," being Division 18, Part 7 (Section 36600 et seq.) of the California Streets and Highways Code, said special maintenance district known and designated as the Down Town National City Property Business Improvement District (hereinafter referred to as the "District"); and WHEREAS, at this time the City Council is desirous to conduct proceedings to provide for the annual levy of assessments for the next ensuing fiscal year to provide for the annual costs for maintenance of improvements within the Maintenance District; and WHEREAS, there has been presented, and the City has approved the Assessment Engineer's Report ("Report"), as required by Section 36600 et seq. of the Streets and Highways Code and Article XIII D of the Constitution ("Article XIII D"), and this City Council is desirous of continuing with the proceedings for said annual levy. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: RECITALS Section 1. The above recitals are all lure and correct PROCEDURES Section 2. That the public interest and convenience requires, and it is the intention of this legislative body, to levy and collect assessments to pay the annual costs and expenses for the maintenance and/or servicing of the improvements for the above -referenced National City Property Business Improvement District, said improvements generally described as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. BOUNDARIES OF MAINTENANCE DISTRICT Section 3. That said works of improvement are of special benefit to the properties within the boundaries of said Property Business Improvement District, which District the legislative body previously declared to be the area specially benefited by said works of improvement, and for particulars, reference is made to the boundary map as previously approved by the legislative body, a copy of which is on file in the Office of the City Clerk and Open for public inspection, and is designated by the name of this Maintenance District. Resolution No. 2008 — June 17, 2008 Page 2 REPORT OF ENGINEER Section 4. That the "Report" of the Engineer, as preliminarily approved by this legislative body, is on file with the City Clerk and open for public inspection. Reference is made to said "Report" for a full and detailed description of the improvements to be maintained, the boundaries of the Maintenance District and any zones therein, and the proposed assessments upon assessable Tots and parcels of land within the Maintenance District. PUBLIC HEARING Section 5. NOTICE IF HEREBY GIVEN THAT A PUBLIC HEARING IS HEREBY SCHEDULED IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA, 91950, ON JULY 1, 2008, AT 6PM. ALL INTERESTED PERSONS SHALL BE AFFORDED THE OPPORTUNITY TO HEAR AND BE HEARD. THE CITY COUNCIL SHALL CONSIDER ALL ORAL STATEMENTS AND ALL WRITTEN PROTESTS OR COMMUNICATIONS MADE OR FILED BY ANY INTERESTED PERSONS. PASSED and ADOPTED this 17th day of June, 2008. Ron Morrison, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney BACKGROUND REPORT Re: LANDSCAPE MAINTENANCE DISTRICT NO. 1- MILE OF CARS Order of Procedure: The following sets forth the Order of Procedure for the public hearing to consider the annual levy and collection of assessments for Landscape Maintenance District No. I - Milc of Cars ("Maintenance District"). 1. The Mayor shall announce that the Public IIearing is to consider the levy and collection of self -assessments for the maintenance costs associated with the Maintenance District. 2. The City Clerk will make a statement that notice has been given in the manner and form as required by law. A Certificate of Compliance is on file and open for public inspection at the Office of the City Clerk. 3. The Community Development Director will provide an oral report on the purpose of the Maintenance District, its boundaries, the proposed assessments upon assessable Tots, and a general overview of the Engineers 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 h. 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. Attachment 1 NOTICE OF A PUBLIC HEARING OF THE CITY OF NATIONAL DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENT'S FOR LANDSCAPE MAINTENANCE DISTRICT NO. 1 — MILE OF CARS, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING .1 HEREON The City Council of the City of National City, 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 fur maintenance and/or servicing of improvements within the Maintenance District. 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 Iots within the Maintenance District. NOTICE IS HEREBY GIVEN that the City. Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m., on Tuesday, July 1, 2008, in the City Council Chambers, located at 1243 National City Boulevard, National City, CA. The City Council will 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 I )istrict No. I Mile of Cars. Michael R. Dalla, City Clerk Attachment "2" RECLIVED Cornmor,q Dev°i^_p:, Or, Cr.;nr i c: DOWNTOWN NATIONAL (CITY PROPERTY BUSINESS IMPROVEMENT D !STRICT MANAGEMENT DISTRICT PLAN Formed Under California Streets and Highway Code Section 36600 Property Business improvement District Act of 1994 FINAL PLAN SUBMITTED TO: TIIE DOWNTOWN NATIONAL CITY 1'.R.I.D. STEERING COMMITTEE TILE CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION EXECUTIVE DIRECTOR BEN MARTINEZ MAYOR NICK IN'LUN%A AND CITY COUNCIL. MEMBERS LUIS NA'1'IVIDAD, RON MORRISON, FRANCISCO PARRA ANI) FIDELAS UNGAR PRESENTED BY: MARCO Li MANDRI, NEW CITY AMERICA INC. APPROVED APRIL 30, 2004 UPDATED MAY 24, 2004 EXHIBIT "A" DOWNTOWN NATIONAL ('TTY PROPERTY BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN FINA1, PLAN - MAY 24, 2004 TABLE OF CON'I ENTS 1. INTRODUCTION, EXECU 1'IVE 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 i VI. ENGINEER'S REPORT ANI) RELATIONSHIP BETWEEN ASSESSMENTS PAID AND SPECIAL SERVICES RECEIVED VI1. DISTR!C[ GOVERNANCE APPENDIX A. MAP OF THE DISTRICT B. FIVE YEAR PROJECTION OF ASSESSMENTS C. LIST OF PARCELS INCLUDED IN DISTRICT D. CERTIFIED ENGINEER'S REPORT PART 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 Pars, the City now has the distinct identity of a municipal corporation aggressively moving forward on a number of fronts. Whether it be the visionary Marina project, the development of Filipino Village, the beautification of Highland Avenue or the creation of the Education Village in Downtown National City, more things are happening in this City than almost anywhere else in the County. Under the leadership of the Mayor and City Council, as well as the staff of the Community Development Commission, National City is in a race to re -position itself as a great City with bustling commerce, historic significance, a great urban forestry plan, strengthening of ethnic neighborhoods and experimenting with what makes Downtowns work in the 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 trenrendous 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 inust 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 tbat 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. phis proposed Downtown National City PBIU or special benefits district world he funded through an assessment levied on each and every parcel in the finalized and approved boundaries in Downtown. Affected property owners have determined the exact costs of funding these special benefit services. All properties, public and private, would be included in this new assessment district. 3 In early April, a survey was mailed to every property owner within the initial study area. The area included all parcels on National City Blvd. between 2nd Street on the north, 12i° Street on the south, and along 8th Street from the 'Trolley Stop on the west to H: Avenue on the east. There are 153 parcels in the proposed district, represented by 96 property owners. The district is approximately 34 sqnare 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 Frnntage 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 Res onse Su , , ort Formation Lot Size Building Size 76% 88% Oppose Formation 24% 12% Linear Frontage 77% 23 % Of those who responded, the following represent support of specific special benefits funded by the 1'B1D: D 61 % had owned their property for 9 years or less; D 73% were sole proprietorship or family owned properties T> 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; D 54% feel their customers would not feel safe walking from the corner of 8"' and National City Blvd. and the Trolley Stop; D 64%, would support initiation of property owner funded regular sidewalk/gutter sweeping and steam cleaning sei vices; 70% support property owner funded special events to improve the identity of Downtown, Rased upon this level of support, the Downtown National City PBJD Steering Committee is presenting the following to all Downtown Property Owners for their consideration: PROPERTY VARIARI.PS BE ASSESSED: 'Elm property variables will he used to fund the special benefit services of the district. 'Those variables will include: lot or parcel size, building square footage, and linear frontage. Each of these variables can 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 RP: FUNDED: The primary special benefits to be funded by the creation of the district will be related to maintaining order and cleanliness in the public rights of way. In addition, beautification of the Downtown will be paramount as well as creating concrete visual linkages between the Trolley stop west of the freeway and the heart of the business district at 8th and National City Boulevard. After order and beautification, district identity and promotional programs will be funded. Finally, a component for administration/corporate affairs and contingency/reserve will be included in the budget. Consistent with state legislation, the district shall remain in place for five years with provisions for annual CPI adjustments as well as annual elisestablishments procedures. BENF.FI'r ZONES: There will be two benefit zones in the proposed district. Benefit Zones are determined by the level and frequency of services to one sector of the district, vs. another. For example, the core area parcels along National City Boulevard between 2" and 12th, as well as 8th Street from the freeway bridge to A Avenue, will constitute Benefit Zone 1. All other parcels in the district will fall into Benefit 7.one 2. ANNUAL BUDGET: The annual first year budget is anticipated to be S240,722.01. 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). APPORTIONMENT OF BUILDING USES: Building Use Code A 0 C 1) E (; H Description of Use Retail space, hotels, motels, visitor related Office and Commercial uses, Independent, free standing parkin structures industrial/Manufacturing/Distribution Institutional (School, public, park Church, Tax-exempt properties Multi -unit honsijg, apartments (20 units or more) Multi -unit housing, apartments (9 - 19 Unit, Multi -snit housing, apartments (2 — 8 units) Single Family housing units (not to exceed S240 per year) Condo units - S 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, S94,626.7039%) will be generated from Benefit Zone 2 parcels. Corr: Downtown National City PBID First Year Costs by Property Variable PROPERTY VARIABLE ANNUAL COST BENEFIT ZONE 1 Lot Square Footage Building Square Footage (range) Linear Frontage Single Family Home and Condo Annual Fee Total Annual Budget ANNUAL ADJUSTMENTS: ANNUAL COST BENEFIT ZONE 2 TOTAL GENERATED BY VARIABLE $ 0.0841 per square foot per year' S 0.148540.1886 per square foot per year S1.8264 per linear foot per year $ 240.00 $0.0757 per square foot per year S0.1485-50.1697 per square foot per year $1.8264 per linear foot per year $240.00 $118,053.09 (49'/e) S80,075.68 (33%) S39,713.24 (17%) $2,880.00 (1 %) S240,722.01 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 ('P1 indicator ur by an amount not to exceed 5% from the previool 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 dear, as needs change with the priorities of special benefits. PAR!' II ADDRESS SERIFS, GENERAL STREET I3VUNDARIES LOCATION: In general, the Downtown National City PBID includes all private and public parcels within the following boundaries: Street Address Series 704-724 827 Street Name 811 - 817 831 - 835 41 - 43 14-35 10 22-404 A Avenue 419 810 - 925 205 - 1146 225- 1133 B Avenue C Avenue I) Avenue E. 12'" St. E. 3rd St. E. 5'" St. E. S' Si. E. 9'6 St. Hoover Avenue National City Blvd. Roosevelt Avenue 25 - 38 21 30 21 - 27 21 110-200 111- 225 32-121 W. l I'" St. W. 12'6 St. W. 2"'' Avenue W. 3'd Avenue W. 7'h St. W. 8'1 St. W. 9'6-St. W. Plaza Blvd. 7 PART III WORK PLAN AND BUDGET SERVICES: Special benefit services to he financed by the Downtown National City Boulevard Property Business Improvement District will primarily include funding the following types of services. Based upon the survey results of the property owners, and estimated costs and services, the preliminary special benefits funded by the Downtown National City Property Business Improvement District are as follows: Proposed Downtown National City PBID: 1. Public Rights of Way and Sidewalk Operations (PROWSO) • Sidewalk sweeping; • Beautification; • Decorations and banners; • Enhanced trash receptacle placement and regular emptying; • Removal of bulky items; • Tree and shrub planting and maintenance • Work with City on hazardous issues; • Maintenance of public order in the sidewalks; • llomcless intervention; • Equipment, supplies, tools; • Misc. 2. District Identity and Streetscape Improvement (DISI) (Predominantly in Benefit Zone 1) • Special events (1 per year); • Web site; • Pedestrian kiosks/signagc • Underwriting advertising coop for hotel and retail 3. Adn►inistration and Corporate Operations: • Staffing; • Insurance; • Office related expenses; • Misc. 4. Contingency/Reserve: • Delinquencies; • City costs; • County costs; • Hardship; • Reserves; 8 Consistent «itlr state law, any property assessment district tnust confer a special benefit to real property owners paying into the assessment district. At times, specific parcels will derive greater benefit, (Inc to their proximity to a "core" area. These core and peripheral parcels, will from time to time, be designated through "benefit zones." The Downtown National City PBID anticipates two benefit zones. each receiving varying degrees of special benefits funded from the assessment district. The two benefit zones are proposed as follows: Benefit Zones: fhe Downtown National City FBI() 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 from2"d to 12 Street 81" 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 RE.NF.FI 1' SERVICES RN' BENEFIT ZONES Special Benefit Service Public rights of way and sidewalk operations (PROWSO) District Identity and Streetscape Improvements (DISI) • Special Events • Holiday Decorations Administration/Corporate Operations Benefit Zone 1 Frequency 6 days per week Through programs Once per year Seasonally Monday - Friday Renefit Zone 2 Frequency 4 days per week Through programs None None Monday - Friday PART IV ASSESSMENT METHODOLOGY TO FUND SPECIAL BENEFIT'S BUDGET': The first year annual budget is projected to be S240,722.01. 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 — SPECIAI, BENEFIT SERVICES BROKEN DOWN BY ESTIMATED COSTS PER BENEFIT ZONE. Service PROWSO: PROWSO Personnel Estimated Costs • 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 Y, cost of Supervisor; (S 23,040) 1 maintenance worker, full time, 40 hours per week (S27,850) I maintenance N order, six days per Neek, 48 hours SS30,720) 10 S81.6I0 Benefit Zone 2 4 days per week As needed As needed As needed As needed Daily As needed Weekly As needed As needed V, cost of Supervisor: ($2.3,040) 1 maintenance worker, full time, 40 hours per week (S27,850) S 50,890 K 137,500 'TILE PURPOSE OF TIIIS CALCULATION IS TO PROVIDE, A MAIEIUAL BASIS FOR THE P.R.O.W.S.O. PERSONNEL COSTS. THE ADMINISTERING CORPORATION CAN CONTRACT OUT TIIESE SERVICES TO A FOR -PROFIT OR NON-PROFIT CORPORATION, OR PROVIDE THE SERVICES IN HOUSE. THESE COSTS ARE ONLY USED AS A REFERENCE, THE. LINE. ITEM IN THE BUDGET FOR THE P.R.O.W.S.O. PERSONNEL. IS ESTIMATED TO BE $132,500.00 ANNUALLY. The basis of determining personnel costs is derived from One ,Source, a nationwide company that provides employees for many building management companies, as well as BJDs. 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 S8.00 - 9.00 per hour, starting pay. We reiterate that this is simply a tool for calculating costs of maintenance personnel. The free rnarket, 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 — SPFCIAI. I3ENF.FIT SF:RVIC.ES/P.R.O.W.S.O. NON -PERSONNEL ANNUAI. COSTS INCLUDING EQUIPMENT AND MATERIALS PROWS() Equipment and Materials Truck lease, insurance Uniforms Communications Supplies Water Dumpster costs Nursed Items Small Equipment Miscellaneous Estimated Annual Cost $ 6,000 $ 1,000 $ 4,000 $ 8,000 $ 1,000 $ 6,000 $ 8,000 S 3,000 $ 3,500 Tata! 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 STREETSCAPE IMPROVEMENTS SUGGESTED BUDGET ITEMS EMS Program to be funded/Both Benefit Zones Special events (1_Reryear); Log!) Creation (First Year only) Web site creation and maintenance Pedestrian kiosks/signage annually Estimated First Year Annual Cost Total Estimated First Year Annual Costs $ 5,000 $ 1,000 $ 4,000 S4LW $ 14,000 TA61.F: 5 ADMINISTRATION AND CORPORATE OPERATIONS SUCGES P:D ALLOCATIONS Program to be Funded Staff (Community Advocacy, retail attraction, Corporate minutes, administration to Board)_ Insurance Office rent Phone/Fax E-mail Service Office supplies Office Equipment Utilities Estimated First Year Annual Cost $ 26,000 $ 3,000 $ 6,000 $ 1,000 S 800 S1,000 S 2,000 $ 1,200 Total Estimated Annual Costs $ 41,000 TABLE 6 — SPECIAL BENEFIT SERV ICES/CONTINCF.NCV — RESERVE ANTICIPA I ED NEED Program to be Funded County Costs (1.7% of total assessments.) - City costs ($500.00 per year) No -pays, (uncollected assessments) (?) Mise[Reserve (Balance of expenses) Total Estimated Annual Costs 12 Estimated First Year Cost $12,772.01 TABLE 7 - TOTAL FIRST YEAR DOWNTOWN NATIONAL CITY SPECIAL BENEFIT SERVICES BUDGET LINE. ITEMS BASED UPON SUGGESTED PROGRAMS AND ALLOCATIONS Program Public Rights of Way and Sidewalk Operations - Persounel and Equipment for All Benefit Zones District Identity and Streetscape Improvements Administrative/Corporate Operations Contingency/Reserve First Year Allocation Total Estimated First Year Costs of Proglanrs S 173,000.00 $ 14,000.00 $ 41,000.00 $ 12,722.01 $ 240,722.01 % of Total Budget 72% 6"/" 17 % 100% METHOD OF FINANCING: This method of financing the special services is based upon the levy of assessments on real property that benefits from proposed improvements and activities. This represents a "benefit assessment district" as defined in the California Streets and Highway Code. Assessed valuation cannot be used as the basis for special benefits assessments due to the introduction of Proposition 13 into the state constitution in 1978. There are at least four basic factors that will be used in determining individual assessments. 'These factors include 1) linear frontage, 2) land area and 3) building square footage, 4) building !Ise. The assessments for the Downtown National City PBID are based upon these variables, which have been endorsed by the property owners as the most fair and equitable for apportionment of assessments to participating parcels. Linear frontage will be assessed on all sides of the parcel receiving benefit. PBiD assessments would be collected annually by the San Diego County tax assessor and would appear as a line item on the annual property tax bills. The assessments are collected by the County and transferred to the City of National City. 'They are then transferred directly to the Downtown National City PBID Management Corporation. The funds are then allocated consistent with the previously agreed upon programs in the Management District Plan. l'AM.E 8 - TOTAL GROSS DOWNTOWN NATIONAL CITY PBID PROPERTY VARIABLES Property Variables Lot Size Building Size Linear Feet Total in District 1,465,301 square feet 448,344 square feet 21,744 linear feet There are 153 parcels and 96 le};:II owners currently in the database of the above mentioned property variables. 'There arc about 34 synare blocks in the district. Apportionment of Costs to Property Variables used in the Assessment Methodolot! y As is common practice, various property variables fund different special benefit services in the district. We have employed an assessment methodology that we believes supports the relationship between assessments paid and benefits received. The following programs and services must confer a special benefit to real property owners to be consistent with Article X31I (d) of the state constitution. ANNUAL BUDGET: The annual first year budget is anticipated to be $240,722.01. Benefit Zone 1 parcels will pay a premium due to increased services and increased benefits anticipated to be derived from the formation of the district. Building use will determine the annual building square footage costs, by Benefit Zone. The proposed building uses have been categorized as follows. Each parcel has been analyzed to determine proper category of use and therefore benefit: (Internal parking built into structure will be credited to overall building size). TARI.F 9 - DEFINITION OF BUILDING/LAND USES: Building Use Code A A Description of Use Retail space, hotels, motels, visitor related Office and Commercial uses, independent, free standing parking structures Industrial/Manufacturing/Distribution institutional (School, public, park Church,'I'ax-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 S 240.00 flat fee per year The proposed apportionment of special benefits to the various property variables are as follows: 14 TABLE. 19 APPORTIONMENT OF SERVICES TO PROPERTY VARIABLES Program to he Funded PROWSO: • Maintenance Personnel • Maintenance Personnel • Non -personnel, equipment DISTRICT IDENTITY AND SrREETS('APE. IMPROVEMENTS: • Special events (1 per year) • Logo creation Benefit Zone 1 ($81,610) 2 ($50,890) 1, 2 (S 40,500) • Web site creation/maintenance • Pedestrian kiosks/signage ADMINISTRATION AND CORPORATE O PE RA'r IONS CONTINGENCY/RESERVE Apportioned to Variable 1/2 to all building square footage, 1/2 to all lot size in Benefit 7,one 1 %: to all building square footage, '1 to all lot size in Benefit Zone 2 All linear frontage, apportioned equally in both Benefit Zones 1 ( $5, 000) 1, 2 ($1,000) 1, 2 ($ 4,000) 1, 2 (,, 4,000) 1,2 ($ 41,000) Building square footage "a" only Building square footage a c Building square footage a - c Building square footage a - d Apportioned equally to all lot size in both zones 1, 2 ($ 12, 722.01) Apportioned equally to an lot size in both zones The assessment methodology annual costs are summed up in the following table: IS TABLE 11 — ANNUAL COSTS PER SPECIAL BENEFIT SERVICE AND BENEFIT ZONE: Benefit Zone Lot Square fool annual costs Building square foot annual costs Linear frontage annual costs $0.0841 Benefit Zone 2 Both Lot Square fool annual costs $0.0757 a. $0.1886 b. $0.1696 c. $0.1696 d. S0.1577 c. $0.1485 f. $0.1485 _g. $0.1485 Building square foot annual costs a. $0.1697 b. $0.1697 c. S0.1697 d. S0.1578 c $0.1485 f. $0.1485 k. $0.1485 _ Condos and Single family homes $1.8264 Contribution to total budget S 146,095.30 Linear frontage Contribution annual costs to total budget S1.8264 $94,626.71 $ 240.00 per year per unit Approximately $146,095.30 (61%) of the assessments will be generated from part'els within Benefit Zone 1. The balance, $94,626.71 (39"(,) will be generated from Benefit Zone 2 parcels. Conn() r'AcroR: 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 S240.00 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 t esidences 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 S210, Tess a 501)/0 reduction until completed and parcelized. 16 TABLE 12 - DOWNTOWN NATIONAL CITY FRlil FIRST YEAR CUSPS BY PROPERTY VARIABLE PROPERTY VARIABLE Lot Square Footage Building Square Footage (rauge� Linear Frontage ANNUAL COST BF.NEF'l r ZONE I $ 0.0841 per square foot per year $ 0.1485-$0.1886 per suare foot +er year $1.8264 per linear foot er ear $ 240.00 Single Family Home and Condo Annual Fee Total Annual Budget ANNUAI. COST BENEFIT ZONE 2 $0.0757 per square foot per year $0.1485-S0.1697 per square foot ser ear $1.8264 per linear foot + er year TOTAL GENFRA'1'El) BY VARIABLE. SII8,053.09 (49%) $80,075.68 (33%) $39,713.24 (1711/0) S240.00 $2,880.00 (1%) $240,722.01 TABLE 13 - AMOUNTS GENERA rWl) BY DOWNTOWN NATIONAL CITY PB11) Property Variable Parcel or Lot Size Building Snare Feet _ linear Fronts c_ Single Family Home and Condo Annual Fee Total Assessments, First Year - Both Zones Total Gross Variable, Both Benefit Zones 1,465,301 448,344 21,744 12 Amount Generated First Year $118,053.09 $80,075.68 $39,713.24 52,880.00 r 5240,722.01 17 PART V RELEVANT ENABLING LEGISLATION, AB 1021 The relevant enabling PBID legislation, which allows the property owners of Downtown National City to fund these special benefit services, is to be found in... • Section 36600 of the California Streets and Highway Code known as the Property Business Improvement District Law of 1994. (Amended in 2000, 2003) On July 20, 2001, Governor Cray 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 PB1Ds. The law became effective on January 1, 2002. I he major change within the law is the establishment of an "Owner's Association." This Association will he a private, non-profit entity that will contract with the City to manage the PBID. It will be subject to the Brown Act (Ca. Government Code Sections 54950 et seq.) and the California Public Records Act (Cal Government Code Sections 6250 et seq.). However, the Association will not be considered as a public entity for any other purpose. Similarly, any board members or staff will not he 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 pro visions for renewal of the PRID. 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 PRID operations and formation and the status of the non-profit organizations that manage PBII)s in the aftermath of the court ruling in Epstein vs. the Hollywood Entertainment District. The Epstein decision classified non-profit organizations that managed PB Ds 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 PRID and RID 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 XlIl D of the state.constitotion) states in Section 4 (a): "No assessment shall he imposed on any parcel which eviceeds the reasonable cost of the proportional benefit conferred on that pdrtet. Only special benefits are assessable, and an agency must separate the general benefits from the special benefits conferred on a puree!.'' In 1'ORMATION: • District formation requires submittal of petitions from property owners representing at least 50% of the total assessment. The "Right to Vote on Taxes Act" (Proposition 218) requires that more than 50% of the ballots received, weighted by assessment, be in support of the District. • This petition support ensures that the mail ballot procedure will be successful in the formation of the district. Once the necessary threshold of petitions have been collected, the management district plan will then toe submitted to the City to begin processing the public hearing. With the adoption of an ordinance of intention, the City Council will authorize the City Clerk to send out the mail ballots to all affected property owners to determine their support for the establishment of the district. • When all is said and done, the first assessments should he collected with the annual property tax bill in December 2004 with the Management Corporation receiving its first installment payment in January 2005. DURATION: • Pursuant to State Law, the District will have a set term. The proposed district will have a five-year life commencing January 1, 2005. After five years, the petition process must be repeated for the District to be re-established. 19 TIME LINE AS SPECIFIED BY LAW: The dislrict must be established 10 take advantage of the County'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 established through an assessment ballot proceeding in late July 2004, in order to notify the County in time for the 2004-05 fiscal tax year. The first assessments would then appear on the property tax statements due in December 2004. In order to take advantage of this schedule, as well as to generate revenues in early 2005, the following time line has been adopted to ensure timely funding of special benefit programs: To work effectively, we must look at the completion date and work backwards: Date must be com leted by July 20, 2004 June gth May 1"-.iune April 306 Task to be completed Public hearing/assessment balloting proceeding, ballots counted b wei'bt Resolution 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 Pro ' osition 218 of intent April 20, 2004 b Finalize management district plan including speci?I 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) Steerin Committee PART VI ENGINEER'S REPORT, EXEMPTIONS, ANNUAL ASSESSMENT INCREASES AND TILE DURATION OF THE DISTRICT A. Assessment Methodology Property owners in Downtown National City have emphasized that an assessment formula for a PBJD be fair, balanced and commensurate with special benefits received. Niw 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 stale law, the Downtown National City Property Business improvement District will appear as a separate line item on the animal property tax bills prepared by the San Diego County Tax Assessor. Property tax bills arc 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 lime 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 he final and conclusive for the purposes of this district. 71 C. Publicly Owned Parcels and Government Assessments: The Downtown National City PBID Steering Committee assumes that the City of National City, The Community Development Commission, Southwestern College, the County, the Unified School District, the State of California and any other publicly owned parcels will pay assessments for the special benefits conferred upon government owned property within the boundaries of the PBID. Article XIII D of the California Constitution, (Proposition 218), explains the basis for assessing publicly owned parcels: "Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from Assessments unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. D. Annual Assessment Adjustment: The PBID Management Corporation, will be granted the option of increasing the assessments annually based upon the Consumer Price Index of San Diego County or by a flat amount, not to exceed 5% per year. E. District Duration: Pursuant to State PBID Law, the Downtown National City PBID will have a (titration of five years, commencing on January 1, 2005 and extending through Decernber'31s1 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. 2 PART Vil Dis'1'ILIC'r GOVERNANCE AND THE DOWNTOWN NATIONAL CITY P.B.I.D. MANAGEMENT CORPORATION A few rules and regulations should be considered by the Downtown National City PI3ID Management ('orporation in the administration of the district. :• Conflict of Interest: Any stakeholder who serves on the administering corporation's Board of Directors shall recuse himself or herself from any vote in which a potential conflict of interest is apparent. Such potential conflicts include, but are not limited to, prioritizing capital improvement projects which result in special benefit to specific property owners, prioritization of services to benefit a particular owner or group of owners, hiring nt 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; Afaximize 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 fo those who pay through open access to Board meetings, elections to the Board and Board records. 23 APPENDIX A MAP OF THE DISTRICT 2.1 A Clow. el X. APPENDIX B ' FIVE-YEAR PROJECTION OF THE ASSESSMENTS ASSUMING '.TIE MAXIMUM ANNUAL INCREASE 25 Downtown National City P.B.I.D. FIVE YEAR PROJECTION Or ASSESSMENTS WITH 5% ANNUAL ADJUSTMEN— D-gected Budget 20051 5%, 2006 5'/. 2007 5.4r 2008 57.I 20091 ahItc R gntS 0' .":ay and S dewalk Ocerancns $1 7 3.000 :,0 i I 58.650 00 6181.650 00 , SP.092.50 5190.732.6C S9 536.63 11 S2C7.269.13 1 $10.013.46 I i 52' 0.232.58 1 L SteC' Uenu17and St•ee'acede'•rarover ents 514.0000 I 5730.00 ( S'4.700.00 I 3735.0C 315.435.00 5771.75 S16.206.75 5810.34 . 1 917;317.09 Amums •an: e.'Colaonte CCeraacns 541.000 00 $2.C50.00 543,050.00 1 $2.152.5C S45,202.50 S2260 13 547,482.63 52.373.13 I S=8,135 7S 'C0npnoencyFReaerve S12.722.01 • $636.1C S13.358.111 $667.91 $14.026.02 S701 30 514.727.32 5736.371 515.463.68 70:ai $240.722.01 ; S12.036.10 S252.758.11 , S12 637.91 $265.396.02 S13,269.80 $276.665.82 I S13.933.29 - S292.599.11 '5•0. APPENDIX C LIST OF PARCELS INCLUDED IN THE DISTRICT 26 NATTONAI. CITY PRII) PARCELS 10 BR ASSESSED APN Annual APN Annua APN Annual A:.se .srnent Assessment Assessment 555 030 01 00 $240.00 555 052 15 00 $2,361.54 555 114 03 00 $215.59 555 030 02 00 $427 32 555 053 1/ 00 $22,785.90 555 114 04 00 $220 14 555 030 03 00 $0.00 555 054 12 00 $6,377.83 555 114 05 00 $452 48 555 030 04 00 $0.00 555 081 09 00 $510.24 555 114 06 00 $652.46 555 030 05 00 $240 00 555 081 10 00 $267.23 555 114 (II 00 $1,151 14 555 030 06 00 $0 (41 555 081 14 00 5396.50 555 114 11 00 $330.42 555 030 07 00 $240 00 555 081-15 00 $216.88 555 114 12 00 31,594.28 555 030 (18 00 $1,358.46 555 081 16 00 $695.37 555 114 13 00 $1,569.62 555 030 09 00 $278 41 555 081 17 00 $1,992 94 556 1(11 01 00 $1,614 58 555 030 10 00 $339 52 555 082 01 00 $1,855 29 556 101 02 00 $1,815.33 555 030 11 00 $270 50 555 082 02 00 $244.19 556 101 15 00 $5,492.84 555 030 12 00 $344.51 555 082 03 0() $527.88 556 101 16 00 $2,276 33 555 030 13 00 $282.92 555 082 04 00 $399 68 556 104 01 00 $7,485.63 555 030 14 0(1 3500.53 555 087 05 00 $1,13/ 98 556 104 02 00 $240 00 555 030 17 00 $1,089.50 555 082 06 00 $960 23 556 104 18 00 $1,820 45 55 030 20 OU 54,997 45 555 082 10 00 51,533 33 556 210 25 00 $1,662 72 555 030 21 00 $3,644 29 555 082 11 011 $4,097 40 556 210 76 00 51.510 43 555 030 22 00 $6,609 58 555 083 21 00 $1,846.85 556 210 2700 431,07740 555 041 01 00 58 /8.28 555 083 22 00 $5,094.43 556 212 01 00 ' $240 0(1 555 041 02 00 $472 48 555 083 23 00 $2,989.50 556 212 02 00 $240 00 555 041 (13 00 $3,616 36 555 0133 24 00 $5,751.78 556 212 03 00 $496.74 555 041 04 00 $1,063.44 555 085 01 00 $627 48 556 212 04 00 $276.94 555 041 05 00 $570.74 555 085 02 00 $240 00 556 212 05 0(1 $419.14 555 041 06 00 $571 49 555 085 03 00 5240.00 556 212 06 00 5563.61 i.55 041 07 00 5694 46 555 085 04 DD $464 11 5`G 212 07 00 5754.77 555 041 08 00 $511.82 555 085 05 DO $2,797.35 556 331 03 OD $249.09 565 041 09 00 $511.82 555 085 06 00 $187.37 556 331 04 00 $505 91 555 041 10 00 $1.206 28 555 085 (17 00 $4,258 90 556 331 05 00 51,181 A5 555 042 10 00 $1,080 70 555 113 04 00 5808 87 556 331 14 00 52,439.66 355 042 15 00 $3,104 82 555 113 05 00 $/92 75 556 331 15 00 1926 31 ;55 042 17 00 $.3.458 95 555 113 08 00 51,769 33 550 331 'l(1 (1O '$748 13 55 012 18 00 5/,001 77 555 113 11 110 52,U84 78 556 331 21 Ih) $2,720 06 )55 052 04 00 $694 4G 555 1131200 $1,569 72 556 331 72 00 51,255 39 )55 052 05 00 5649 75 555 113 13 00 $1,133 05 556 331 2:1 00 $566 21 )55 057 06 00 34 (1 60 555 114 01 00 $240 00 556 331 24 U0 $715 80 355 052 14 0052,453 411 555 114 02 00 5740 00 556 331 75 00 53. 133 35 APN Annual Assessment 556 332 2000 $1,764 62 556 332 21 00 $535.59 556 332 22 00 $375.86 556 332 23 00 $253./0 556 332 24 00 $1.400.83 556 333 15 00 $2,626.38 556 333 17 00 $4.907 21 556 333 18 00 $522.19 556 334 19 00 $2,101.81 556 334 20 00 $282.35 556 334 21 00 $410.30 556 334 27 00 $452.14 556 471 03 00 $2,233.31 556 471 04 00 $575.76 556 471 16 00 $1,585.34 556 471 17 00 52.691 26 556 471 23 00 54,8.30 57 556 471 24 00 $3,6/3.51 556 472 23 00 52,0 19.79 556 477 24 00 5527.74 556 472 26 00 $3,056.70 556 472 21 00 $265 95 556 473 15 00 $1,526.52 556 473 16 00 $792 75 556 473 17 00 $962.08 556 4 /4 01 00 $1.610.56 55G 474 02 00 $739.54 556 474 21 00 52.527 99 556 493 01 00 $1,290 96 556 493 04 00 $934 44 556 493 05 00 $240 00 556 553 01 00 $694 411 556 553 02 00 $357 75 556 553 03 00 $409 23 556 553 01 00 56 16 95 556 553 05 00 $1,592. /9 NATIONA PARCELS T APN 556 553 09 00 556 553 12 00 556 553 13 00 556 554 16 00 556 55.1 17 00 556 554 18 00 556 554 19 00 556 554 20 00 556 554 21 00 r, CI1Y PBID o Rt' ASSESSED Annual Assessment $515.54 $567 57 $526.29 $4,415.42 $6,245 33 $1,195.18 $569.85 $1,205.03 $1,568.79 APN Annual Assessment Edward 1 leaning & Associates URBAN REVITALIZATION • FUNDING Downtown National City Property Business Improvement District CITY OF NATIONAL CITY - CALIFORNIA DISTRICT ASSESSMENT ENGINEER'S REPORT Prepared by Edward V. Henning, California Registered Professional Engineer # 26549 Edward Henning & Associates Phelan California June 1, 2004 133:to Buttemerc Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (76o) 868-6490 • mred2@eattlilink.net Edward Henning& Associates URBAN REVITALIZATION • FUNDING DISTRICT ASSESSMENT ENGINEER'S REPORT To Whom 1t May Concern: I hereby certify to the be,.I of my professional knowledge and experience that each of the identified benefiting properties located within the proposed Downtown National City Property filminess Improvement District will receive a special benefit over and above the benefits conferred on the public at large and that the amount of the proposed assessment is proportional to, and no greater than the benefits conferred on each respective property. eeitcil Prepareby Edward Y. Henning. California Registered Profescinna1 Engineer x 26549 .-t • Edward V. He RPE 426549 luxe 1, 2W4 Date (NOT VALID IV17 HOUT E7l4BO.SF.D CER7YH(:AT7ON SEAL AND SIGNA/VRE HERE) introduction This report shall serve as the "detailed engineer's report" requited by Section 4(b) of Article X1111.) of the California Constitution (Proposition 218) to support the benefit property assessments proposed to be levied within the Downtown National City Property Business Improvement District (Downtown National City PEED) in the City of National City, California being established for a five year period. The discussion and analysis cnntaincd within constitutes the terminal "nexus" of rationale between assessment amounts levied and special benefits derived by properties within the Downtown National City PBID. NOTE 1. The terminology "identified benefiting parcel" or "property" is used throughout this report pursuant to SB 919 - 'Proposition 218 Omnibus Implementation Act" which clarified portions of Prop 218 1! provides the Engineer and District Consultant with the ability to actually identify individual parcels which will benefit directly either in whole or in pan from the proposed District funded programs and improvements and dots not imply that all parcels receive assessable benefits . 1333o But tcmere Rd • Phelan CA 92371 • (760) 868-9g63 • (fax) (76o) 868 6490 • rn ed2Cglcar thlink.net Edward l lenning & Associates URBAN REVITALIZATION • FI1NDING Background The Downtown National City PBID is a property -based benefit assessment type district being established pursuant to Section 36600 et seq of the California Streets and Highways. Code, also known as the Property and l3usiness Improvement Dis*ict Law of 1994 (the "Act"). Due to the benefit assessment nature of assessments levied within a MID, district program costs arc to be distributed amongst all identified benefiting properties based on the pxoporlional amount of program benefit each property is expected to derive from the assessments collected. Within the Ad. frequent references arc made to the concept of relative "benefit" raxival from PBll) programs and activities verso amount of assessment paid. Only those properties expected to derive special b imefits from PAID funded programs and activities may be assessed and only in an amount proportional to the relative benefits expected to be received The rnctho d 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 properly related services, such as those proposed in the Downtown National City PSI -JD, the benefit unit may be measured in linear feet of street frontage or parcel size in square feet or building size in square feet or number of building floors or proximity to major corridors in average linear feet, or any combination of these factors. Quantity takeoffs for each parcel aie liven measured or otherwise asceitaiued From these figures, the amount of benefit units to be assigned to each property can be calculated. Special circvmslanecs such as unique geography, land uses, development constraints etc. are carefully reviewed relative to specific programs and improvements 10 be fimded 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 name 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 couiped resource and material credits arc estimated. It is noted, as stipulated in Proposition 218, and now requiresl of all property based assessment districts, indirect and general benefits may not be incorporated into the assessment formula and levied ou the distnd properties; only direct or "special" benefits and evils may be considered Indinxt or general benefit costs must be calculated and factored out of the assessment Coq basis to produce a "net" cost figure. III addition, Proposition 21 R no longer exempts government owned property from paying benefit assessments and these properties must be factored into the assessment roll if special benefit is determined to be conferred upon such properties 13330 Buttemcre Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (700) 868-6490 - mrcd2@earthlink.net Edward Henning & Associates URBAN RhVTTALIZATION • FUNDING From this, the value of a basic benefit unit or "basic net unit cost" can be compute] by dividing the total amount of estimated net program costs by the total number of benefit units. The amount of assessment for each parcel can be computed at this time by multiplying the Net Unit Cost times the number of Basic Benefit Units per parcel. This is known as "spreading the assessment" or the "assessment spread" in that all costs are allocated proportionally or 'spread" amongst all properties within the I'BID. The method and basis of spreading program costs varies from one PM) to another based on local geographic conditions, types of programs and activities proposed, and size and development complexity of the district. PBIDs may require secondary benefit ?ones to be identified to allow for a tiered assessment formula for variable or "stepped -down" benefits derived Supplemental Proposition 218 Procedures and Requirements I'roposition 218, approved by the voters of California in November of 1996, adds a supplemental array of procedures and requirements to be carried out prior to levying a property -based assessment like the Downtown National City PBID. These rermilenients are in addition to requirements imposed by State and local assessment enabling laws. These requirements were "cbaptered" into law as Article XIUD of the California Constitution and then further clarified by the Proposition 218 Omnibus Legislation in 1997 diapered in section 53750 et seq of the California r Government Code. Since Prop 218 provisions will affect all subsaprcnt calculations to be made in laying out the final property assessment roil for the Downtown National City PBID, Prop 218 requirements will be taken into account first The key provisions of Prop 218 along with a description of how the Downtown National City PBID complies with each of these provisions is delineated below. (Note: All section references below pertain to Article X1i1 of the California Constitution): Hndint! 1. From Section 4(a): "identify all parcels which will have a special befit conferred upon them and upon which an assessment will be imposed" Tbere are 153 "identified" individual parcels within the Downtown National City PBID which will all derive some level of special benefit from the proposed District programs and activities. These parcels are shown on the Boundary Map within the Management District Plan and are listed as an attachment to the Plan - identified by assessor parcel number and site address. Two benefit zones have been identified within the District which generally includes all propcnics along and surrounding the National City Boulevard corridor from 2"' to 12th :cod the gth Sum( corridor from the freeway to A Avenue 13330 Ruttemere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (760) 868-6490 • mred2 «earthlink.net Edward I lenning & Associates URBAN REVITALIZATION • FUNDING Finding 2. From Section 4(a): "Separate the general benefits from the special benefits conferred on parccl(s). Only special benefits are assessable. " As stiprdatcd by Prop 218, assessment distract programs and activities confer a combination of general and special benefits to district properties, but the Duly program benefits which can bc fiinded through assresrueuts arc those attributed to special property related benefits. Thus, a portion of the program costs roust bc considered attributable to general benefits and assigned a value. Conventional assessment enginucring experience has found that general benefits within a given district typically average 10% of the total adjusted costs with a 5% deviation. (Total adjusted costs include actual proposed PBID program costs plus any additional supplemental or matching program costs as well as applied credits from sources such as start up grants, Roard/Conuniuee member service credits and specialized assessment reductions/adjustments.) there are three common methods for determining general and special benefit ratios within asscssiur rat districts: (1)'llic parcel by parcel allocation method (2) 'Ile program/activity line item allocation method, and (3) The composite district overlay determinant method. The vast majority of PB1Ds in California have used Method #3, the composite district overlay determinant method which will be used for the Downtown National City Pl3ID Using empirical data from other PRl!)s, a fotirsed range for general benefits from 5-15% is used. Rased on a composite of district criteria such as the shape of the Downtown National City PBID, the existence of two benefit zones, a thrce-four element assessment formula, the proximity all of district properties to the applicable program benefit Torres, 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 spec -tat benefit related cost& Since the total program cost is estimated at S265,572.01 (six; Table 1 later iu this Wpm), the rnaxinium special benefit portion which can be recooped through property assessmciats, is S252,293.41 Remaining costs which arc attributed 10 general benefits, will seed to bc derived from other sources. (e.g. public/private matching grants., startup grants, startup volunteer credits or ongoing board member volunteer cnxlrts) 4 13330 linttemcrc Rd • Phelan CA 92371 • (760) 808 9963 • (fax) (76o) 868 6490 • mredz@earthlink.net Edward Henning& Associates URBAN REVITALIZATION • FUNDING F ndint 3; From Section 4(a): "(Determine) the proportionate special benefit derived by each parcel in relationship to the entirety of tbe. cost of public improvement(s) or the maintenance and operation expenses._ or the cost of tbe 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 paroei assessment by the total program costs. Findint 4: From Section 4(a): "No assessment..._:. shall exceed the reasonable cost of the proportional special benefrt conferred on parccl(s)." Not only are the proposed program costs reasonable due to the benefit of group purchasing and contracting which waild be passable through Ibe Downtown National City MID, they are also considerably less than other options considered by groups like the Downtown National City PBID Formation Committee- Findint S. From Section 4(a): • Parceti .......tbat are owned or used by any (public) agency shall not be exempt from assessment" Parcels within thc District that are owned by public agencies (i.c. City of National City, the Coaununiry Development Cocunission, Soeithwcstem College de) will also be assessed and at rates equivalent to private sector owned parcels. The "fair market value" of sucb public properties is identical to surrounding privately owned parcels and any increased values and benefits derived from PBID programs and servius world be similar for either public or privately owned parcels, with or without improvements. lust as thc costs and effects of blight are shared by both public and private properties, so are the rewards of dean and safe as well as district promotions and marketing programs. Sioce there is no compelling finding or evideacc that such properties would receive kss direct beaefrt from thc proposed MID programs and.serviccs than surrounding private parcels, the same assessment rates would be levied Finding 6. From Section 4(b): "AII assessments mast be supported by a detailed engineer's report prepared h) a registered prolessiooad engineer certified by the State of California". "(his report shall serve as thc "detailed engmeeits report" to support tlx: benefit property assessments proposed to be levied within the Downtown National City PIBII) . 13330 8trtternPrr Rd • Phelan CA 92371 - (76b) 868-9963 • (fax) (76o) 868-6490 • nutd2@ear thlink.nel Edward Henning& Associates URBAN REVTTA1.17ATION • FUNDING Finding 7. From Section 4(c): "The amount of the proposed assessment for each parcel shall be calculated (along with) the total amount thereof chargeable to the entire district, the duration of sucb 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 attachnleut to the Management District Plan The district and resultant assessment payments will continue for five years and may be renewed again al that time. The reasons (purposes) for the proposed assessments are outlined in the Management District Plan. The calculation basis of the proposed assessment for the PBID is attributed in part to the specific atrtown of property 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, al) which can affect the amount of bcuefil conferred on a particular parcel and the proportionate asscsswcnt to bc paid. The formula may base assessments on a single factor or a combination of factors. Based on the nature of the proguant activities to be funded by the Downtown National City PEED, which "elate to the proportionate amount of real estate (1.e. land) held in ownership, development intensity (i.e. building area) and properly street frontage as well as land use, it has been determined that the assessments for the PBID will bc 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 llenefit "B" Units - farther refined by land use) and linear fat of property frontage (Basic Benefit "C" Units). Based on the shape of the Downtown National Ctty 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, propoUonate degree of benefit based on the respective amount of parcel size, building size, land use and street fi ontagc. Step 2. (Quantify 'total Basic Benefit Units Taking into accourtt all identified benefiting properties, there are 1,465,301 square feet of assessable parcel land arra witlrtn the chalict, 448,344 square feel of assessable tnuldtng area aix1 21,744 finer feet of property street frontage. In addition, there are 17 assessable single family/condo units. Since. the selected Basic Benefit Ulm is based on a 6 13330 Buttculere Rd • Phelan CA 92371 • 0601368 9963 • (fax) (760) 868-6490 • mred2@earlhlink.net Edward Henning & Associates URBAN RhVITALIZAT)ON • FUNDIN( combination of parcel arca, building area and street frontage, there are, in turn, corresponding amotnnts of Bask Benefit Units in the PBID as shown in Step 7 herein. The target weighted revenues from each formula component were 50% for land area, 30% for building arca and 20% for street frontage. The f ual adjusted weights ate 49% fot 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 Zooc 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. 'fhc number of Benefit Units for each identified benefiting parcel within the Downtown National City PIMID 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 cacb tax parcel and arc 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 lick search of recorded land subdivision maps or building records, it docs provide an acceptable basis for the purpose of calculating property based assessments. All respective property data being used for assessmem 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 a For a Disiricl 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 •- PB1D Assessment The Downtown National City PBR) assessment is to be based on throe Basic Benefit Unit factors; land square footage (Basic Bent "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 site, building size and street frontage as follows: Zone 1: Assessment = ((No. of Benefit "A-1"Units x Basic"A-I" Unit Cost)) 4 ((No. of Beueft "f1-1"Units x Basic "B-1"Unit Cost)J ((No. of Bent "C-1" Units x Basic "C-1" Unit Cost)) Zvue 2 Assessment = J(No. of Benefit "A-2"Units x Basic "A-2" Unit Cost)J + J(No of Benefit "B-7" Units x Basic "f1-7" Ihut Cost)) i ((No of Benefit "C-2" thins x Basic "C-7" Unit Cust)J 7 13330 Buttemeree Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (76o) 868-6490 • mred2@carthliuik.net Edward Henning& Associates URBAN REVITALIZATION • FUNDING Note A: Benefit "A" Unit Costs vary based on land nse as shown in Table 3 later in this report. Note B: Assessments for single family residential and residential .rondos 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/aetistitiess TABLE 1 Estimated Total Year 1 row am & Activity Costs (Special+General Benefits) Program/Activity _ Year 1 % 1 Public Rights of Way A Sidewalk Operations 11 /3,000,00 J 65.14% District Identity/Streetscape Improvements S14,000.00 5.27% Adminlstratlon/Corporate Operations 341,000.00 15.44% t Contingency/Reserve 312,722.01 4.79% ! Mise Costs (Credits) 324,850.00 I — 9.36% 1 Total 3265,572.01 100.00% I Step 6_ Separate General Benefits from Special Benefits and Related Costs (Prop 2111) Total program and activity costs are estimated at S265,572.01 (sec Table 1 above). General benefits an: factored at 5% of total (see Fording 2 on page 4 of this report) with special benefits set at 95•/a Prop 218 limits the levy of property assessments to costs attributed to special benefits only. The 5% general benefit cost is computed to be $13,278.60 with a resultant 95% special benefit limit computed at 5252,293.41. This is the maximum amount of revenue that can be derived from Property arsesmrents from the subject i'N/D. Tire total amount of revenue proposed to be derived from PBJD assessments is S240,722 0i for Year 1, which is less than the special benefit limit of $252.293.41 'therefore, no Prop 218 adjustments need to be made to the proposed assessment formula. All program costs associated with general benefits will be derived (tom sources or credits other than MID assessments as shown below in Table 2. 8 1333o Buttemere Rd • Phelan CA 92371 • (7bo) 868,4963 • (fax) (760) 8613-6490 • mred20DParth)ink.net Edward I ienning & Associates URBAN REVITALIZATION • FUNDING TABLE 2 Total Adjusted Year i Revenue (For Special + General Benefit Protarams/Activities) IFunding_ Source Subtotal Revenue _1 1 MUD Assessments 1 S240,721.01 I 90.64% 1 1 PBfD formation Pro -rated Credit/Year (135,000 base) $7,000.00 2.64% j MD Formation Pro -Rated Volunteer Credit/Year (50%base) $1 S00.00 1 1.32% Annual Board/Volunteer Credit (35% base Admin) 114 350.00 1 5.40% —i TOTAL ADJUSTED REVENUE -- S265.572.01 100.00% J Step 7., Calculate "Basic Unit Cost" (Special Benefits Only) With a Year I budget of $240,720.01 (special benefit only), the Basic Unit Costs ("A", "R" and "C") from the ?vfanagccncut Plan arc: TABLE 3 Basic Unit Land Use Description Benefit Zone 1 Benefit Zone 2 "A" Cost MI except SFR and condos S0.0841/sf 50.0757/sf "B-a" Cost Retail, hotels, motels, visitor 10.1886/sf 10.1697/sf "13-b" Cost Office, commercial, pkg strut. 10.1696/sf 10. I697/sf "B-c" Cost Industrial, manufacturing $0.1696/sf 10.1697/sf "B-d" Cost Institutional, : $ , ., nt etc 10.1577/sf 10.1578/sf "B-e"Cost Residential 20+ units $0.1485/sf SO.)485/sf "B-r Cost Residential 9-19 units $0.1485/sf 10.1485/sf "B-g Cost Residential 2-8 units $0.1485/sf SO. I485/sf "B-h" Cosi Sinp,le family nsidentiai 1240 flat rate -_ 1240 flat rate "B-i" Cost Residential Condo 1240 flat rate 1240 flat rate "C" Cost All except SFR and condos S1.8264/11; $1 8264/LF Since the PB11) is planned for a five year tern, maximum assessments for future years (Years 2 through S) must be set at the inception of the FWD. A mauunrum annual Oat rate increase of 5% may be imposed each year, subject to approval by the PBII) Board 9 13330 Rut tmere Rd • Phelan CA 92371 - (760) 868 9963 • (fax) (760) 868 6490 • mrecl2@eartIelinI:.Mat Edward Henning & Associates URBAN REVITALIZATION • FUNDING Step ft. Spread the Assessments The resultant atsecsment spread calculations for each parcel within the PB1D are shown in an attachment to the District Management Plan and were determined by applying the District assessment formula to each identified benefiting pioperty This list of all identified benefiting parcels in the PBR) delineates each parcel and benefit units for property street frontage and parcel area. 10 t33:30 Buttcmcre Rd • Phelan CA 9237t • (760) 868-9963 • (fax) (760) 868-6490 • mred2@earthlink.net Edward 1 Ienning & Associates URBAN REVITALIZATION • r1:Pi1)INC. EDWARD H NNING & ASSOCIATES Edward Henning and Associates is a multi -disciplined consulting firm offering a diverse range of community development and binding services focusing on downtown business districts and the unique problems and opportunities associated with center city areas. Types of services provided • Business Improvement District (BID & PB1D) Formations, Modifications, F.xpansions, 1 /pdates • Prop 218 Assessment Engineering Analyses andlteports (Licensed Fngincer) • Downtown Revitalization Ptans/Redevclopment Planning and Implementation • Establish/Administer/Field Supervision for Rehabilitation Programs and Projects • Architectural Design Guidelines/ Sign Ordinances Partial list of agencies and clients represented , • Town of Apple Valley • City of Berkeley - City of Buena Park • City of Culver City • City of Ihmtingtoo Park • City of Huntington Beach • City of I ,os Angeles - Gateway to LAX - Historic Downtown Core - I lollywood District - Melrose/Fairfax 1 archmont - 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 Vacavilk • City of Whittier • Cty of Yucaipa PBID Formation (Village) BID Formation (Downtown) BID Formation Analysis (Auto Row & Fintcrtainmem Corridor) RID Formation (Downtown) BID Formation (Pacific Blvd. ) BID Formation (Auto Row Disrria) PBID Formation & Renewal (Prop 218 Compliance) PBID Formation (Prop.218 Compliance) PBID Formation (Prop 218 Compliance) PB1D Formation (Prop 218 Compliance) PBID Formation & Renewal BID Formation PBID Formation (Prop 218 Compliance) Private Sector PBID Formation Hybrid BID/PB1D Fonnation BID Modification (Downtown) PBID Formation (Downtown) BID Advising BID Modification PBID Formation (Downtown) PBID Formation (Playhouse Distract) Citywide Tourist Improvement District (TIO) PBID Formation (Downtown) PBID Formation (Prop 218 Compliance) BID Formation (Downtown) Citywide Tourist Improvement District Evaluation (TID) BID Modification (Uptown) PBID Formation & Rcncwal(Uplown) 11 13330 Buttemere Rd • Phelan CA 92371 • (740) 868-9963 • (fax) (760) 868-6490 • mred:?@earthlink.net City of National City, California CITY COUNCIL AGENDA STATEMENT MEETING DATE flint. 17 200R AGENDA ITEM NO. 12 EM TITLE RESOLUTION APPROVING TFIF ASSESSMENT ENGINEER'S REPORT AS 01I ILINED IN THE DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN FOR PROCEEDINGS FOR TIIE ANNUAL LEVY OF ASSESSMENTS WITIIIN THE: DOWNTOWN PROPERTY BUSINESS IMPROVEMENT DISTRICT (MORGAN SQUARE) PREPARED BY DEPARTMENT Jacqueline Reynoso (ext. 4293)0 Economic I )evclopment Divisio Community Development Coordinator Strategic Action 4d EXPLANATION The Engineer's Report calculated the annual cost to be assessed to each property owner located within the District. The amounts provided in the report are intended to provide various improvements to the district including sidewalk sweeping; decorations and banners; enhanced trash receptacles; administration. legal and engineering costs; other contingencies. The County of San Diego Auditor and Controller will collect Ices as part of the annual property tax roll nrocedures. Upon collection. the funds will then he disbursed to the City. this Resolution adopts the Engineers Report and orders it to be filed in the Office of the City Clerk as a � ncnt record and to remain open to public inspection. Environmental Review N/A Financial Statement Maintenance costs for fiscal year 2008-2009 operation of the District arc estimated at $240.688.64 with an option to increase a maximum of 5% for subsequent years with lees to the property owners in the range of $240 to $22,786.90. No change in the assessment amount is expected for fiscal year 2008-2009. STAFF RECOMMENDATION Adopt Resolution rATTACHMENTS Resolution No. 1. Downtown National City Property Business Improvement District Management District flan and Engineer's Report. A-200 (9/80) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ASSESSMENT ENGINEER'S REPORT AS OUTLINED IN THE DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN FOR PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN THE DOWNTOWN PROPERTY BUSINESS IMPROVEMENT DISTRICT (MORGAN SQUARE) WHEREAS, the City Council, pursuant to the terms of the "Property and Business Improvement District Law of 1994", being Division 18, Part 7 (Section 36600 et seq.) of the California Streets and Highways Code and Article XIII D of the Constitution of the State of California ("Article XIII D"), has received an Assessment Engineer's Report ("Report") as outlined in the Downtown National City Property Business Improvement District Management District Plan for the annual levy of assessments within a district. said district known and designated as the Downtown National City Property Business Improvement District (hereinafter referred to as the "District"); and WHEREAS, the City Council has carefully examined and reviewed the "Report" as presented. and is satisfied with each and all of the items and documents as set forth therein. and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the special benefits received from the improvements to be maintained, as set forth in said "Report". NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of National City as follows: Section 1 Section 2. RECITALS The above recitals are all true and correct. PROCEDURES That the "Report" as presented consists of the following: A. Plans and specifications describing the general nature, location, and extent of the improvements to be maintained and the extent of such maintenance; B. An estimate of the cost of the maintenance of the improvements for the Maintenance District for the referenced fiscal year; A diagram of the Maintenance District. showing the area and properties proposed to be assessed; and D. An assessment of the estimated costs of the maintenance, assessing the net amount upon which all assessable lots and/or parcels within the District in proportion to the special benefits received. Resolution No. 2008 — June 17, 2008 Page 2 Section 3. Said report includes all costs and expenses of maintenance and service for the fiscal year commencing July 1, 2008 and ending June 30, 2009. Section 4. Said Report, as presented, is hereby approved on a preliminary basis, and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. Section 5. That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Engineer's "Report." PASSED and ADOPTED this 17th day of June, 2008. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor RECEIVED L , 2C:4 ComTul y Deveicrxz. CcrY-i;,s:;,,, DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN Formed Under California Streets and Highway (:ode Section 36600 Property Business Improvement District Act of 1994 FINAL PLAN SUBMITTED TO: THE DOWNTOWN NATIONAL CITY P.B.I.D. STEERING COMMFITEE THE CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION EXECUTIVE DIRECTOR BEN MARTINEZ MAYOR NICK INZI INZA AND CITY COUNCIL MEMBERS LUIS NATIVIDAD, RON MORRISON, FRANCISCO PARKA ANI) FIDEL AS UNGAB PRESENTED BY: MARCO LI MANDRI, NEW (CITY AMERICA INC. APPROVED APRIL 30, 2004 UPDATED MAY 24, 2004 Attachment 1 DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVF.MF.NI' DISTRICT MANAGEMENT DISTRICT PLAN FINAL PLAN - MAY 24, 2004 TABLE OF CONTENTS I. INTRODUCTION, EXECUTIVE: SUMMARY II. ADDRESS SERIES, GENERAI. 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 ASSESSMMF.NTS PAID AND SPECIAL SERVICES RECEIVED VII. DISTRICT GOVERNANCE APPENDIX A. MAP OF THE DISTRICT B. FIVE YEAR 1'ROJE:CTION OF ASSESSME:N'I'S C. LIST OF PARCELS INCLUDED IN DISTRICT 1). CERTIFIED ENGINEER'S RETORT PART jl EXECUTIVE SUMMARY DOWNTOWN NATIONAL CiTY MANAGEMENT DISTRICT PLAN Statement of Purpose Over the past two years, the people of San Diego County have begun to see National City in a whole new light. Long identified with the extremely successful National City Mile of Cars, the City now has the distinct identity of a municipal corporation aggressively moving forward on a number of fronts. Whether it be the visionary Marina project, the development of Filipino Village, the beautification of Highland Avenue or the creation of the Education Village in Downtown National City, more things are happening in this City than almost anywhere else in the County. Under the leadership of the Mayor and City Council, as well as the staff of the Community Development Commission, National City is in a race to re -position itself as a great City with bustling commerce, historic significance, a great urban forestry plan, strengthening of ethnic neighborhoods and experimenting with what makes Downtowns work in the 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 nut 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 set -vices 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 PBJD or special benefits dish ict 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 enact costs of funding these special benefit services. All properties, public and private. would be included in this new assessment district. 3 In early April, a survey was mailed to every property owner within the initial study area. The area included all parcels on National City Blvd. between 2nd Street on the north, 12`h Street on the south, and along 8`h 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 P81D: Responses from Property Owners Who Returned PBID Survey Res onse 1.or Size Building Size Linear Fronta: e Su . ' ort Formation 76% 88°4 77% O . ' 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 Tess; 1'- 73% were sole proprietorship or family owned properties Y 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;" i= 54% would support properly owners funded special benefit security services; 54% feel their customers .could not feel safe walking from the corner of t+i° and National City Blvd. and the 'I rollcy Stop; Y 64% would support initiation of property owner funded regular sidewalk/gutter sweeping and steam cleaning services; )> 70% support property owner funded special events to improve the identity of Downtown; Based upon this level of support, the Downtown National City PBID Steering Committee is presenting the following to all Downtown Property Owners for their consideration: PROrF.R'rY 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 wilt be related to maintaining order and cleanliness in the public rights of way. In addition, beautification of the Downtown will be paramount as well as creating concrete visual linkages between the Trolley stop west of the freeway and the heart of the business district at 8'h and National City Boulevard. After order and beautification, district identity and promotional programs will be funded. Finally, a component for administration/corporate affairs and contingency/reserve will be included in the budget. Consistent with state legislation, the district shall remain in place for five years with provisions for annual CPI adjustments as well as annual disestablishments procedures. RF.NF.FIT ZONES: There will be two benefit zones in (he proposed district. Benefit Zones are determined by the level and frequency of services to one sector of the district, vs. another. For example, the core area parcels along National City Boulevard between 2"d and 12'4, as well as 8t' 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). APPORTIONMENT OF BUILDING USES: Description of Use Retail space, hotels, motels, visitor related Office and Commercial uses, independent, free standing parking structures 1 ndustriaUManofacturing/Distribution institutional School . ublic ark Church, Tax-exempt properties Mutts -unit hoi.si�, 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 - S 240:00 flat fee per year Approximately $146,095.30 (61%) of the assesstnents•will be generated from parcels within Benefit Zone 1. The balance, $94,626.71: (39%) will be generated from Benefit Zone 2 parcels. COST: Downtown National City PBID First Year Costs by Property Variable ANNUAL COST 'TOTAL GENERATED -I BENEFIT ZONE 1 BY VARIABLE PROPERTY VARIABLE Lot Square Footage Building Square Footage (range) Linear Frontage Single Family Home and Condo Annual Fee $ 0.0841 per square foot per year S 0.148S-S0.1886 per square foot per year $1.8264 per linear foot per year 'Iota! Annual Budget ANNUAL. ADJUSTMENTS: $ 240.00 ANNUAL COST BENEFIT ZONE 2 S0.0757 per square foot per year $0.1485-$0.1697 per square foot per year $118,053.09 (49%) f S80,075.68 (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 he given the option to increase the assessments annually based upon the San Diego County regional C11 indicator or by an amount not to exceed 5% from the previou's 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 righi to shift up to 10% per year from category to categoi y, each year, as needs change with the priorities of special benefits. 6 PART II ADDRESS SERIES, GENERAL STREET BOUNDARIES LOCATION: In general, the Downtown National City PBID includes all private and public parcels within the following boundaries: Street Address Series 704-724 827 811 - 817 Street Name 831 -- 835 41 - 43 14- 35 A Avenue B Avenue C Avenue D Avenue 10 22-404 419 810 - 925 205 - 1146 225 - 1 133 25 - 38 21 30 E. 12" St. E. 3`d St. E. 5" St. 21 - 27 21 110-200 111- 225 32-121 E. e St. E. 9'h St. Hoover Avenue National City Blvd. Roosevelt Avenue W. W. 12'TSt. W. 2"d Avenue W. 3`d Avenue W. 7�" St. W. 8'ti St. W. 9" St. W. Plaza Blvd. PART III WORK FLAN AND BUDGET SERVICES: Special benefit services to be financed by the Downtown National City Boulevard Property Business Improvement District will primarily include funding the following types of services. Based upon the survey results of the property owners, and estimated costs and services, the preliminary special benefits funded by the Downtown National City Property Business Improvement District are as follows: Proposed Downtown National City MD: 1. Public Rights of Way and Sidewalk Operations (PROWSO) • Sidewalk sweeping; • Beautification; • Decorations and banners; • Enhanced trash receptacle placement and regular emptying; • Removal of bulky items; • Tree and shrub planting and maintenance • Work with City on hazardous issues; ■ Maintenance of public order in the sidewalks; • Homeless intervention; • Equipment, supplies, tools; • Misc. 2. District Identity and Streetscape improvement (DISI) (Predominantly in Benefit Zone 1) • Special events (1 per year); • Web site; • Pedestrian kiosks/signage • Underwriting advertising coop for hotel and retail 3. Administration and Corporate Operations: • Staffing; • insurance; • Office related expenses; • Misc. 4. Contingency/Reserve: • Delinquencies; • City costs; ■ County costs; • Hardship; • Reserves; 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, he designated through "benefit zones." 'file Downtown National City PBID anticipates two benefit zones, each receiving varying degrees of special benefits funded from the assessment district. The two benefit zones are proposed as follows: Benefit Zones: The Downtown National City PBID Benefit Zones are created based upon the frequency and type of special benefit services that might be desired. For example, the core area near National City Boulevard and 8iA Street may need special benefit services six days per week, have large special events and he the focus of many promotional activities. These property owners would pay for those specific special benefit services based upon the anticipated benefit to be received. Benefit Zone Boundaries 7.onc 1 National City Boulevard from 2"a to 12Th—Street (core area) 8t° Street from the freeway bridge to A Avenue Zone 2 All other streets in the district not included in Benefit Gone 1 (peripheral area) 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 (DIS!) • Special Events Benefit Zone 1 Frequency 6 days per week ■ holiday Decorations Administration/Corporate Operations 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 ASSESSMENT METHODOLOGY TO FUND SPECIAL BENEFITS BUDGET: The first year annual budget is projected to be S240,722.01. Annual adjustments of up to a maximum of 5% over the previous year's gross asscssinent 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 Pin BENEFIT ZONE PROWSO Personnel Estimated Costs Service Benefit Zone I 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 Ectnnated Personnel (.Oct 6 days per week As needed As needed As needed As needed Daily As needed Weekly As needed As needed `/: cost of Supervisor; (S 23,040) 1 maintenance worker, full time, 40 hours per week (S27,850) maintenance ssorkcr, six days per %seek, 48 hours (S30,720)_ 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 'A cost of Supervisor; ($23,040) I maintenance worker, full time, 40 hours per week ($27,850) - - S 132,i(IQ *TILE PURPOSE OF THiS CALCULATION IS TO PROVIDE A MATERIAL BASIS FOR T11E P.R.O.W.S.O. PERSONNEL COSTS. THE ADMINISTERING CORPORATION CAN CONTRACT OUT THESE SERVICES TO A FOR -PROFIT OR NON-PROFIT CORPORATION, OR PROVIDE THE SERVICES IN HOUSE. THESE COSTS ARE ONLY USED AS A REFERENCE, THE LINE ITEM IN THE BUDGET FOR TIIE P.R.O.W.S.O. PERSONNEL IS ESTIMATED TO BE $132,500.00 ANNUAi.i.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 Bills. 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. II 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 ANNU.4I. COSTS INCLIIDING EQUIPMENT AND MATERIALS I'ROWSO Equipment and Materials Truck lease, insurance Uniforms Communications Supplies Water Dumpster costs Estimated Annual Cost $ 6,000 $ 1,000 $ 4,000 S 8,000 $ 1,000 $ 6,000 Nursery Items Small Equipment _ — —Miscellaneous t- Total Estimated Annual Equipment Costs $ 8,000 $ 3,000 $ 3,500 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 dumpsier removal fees, both of which could he negotiated with the ('f)C. TABLE 4 - DISTRICT IDENTITY AND STREETSCAPE IMPROV EMEN'IS SUGGESTED BUDGET ITEMS Program to befunded/Both Beneft Zones Special events Oyer year); Lugo Creation (First Year only) Web site creation and maintenance Estimated First Year Annual Cost Pedestrian kiosks/signage annually Total Estimated First Year Annual Costs $ 5,000 S 1,000 $ 4,000 $ 4,000 S 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 Estimated First Year Annual Cost S 26,000 Phone/Fax E-mail Service Office supplies Office Equipment Utilities $ 3,000 $ 6,000 $ 1,000 $ 800 $1,000 Total Estimated Annual Costs $ 2,000 $ 1,200 S 41,000 TABLE 6 - SPECIAL BENEFIT SERVICES/CONTINGENCY- RESERVE ANTICIPATED NEED Program to be Funded CountyCosts (1.7% of total assessments) City costs ($500.00 per year) No pays, (uncollected assessments)(?) Misc/Reserve (Balance of expenses) Total Estimated Annuul Casts Estimated First Year Cost l7 $ 12,772.01 TABLE 7 -TOTAL FIRST YEAR DOWNTOWN NATIONAL CI'iY SPECIAI, BENEFIT SERVICES BUDGET LINE ITEMS BASED UPON SUGGESTED PROGRAMS AND ALLOCATIONS Program First Year Allocation Public Rights of Way and $ 173,000.00 Sidewalk Operations - Personnel and Equipment for All Benefit Zones District Identity and $ 14,000.00 Strectscaa Im' rovements Administrative/Corporate $ 41,000.00 Operations Contingency/Reserve Total Estimated First Year Costs of Pragrums % of Total Budget 72% $ 12,722.01 $ 240, 722. 01 6% 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 be used as the basis for special benefits assessments due to the introduction of Proposition 13 into the state constitution in 1978. '!'here arc 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. nee assessments for the Downtown National City PBiD are based upon these variables, which have been endorsed by the property owners as the most fair and equitable for apportionment of assessments to participating parcels. Linear frontage will be assessed on all sides of the parcel receiving benefit. PBID assessments would be collected annually by the San Diego County tax assessor and would appear as a line item on the annual property tax bills. The assessments are collected by the County and transferred to the City of National City. They are then transferred directly to the Downtown National City PDID Management Corporation. The funds are then allocated consistent with the previously agreed upon programs in the Management District Plan. fAB,.F. 8- TOTAL CROSS Downown NATIONAL CITY PI3ID PROPER]' VARIABLES Prr erty Variables Lot Size _ Building Size Linear Feet Total in District 1,465,391 square feet 448,344 square feet 21,744 linear feet There are 153 parcels and 96 legal owners currently in the database of the ab' c tnrutioncd property variables. '[here :ire About 34 square blacks in the district. 13 Apportionment of Costs to Property Variables used in the Assessment Methodoluvy As is common practice, various property variables fund different special benefit services in the district. We have employed an assessment methodology that we believes supports the relationship between assessments paid and benefits received. The following programs and services must confer a special benefit to real property owners to he consistent with Article XIII (d) of the state constitution. ANNUAL BUDGET: The annual first year budget is anticipated to be $240,722.01. Benefit Zone 1 parcels will pay a premium due to increased services and increased benefits anticipated to be derived from the formation of the district. Building use will determine the annual building square footage costs, by Benefit Zone. The proposed building uses have been categorized as follows. Each parcel has been analyzed to determine proper category of use and therefore benefit: (Internal parking built into structure will he credited to overall budding size). TABLE.9 DEFINITION OF BUILDING/LAND USES: Building Use Code Description of Use A Ref ail _space, hotels, motels, visitor related B Office and Commercial uses, Independent, free standing parking structures C Industrial/Manufacturin istribution D institutional (School, public, park Church, Tax-exempt properties E Multi -unit housing, apartments (20 units or more) F Multi -unit housing, apartments (9 - 19 units) G Multi -unit housing, apartments (2 - 8 units) H Single Family housing units (not to exceed S240 per year) 1 Condo units, $ 240.00 flat fee per year The proposed apportionment of special benefits to the various property variables are as follows: TA111.F. 10 - APPORTIONMENT OF SERVICES'[O PROPERTY VARIABLES Pro rant to be Funded PROWSO: • Maintenance Personnel • Maintenance Personnel • Non -personnel, equipment Benefit Zone 1 (S 81,610) 2 ($50,890) 1, 2 ($ 40,500) Apportioned to Variable %: to all building square footage, '/: to all lot size in Benefit Zone 1 /2 to all building square footage, %: to all tot size in Benefit Zone 2 All linear frontage, apportioned equally in both Benefit Zones DISTRICT IDENTITY AND STREETSCAPE IMPROVEMENTS: • Special events (1 per year) • Logo creation • Web site creation/maintenance • Pedestrian kiosks/signage 1 ( S5,000) 1, 2 (51,000) 1, 2 ($ 4,000) 1, 2 ($ 4,000) ADMINISTRATION AND CORPORATE OPERATIONS 1, 2 (5 41,000) Building square footage "a" only Building square footage a - c Building square footage a - c Building square footage a - d Apportioned equally to all lot size in both zones CONTINGENCY/RESERVE 1, 2 ($ 12,722.01) Apportioned equally to all lot size in both zones The assessment methodology annual costs arc summed up in the following table: 15 TABLE I 1 -- ANNUAL COSTS PER SPECIAL BENEFIT SERVICE AND BENEFIT ZONE Benefit Zone Lot Square foot annual costs Building square foot annual costs Linear frontage annual costs Contribution to total budget 1 $0.0841 a. 50.1886 b. $0.1696 c. S0.1696 d. $0.1577 e. $0.1485 f. $0.1485 g. S0.1485 $1.8264 $146,095.30 Benefit Zone Lot Square foot annual costs Building square foot annual costs Linear frontage annual costs Contribution to total bud: et 2 _ Both 50.0757 a. $0.1697 b. $0.1697 c. $0.1697 d. 50.1578 e $0.1485 f. $0.1485 g. $0.1485 S1.8264 $94,626.71 Condos and Single family homes $ 240.00 per year per unit Approximately 5146,09530 (61%) of the assessments will be generated from parcels within Benefit Zone 1. The balance, S94,626.71 (39"/o) will be generated from Benefit Zone 2 parcels. CONDO FM -JOB: 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 S240.00 per year). Simultaneously, the property variables of that parcel, will be eliminated from the overall PB1D 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 has e been vomit acted and parcelized. Condos under construction shall pay $2.10. less a reduction until completed and parcelized. Ib TABLE 12 - DOWNTOWN NATIONAL CITY PBID FIRST YEAR COSTS BY PROPERTY VARIABLE PROPERTY VARIABLE I.ot Square Footage Building Square Footage (range) Linear Frontage Single Family Iiome and Condo Annual Fee Total Annual Budget ANNUAI. (COST BENEFIT ZONE 1 S 0.0841 per square foot per year S 0.1485-$0.1886 per square foot per year $1.8264 per linear fool per year $ 240.00 ANNUAL. COST BENEFIT 7.ONE 2 $0.0757 per square foot per year $0.1485-$0.1697 per square foot p_er year $1.8264 per linear foot pe year $240.00 1OTAL. GENERATED BY VARIABI.F. $118,053.09 (49%) S80,075.68 (33%) $39,713.24 (17%) S2,880.00 (1%) $240,722.01 TABLE 13 - AMOUNTS GENERATED BY DOWNTOWN NATIONAL CITY PBID Property Variable Parcel or Lot Sire Building Square Feet Linear Fronta Single Family Home and Condo Annual Fee Total Assessments, First Year - Both Zones Total Gross Variable, Roth Rene tt Zones 1,465,301 448,344 21,744 12 Amount Generated First Year $118,053.09 $80,075.68 $39,713.24 S2,880.00 $240,722.01 PART V RELEVANT ENABLING LEGISLATION, AB 1021 The relevant enabling PBID legislation, which allows the property owners of Downtoon 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 (;ray 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 PRIDs. The law became effective on January 1, 2002. The major change within the law is the establishment of an "Owner's Association." This Association will be a private, non-profit entity that will contract with the City to manage the PBID. It will be subject to the Brown Act (Ca. Government Code Sections 54950 et seq.) and the California Public Records Act (Cal Government Code Sections 6250 et seq.). However, the Association will not be considered as a public entity for any other purpose. Similarly, any board members or staff will not be considered public officials. Under the amended law, all property owners who do not pay assessments will he subject to penalties for delinquent payments. The amended statute also provides pro ,isions 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 he 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 arc 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 beeu raised that if the organizations were public entities for the Brown Act, could they also he 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 arc not considered public entities for any California law except the Ralph M. Brown Act and the Public Records Act. Proposition 218 (Article X111 D of the state.contitution) states in Section 4 (a): "No assessment shall be imposed on any parcel which etceeds the reasonable cost of [ire proportional benefit conferred on that pdre'el. Only special benefits are assessable, and an agency crust separate the general benefits from the special benefits conferred on a parcel." 18 1ORMATION: • District formation requires submittal of petitions from property owners representing at least 50% of the total assessment. The "Right to Vote on 'faxes Aet" (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 tbe 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, tbe 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 he repeated for the District to be re-established. 19 TIME LINT 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 wouki then appear on the property tax statements due in December 2004. In order to take advantage of this schedule, as well as to generate revenues in early 2005, the following time line has been adopted to ensure timely funding of special benefit programs: To work effectively, we must look at the completion date and work backwards: Date must be completed by July 201ti, 2004 June 8"' May I" -June 7`h April 3t- 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, most 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 he provided, duration of district, boundaries, benefit zones, assessment methodology, administration, etc. Initiate petition drive First rough draft Management District Plan submitted to PBID ,Steering Committee _ 20 PART VI ENGINEER'S REPORT, EXEMPTIONS, ANNUAL ASSESSMENT INCREASES AND THE DURATION OF THF. 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 Crry AN1RICA 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 slate law, the Downtown National City Property Business Improvement District will appear as a separate line item on the annual properly tax hills prepared by the San Diego County fax Assessor. Property tax bills are generally distributed id the Fall and payment is expected by lamp 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 Pi3ID 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 dish ict. 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 llnited States shall not be exempt from Assessments unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. D. Annual Assessment Adjustment: The PBID Management Corporation, will be granted the option of increasing the assessments annually based upon the Consumer Price Index of San Diego County or by a flat amount, not to exceed 5% per year. E. District Duration: Pursuant to State PBID Law, the Downtown National City PBID will have a curation of five years, commencing on January 1, 2005 and extending through December .31" 2009. This is the maximum period allowable for a new PBID under state legislation. Any continuation of the District after its five-year period will require compliance with all regulations and statutes in place at the time relative to the establishment of the new PBID. 22 PAlrr VII DISTRICT GOVERNANCE AND THE DOWNTOWN NATIONAL CITY P.B.I.D. MANAGEMENT CORPORATION A few rules and regulations should be considered by the Downtown National City PBID Management Corporation in the administration of the district. •:• Conflict oflnterest: Any stakeholder who serves on the administering corporation's Board of Directors shall recuse himself or herself from any vote in which a potential conflict of interest is apparent. Such potential conflicts include, but are not limited to, prioritizing capital improvement projects which result in special benefit to specific property owners, prioritization of services to benefit a particular owner or group of owners, hiring or selecting the relatives of Board members, etc. In addition, the Management Corporation shall aim to meet the following operational objectives for the district... Create and manage programs that best respond to the top priorities of district property owners; r • 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 10 access organizational structure; • Provide accountability and responsiveness to those who pay Through open access to Board meetings, elections to the Board and Board records. APPENDIX A MAP OF THE DISTRICT 74 APPENDIX B FIVE-YEAR PROJECTION OF TIIE ASSESSMENTS ASSUMING THE MAXIMUM ANNUAL INCREASE 25 Downtown National City P.B.I.D. FIVE YEAR PROJECTION OF ASSESSMENTS WITH 5% ANNUAL ADJUSTMENT P•o)ected Budget Fubl,c Rants o' :'lay and k Qoeral 2005 2006 5%1 2007 5964250 5% SS 536.63 2008 913 5'/% 510.613.46 2009 $210.282.58 Otstnc' iden:m; aic Slree:sca)e i•rxcverleris St4.30C oc $700.00 $14.700.CC ST35.00 515435.00 L 5''7t75 516,206 75 5610.34 517.017.09 Acm rnst•abn.e,::0'03 a:e Coeratcis $4',00003 S216603 643,35000 52.152.50 545.202.50I 52.266.12 647.462.63 S2.373.13 649,835.76 Corttngenc'Rssetve $12,722.0' S636.10 $13.358 11 6667.91 6'4,626.02 ' 5701.30 614,727.32 5736.37 515,463.68 Total S240,722.01 512,036.10 S252,758.11 612.637.91 5265,396.02 I 613.269.80 ' 5278.685.82 $13,933.29 S292,599.11 APPENDIX C LIST OF PARCELS INCLUDED IN THE DISTRICT 26 OPN Annua Assessment 555 030 01 00 $240 00 555 030 02 00 $427.32 555 030 03 00 $0 00 555 030 04 00 $0 00 555 030 05 00 $240.00 555 030 06 00 $0.00 555 03U 07 00 $240.00 555 030 08 00 $1,358 46 555 030 09 00 $278.41 555 030 10 00 $339.52 555 030 11 00 $270 50 555 030 12 00 $344 51 555 030 13 00 5282.92 555 030 14 00 $500 53 555 030 17 00 $1.089 50 55 030 20 00 $4,997 45 555 030 21 00 $3,644 29 555 030 22 00 $6,609 58 555 041 01 00 $878 28 555 041 02 00 5472 48 555 041 03 00 $3,616 36 555 041 04 00 $1,063.44 555 041 05 00 $570 74 555 041 06 00 $571.49 i55 041 07 00 $694.46 555 041 08 00 $511.82 555 041 09 00 $511 82 355 041 10 00 $1.206 28 555 042 10 00 $1,080 70 i55 042 15 00 $3,104 8? ,55 042 17 00 $3,458 95 55 042 18 00 $7.001 /i >55 (157 04 00 $69.1 46 355 052 05 00 $649 /5 555 052 06 00 S4 / 1 60 355 052 14 00 52. 153 40 NATIONAL PAKCELS TO APN 555 052 15 00 555 053 17 00 555 054 12 00 555 081 09 00 5550811000 555 081 14 00 555 08 t 1500 555 081 16 00 555 081 17 00 555 082 01 00 555 082 02 00 555 082 03 00 555 082 04 00 555 082 05 00 555 082 06 00 555 082 10 01) 555 082 11 00 555 083 21 00 555 083 22 00 555 083 23 00 555 083 24 OU 555 085 01 00 555 (185 02 00 555 (185 03 00 5550850400 555 085 05 00 555 085 06 00 555 085 07 00 555 113 04 00 555 1 13 05 00 55511.30800 555 113 11 00 555 113 12 00 555113 1300 555 1 14 01 00 555 114 0? 00 CITY PBID RE ASSESSED nuel Assessment $2,361.54 $22, 785.90 $6,377.83 $510.24 $267.23 $396 50 $216.138 $695.37 $1,992 94 $1,855.29 $244.19 $52 7.88 $399.68 $1,13/ 98 $960 23 $1.533 33 $4,09/ 40 $1,846 85 $5,094 43 $2,989.50 $5,751 78 $622.48 S240.00 $240.00 $464.11 $2,797.35 S187.37 84.25f1 90 $808.8 / S792. 76 $1,269 33 82,084 /8 $1,569 /2 $1.13305 $240 00 8240.00 APH 5551140300 5551140400 555 114 05 00 555 114 06 00 5551140700 5551141100 555 114 12 00 555 114 13 00 556 101 01 00 556 101 02 00 556101 1500 556 101 16 00 556 104 01 00 556 104 02 00 556 104 18 00 556 210 25 00 556 210 20 00 5562102700 556 212 01 00 556 212 02 00 5562120300 556 212 04 00 5567120500 556 212 06 00 5562120700 556 331 03 00 556 331 04 00 556 331 05 00 556 331 14 00 5563311500 556 331 20 00 556 331 21 00 556 331 22 00 556 331 23 00 556 331 24 00 556 :i:11 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 $2,2 76.33 $2.485.63 $240.00 $1,820.45 $1,662.72 $1.510 43 $1,077.40 $240.00 $240.00 $496 74 $27(i 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 S566 21 $71580 53.1:S3 35 APN 556 332 20 00 556 332 21 00 556 332 22 00 556 332 23 00 556 332 24 00 556 333 15 00 556 333 17 00 556 333 18 00 556 334 19 00 556 334 20 00 556 334 21 00 556 334 22 00 556 471 03 00 556 471 04 00 556 471 16 00 556 471 i'/ 00 5564712300 556 471 24 00 5564772300 556 472 24 00 5564722600 556 472 2 / 00 5.56 473 15 00 .56 473 16 011 556473 17011 5564/40100 556 4 /4 02 00 556 474 21 00 556 493 01 00 5564930400 556 493 05 00 556 55:1 01 00 556 553 02 00 556 553 03 00 556 55.i U4 00 556 553 05 00 Annual Assessment $1,764 62 $535.59 $375.86 $25:i.70 $1,409.83 $2,626.38 $4.907 21 $522.19 $2,101 81 $282 35 $410 30 $452.14 $2,233 31 $575.76 $1.585.34 $2,691.26 $4,830.57 S3,673.51 S2,019.79 $527.74 $3,056.70 $265.95 $1, 526.52 $792 /5 $962118 $1,61056 $739 54 $2.527 99 $1,290 96 $934 44 $240 00 $694 46 $357 75 $409 23 $61695 $1.592. /9 NATIONAL CITY PBID PARCELS T APN 556 553 09 00 556 553 12 00 556 553 13 00 556 554 16 00 556 554 17 00 556 554 18 00 5565541900 556 554 20 00 556 554 71 00 0 BE ASSESSED Annual Assessment $515.54 $567.57 $526.29 $4,415.42 $6,245.33 $1,195.18 $569.85 $1.205.03 $1,568.79 APN 4 Annual Assessment Edward Henning& Associates URBAN REVITALIZATION - FUNDING Downtown National City Property Business Improvement District CITY OF NATIONAL CITY - CALIFORNIA DISTRICT ASSESSMENT ENGINEER'S REPORT Prepared by Edward V. Denning, California Registered Professional Engineer # 26549 Edward Henning & Associates Phelan California June 1, 2004 13330 Butteme,e Rd - Phelan CA 9r371 • (760) 868 9963 • (fax) (760) 868-6490 • mred2Pearthlink.net ATTACHMENT NO. 3 Edward Henning& Associates URBAN REVITALIZATION • FUND1N(., DISTRICT ASSESSMENT ENGINEER'S REPORT To whom It May Concern: I hereby certify to the best of my professional knowledge and experience that each of the identified benefiting properties located within the proposed Downtown National City Properly Business Improvement District will receive a special benefit over and above the benefits conferred on the public at large and that the amount of the proposed assessment is proportional to, and no greater than the benefits conferred on each restive property. Prepare by Edward Y. Henning, California Registered Professional Engineer # 26549 RPE *26549 Edward V. lunc 1, 2004 Date (NOT VALID WITHOUT EMBOSSED CFR77FICA77ON SEAL AND SJGNA7i)RE HERE) Introduction This report shall serve as tbe "detailed engineer's report" required by Section 4(b) of Article XIIID of the California Constitution (Proposition 218) to support the benefit property assessments proposed to be levied within the Downtown National City Property Business improvement District (Downtown National City PBiD) in the City of National City, California being established for a five year period. The discussion and analysis contained within constitutes the required "owns" of rationale between assessment amounts levied and special benefits derived by properties within the Downtown National City PBID. NOTE 1: The terminology "identified benefiting parcel" or "property" is used throughout This report pursuant to SB 919 - "Proposition 218 thnmbuts Implementation Ad" which clarified portions of Prop 218. 11 provides the Engineer and District Consultant with the ability to achially identify individual parcels which will benefit directly either in whole or in part from Ihc proposed District funded inogiams and emprovcnxnts and does not imply that all parcels deceive assessable benefits 13330 Buttemerr Rd • Phelan CA 92371 • (76o) 868-y963 • (fax) (76o) 868 6490 • nired2@eart)dink.net Edward I lenning & Associates URBAN REVITALIZATION • FUNDING Backrroond The Downtown National City PBID is a property -based benefit assessment type district being established Pursuant to Section 36600 et seq. of the California Streets and Highways Code, also known as the Property and Business improvement District Law of 1994 (the 'Act"). Due 10 the benefit assessment nature of assessments levied within a PBID, district program costs are to be distributed turongst all identified benefiting properties based on the proportional amount of program benefit each property is expected to derive horn the assessments collected. Within the Act, frequent references are made to the concept of relative "benefit" received from PBID programs and activities versus amount of assessment paid_ Only those properties expected to derive special benefits frorn PBID funded programs and activities may be assessed and only in an amount proportional to the relative benefits expected to be received. The method used to determine benefits derived by each identified property within a PBID begins with the selection of a suitable and tangible basic benefit unit For property related services, such as those proposed in the Downtown National City PBID, the benefit unit may be measured nr linear feet of street frontage or parcel site in square feet or building size in square fax or number of building Boors or prornarity to major corridors in average linear feet, or any combination of these factors. Quantity takeoffs for each parcel are then measured or otherwise ascertained. From these figures, the amount of benefit units to be assigned to each property can be calculated. Special circumstances arch as unique geography, land nses, development constraints etc. are carefully reviewed relativesto specific programs and improvements to be funded by the PBID in order t0 determine any levels of diminished benefit which may apply on a parcel by parcel or categorical basis. i3ased 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 casts; including incidental costs, district administration, ancillary program, and volunteer and compel resourcz and material credits are estimated. 1t is noted, as stipulated in Proposition 218, and now nxluired 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 cross basis to produce a Trey" cost fig►ue. In addition, Proportion 2I R no longer exempts govermnen owned properly from paying benefit assessments and these properties roust be factored into the assessment roll if special benefit is determined to he conferred upon arch properties 2 1333o Buttcme're lid • Phelan CA 92371 . (760) 868-9963 • (fax) (760) 868-6490 • mrel2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING From this, the value of a basic benefit unit or "basic net unit cost" can be compoted by dividing the total amount of estimated net program costs by the total nwnber of benefit units. The amount of assessment for each parcel can be computed at this time by multiplying the Net Unit Cost limes the number of Basic Benefit Units per parcel. This is known as "spreading the assessment" or the "assessment spread" in that all costs arc allocated proportionally or "spread" amongst all properties within the PBID. The method and basis of spreading program caws varies from one PBID to another based on local geographic conditions, types of program and activities proposal, and sine and development complexity of the district. PR1Ds may require secondary benefit zones to be identified to allow for a tiered agent formula for variable or "stepped -down" benefits derived Supplemental Proposition 218 Procedures and Requirements Proposition 21 R, approved by the voters of California in November of 1996, adds a supplemental array of procedures and requirements to be carried out prior to levying a property -based assessment like the Downtown National City PBID. These regniremcnls are in addition to requirements imposed by State and local assessment enabling laws. These requirements were "chaptered" into law as Article ?GRID of the California Constitution and then further clarified by the Proposition 218 Omnibus Legislation in 1997 chaptered in section 53750 et seq of tihe California Government Code. Since Prop 218 provisions will affect all subsequent calculations to be made in laying out the final property assessment roll for the Downtown National City PBID, Prop 218 requirements will be taken into account first. The key provisions of Prop 218 along with a description of how the Downtown National City PBID complies with each of these provisions is delineated below. (Note: All section references below pertain to Article XII1 of the California Constitution): Fiodint 1. From Section 4(a): "Identify all parcels which will bave a special benefit conferred mum them and upon whicb an assessrnent will be imposed" There arc 153 "identified" individual parcels within the Downtown National City PBID whicb will all derive some level of spexial beuefit from the proposal District programs and activities. These parcels are shown on the Boundary Map within the Management District Man and are listed as an attachment to the I'lan - identified by assessor parcel number and site address. Two benefit zones have born identified within [he District which generatly includes all properties along and surrounding the National City Boulevard corridor hum 2"'1 to 12'" and the 8'" Street corridor from the freeway 10 A Avenue 13330 Buttcmere Rd - Phelan CA 92371 • (760) 868-9963 • (fax) (760) 868-6490 • mred2peanlelink.net Edward I Terming & Associates URBAN REVITALIZATION • FUNDING Finding 2. From Section 4(a): "Separate the general benefits from the special benefits conferred on parcei(s). Only special benefits are assessabk. " 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 fiuxicd Through assessments arc those attributed to special property related benefits. Thus, a portion of the program costs must be considered attributable to general benefits and assigned a value. Conventional assessment engineering experience has found that general benefits within a given district typically average 10.,'. of the total adjusted costs with a S% deviation. (Total adjusted costs include actual proposed PBID program costs plus any additional supplemental or matching program costs as well as applied credits from sources such as start up grants, Board/Committee member service credits and specialized assessment reductions/adjustments.) Thera are three common methods for determining general and special benefit ratios within assessment districts: (1) The parcel by parcel allocation method (2) The program/activity line item allocation method. and (3) The composite district overlay determinant method. The vast majority of P131Ds in California have used Method 43, the composite district overlay determinant method which will be used for the Downtown National City P13LD. Using empirical data from other P13IDs, a focused range for general benefits from 5-15°/, is used. Based on a composite of district criteria such as the shape of the Downtown National City PBID, the existence of two benefit zones, a three-four element assessment formula, the proximity all of district properties to the applicable program benefit zones, and the nature of the proposed programs and activities, a specify "overlay' value of S% is assigned to the general benefit portion of the total adjusted costs. This leaves a value of 95% assigned to special benefit related costs. Since the total program cost is estimated at $265,572.01 (sce Table 1 later in this Report), the nmunmm special benefit portion which can be recouped through property assessments, is 8252,293.41. Remaining costs which are attributed to genezal benefits, will need 10 be derived from other sources. (e.g. public/private matching grants, startup grants, startup voturdcer credits or ongoing board member volnmteer credits) 4 1333o Buttcwere Rd • Phelan CA 92 371 • (760) 8b8-9963 • (fax) (76o) 868 6490 • mred2f>>carthlirek.uel Edward Henning& Associates URBAN REVITALIZATION • FUNDING Eluding 3, From Section 4(2): "(Determine) the proportionate special benefit derived by each parcel is relationship to the entirety of tbe.....__.cost of public i aprovcment(s) or the maintenance and operation cxpenses....._....or the cost of the property related service being provided. The proportionate special benefit cost for each parcel is Bsted is an attachment to the Management District Place. 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. Front Sedioa 4(a): "No assessment . _.. shop exceed the reasonable cost of the proportional special benefit conferred on parrcl(s)." Not ooty are Ibc proposed program costs reasonable due to the benefit of group pwchasing 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 PBII) Formation Committee. Finding 5_ From Section 4(a): "Parcels. -.....that are owned or used by any (public) agency shall not be exempt from assessment." Parcels within the District that arc owned by public agencies (i c. City of National City, the C.onununity Development Commission, Southwestern College etc) will also be assessed and al 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 wvokl be similar for either public or privately owned parcels, with or without improvements. lust as the costs and effects of blight are shared by both public and private properties, so are the rewards of clean and safe as well as district promotions and marketing programs. Since these is m compelling finding or evidence that sac* properties rvwld receive less direct benefit from the p oposed PBID programs and services than surrounding private parcels, the same assessment rates would be levied Fradiat 6. Preen Section 4(b): "All assessments must be supported by a detailed engineer's report prepared by a registered professional engineer certified by the State of California". This repots shall serve as the "detailed engineer:s report" 1u support the benefit properly asse.ssmuis proposed to be levied within the Downtown National City PBID. s t3330 Buttemere lit) • Pl.elart CA 92371 - (76t)) -9963 • (fax) (76o) 868-6490 • cored<@)earthlink.nct Edward Henning& Associates URBAN REVTTALIZATDUN • FUNDING Finding 7. From Section 4(c): "The amount of the proposed assessment for each parcel shall be calculated (along with) the total amount thereof chargeable to the entire district, the duration of such payments, the reason for such assessment and the basis epos wbieb tbe unmeant of the proposed assessment was calculated." The individual and total parcel assessments attributable to spatial property benefits are shown on an attachmrnt to the Management District Plan The district and resultant assessment payments will continue for fnt years and may be renewed again at that time. The reasons (purposes) for Ibe proposed assessments are outlined in the Managerent District Plan. The calculation basis of Use proposed assessment for the PBID is attributed in part to the specific amount of property size, building size and street frontage. Special Benefit and Assessment Analysis Sten 1. Select "Basle Benefit llnit(s)" PBID asscssment foumolas typically are basal on tither property street frontage or parcel and building size or location, all which can affect the amount of benefit conferred on a particnlar parcel and the proportionate assessment to be paid. The formula may base assessments ou a single factor or a combination of factors. Based on the nature of the program activities to be funded by the Downtown National City 1'I311), which Mate to the proportionate amount of real estate (i.e land) held in ownership, development intensity (ie. building area) and property stnxx frontage as well as land use, it has been determined that tbe assessments for the PBID will be based proportionately on a combination of parcel size, building see, land use and street frontage In addition a flat rate will be applied to angle fanuly residential (SFR) and residential oordo 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 - timber refined by land use) and linear feet of property frontage (Basic Benefit "C" Units). Based on the shape of tlic 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 used on the respective amount of parcel size, building size, land use and street frontage. Step 2. Quantify Total Basin Reufrt Units Taking into account all identified benefiting properties, there are 1,465,301 square feet ofasscssablc parcel land area within the District, 448,344 square hest of assessable building area acid 21,744 linear fat of property street frontage. In addition, !hue are 12 assessable single fanulylcondo ants. Since the selected Basic Benefit Unit is based on a i3:33o Buttemere Rd • Phelan CA 92371 • (760) 868-6963 • (fax) (760) 868 64go • mred2@earthlink.net Edward Henning & Associates URBAN RSVTTA1.17ATION • FUNDINt combination of parcel area, building area and street frontage, there are, in tarn, conesponding amounts of Basic Benefit Units in the P13ID as sbown in Step 7 herein. The target weighted revenues from each formula cotupooent 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 Zooe were 60'/. for Zone 1 and 40% for Zone 2. The final adjusted weights arc 61% for Zone 1 and 39% for Zone 2. Step 3, Calculate Benefit Usk, for racb Property - The number of Benefit Units for each identified benefiting parcel within the Downtown National (:ity PSID was competed from data extracted from City of National City, San Dicgo County and third party real estate data services property and land use records. These data sauces delineate current land uses, Property areas and dimensions of record for each tax parcel and are listed as an attachment to the Management District Plan. While it is understood that this data does not represent legal field survey measurements or daaikd title sean:b of recorded land subdivision maps or building records, it does provide an acceptable bass 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 P13ID for their review. All known or reported discrepancies or ernxs have been corrected Step 4., Deiermise Assessment Formula For a District with a single Basic Benefit Unit with one Benefit Zone, the assessment formula would be the wine for each identified benefiting property as follows: Number of Basic Benefit Units x Basic Unit Cost -- P131D Assessment The Downtown National City PBID assessment is to be based on three Basic Benefit Unit factors, land square footage (Basic Benefit "A" Units), budding area (Basic Benefit "B" Units) and linear feet of property frontage (Basic Benefit "C" Units). It has boen deterrniocd that the assessment should be based partially on parcel size, building size and street frontage as follows: Zone I • Assessment - t(No. of Benefit "A-1"Units x Basic "A-1" Unit Cosi)] + I(No. of Benefit 'B-1" Units x Basic "13- I" Unit Cost)] + l(No of Benefit "C-I" Units x Basic "C-I" Unit Cost)1 Zone 2- Assessment - l(No of Benefit "A-21Uruts x Basic "A-2' tlml Co.*)I [(No. of Benefit "13-2" Units x Basic "B-2" Unit ('osl)I I(No. of Benefit "C-2" Units x Baste "C-2' Unit ('on)I 7 1333u Buttemerr Rd • Phelan CA 97371 • (76o) 868-9963 • (fax) (760) 868 6490 • ntrrd2near tblink .net eine Edward Henning& Associates URBAN REVITALIZATION • FUNDING Note A: Benefit —B" Unit Costs vary based on land use as shown in 'fable 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 propo ed program and activity costs are shown below in Table 1. The costs include expenses for general as well as special benefits and related programs/activities. TABLE 1 Estimated Total Year 1 Program & Activity Costs (Speciat+General Benefits) i Program/Activity ` Year 1 Public Rights of Way & Sidewalk Operations I S 173,000.00 65.14% —1 1 District Identity/Streetscape Improvements 1 314,000.00 5.27% 4 S41 000.00 15.44% S12,722.01 4.79% Administration/Corporate Operations Contingency/Reserve Misc Costs (Credits) Total S24,850.00 S265,572.01 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 5265,572.01 (see Table I above). General benefits are factored at 5% of total (.see Finding 2 Olt 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 113,278.60 with a rmatItaerl 95% special benefit limit Computed at 5252,293.41. This is the maximum amount of revenue that can be Aenved. from property assessments from the subject PBID. The total amount of revenue proposed to be derived born P131D assessments is 5240,722.01 for Year 1, which is less than the special benefit limit of 5252,293.41. Therefore, no Prop 218 adjustments need to be made to the proposed assessment formula. All program costs associated with general benefits will be derived learn sources or credits other than Pf31D assessments as shown below in Table 2 8 t3339 Iluttemerc Rd • Phelan CA 92371 • (76o) 868-9963 - (fax) (760) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING TABLE 2 Total Militated Year 1 Revenue (For Special + General Beata Trotrams/Activities) Funding Source I Subtotal Revenue ( 9ta ' - I j PBIDAssessments i S240,722.01 { 90.64% 7 P8iD Formation Pro -rated Credit/Year (S35.000 base) $7,000.00 2.64% i MUD Formation Pro -Rated Volunteer Credit/Year (50% base) 53,500.00 I1.32% j Annual Board/Volunteer Credit (35%base Admin) I $14 350.00 i � 5.40% i _TOTAL ADJUSTED REVENUE ( $265.572.01 i 100.00% 1 Step 7. Calculate "Basic Unit Cost" (Special Benefits Only) With a Year I budget of $240,72001 (special benefit only), the Basic Unit Costs ("A", "13" and "C") from the Management Plan are: TABLE 3 Basic Unit Land Use Description Benefit Zone 1 Benefit Zone 2 "A" Cast All except SFR and condos $0.0841/sf S0.0757/sf "B-a" Cost R , bole's, motes, visitor $0. I886/4 50. I697/sf "B-b" Cosi OStce, commercial, pkg stoic. 50.1696/si $0 1697/sf "B-c" Cost .. .-, •' • manufacturing $0.1696/sf S0.1697/sf _ — "B-d" Cost Institutional, government etc $0.1577/s# $0.1578/sf "B-e" Cosi Residential 204 units $0.1485/sf $0.1485/sf "B-r Cost Residential 9-19 units $0.1485/sf S0.I485/sf _B-g" Cost Residential 2-8 units 50.1485/sf $0.1485/sf _ _- "B-b" Cost Singk family residential 5240 flat rate _ 5240 flat rate _ "B-i" Cod Residential Condo 5240 flat rate _ _ 5240 flat rate "C" Cost All except SFR and condos $1 X264/LF $1 21264/LF ^ Since the PBID is planned for a five year term, maximum xaessments for future years (Yeats 2 through 5) must be set at the inception of the 1'B0D. A maximum annual flat rate increase of 5% may be imposed each year subject to approval by the I'BLD Board 9 13330 Butteuterr Rd • Phelan CA 92371 • (760) 868-9963 • (tax) (760) 868 6490 • mred2eeartttlint:.uut Edward I terming & Associates URBAN REVITALIZATION • FUNDING • Step 8. Spread the Assessments The resultant assessment spread cakvlaions for each parcel within the MID are shown in an attachment to the 1)istrid Management Plan and were determined by applying the District assessment formula to each identified benefiting property. This list of all identified benefiting parcels in the PBID delineates each parcel and benefit units for property street frontage and parcel area 10 13330 Buttemere Rd • Phelan CA g2371 • (760) 868•04463 • (fax) (760) 868-64go • mred2 ,r caiihlink.net Edward Henning & Associates URBAN REV1TALJ7.AT1 ON • V1 U NDI N(. EDWARD HENNIING & ASSOCIATES Edward penning and Associates is s mnIti-disciplinika �niting fum offering a diverse range of cmuMmity development and funding services focusing ng on downtown business districts and the mmigoe problems and opportunities associated with center city areas. Types of services provided • Business Improvement District (BID & PBID) Formations, Modifications, Expansions, Updates • Prop 218 Assessment Eagiaeaing Analyses and Reports (Licensed Engineer) • Downtown Revitalization Pbos/Redeveloyment Planning and Implementation • Establish/Administer/Field Supervision for Rehabilitation Programs and Projects • Architectural Design Guidelines/ Sign Or inane Partial list of agencies and charts represented • Town of Apple Valley • City of Berkeley • City of Buena Park • City of Culver City • City of J luntingtoo Park • City of Huntington Beach • City of Los Angeles - Gateway to LAX - Historic Downtown Core - Hollywood District - Melrose/Fairfax Larchmont - Los Fcliz - San Fernando Valley (6 areas) - San Vicente - Wilshire Center • City of Monterey Pack • City of Napa • City of Newport Beach • City of Ontario (Downtown) • City of Oxnard • City of Pasadena • Plaacr 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 BIvd.1 BID Formation (Auto Row District) PBID Formation & Renewal (Prop 218 Compliance) PBID Formation (Prop 218 Compliance) PBID Formation (Prop 218 Compliance) PBID Formation (Prop 218 Compliance) PBID Formation & Renewal RID Formation PBID Formation (Prop 218 Compliance) Private Seam 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 lmptovcrnent District cm) PBID Formation (Downtown) PBID Formation (Prop 218 Compliance) BID Formation (Downtown) Citywide Tourist Improvement Distract Evaluation (TID) BID Modification (Uptown) PBID Fonnation & Renewal(Uptown) 1I 1333o Buttemere Rd • Phelan CA 92371 • (740) 868-9963 • (fax) (76o) 868-6490 • mned2@earthlink.net FETING DATE June 17. 2008 City of National City, California COUNCIL AGENDA STATEMENT 13 AGENDA ITEM NO. ITEM TITLE Resolution authorizing the purchase of a Mobile Command Vehicle for the Police Department, for a total of $334,352.42 (SLESF grant funds, JAG grant funds and Asset Forfeiture funds). PREPARED BY Brenda E. Hodges, C P 'PEPARTMENT Purchasing Dept. EXPLANATION See attached EXT. x4570 1 CEnvironmental Review (-Financial Statement Funds are available N/A >STAFF RECOMMENDATION In concurrence with the Police Chief, the Purchasing Agent recommends piggybacking the State's GSA contract with Lynch Diversified Vehicles (LDV). and authorizing the issuance of a purchase order. MIS Approval Approved By. I Finance Director See 'explanation' Account No. BOARD / COMMISSION RECOMMENDATION not applicable ATTACHMENTS ( Listed Below) Resolution No. L. Explanation Resolution A•?Dicke, //03) EXPLANATION On June 5, 2007, the City Council approved Resolution 2007-118 and Resolution #2007-119 for the purchase of a Mobile Command Vehicle using $50,479 FY07 JAG grant funds, $123,666 FY06/07 SLEFS grant funds (which has now accrued an additional $4,333.49 in interest for a total of $127,999.49), and Police Department Asset Forfeiture funds. The Mobile Command Center can serve as a staging area for critical incidents, major crime scenes, SWAT incidents, major traffic incidents; as a mobile substation when police presence is necessary; as an emergency command center in the event of a disaster; and to help facilitate recovery after a major disaster. This vehicle will replace the converted 1983 Bluebird bus that is currently being used. There is no standard for a vehicle of this type, since they are custom built to the agency's specifications and requirements. Although there are several companies that build these vehicles, they vary in size, and some are simply motor home and/or bus conversions. The State of California awarded a GSA contract to Lynch Diversified Vehicles (LDV) for Mobile Command Vehicle model #MCC261503-07, which the City can piggyback. By contract, LDV cannot sell their vehicles for less than the GSA contract price. There are two purchase options: both offer the same GSA price for the vehicle, but involve different purchasing/payment methods. It is recommended that we purchase via option #2: Option #1: Purchasing through the State's GSA 1122 program would require advance application to the State and their approval to participate. The State would place the order with LDV on our behalf. The City would be required to pay the State for the vehicle at the time of order placement. The State would pay LDV upon completion of the vehicle. Disadvantage: Production time on this vehicle is approximately 8 months. The State would earn interest on our money for 8 months. Option #2: Purchasing through the GSA's National Defense Authorization Act. This program is available to agencies whose mission includes the need to facilitate recovery from a major disaster, terrorism, or nuclear/ biological/ chemical attack; to enforce anti -drug laws and other counter - drug activities; and who are pre -positioning in anticipation of a disaster. Purchasing under this Act will simply involve placing the order direct with LDV based on GSA pricing. Advantage: payment isn't due until the vehicle is received, which means we continue to earn interest on the money for the 8 month production time. This is the recommended purchasing method. In addition to the contract pricing available to us, there are other advantages to buying the vehicle from LDV: they have been building Mobile Command Vehicles since 1977; regular maintenance and warranty work can be performed within San Diego County; they can send technicians to the City as needed; the Cummins diesel engine is recommended for dependability and durability; the LDV vehicle has a projected service life of 30 years; it is built on a heavy commercial frame with the corresponding heavy suspension. This self-contained unit will include the following: o Conference area with a table and seating; telecommunications equipment; telephone lines; computer connections; map storage. o Kitchen area with appliances, sink and water supply. Communications area with equipment storage; and connections for recording equipment; cell phones; office machines; radio equipment. Restroom facilities Power Center with generators to power all the equipment, and provide for lighting, heating and air conditioning. Observation platform with railing which holds the satellite dish and antennas. o Retractable waterproof awnings for expanded work space. The commercial price for this vehicle is $364,894.31. GSA contract pricing is $341,175.94 (both prices include tax/delivery). However, as per the GSA contract, the City can deduct an additional 2% ($6,823.52) if we pay the invoice within 10 days of receipt of the vehicle. Total cost after the discount will be $334,352.42. Accounting Details: 208-411-607-511 $127,999.49 SLESF grant 290-411-504-511 $ 50,479.00 JAG Grant 131-411-000-511 $155,873.93 Asset forfeiture funds $334,352.42 It is requested that the City Council waive the formal bidding requirements as allowed in Section 12 of Purchasing Ordinance #1480, and Chapter 2.60.220(d) and 2.60.260 of the Municipal Code, and authorize the Purchasing Agent to piggyback the State of California's GSA contract with Lynch Diversified Vehicles (LDV) for this purchase. RESOLUTION NO. 2008 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING OF THE BIDDING PROCEDURE AND AUTHORIZING THE PURCHASE OF A MOBILE COMMAND VEHICLE FOR THE POLICE DEPARTMENT FOR THE TOTAL AMOUNT OF $334,352 42 THROUGH A COOPERATIVE PURCHASE WITH THE STATE OF CALIFORNIA WHEREAS, on June 5, 2007, the City Council approved Resolution Nos. 2007- 118 and 2007-119 for the purchase of a Mobile Command Vehicle for the Police Department utilizing $50,479 from the 2007 Edward Byrne Memorial Justice Assistance Grant (JAG), Supplemental Law Enforcement Services Funds (SLESF) in the current amount of $127,999.49, and Police Department Asset Forfeiture funds; and WHEREAS, the State of California awarded a GSA contact to Lynch Diversified Vehicles for Mobile Command Vehicle model number MCC261503-07, which the City can piggyback, thereby getting the best purchase price; and WHEREAS, Section 2.60.260 of the National City Municipal Code provides that the Purchasing Agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the Purchasing Agent to be in substantial compliance with the City's procurement procedures, and the Purchasing Agent has made such a determination in this case. It is therefore recommended that the purchase be made without complying with the competitive bidding procedure set forth in the Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby affirms the Purchasing Agent's determination that the State of California's procurement procedures are in substantial compliance with the City's, and pursuant to Section 2.60.260 of the Municipal Code authorizes the waiver of the bidding process for the purchase of a Mobile Command Vehicle for the Police Department in the total amount of $334,352.24 BE IT FURTHER RESOLVED by the City Council of the City of National City that the Purchasing Agent is hereby authorized to execute on behalf of the City, a Purchase Order between Lynch Diversified Vehicles and the City of National City to effect this purchase, PASSED and ADOPTED this 17th day of June, 2008. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT ...EETING DATE June 17, 2008 AGENDA ITEM NO. 14 (-ITEM TITLE PREPARED BY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY. NOVEMBER 4. 2008. FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. Michael R. Della DEPARTMENT Coy. Clerk EXPLANATION The proposed Resolution would call and give notice of a General Municipal Election to be held on November 4, 2008, for the purpose of electing Iwo (2) members of the City Council for a full term of four (4) years, a City Treasurer for a full term of four (4) years and a City Clerk for a full term of four (4) years. EXT. CEnvironmental Review N/A XX MIS Approval Financial Statement Sufficient funds are available to place the measure on the ballot. >STAFF RECOMMENDATION Adopt the Resolution. Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION! ATTACHMENTS ( Listed Below) Resolution No. Proposed Resolution A•200(Rev 7103) RESOLUTION NO. 2008 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES WHEREAS, under the provisions of the laws relating to General Law cities in the State of California, a General Municipal Election shall be held on November 4, 2008, for the election of municipal officers. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law cities, there is called and ordered to be held in the City of National City, California, on Tuesday, November 4, 2008, a General Municipal Election for the purpose of electing two (2) members of the City Council for a full term of four (4) years each, a City Treasurer for a full term of four (4) years, and a City Clerk for a full term of four (4) years. SECTION 2. That the ballots to be used at the election shall be in form and content as required by law. SECTION 3. That the City Clerk is authorized to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 4. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. That notice of the time and place of holding the election is hereby given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 7. That the City Clerk shall certify to the passage and adoption of the Resolution and enter it into the book of original Resolutions of the City. PASSED and ADOPTED this 17th day of June, 2008. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, III, City Attorney City of National City, California COUNCIL AGENDA STATEMENT EETING DATE June 17, 2008 AGENDA ITEM NO. 15 ITEM TITLE PREPARED BY EXPLANATION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2008, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE ELECTION CODE. Michael R. Dalla DEPARTMENT City Clerk Section 10403 of the California Elections Code authorizes the City to place an election ballot on the same ballot as that provided for a statewide election, and to consolidate a general municipal election with a statewide election, upon the filing with the County Board of Supervisors of a resolution of the City Council requesting the consolidation. The proposed resolution would satisfy the requirements of Section 10403. Environmental Review XX N/A Financial Statement Approved By: Sufficient funds are available to place the measure on the ballot. Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS f Listed Below 1 Resolution No. Proposed Resolution A:'on q_p� RESOLUTION NO. 2008 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2008, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE WHEREAS, the City Council of the City of National City called a General Municipal Election to be held on November 4, 2008, for the purpose of the election of two (2) members of the City Council for a full term of four (4) years each, a City Treasurer for a full term of four (4) years, and a City Clerk for a full term of four (4) years; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the statewide general election to he held on the same date and that within the City the precincts, polling places and election officers for the two elections be the same, and that the Registrar of Voters of the County of San Diego canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DOES RESOLVE AS FOLLOWS: SECTION 1. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of San Diego is hereby requested to consent and agree to the consolidation of a General Municipal Election with the statewide general election on Tuesday, November 4, 2008, for the purpose of the election of two (2) members of the City Council for a full term of four (4) years each, a City Treasurer for a full term of four (4) years, and a City Clerk for a full term of four (4) years. SECTION 2. That the Registrar of Voters is authorized to canvass the returns of the General Municipal Election The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 3. That the Board of Supervisors is requested to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the consolidated election. SECTION 4. That the City of National City recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs. SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voters of the County of San Diego, and enter it into the book of original Resolutions of the City. --- Signature Page to Follow --- Resolution No. 2008 — June 17, 2008 Page 2 PASSED and ADOPTED this 17th day of June, 2008. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FROM: George H. Eiser, III City Attorney Ron Morrison, Mayor City of National City, California COUNCIL AGENDA STATEMENT EETING DATE June 17, 2008 AGENDA ITEM NO. 16 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008 PREPARED BY Michael R. Dalla }� EXPLANATION DEPARTMENT City Clerk We are required by law to adopt regulations for candidates' Statements of Qualifications prior to each Municipal Election. CEnvironmental Review XX N/A Financial Statement N/A Approved By: F trance Detector Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below Proposed Resolution Resolution No. A :410 01 0.11 RESOLUTION NO. 2008 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008 WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election. including costs of the candidates' statements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DOES RESOLVE AS FOLLOWS: Section 1. GENERAL PROVISIONS. That pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an election to be held in the City of National City, California on Tuesday, November 4, 2008, may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the Office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 6:00 p.m. of the next working day after the close of the nomination period. Section 2. FOREIGN LANGUAGE POLICY a. Pursuant to state law, the candidates' statement must be translated and printed in Spanish: b. Pursuant to the Voting Rights Act of 1965 (as amended) and the Memorandum of Agreement between the County of San Diego and the United States Department of Justice dated June 23, 2004, the City is required to translate candidates' statements into the following languages in addition to English: Spanish, Tagalog and Vietnamese. c. The City Clerk shall have all candidates' statements translated into the language specified in (b) above. Section 3. PAYMENT. The candidate shall be required to pay for the cost of printing the candidate's statement in a foreign language. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidates' statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro-rata share as a condition of having his or her statement included in the voter's pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro-rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk may require the candidate to Resolution No. 2008 — June 17, 2008 Page 2 pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall pro -rate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. Section 4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. Section 5. COPY OF RESOLUTION. The City Clerk shall provide each candidate or the candidate's representative with a copy of this Resolution at the time nominating petitions are issued. Section 6. REPEAL OF PREVIOUS RESOLUTIONS. All previous resolutions establishing Council Policy on payment for candidates' statements are repealed. Section 7. APPLICABILITY. This Resolution shall apply only to the election to be held on November 4, 2008, and shall then be repealed. Section 8. CERTIFICATION BY CITY CLERK. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. PASSED and ADOPTED this 17th day of June, 2008. ATTEST: Ron Morrison, Mayor Michael R. Dalla, City Clerk APPROVED AS TO FROM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT ...FETING DATE June 17, 2008 17 AGENDA ITEM NO. (-ITEM TITLE Warrant Register # 4/ for the period of 05/14/08 through 05/20/08 in the Amount of $1,255,590.49 PREPARED BY D. Gallegos -Finance DEPARTMENT Finance EXT. Jeanette Ladrido EXPLANATION 619-336-1331 Per Government Section Code 37208, attached are the warrants issued for the period of 05/14/08 through 05/20/08, The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation Literacyworks 220785 50,000.00 State Library Svcs SDG&E 220878 63,004.01 Utilities Tristar 220887 53,592.37 Worker's Comp. Replenishment Various 856,695.86 PPE — 5/5/2008 Payroll i Environmental Review FinmiiJStatement Not applicable. NIA MIS Approval Approved B Finance Director Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $ 1,255,590.49 BOARD 1 COMMISSION RECOMMENDATION 1. Warrant Register%#47 ATTACHMENTS ( Listed Below ) L.. Resolution No. A•200 (Rev 7103) 1/4 'AYEE LANES 'ADILLA ;FIORE TOTAL OFFICE ,MAZON COM SAKER & TAYLOR SRODART :HILDREN'S PLUS INC :ITY OF NATIONAL CITY :ORPORATE EXPRESS )ATA MICROIMAGING COMPANY )EMCO INC. ;AYLORD BROS ;OLDEN RULE BINDERY 1ANSEN LIBRARY SALES IARPERCOLLINS PUBLISHERS VFORMATION PUBLICATIONS ASER SAVER INC ATIN AMERICAN BOOKS SOURCE EARNING EXPRESS. I I C IP ' Y VIDEO COMPANY AA .LLELY AEZA BARENO AIDWESI TAPE ATIONAL SCHOOL DISTRICT IEWSBANK INC IOLO PRESS -OCCIDENTAL )MNIGRAPHICS. INC IANDOM HOUSE. INC IECORDED BOOKS. LLC ;CHOLASTIC INC ;CHOLASTIC LIBRARY PUBLISHING ;TARTECH COMPUTERS HE BOOKSOURCE 'HE II W WII.SON CO HE SHOPPER. INC HOMSON GALE IS POSTMASTER VEST COAST AUDIONIDEO SRVCS VORLD BOOK SCHOOL AND LIBRARY , PARTY RENTALS ,BEYSEKERA ,HMOUR ,T & T MOBILITY SAKER & TAYLOR SE .R SRODART :ITY OF NATIONAL CITY WARRANT REGISTER tt 47 5/20/2008 DESCRIPTION REJECT DIRECT DEPOSIT/LIBRARY REFUND EMPLOYEE GARNISII/LIBRARY OFFICE ROTARY CHAIR/COUNCIL ADULT NON-FICTION BOOKS REFERENCE BOOKS ADUL1 & CHILDRENS BOOKS READING IS FUNDAMENTAL OUT OF STATE SALES TAX OFFICE SUPPLIES MICROFILM DUPLICATING SERVICE BOOK PROCCESING MATERIALS INFORMATION KIOSK. WALNUT BOOK BINDING 1 AROR & MATERIAI S ADULT FICTION READING IS FUNDAMENTAI BOOK CALIFORNIA CITIES TONER BOOKS IN SPANISH DATABASE SUBSCRIPTION RENEWAL DVDNIDEOS TO REIMBURSE MARY ALLELY BOOK - MELTING POTPOURRI DVDNIDEOS•PROCFSSING SUPPLIES READING IS FUNDAMENTAL ANNUAL SUBSCRIPTION RENEWAL REFERENCE BOOK REFERENCE BOOKS BOOKS ON TAPE AUDIO BOOKS BOOKS • READING IS FUNDAMENTAL GROILER ON-LINE KINGSTON MEMORY READING IS FUNDAMEN IAL REFERENCE BOOKS PROCESSING SUPPLIES REFERENCE BOOKS POSTAGE FOR OVERDUE NOTICES REPAIR/MAIN f tNANCE- AUDIO VISUAL REFERENCE BOOKS PARTY RENTALS (CHILI COOK -OFF) TRAVEL (AMERICORPS 1 STA. YR5) TRAVEI (AMERICORPS. CNCS. YR5) WOW CELL PHONE GIVEAWAY ROOKS TRAVEL (AMERICORPS LSTA. YR5) TRAVEL (AMFRICORPS CNCS, YR5) BOOKS FOR LITERACY SERVICES OUT OF STATE TAXES CHK NO DATE AMOUNT 220726 5/14/08 9563 220727 5/14/08 1 / 90 220728 5/14/08 267 01 720729 5/20/08 40 /0 220/30 5/20/08 570 22 220731 5/20/08 6.133 22 220732 5/20/08 720 20 220733 5/20/08 /1 52 220734 5/20/08 11918 220735 5/20/08 30 89 220736 5/20/08 344 06 220737 5/20/08 1.274 51 220738 5/20/08 308 56 220739 5/20/08 702 31 220740 5/20/08 133 74 220741 5/20/08 138 42 22074? 5/20/08 325 87 220743 5/20/08 399 36 220744 5/20/08 9.693 00 220745 5/20/08 1 984 44 220746 5/20/08 12 93 220/4/ 5/20/08 3263 220748 5/20/08 222 06 220749 5/20/08 21148 220750 5/20/08 3.750 00 220751 5/20/08 32 75 220752 5/20/08 55 85 220753 5/20/08 826 88 220754 5/20/08 875 66 220755 5/20/08 609 60 220756 5/20/08 2.31100 220757 5120/08 804 30 720758 5/20/08 21215 220759 5r20/08 177 00 220760 5/20/08 2.88105 220761 5/20/08 1.075 25 220762 5/70/08 420 00 220763 5/20/08 167 50 220764 5/20/08 9//66 220765 5/20/08 1.74 7 74 220766 5/20/08 2/313 220767 5/20/08 6616 220768 5/20/08 13263 220769 5/20/08 634 62 220770 5/20/08 528 00 220771 5/20/08 36 36 220772 5/20/08 396 84 220773 5/70/08 370 98 2/4 WARRANT RECISTER # 47 5/20/2008 DATE AYEE DESCRIPTION CHK NO AMOUNT OOPFR TRAVEL REIMB (AMER! CORP,YR5) 220774 5/20/08 415 62 OROOVA TRAVEL (AMERICORPS CNCS. YR5) 220775 5/20/08 27 58 ORPORATE EXPRESS MATERIALS/SUPPLIES(LI1 SVCS YR5) 220776 5/20/08 1 225 78 EANDA TRAVEL (AMERICORPS I STA YR5) 220777 5/70108 25 54 EMCO INC BOOK PROCCESING MATERIALS 220778 5l20/08 7 70 78 ISCOUN1 SCHOOL SUPPLY CRAFT MAIERIALS 220779 `/20/08 16809 MPI70 TRAVEL (AMERICORPS.CNCSILS I A YR5) 220780 5/20/OS 603 85 OLDSBOROUCH TRAVEL (AMERICORPS CNCS YR5) 22078E 5/20708 17 98 ANSFN LIBRARY SALES BOOK FOR CIRCULATION 220782 5/20r08 7.61000 YNES 1 RAV6 L (AMERICORPS CNCS. YR5) 220783 5/20/08 1 7 /8 =WELT TRAVEL (AMERICORPS CNCS. YR5) 220784 W5/20/08 5000 1 ERACYORKS STATE LIBRARY EXPERT SERVICES 220785 5/20/08 50 000 00 )7IER TRAVEL (AMERI CORPS CNCS YR5) 220786 5/70/08 22 73 JSARRE IA TRAVEL (AMERICORPS CNCS. YR5) 720787 5l20l08 8A 17 ARSIIALL TRAVEL (AMERICORPS LSTA.YRS) 220788 5/20/08 124 86 CCULLOUGH TRAVEL (AMFRICORPS CNCS YR5) 720789 5/20708 167 46 IOWEST TAPE DVDNIDEOS/PROCESSING SUPPLIES 220790 5/20/08 2.123 10 ATIONAL CITY TROPHY AWARDS FOR CIi1LLI COOK -OFF 220791 5/20/08 609 01 UNEZ TRAVEL (AMERICORPS LSTA. YRS) 220797 5/20/08 593 8P 'HARA TRAVEL (AMERICORPS. LSTA YR5) 220793 5/20/08 4.193 BATA EXPERT SERVICE (LIT SERVCS YR-5) 220794 5/20/08 15000 RIENTAL TRADING. CO , INC MATERIALS FOR LITERACY 220795 5/20108 2.269 06 AULISSEN TRAVEL REIMB FOR AMERICORP 720796 5/20/08 246 76 ONCE JIMFNEZ TRAVEL (AMERICORPS LSTA YR5) 220/97 S/70/08 610 00 UINTAL TRAVEL (AMERICORPS CNCS. YR5) 220798 5/20/08 126 05 ATH TRAVEL (AMERICORPS CNCS YR-5) 220799 5/20/08 33 33 :HMIDT TRAVEL (AMERICORPS CNCS. YR5) 220800 5/20/08 65 10 :HWARTZBERG TRAVEL (AMERICORPS LSTA/CNCS) 220801 5l20/08 76000 NAVSKY TRAVEL (AMERICORPS CNCS. YR5) 220802 5/70/08 123 22 DSA TRAVEL (AMERICORPS CNCS YR5) 220803 5/20/08 75 91 TALIONS TRAVEL (AMERICORPS CNCS. YR5) 220804 5/20/08 14 14 TERLING PUBLISHING CO . INC GIVE AWAY BOOKS 220805 5/20/08 2.000 87 IRATEGIC RESOURCE COMPANY/ AMERICORPS HEALTHCARE 220806 5/20/08 2.091 00 JTTER COUNTY LIBRARY REIMB (AMERICORPS CNCS.YRS) 220807 5/20/08 580 00 -IE PENWORTHY COMPANY BOOKS FOR THE WOW MOBILE 220808 5/20/08 813 81 DGEL 1 RAVEL (AMERICORPS CNCS. YR5) 220809 5/20/08 97 26 'ASIIINGTON TRAVEL (AMERICORPS CNCS YR5) 220810 5/20/08 332 79 'IDMAR TRAVEL (AMERICORPS CNCS YR5) 2208E 1 5/70/08 79 03 '71 DER TRAVEL (AMERICORPS CNCS. YR5) 220812 5120/08 89 79 'ILLIAMS TRAVEL (AMERICORPS. CNCS.YRS) 220813 5l20r0A 31 92 =BOX CORPORA I ION BASE CHARGES AND OVERAGES 220814 5/20/08 1.887 83 4NG TRAVEL (AMERICORPS CNCS. YR5) 220815 5l20/08 266 04 RGAS-WES I SAFE I Y GLASSES 220816 5/20/011 30 90 -LJIS ARJIS COSTS. JPA COSTS. ARJIS 220817 5/20/03 26 C' SYSTEMS WEST INC ARMORED TRUCK SVCS FEB'08 220818 5/20/08 2.051 i T&T/MCI PHONE XXX-6486 3/1-4/19/08 220819 5/20/08 21 40 7ST W(NDOW IINTING INC LABOR/MATERIALS FOR 7INTING 220820 5/70 08 1.088.00 2OADWAY AUTO ELECTRIC ELECTRICAL PARTS FOR VEHICLES 220821 5/20,08 592 62 'AYEE iSN SPORTS :AL [FORMA COMMERCIAL SECURITY ;ALIFORNIA ELECTRIC SUPPLY ;HOICEPOINT ;INGULAR WIRELESS ;INTAS DOCUMENT MANAGEMENT ;LAIMS MANAGEMENT ASSOCIATES ;MI INC ;ORPORATEEXPRFSS :OUNTY OF SAN DIEGO ;WEA >IXIELINE LUMBER CO )URRA INK 'LESCO J(PERIAN EDEX ERGUSON ENTERPRISES INC ;ISI ;ONZALE S ;F ER ;U. ..REZ WRRIS & ASSOCIATES IEARTIAND COMM FAC AUTHORII Y IOUSTON A TOWARD 11 WAYNE. JR IYDRO SCAPE PRODUCTS INC. VTERNATIONAL CODE COUNCIL INC & M CARPET SERVICE OHN DEERE LANDSCAPES :AY AUTOMOTIVE DIST ASER SAVER INC EXIS-NEXIS AAINTEX. INC AETRO FIRE EQUIPMENT AICHAL PIASECKI CONSULTING AONTGOMERY KONE. INC /SORE DIRECT AOTOROLA AUI TI BANK SERVICES LTD IATIONAL CITY AUTO TRIM IIXON EGLI EQUIPMENT CO >NE SOURCE DISTRIBUTORS )RIEN'IAL TRADING CO INC )RKIN PEST CONTROL ' O PARTS 'AL,, IC AUTO REPAIR 'RUDFNTIAL OVERALL SUPPLY 2CP BLOCK & BRICK INC WARRANT REGISTER # 47 5/20/2008 DESCRIPTION TENNIS NETS WITH CENTER STRAP PADLOCK. PIN 1UMBLER LIGHTING FIXTURES AUTO TRACK DATABASE • APR 2008 PD DATA CONNECTION 4/6 - 5/5/08 SHREDDING OF THE (3) 64 GAI LON CLAIM ADJUSTING SERVICES MOU I HPIECE 300/400 PAS MACHINES FOL DE RS. STAPLER PARKING PENALTY ASSESSMT/PD COLI FCTION SYS1 EM MAINTIPW BANQUET TABI FS L ET T ERHEADS/PURCHASING PREVENTATIVF MAINTENANCE SVC CREDIT CHECKS FOR NEW PD EMP CAFR COVERS SENT/FINANCE COPPER TUBES RFIMB TRAV EXP TRAINING/PD TRAVELREIMB BAI I AST CLAIM GUTIFRRF7 V N C CONCRETE IMPRVMNTS-FFB 2008 REAR COM REFUND PROPERTY OWNER LABOR FOR ENGINE 31 COUPLINGS RR ROTOR '07 CA COM TITLE 24 COMBO/BLDG CITYWIDE CARPET CLEANING HERBICIDES BRAKE FLUID. OIL FILTER INKJET & COMPATIBLE CHIP ONLINE CHARGE APR'08/ATTY 5% CI EAR AMMONIA GAL-4/CS ANNUAL FIRE EXTINGUISHER SVC CRYSTAL RFPORTS UPDATES REPAIRS/MAINTENANCE ELEVATORS HP PROCURVE GIGABIT SOFTWARE GOLDTRAK SUPPORT TRADE SETTLING CHARGES REPAIR/MAINTENANCE FOR CITY SWEEPER REPAIR PARTS ELECTRICAL MATERIALS TINY 1 OI S SUPPLIES PEST MAINTENANCE FOR BUILDINGS SIARIER SMOG CHECKS FOR CITY VEHICLES LAUNDRY SERVICE YARD MASONRY SAND J/ 4 CHK NO DATE AMOUNT 220822 5/20/08 726 73 220823 5/20/08 80610 220824 5/70/08 394 07 220875 5/20/08 100 00 220826 5/20/08 1.942 40 220827 5/20/08 72 95 220828 5/20/08 428 40 720829 5/20/08 180 30 220830 5/20/08 106.20 220831 5/20/08 .5 339 00 220832 5/20/08 71.00 220833 5/20/08 2,175 50 220834 5/20/08 60 00 220835 5/20/08 742 89 220836 5/20/08 25 48 220837 5/20/08 25 80 220838 5/20/08 436 01 220839 5/20/08 52 54 270840 5/20/03 213 42 220841 5/20/08 146 32 270842 5/20/08 500 00 220843 5/20/08 5,550.00 220844 5/20/08 30,806 21 220845 5/20/08 50 00 220846 5/20/08 615 00 220847 5/20/08 27 02 220848 5/20/08 780 79 220849 5/20/08 409 00 220850 5/20/08 48181 220851 5/20/08 158 49 220852 5/20/08 155 29 220853 5/20/08 378 40 770854 5/20/08 364 69 220855 5/20/08 145.00 220856 5/20/08 3.600 00 220857 5/20/08 3,24162 220858 520/08 1 957 50 220859 5/20/08 20,640 00 220860 5/20/08 198 27 220861 5/20/08 1,050 01 220862 5/20/08 4716 220863 5/20/08 29 47 220864 5/20/08 734 78 720865 5/20/08 327 75 220866 5/20/08 409 68 220867 5/20/08 385 00 220868 5120/08 114 84 220869 5/20/08 465 24 4/4 AYEE ESTORATION MGMT COMPANY OBINSON OTH STAFFING COMPANIES LP OTH STAFFING COMPANIES LP 4N DIEGO COUNTY BAR ASSOC 4N DIEGO DAILY TRANSCRIPT 4N DIEGO DAILY TRANSCRIPT 4N DIEGO MIRAMAR COLLEGE DG&E WART & FINAL DLUTIONS SAFETY SERVICES. INC TARTECH COMPUTERS TRATACOM NEETWATLR AUTHORITY iE LIGHTHOUSE. INC 1E REGIONAL TRAINING CENTER iE STAR NEWS 2IS FAR RISK MANAGEMEN F NDERGROUND SERV ALERT 4LLEY INDUSTRIAL SPECIALTIES ,ORA ISTA PAINT 'ATERLINE TECHNOLOGIES 'ESTFLEX INDUSTRIAL 'ILLY'S ELECTRONIC SUPPLY 'OOD & WOOD 'OOD & WOOD '00D & WOOD VI ROLL Pa) period Start Date 10 4/22/2008 WARRANT REGISTER # 47 5/20/2008 DESCRIPTION CLAIM.VISIA DEL SOL - N C FILE TRAVEL FXP IAFC EMS CONE/FIRE UL I IMAT E STAFFING SVCS/CM-CC ULTIMATE STAFFING SVCS/CM•CC 2008 A I I ORNEY DIRECTORY NATIONAL CITY PARKS PAINT/ENG RFQ ARCHITECTURAL SVCS/ENG TUITION ADV OFCRS COURSE/PD STREET DIVISION MATRLS & SUPPLIES/FIRE REPLACE RIVET COMPUTER SUPPLIES/MIS FY0/ CAFR PRINTED/FIN STREET DIVISION CONVEX REPAIR KIT CONSULTING SERVICES/FINANCE ADVERTISING OF BIDS & AUCTIONS WORKER'S COMP REPLENISHMENT UNDERGROUND SVC ALERT CHGS POOL SUPPLIES TRAVEI FXP IAFC FMS CONF/FIRF GRAFI- I I Y SUPPLY/BLOC CHEMICALS FOR MUNICIPAL POOL BALL VALVES SPEAKER WIRES CLAIM FRISBIE V CITY OF N C CLAIM N C AND GONZALEZ V. OFFICER CLAIM FLORES V J C PENNFY/ATTY End Date 5/5/2008 ('heck D2IC 5/14/2008 CHK NO 220870 2208/1 220872 220873 220874 220875 220876 220877 220878 220879 220880 220881 220882 220883 220884 220885 220886 220887 220888 220889 220890 220891 220892 220893 220894 220895 220896 220897 DATE 5/20/08 5/20/08 5/20/08 5/20/08 5/20/08 5/20/08 5/20/08 5/20/08 5/20/08 5/20/08 5/20/08 5/20/08 5/20/08 5/20/08 5/20/08 5/20/08 5/20/08 5/20/08 5/20/08 5/20/08 5/20/08 5/20/08 5/20/08 5/20/08 5/20/08 5/20/08 5/20/08 5/20/08 AMOUNT 753 30 316 31 3 530 45 1.008 70 27 00 492 10 87 10 40 00 63 004 01 67 45 144 60 2.245 80 178 35 497 51 70 03 19 500 00 61 88 53.592 37 220 51' •- 386 4 385 06 201 51 1 838 54 16 66 64 51 24.772 42 9.666 96 5.099 85 398.894 63 856.695.86 GRAND TOTAL S 1,255,590.49 IndR A --(4- AT _pry N 18 8 ; 1CORPORATE) Warrant Register # 47 5/20/2008 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 108 LIBRARY CAPITAL OUTLAY 109 GAS TAXES FUND 111 POST FUND 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 136 TINY TOT CLASSES FUND 154 STATE PUBLIC LIBRARY FUND 158 SWIMMING POOL REVOLVING FUND 166 NUTRITION 171 LIBRARY SCHOOL DISTRICT CNTRCT 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 191 STOP PROJECT 212 PERSONNEL COMPENSATION FUND 230 ABANDONED VEHICLE ABATEMENT GRANT 246 WINGS GRAN1 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 277 NC PUBLIC LIBRARY DONATIONS FUND 282 REIMBURSABLE GRANTS CITYWIDE 290 POLICE DEPT GRANTS 301 GRANT-C D B G 302 CDC PAYMENTS 307 PROPOSITION A" FUND 320 LIBRARY GRANTS 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND Total 680,008 93 38,950 05 22,609 54 22,549 20 3,677 99 52 54 20,010.42 3.170 17 734 78 985 45 617.57 2,051 65 596.49 1.770 74 2,533.19 5,467 56 2,040 67 2,653.26 2,944 63 30,655.78 3,334 83 4.296 55 154.16 3,003 24 5,246 30 43,150 08 6,880.86 88,093 79 65,486 92 98,455.00 5,849 90 26,734 23 1,938 33 4,669.40 40,793 74 13,422 55 1,255,590.49 City of National City, California COUNCIL AGENDA STATEMENT aEETING DATE June 17, 2008 18 AGENDA ITEM NO. %ITEM TITLE Warrant Register # 48 for the period of 05/21/08 through 05/2I/08 in the Amount of $402,009.91 PREPARED BY EXPLANATION D. Gallegos -Finance DEPARTMENT Finance ExT Jeanette Ladrido 619-336-1.33l Per Govemment Section Code 37208, attached are the warrants issued for the period of 05/21/08 through 05/27/08. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Koch Armstrong Morgan Square Inc 220933 220940 Amount 157,923.62 69,822.87 Explanation Street Resurfacing Downtown BID Special Assessment i ( Environmental Review Financial Sitement Not applicable. N/A MIS Approval Approved By: ;fag, v Finandf Director Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $ 402,009.91 BOARD 1 COMMISSION RECOMMENDATION 1. Warrant Regis)' #48 (: ATTACHMENTS ( Listed Below) Resolution No. A 200 (New 7,03) 1/2 Payee ADAMSON POLICE PRODUCTS AEARO CO AIRGAS-WEST ANTHONY'S AUTO BODY ASSI SECURITY, INC AT&T/MCI AT&T/MCI BANK OF AMERICA BEST BEST & KRIEGER LLP BLACKIE'S TROPHIES AND AWARDS BROADWAY AUTO GLASS CALIFORNIA BAKING CO CALIFORNIA COMMERCIAL SECURITY CARQUEST AUTO PARTS CFCA EMS CHAPIN CITY-WIDE ELECTRONICS CLEAN HARBORS CMRTA COMMUNITY DEVELOPMENT COMMUNITY DEVELOPMENT ''ORATE EXPRESS D,...CLINE LUMBER CO DREW FORD DSL EXTREME ENVIRONMENTAL HEALTH COALITION ESRI INC EVIDENT CRIME SCENE PRODUCTS FEDEX FERGUSON ENTERPRISES, INC HAMILTON MEATS & PROVISIONS HdL COREN & CONE HONEYWELL INC. INSTITUTE OF TRANSPORTATION KOCH ARMSTRONG GENERAL MAINTEX, INC. MAN K-9 INC MCGUIRE DISTRIBUTION METROCALL MILE OF CARS ASSOCIATION MINUTEMAN PRESS MISSION UNIFORM SERVICE MORGAN SQUARE INC MX LOGIC. INC MYRIAD INDUSTRIES, INC. N r CHAMBER OF COMMERCE AMBER OF COMMERCE N C. L,HAMBER OF COMMERCE N C CHAMBER OF COMMERCE NAPA AUTO PARTS WARRANT REGISTER # 48 Description SAFETY VESTS AND COVERS SAFETY GLASSES - PW WD-40 LUBRICANT LABOR HUB-3 PANIC BUTTON FOR ENG PHONE XXX-0986 5/7-6/6/08 PHONE XXX-1330 3/1-4/13/08 ANNUAL CREDIT CARD FEE CLAIM PROFESSIONAL SVCS APR'08 NAME TAGS REAR WINDOW GREEN TINT BREAD SUPPLIES AUTMOBILE KEYS/RINGS FIRE EQUIPMENT - FIRE CALIFORNIA FIRE CHIEFS 2008 TRAVEL EXP CEQA WORKSHOP/PLANN ALARM MONITORING SERVICES HAZARDOUS WASTE PICK UP CMRTA MEMBERSHIP SALARIESIBENEFITS REIMB APR'08 SALARIES/BENEFITS REIMB MAY'08 OFFICE SUPPLY -PLANNING FELT PAPER AUTO DOOR HANDLES DSL INTERNET LINE FOR REC CNTR ENV HEALTH - FEB 2008 PRIMARY MAINTENANCE LAB SUPPLIES TRANSPORTATION CHARGES-PD COOPER TUBES MEAT PRODUCTS CONTRACT SVCS PROPERTY TAX REPAIRS & MAINTENANCE SAFE TOUTE 2 SCHOOL - ENG OCT 2007 SERVICES JANITORIAL SUPPLIES MAINTENANCE TRAINING - MAR 2008 MILK PRODUCTS PD PAGERS FY06-07 APPORTIONMENT#10 DTD REQ FORM -PURCHASING LINEN SUPPLIES FY07-08 APPORTIONMENT#10 DTD MAIL /WEB FILTER SVCS - MAY 2008 LAB SUPPLIES TASTE OF NC TASTE OF NC TASTE OF NC TASTE OF NC TUBES, OIL FILTERS Chk No 220898 220899 220900 220901 220902 220903 220904 220905 220906 220907 220908 220909 220910 220911 220912 220913 220914 220915 220916 220917 220918 220919 220920 220921 220922 220923 220924 220925 220926 220927 220928 220929 220930 220931 220932 220933 220934 220935 220936 220937 220938 220939 220940 220941 220942 220943 220944 220945 220946 220947 Chk Date 5/27/08 5/27/08 5/27/08 5/27/08 5/27/08 5/27/08 5/27/08 5/27/08 5/27/08 5/27/08 5/27/08 5/27/08 5127/08 5/27/08 5/27/08 5/27/08 5/27/08 5/27/08 5/27/08 5/27/08 5/27/08 5/27/08 5/2 7/08 5/27/08 5/27/08 5/27/08 5/27/08 5/27/08 5/27/08 5/27/08 5/27/08 5/27/08 5/27/08 5/27/08 5/27/08 5/27/08 5/27/08 5/27/08 5/27/08 5/27/08 5/2 7/08 5/27/08 5/27/08 5/2 7/08 5/27/08 5/27/08 5/27/08 5/27/08 5/27/08 5/27/08 Amount 2.903 97 103 34 105.33 735.28 2,440.00 2,915 90 11 31 25 00 5,029 31 402 38 160.00 540.55 381 29 141 85 200 00 236.00 1,674 85 1,865.00 60 00 2,337.03 2,337 03 258.40 3,299 43 23 77 53.88 19.362 20 639.69 71 00 26 82 717 22 2.978 28 2,400.00 352 69 50 00 157,923 62 45447 1,350 00 1,004 50 5 27 45.751 64 181.28 54 41 69.822.87 441 00 721.58 15 00 15 00 15.00 15 00 372.81 2/2 Payee OUCHI'S POWER EQUIPMENT PADRE JANITORIAL SUPPLIES, INC PALAZO PARTS PLUS AUTOSTORE #711 PERRY FORD PERVO TRAFFIC CENTER PORTILLO CONCRETE, INC. POWERSTRIDE BATTERY CO INC PRO -EDGE KNIFE PRUDENTIAL OVERALL SUPPLY RCP BLOCK & BRICK INC RICK ALBA APPRAISAL SERVICE ROTH STAFFING COMPANIES, LP SAN DIEGO CAPCA SAN DIEGO SPEEDO TACH, INC SAN DIEGO UNION TRIBUNE SD BMW MOTORCYCLES SIGN MASTERS SOLANA CENTER SPARKLETTS SWEETWATER AUTHORITY SYSCO THE LIGHTHOUSE, INC UNITED RENTALS VALLEY INDUSTRIAL SPECIALTIES VISTA PAINT VOLPER WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY 0-- G A . � • 18 - INCORPORATED - - WARRANT REGISTER # 48 Description 9"X1/2" STAR EDGERS CONSUMABLE TRAVEL EXP GOV ACCNT TRAINING/FIN DUAL PISTON BRAKES LABOR SAFETY APPAREL FEB'07 MISC CONCRETE IMPROVEMENTS BATTERIES SHARPENING SERVICE UNIFORMS - PARKS CRUSHED ROCK CLAIM APPRAISAL REPORT ULTIMATE STAFFING SVCS - CM/CC 2008 SEMINAR REGISTRATION/PW MISCELLANEOUS PARTS PUBLIC HEARING AD - PLANNING REPAIRS/MAINTENTANCE OF VEHICLES LABOR RECYCLED PROMOTIONAL ITEMS WATER SERVICE FACILITIES DIVISION FOOD/CONSUMABLES CLEAR LENS CONCRETE BATCH PLANT MIX DRAIN. STRAINER GRAFFITI PAINT DIRECT DEPOSIT REJECTED BY BANK TIRE LAMP. HOI DER Chk No 220948 220949 220950 220951 220952 220953 220954 220955 220956 220957 220958 220959 220960 220961 220962 220963 220964 220965 220966 220967 220969 220970 220971 220972 220973 220974 220975 220976 220977 Chk Date Amount 5/27/08 440 27 5/27/08 1,615 08 5/27/08 268.77 5/27/08 64 29 5/27/08 4.152 23 5/27/08 497 20 5/27/08 19,921 10 5/27/08 517 1 1 5/27/08 44 00 5/27/08 269 66 5/27/08 441 78 5/27/08 108 00 5/27/08 1.008 /0 5/27/08 750 00 5/27/08 122 35 5/27/08 1, 001.60 5/27/08 230 05 5/27/08 175.00 5/27/08 3.968 30 5/27/08 15.44 5/27/08 21.96E 5/27/08 10.153 - 5/2 7/08 121 02 5/27/08 355 58 5/27/08 133.21 5/27/08 463 79 5/27/08 32.12 5/27/08 128 52 5/27/08 62 60 Grand Total $ 402,009.91 «- CALIFORNIA --+• NATION�y } CITY INCORPORATED - Warrant Register # 48 5/27/2008 001 GENERAL FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 166 NUTRITION 172 TRASH RATE STABILIZATION FUND 198 PROPERTY EVIDENCE SEIZURE 294 HUD HEALTHY HOMES GRANT 301 GRANT-C.D.B G 302 CDC PAYMENTS 345 TRAFFIC CONGES1ION RELIEF 626 FACILITIES MAINT FUND 627 LIABILITY INS FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAIN f ENANC 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 172,184.92 205 51 100,000 00 95 32 200.00 16.443 08 5,833 30 792 58 19,362 20 11,000 00 1,675.80 27.386 62 24,213 71 5.137 31 1,099.54 1.080 69 2,986 36 4,586 18 7,726 79 Total 402,009.91 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 17. 2008 AGENDA ITEM NO. 19 ITEM TITLE Continued Public Hearing - Proposed Finding of No Significant Environmental impact for a Coastal Development Permit for an AT&T Field Operation Center at 3202 Iloover Avenue. Applicant: I eng Companies of California. Inc. Representing AT& 1. Case File No. 2007-51 CUP. PREPARED BY Martin Reeder. 336-4310 DEPARTMENT Planning EXPLANATION City Council continued this item from the May 6 and May 20, 2008 meetings at the request of the applicant, since AT&T was reassessing the needs of the business and reviewing the original plan to determine its continued feasibility. After considering a reduced project scope, the applicant has elected to move forward with a phased project. The attached background report describes the project in detail. Environmental Review N/A Financial Statement N/A Approved By: Account No. Finance Director STAFF RECOMMENDATION Rep Staff recommends approval of the Coastal Development Pemnit. BOARD 1 COMMISSION RECOMMENDATION The Planning Commission voted to approve the Coastal Development Permit. Vote: Ayes - Alvarado, Baca. DeLaPai.. Pruitt. Reynolds. Flores ATTACHMENTS ( Listed Below 1. Background Report 2 Findings and Conditions of Approval PC' Resolution No. 6-2008 4. Location Map 5. Site Photographs 6. Deparuncnt/Agency Comments Resolution No. 7. Mitigated Negative Declaration/Initial Study 8. Mitigation Monitoring and Reporting Prog. 9 Application including phasing plan 10. Applicant's Plans (Fshihit A 2'"t Revision) A.200 (9/99) BACKGROUND REPORT The seven acre project site consists of two parcels zoned Light Manufacturing — Coastal Zone (ML-CZ) located along the west side of hoover Avenue, north of State Route 54 and adjacent to the IiNSF railroad and Interstate 5. The project site consists of the northern vacant parcel adjacent to Bannister Marsh and a southern parcel containing two 2-story office buildings and a covered work arca currently being utilized AT&T as a fiber optics storage facility and a staging area. The use includes offices, materials storage and vehicle parking area. AT&T proposes to construct three new buildings and pave the remainder of the property for storage and parking. The two existing office buildings would remain and the covered work area would be replaced with a larger covered work area. Approximately 204 parking spaces and 32 light poles arc proposed throughout the entire project area. The improvements arc proposed to he accomplished in two phases: Due to changing industry conditions and uncertainty over the eventual scope of their regional fiber optics system. AT&T reviewed the application with the company's current needs and identified a phasing plan. Although, AT&T does not have a set timeframe for the second phase, they are requesting consideration of the entire project. Phase 1: The first phase includes minor changes to just the southern lot to include: • Removal and replacement of existing temporary lights with permanent Tight poles; • Installation °fan automatic security gate at the entrance to the property; • Repair parking lot after electrical trenching for the lighting and security gate installation; and • Install landscaped berm along rear of property to screen outside storage adjacent to the trolley tracks. Phase 2: The second phase includes construction the following: • Southern parcel o Construct two 1,998 square -foot one-story office buildings (adjacent to the two existing office structures); Construct 3,038 square -foot work area structure (west of existing office buildings) with a metal roof, containing warehouse storage racks for dry goods storage; • Northern parcel o install conventional asphalt paving to within 50 feet of the wetland, o Install porous paving to within 25 feet of the wetland; • Install 25-foot landscape buffer comprised of native vegetation, between the parking lot and Bannister Marsh. General Plan: The project is consistent with (ieneral Plan policy. Conservation and ()pen Space policies as contained in the Natural Setting portion of the General Plan encourage protecting coastal resources, including wetlands, in accordance with the LCP. Industrial use would require an administrative permit within the Light Manufacturing gone. However, a discretionary perniit is required since the property is located within the Coastal Zone. t Additionally, the General Plan encourages cooperation with the governmental agencies such as U.S. Fish & Wildlife Service, California Department of Fish & (lame and the California Coastal Commission. Both the Department of Fish & Game and the Coastal Commission were contacted about this project and provided comments on the application. Loeal Coastal Program: The subject property is within the Subarea 111 of the Coastal Zone (C'%) known as the Sweetwater Industrial Arca. Subarea iII designates this portion of the City for light industrial and commercial uses. Since thc project is within the Coastal Zone. a Coastal Development Permit is requital. In order to approve thc re quest, the proposed development must he consistent with the Certified Local Coastal Program (I.CP). 'the project has been determined to he consistent with the LCP since it involves minor land alterations and building construction on an existing industrially -zoned parcel within an area designated by the 1,CP for such use. In addition, as the property is within 100 feet of the Bannister Marsh, any decision on the project may be appealable to the California Coastal Commission. The Mitigation Monitoring and Reporting Program (MMRP) requires that the applicant limit development within 25 feet of the wetland, restrict public access to the marsh, and install landscaping compatible with the marsh, and would therefore he consistent with the Certified Local Coastal Program goals. Project Design: The site currently contains two office buildings and a covet -al storage area. Both of the existing buildings are two stories with flat roofs. The front building has a stucco exterior, while the rear building has metal siding. the applicant proposes to retain the existing buildings and construct two 1,998 square foot single -story office buildings with pitched roofs and stucco tan exterior to match the existing buildings. They will he located between the existing buildings and the railroad spur bisecting the two properties. The single story nature of the new structures provides a smooth transition from the taller existing buildings. consistent with City Design Guidelines. Other desirable features have also been incorporated into the site design, including: • Landscaped berms at the perimeter of the development to screen the parking from the light rail tracks and Interstate 5; • Controlled site access for security; • Screening of storage, work and parking areas from i loover Avenue. The existing covered storage is proposed to be extended to make a larger one. The new 3,038 square -foot structure would extend from the existing arca attached to the back of the westernmost existing office building and he open on three sides with a screen panel obscuring the building from the freeway. The storage structure will contain warehouse racks for storage of materials and suppl ics. .andscaping/Sereening: The applicant proposes to install landscaping along the frontage of Hoover Avenue, along the rear of the property adjacent to the trolley and Interstate 5, within the parking kit, and adjacent to Bannister Marsh. A four -foot high earth mound/berni is proposed along thc western perimeter of both properties screen the parking lot from passing vehicles and the railroad. Landscaping along Bannister Marsh would include removing any non-native vegetation and planting native species that complement the adjacent marsh habitat. This buffer is described in detail in the attached Mitigation Monitoring and Reporting Program and included in the Conditions of Approval. 2 Fencing proposed includes a three-foot high wall along Hoover Avenue, chain link fence with vinyl slats in front of the new office buildings and adjacent to Bannister Marsh. Chain link fencing along the trolIcy and I-5 would be heavily landscaped to screen the outside storage. Environmental Review In compliance with the California Environmental Quality Act (CEQA), an initial Study was prepared to analyze potential environmental impacts. 'I he applicant provided a Biological Assessment and Jurisdictional Delineation documenting the variety of flora and fauna observed on site. Based on the review of the project and determination of no potential significant impacts, a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP) were prepared for the project (see Attachment 6 & 7). The 20-day public review period for this document ended on March 27, 2008. No comments or corresixondcnce were received during this period. The MMRI' includes measures for revegetation and maintenance of the landscape butler and the marsh, including the following: • Directing and shielding of lighting away from Bannister Marsh and the landscape butler; • Placement of Nix-A-Lite wire on structures within 200 feet of Bannister Marsh to prevent raptor perching. • install water quality treatment system to intercept and treat/redirecting stormwater flows away from Bannister Marsh; • Comply with Best Management Practices (BMP) for grading and construction activities, as well as alter project completion; • Conduct Archaeological and Paleontological resource monitoring during construction and development activities. • Recordation of an open space easement over the marsh and the 25 foot buffer prior to certificate of occupancy to protect the Bannister Marsh. 3 RECOMMENDED FINDINGS FOR APPROVAL OF THE: COASTAL DEVELOPMENT PERMIT That the granting of this Coastal Development Permit is consistent with and implements the Certified Local Coastal Program, since the project involves minor land alterations and building construction on existing industrially -zoned parcels in an arca designated by the Local Coastal Program for such use. 2. That the conditions of approval are adequate to carry out the Certified Local Coastal Program, as required in the implementing ordinances. since they affect the tollowing: o Marsh restoration; Resource protection; o Stormwater run-off interception/prevention; o Plant and tree selection; o Construction of anti -perching elements; o Site drainage both during and post construction: o Sign requirements; o Site lighting limitations; o Protection of archaeological and paleontological resources; o Pre and post construction Best Management Practices (BMP). 3. That granting of this coastal development permit is consistent with all other (.'ity plans and ordinances, since the project complies with applicable Land Use Code requirements and since the industrial use involved in the project area is identified by the General Plan as an appropriate use in the project area. RECOMMENDED FINDINGS FOR APPROVAL OF MITIGATED NEGATIVE; DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) 1. That the Mitigated Negative Declaration (2007-51 IS) and Mitigation Monitoring and Report Program (MMRP) has hcen read and considered together with any comments received during the public review process; and, 2. That based on the whole record including the Initial Study and MMRP, there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis. 4 WEIN RECOMMENDED CONDITIONS OF APPROVAL. 1. This Coastal Development Pemiit authorizes an AT&T Field Operation Center at 3202 Hoover Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A-2"`r Revision, case lile no. 2007-51 CDP, dated 10/2/2007. 2. All measures described in the Mitigation Monitoring and Reporting Program shall be completed prior to issuance ofa Certificate ofOecupancy for the northern parcel. 3. A detailed landscape and underground irrigation plan, including plant types, methods of planting. etc. shall he prepared and submitted prior to the issuance of the building permit for review and approval by the Planning Director. The landscape plan shall reflect the use of non-native plant material. drought tolerant planting and water conserving irrigation devices. All parking islands and areas not used for vehicular or pedestrian access shall he landscaped and irrigated. All landscaping in the vicinity of the marsh area shall conform to all revegetation and restoration provisions of the Mitigation Monitoring and Reporting Program. Prior to issuance of the building plan, the landscape plan shall he reviewed by a biologist to ensure compatibility with the native landscaping adjacent to Bannister Marsh. 4. Exterior walls of buildings/trecstanding sigrrs/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. (iaffiti shall be removed within 24 hours of its observance. 5. 1'rior to final building permit inspection and approval, all temporary lighting shall be removed from the premises. 6. The marsh and buffer will he set off from the development footprint by a fenced 25-foot buffer along the southern boundary of the marsh as delineated and described by the Local Coastal Program Open Space Reserve (OSR) designation. The fencing will he a chain -link with slats fence of six (6) feet in height. The huffcr will he excavated one toot on the marsh side to remove existing fill. This removal will result in a slope that will he day -lighted to the present elevation, 12 feet from the marsh edge. This slope and the remainder of the 25-foot buffer is to he ripped to a depth of 6-inches to allow for seeding and planting. 7. Install a fence with one lockable gate between the proposed use and the wetland butler. The fence must he adequate to prevent entry by humans into the buffer. Any trespass into the marsh shall be corrected upon detection. install signagc in appropriate locations along the fencing to explain the sensitive nature of the puffer and Bannister Marsh and to infiorm people not to enter. The signs should rcad "No Trespassing - Sensitive Wetland Arca". All structures .ud active or passive uses within the buffer, with the exception of the restoration and maintenance activities, shall be prohibited and prevented. 10. All exterior lighting shall he shielded and directed away from Bannister Marsh and the landscape huffcr. t 1. All structures with a view of or within 200 feet of Bannister Marsh, including fencing surrounding the buffer area shall be topped with Nix-A-Lite wire to prevent raptor perching. 9. 5 12. Design and implement a water quality treatment system at the north end of the disturbed area to treat runoff from the site prior to such flow entering the Bannister Marsh system. 13. Do not include invasive plant species. as identified in the Invasive Plant Council's current inventory of invasive plants (http_//www.calipc.org!ip/inventory/index.php), in any landscaping proposed for the proposal. 14. The removal of exotic vegetation and replanting with native species constitutes an alteration of the drainage. A California Fish and (game Code 1600 Strcambcd Alteration Agreement from the California Departrnent Fish and Game will be required. 15. The southern buffer arca is to be planted, by seed or container -grown plants. with native annuals and perennials implemented to provide ti rage habitat, cover and erosion control. The plantings shall be consistent with the recommended taxa list included with the Biological Assessment and Jurisdictional Delineation PSBS till883, dated 29 August 2007, Revised 11 January 2(X»t. 16. The eastern inlet area is to be planted, following the removal of the exotic plants there, with Freshwater Marsh vegetation so that this area functions as a water quality treatment marsh. This will require lowering the northern area adjacent to the inlet a distance of 2 feet to allow for greater inflow retention time and to permit storm flows without eroding out the treatment plantings. Treatment Marsh plantings shall he consistent with the recommended taxa list included with the Biological Assessment and Jurisdictional Delineation PSBS 011883, dated 29 August 2007, Revised 11 January 200 . 17. Protection of all installed plant materials on the project site will be provided by temporary orange construction fencing installed along the edges of these features to protect all environmentally sensitive areas. The fencing locations will be approved by the Project Biologist prior to installation, and shall he installed around these areas prior to the beginning of vegetation clearing and grading. The fence will consist of orange snow fence attached to metal T-posts. All fencing materials must be a minimum of 4-feet high to prevent construction equipment and personnel from entering environmentally sensitive areas. The protection fence will remain in -place until restoration/enhancement activities are complete. I R. Restoration of the area within the wetland buffer shall include preparation of the area for planting native upland species, and shall include a Mitigation Monitoring and Reporting Plan (MMRP) with a life of a minimum of five years. The MMRP shall include steps for evaluation of the effectiveness of all mitigation measures, including the prevention of raptor perching. If the steps included herein, or addressed under Conditions of Approval of the associated discretionary permit (2007-51 CI)P, IS) are not effective, additional time and/or resources shall he attributed to ensure success of said measures. 19. Maintenance of the butter area shall include removing any non-native species that become established. replacing of native plants that do not survive, and temporarily irrigating or watering the native vegetation to assist in its establishment. Maintenance of the buffer should continue until the planted native vegetation persists without irrigation for at least two growing seasons. 6 20. Grading plans for the project should include conditions requiring measures to avoid direct or indirect impacts from dust, erosion and siltation. Grading should result in contour that does not allow for runoff into the marsh habitat other than through controlled drainage structures with appropriate hest management practices to removed pollutants. Best Management Practices (BMP's) will he utilized during construction to insure control of runoff and sedimentation. All grading activities will take place outside of breeding or nesting seasons of marsh habitat species. 21. The applicant shall demonstrate that no machinery fluids will he added or changed on the revegetation site or near the stream channel; refueling of machinery will occur within designated upland areas and only over areas with a non -permeable membrane installed to be noted on grading and building plans. 22. A note shall be included on all grading and building plans that no dumping of debris or stockpiling of soil will occur in or near the Bannister Marsh. 23. The grading plans shall indicate that on -going archaeological and paleontological monitoring shall he conducted during all construction and development activity that involves grading, excavation, or other disnrptions to the surface of. and/or materials at depth beneath the project Site. 24. An open space easement shall he prepared to include a plat map and legal description for review by the Planning and Engineering Departments prior to issuance of the building permit. The area of the open space easement shall include the wetland identified in the Biological Assessment and Jurisdictional Delineation and the 25-foot buffer. The easement shall include maintenance of the wetland and the revegetation area to the satisfaction of the Planing Director. 25. Plans must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, California Fire Code and California Title 24 energy and handicapped regulations. 26. Television cable companies shall be notified a 1mnin►uin of 48 hours prior to tilling of e.. blc trenches. 27. The property is in the Federal Flood Plain arca. A Flood 1lazard Permit shall he obtained from the Engineering Department. 28. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to he completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. '1'hc checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation flan (Sl ISMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall he prepared by a Registered Civil Engineer. 29. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Stone Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will he required prior to issuing of a construction permit. 30. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development. 31. A grading and drainage plan shall he submitted showing all of the proposed and existing on - site and off -site improvements. The plan shall be prepared in accordance with the C'ity's standard requirements by a Registered Civil Engineer. All necessary measures fbr prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains. shall he undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall he signed and recorded. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Department. 32. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharges of storm water runoff associated with construction greater than I acre activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall he given to the City of National City Engineering Department prior to any work beginning on the project. 33. A Notice of Intent (N0I) shall be filed with the Regional Water Quality Control Board (RWQCB). 34. A sewer permit will be required. The method of sewage collcetion and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in sire with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 35. The deteriorated portions of the existing street improvements along the property frontages shall be reproved and replaced. 36. A permit shall he obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 37. Street improvements shall he in accordance with ('ity Standards. All mussing street improvements shall be constructed. Abandoned driveway aprons shall he replaced with curb, gutter and sidewalks. R 38. A cost estimate tin all of the proposal grading, drainage, street improvements, landscaping and retaining wall work shall he suhmitted with the plans. A performance bond equal to the approved cost estimate shall he posted. Three percent (3%) of the estimated cost shall also he deposited with the City as an initial cost for plan checking and inspection services at the time the plans are suhmitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 39. The project is to be designed, developed and constructed in compliance with the California Fire ('ode (CFC) 2007 edition or CFC in effect at time of permit issuance and the most current National Fire Protection Association (NFPA) Standards and City of National City Municipal Code and Ordinances as adopted by the City of National City. 40. Access into and through the yard will require a minimum clear width of 20 feet with an unobstructed vertical clearance of 13 feet 6 inches. 41. Estimated minimum lire flow requirement will be 1,750 gpm measured at 20 psi residual pressure with a duration of two hours. 42. Prior to building permits, information regarding fire flow requirements shall he suhmitted to Sweetwater Authority to determine the need for new water systems or substantial alteration to the existing water system. 43. Within tour (4) days of approval, pursuant to Fish and Game Code 711.4 and the California ('ode of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall he made payable to the County Clerk and suhmitted to the National City Planning Department. At this time, the filing fee is $I,800 for a Mitigated Negative Declaration. 44. Before this Coastal Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically tenninate the Coastal Development. 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 Coastal Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to tonn by the City Attorney and signed by the Planning Director prior to recordation. 45. This permit shall he valid for one year from the date of final City action upon the application, unless extended according to procedures specified in Section XiX (R) of the Local Coastal Program implementation Document. 9 RFSOLLI I ION NO. 6-2008 A RESOLU FION Of THE PLANNING COMMISSION OF TIIE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A COASTAL DI:V1.1.(>PMEN I PERMIT I:()R AN AT&T FIELD OPERATION CENTER AT 3202 II(X )VI•:R AVENUE AND FINDING OF NO SIGNIFICANT FNVIRONMEN f Al. El.FFCT, AND Atl lHORI'/.ING THE FILING OF Al NO t I('1. OF DETERMINATION APPI 1CANT. TENG COMPANIES OF CALIFORNIA, INC. RF.PRI•:SEN f1NG AT&T. CASE FILE N( ) 7007-51 ('DI', IS WHEREAS. the Planning (:onunnssion of the City of National ('ity considered a Coastal Development Permit application for an AT&T Frew Operation ('enter at t202 I loovei Avenue. APNs 562-220)ti and 562-330-24, at a duly advcitised public hearing held on April 7, 2008 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 7.18)7-51 CDP and 2001-51 IS, which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing., and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WIf1-REAS, the action recited herein is found to he essential for the preservation of publie health, safety. and general welfare. NOW, TIIEREFORE. lit• IT RESOLVED by the Planning Commission of the City of National Cnty, Calitirmia, that the testimony and evidence presented to the Planning ('onunnssion at the public healing held on April 7, 2008. support the following findings That the granting of this Coastal Development Permit is consistent with and implements the Certified Local Coastal Program, since the project involves minor land alterations and building construction on existing industrially -tuned parcels in an area designated by the ,Deal Coastal Program for such use. ',hat the conditions of approval are adequate to care out the C'ertificd Local Coastal Program, as required in the implementing ordinances, since they atlixt the following: • Marsh restoration: o Resource proteetron, • Stonnwater run-off unterceptiorgprcvcutiou, Plant and tree selection; ( of anti -perching elements; o Site drainage both dining .urd post construction; A, Sigri requirements: u Site lighting limitations: Protection of archaeological and paleontological i sources, o Pre and post construction Best Management Practices (BMP). 1 0 3. That granting of this coastal development permit is consistent with all other City plans and ordinances, since the project complies with applicable Land Use Code requucntcnts and since tic industrial use involved in the project area is identified by the General flan as an appropriate use in the project area. RECOMMENDED FINDINGS FOR APPROVAI. OF MITIGATED NEGATIVE DECLARATION That the Mitigated Negative Declaration (2007-S1 IS) has been read and considered together with any amuucnts received during the public review process, and, That based on the whole record including the Initial Study, there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects the (rty's independent judgment and analysis. HI: IT FIIRTIIER RESOLVED that the Planning Commission has considered the proposed Mitigated Negative Declaration No. 2007-51 IS, together with any comments received during the public review process, and finds on the basis of the whole record (including the Initial Study and any comments received) that there is no substantial evidence that the project will have a significant effect on the envnoruncnt and that the Mitigated Negative Declaration reflects the City's independent judgment and analysis, and hereby approves the Mitigated Negative Declaration and authorizes the filing of a Notice of Determination. HE 11 I Ltlt'THEIt RESOLVED that the application for Coastal Development Permit is approved subject to the following conditions: I. This Coastal Development Permit authorizes an AT&T Field Operation ('cuter at 3202 Hoover Avenue. Except as required by conditions of approval, all plans submitted for penults associated with the project shall conlinn with Exhibit A-7'"r Revision, case file no. 2007-51 CDP, dated 10/2/2007. 2. A detailed landscapc and underground irrigation plan, including plant types, methods of planting, etc. shall he submitted for review and approval by the Planning Director. ilne landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices Ali parking islands and areas not used for vehicular or pedestrian access shall he landscaped. All landscaping in the vicinity of the marsh area shall confiunr to all revegetation and restoration provisions of the Mitigation Monitoring Report. The landscape plan shall be reviewed by a biologist to ensure compatibility with the native landscaping adjacent to Bannister Marsh. 3. Exterior walls of buildings/freestanding signs/trash enclosures to a height of not less than (r feet shall he heated with a graffiti resistant coating subject to approval from the Building and Safety 1)ircctor. (;raftitr shall he removed within 24 hours of its observance. 4. Pnor to final building permit rnspcctrou and approval, all temporary lighting shall be removed from the premises 11 5. The marsh and buffer will he set off from the development footprint by a fenced 25-toot buffer along the southern boundary of the marsh as delineated and described by the Local Coastal Piquant Open Space Reserve (OS12) designation. The fencing will he a chain -link with slats fence of six (6) feet III height l he bullet will be excavated one foot on the marsh side to remove existing till. This removal will result in a slope that will he day -lighted to the irresent elevation, 12 feet from the marsh edge. this slope and the remainder of the 25 -toot buffer is to he ripped to a depth of 6-inches to allow for seeding and planting. 6 Install a fence with one lockable gate between the proposed use and the wetland puffer. The fence must he adequate to prevent entry by humans into the buffer. Any trespass into the marsh shall he corrected upon detection. 7. install signage in appropriate locations along the fencing to explain the sensitive nature of the bullet and Bannister Marsh and to inform people not to enter. The signs should read "No Trespassing - Sensitive Wetland Area". 8. All strictures and active or passive uses within thc buffer, with the exception of the restoration and maintenance activities, shall he prohibited and prevented. 9 All exterior lighting shall be shielded and directed away from Bannister Marsh and the landscape buffet 10. All structures with a view of or within 200 feet of Bannister Marsh, including fencing surrounding thc butter area shall be topped with Nix-A-Lite wire to prevent raptor perching. 11. I>csiJin and implement a water quality treatment system at the not th end of the disturbed area to treat runoff from the site pilot to such now euterint, the ltannistet Marsh system. 12. Do not include invasive plant species, as identified in the hnvasivc Plant C'ouncil's current inventory of invasive plants (http./;www caltpc.orgjiphnventorWindex .php), in any landscaping proposed for the pioposal. 1.3. The removal of exotic vegetation and replanting with native species constitutes an alteration of the drainage. A California Fish and Game ('ode 1600 Streamhed Alteration Agreement from the ('abtuinia I )ep.utment Fish and ( ianne wilt be fequtied. 14. The southern buffer area is to be plantal, by seed of container -grown plants, with native annuals and perennials implemented to provide forage habitat, cover and erosion control. The plantings shall be consistent with the recommended taxa list included with the Biological Assessment and Jurisdictional Delineation PS13S II1J883, dated 29 August 2007, Revised 11 January 2008. 15. The eastern inlet area is to he planted, following the removal of the exotic plants there, with Freshwater Marsh vegetation so that this arca functions as a water quality treatment marsh. This will tequite lowering the 'anthem aica adjacent to the inlet a distance of 2 feet to allow for grcatei inflow retention time and to penntt storm flows without eroding out the treatment plantings. Treatment Marsh plantings shall he consistent with the reconunended taxa list included with the Biological Assessment and Jurisdictional Delineation I'SBS 11U883, data) 29 August 2007, Revised 11 January 2008 16. Protection of all installed plant rnateuals on the ptoJect site will he provided by temporary orange construction fencing installed along the edges of these features to protect all environmentally sensitive areas. The fencing locations will he approved by the Project 12 Biologist prior to installation, and shall be installed around these areas prior to the trcginning of vegetation clearing and grading. Tlic fence will consist of orange snow fence attached to metal T-posts All fencing; miatcuals must be a minimum of 1-feet high to prevent construction equipment and personnel from entering enviionmmentalty sensitive areas. The protection fence will remain in -place until restoration/enhancement activities are complete. 17. Restoration of the area within the wetland Miffed shall include preparation of the area for planting native upland species, and shall include a Mitigation Monitoring and Repotting Plan (MMRP) with a life of a minimum of live years. The MMRI' shall include steps for evaluation of the effectiveness of all mitigation measures, including the prevention of raptor perching. If the steps included herein, or addressed under Conditions of Approval of the associated discretionary permit (2007-51 C'DP, IS) arc not effective, additional time and/or resouices shall be attributed to•snsure success of said measures. 18. Maintenance of the buffet area shall include removing any non-native species that become established, replacing of native plants that do not survive, and temporarily irrigating or watering the native vegetation to assist in its establishment. Maintenance of the buffer should continue until the planted native vegetation persists without irrigation for at least two growing seasons. 19. (.iiading plans fix the project should include conditions requiring measures to avoid direct or indirect impacts from dust, erosion and siltation. Grading should result in contour that does not allow lirr runoff into the marsh habitat uthet than through controlled drainage structures with appropr iatc hest management practices to removed pollutants. Best Management Practices (liMl''s) will he utilized during construction to insure control of runoff. and sedimentation. All grading activities will take place outside of breeding or nesting seasons of marsh habitat species. 20. The applicant shall demonstrate that no machinery fluids will be added or changed on the revcgetatiun site or near the stream channel; winding of machinery will occur within designated upland areas and only over areas with a non -permeable membrane installed to he noted on grading and building plans. 21. A note shall be included on all grading and building plans that no dumping of debris or stockpiling of soil will occur in or near the Bannister Marsh. 22. On -going archaeological and paleontological monitoring, shall be conducted during all construction and development activity that involves grading, excavation, or other disruptions to the surface of, and/or materials at depth beneath the project site. 21. Plans must comply with the .21107 editions of the California Building Code, the. California Mechanical diode. the California Plumbing (:ode, the California Electrical Code, California Fire (.'ode and California Title 24 energy and handicapped regulations. 24. Television cable companies shall be notified a minimum of 4g hums prior to filling of cable hutches. 25.'Ihc properly is in the federal Flood Plain area. A Flood Hazard Permit shall he obtained from the 1•.ng,incering Department. 26.'fire Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a protect site is submitted for review of the ('ily 13 Departments. 1 he checklist is available at the Engineering Department. It it is den:m►ined that the project is subject to the 'Priority Project Permanent Stom► Water RMP Requirements" and the City of National City Storm Water Rest Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storn► Water Mitigation Plan (S(JShv1P) documentation will he required prior to issuance of an applicable engineering pemnmit The SUSMP shall be prepared by a Registered Civil Engineer. 27. The Rest Management Practices (HMI's) for the maintenance of the proposed construction shall he undertaken in accordance with the National Pollutant Discharge Himination System (NPDES) regulations which may require a Storm Water Pollution Prevention flan (SWPPP) for the project. An approved SW'PPI' will he required prior to issuing of a construction permit. 28. All surface run-otfshall he treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (RMP) for all Priority SI ISMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall he protected from surtiece run -oft resulting from this development. 29. A grading and drainage plan shall he submitted showing all of the proposed and existing on - site and off -site improvements. The plan shall be prepared in accordance with the city's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and ha74rdous material run-off to the public storm dram system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as stom drain interceptors, clarifiers, or tilteis. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations A private stone water treatment maintenance agreement shall be signed and recorded A checklist for preparation of the grading plan/drainage plan is available at the 1 nginceilin; Department. 30. A National Pollutant Discharge Elimination System (NI'DI:S) permit is required for discharges of storm water runoff associated with construction greater than 1 acre activity where clearing. grading, and excavation results in a land distuibance. A construction store►water permit shall he obtained from the Regional Water Quality Control Roard. A copy of the permit shall he given to the City of National City Engineering Department prior to any work beginning on the project 31. A Notice of Intent (NOI) shall he tiled with the Regional Water Quality Control Hoard (RWQCR). 32. A sewer permit will he requited. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall he 6 inch in si'..e with a clean out. A sewer stamp "S" shall he provided on the curb to mark the location of the lateral 3.3 The deteriorated portions of the existing street nmpt0VCn►cnts along the property tiontages shall be removed and replaced. 11 34. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 35. Street improvements shall he in accordance with ('ity Standards. All missing street improvements shall he constructed. Abandoned driveway aprons shall he replaced with curb, guile, and sidewalks. 36. A cost estimate for all of the proposed grading. drainage, street unprovernents, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3°ii,) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 37. The project is to be designed, developed and constructed in compliance with the California Fire Code (('FC) 2007 edition of C'F(.' in effect at time of permit issuance and the most current National Fire Protection Association (NI -TA) Standards and City of National ('ity Municipal Code and Ordinances as adopted by the City of National City. 3R. Access into and through die yard will require a minimum clear width of 20 feet with an unobstructed vertical clearance of 13 feet 6 inches. 39. Estimated minimum fire flow requirement will he 1,750 gpm measured at 20 psi residual pressure with a din ation of two hours. 40. Prior to building permits, information regarding lire flow requirements shall be submitted to Sweetwater Authority to determine the need for new water systems or substantial alteration to the existing water system. 41. Within tour (4) days of approval, pursuant to Fish and Game ('ode 711.4 and the California ('ode of Regulations. Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees to the San Diego County Clerk. Checks shall he made payable to the County Clerk and submitted to the National City Planning Department. At this time, the filing fee is $1,876.75 for a Mitigated Negative Declaration, and a County ( pioccssing tee of $50.00. 42. Before this ('oastal Development Permit shall become effective. the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Coastal Development. 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 Coastal Development Pernnl are binding on all present or future interest holders or estate holders of the property. The Notice of Restnction shall he approved as to torsi by the City Attorney and signed by the Planning Director prior to recordation. 43. This permit shall he valid for one year from the date of final City action upon the application, unless extended according to procedures specified in Section XIX (R) of the Local Coastal Program Implementation Document. 15 BE IT FURTHER RESOLVED that copies of this Resolution he transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOI.VEI) that this Resolution shall become effective and final 20 days after the Planning ('onunission adopts the resolution, unless an appeal in writing is tiled with the City Clerk prior to 5:30 p.m. on the twentieth day following the I'laiuung Commission adoption of the resolulion The time within which judicial review of this decision may he sought is governed by the provisions of Code of ( 'ivil Procedures Section 1094.u. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of April 7, 2008, by the following vote: AYES: Alvarado, Baca, DcLaPez, Pruitt, ItNyuolds, Flutes NAYS: ABSENT: ABSTAIN: Vo —0 CHAIRWOMAN 16 30.Y.14.1. .. - - - \ 3029 ''. \ .4. 15. \ _ . \ V c. \ \ . ,..., r.3 \ ... 1 109 1 . t \ re, - \ 0 . \- , \ \ - ,,..- \\\ . \ .3co ... ‘'N . ,.., \ - \ e•-•••.., .. _ -.-'.- .... .., 4 \ ... .1... - - M... . -. . . .• ... OSR -CZ ... ... , ... .. .. — . ... \ - _ _ •••• • .41 .... ••• I. 1 .3A*31 .320 state Route 54 ZONE BOUNDARY PROJECT SITE 100 0 100 200 300 Feet LOCATION MAP 2007-51 CDP, IS Coastal Development Permit for a Proposed AT&T Field Operation Center NATIONAL CI1TY PLANNING DRN. DATE: 3/5/08 INITIAL HEARING: 4/7/08 2007-51 CUP - ,4T& T Field Operation Center Existing 2-Story Office Building fronting on Hoover A‘cnuc looking West Existing Rear Office Building and Covered Storage Area Looking Last 18 Rear Portion of Southern Lot Looking West I owards Interstate 5 Railroad Spur Between North and South Parcels Looking West 19 FROM: City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR CITY OF NATIONAL CITY PLANNING DEPARTMENT October 9, 2007 SUBJECT: Case File No: 2007-51 CDP - AT&T Field Operation Center at 3202 Hoover Avenue. This Coastal Development Permit has been submitted for Planning Commission consideration. The applicant proposes to construct three new buildings, and pave the remainder of the property for storage and parking purposes, in order for the property to serve as a contractors yard and storage area for AT&T. There is a railroad track belonging to San Diego Arizona Eastern Railroad bisecting the property. The southern part of the property is currently developed with two 2-story office buildings, which are to remain, and a covered work area to be replaced with a larger covered work area. The applicant proposes to construct two 1,998 square -foot one-story office buildings adjacent to the two existing office structures, with a new 3,038 square -foot work area structure to be located west of the existing office buildings. The covered area is to contain warehouse storage racks for dry goods storage and will have a metal roof. The new office buildings are to be of standard construction. The northern part of the property is adjacent to the Bannister Marsh. The applicant is proposing to pave the lot to within 25 feet of the wetland, with the project including a 25-foot landscape buffer comprising of native vegetation. There are approximately 204 parking spaces proposed throughout the entire project area. Please submit your comments or recommendations on the proposed project by October 23, 2007. It is very important that your continents alert us to any aspects of the .proposal which conflict with regulations that your department or agency adnuiusters. If you have no comments regarding the project, please check and sign below, and return this notice and the enclosed plans. If you have any questions, please contact me at 336-4313. Thank you. MARTIN REEDER Assistant Planner b,( -i No comments f ,e_o -►2r� /r14 vim€ A-t* A c-Q. ft, p 4 cc: Building at Safety Department Engineering Department Fire Department Police Department Sweetwater Authority San Diego Gas & Electric Cox Cable AT&T U.S. Fish & Wildlife Service Dept. of Fish 8< Game California Coastal Commission California Regional Water Quality Control Board 20 Re yc Ir.l Paper City of National City Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 IiN(iINFF•:RINU REQUIREMENTS FOR NEW AT&T OPERATION ('EN l l•:R AT 3202 HOOVER AVENUE': I )ate: October 31, 2007 1 o Martin Reeder, Planning I )epartntent From. Adam J. I.ay a Assistant ('ivil Engineer Via: I )in 1)mrestih Acting City Engineer Subject: NEW AT&T OPERATION CENTER A I' 3202 IIOOVFR AVF:NI IF: I. The properly is in the Federal Flood Plain arca. Flood hazard permit shall he obtained from the Engineering Department The Priority I'roject Applicahihty checklist for the National Pollutant Discharge Elimination System (NI'DES) is required to be completed and submitted to the Engineering Department. The checklist will he required when a project site is submitted for review of the City Departments. I he checklist is available at the Engineering Department. If it is determined that the project is subject to the -Priority Project Perntaneut Storm Water RMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (.I11RM1') approved Standard llrban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering pen -nit. The SUSMP shall he prepared by a Registered Civil Engineer. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall he undertaken in accordance with the National Pollutant Discharge Elimination System (NPDI•:S) regulations which may require a Storni Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will he required prior to issuing of a construction permit. All surface run-off shall he treated \with an approved Standard Urban Runoff Mitigation Ilan (SUSMP) Best Management Practice (HMI') for all Priority SUSMP projects. No ruuoll' will be permitted to How over the sidewalk. 21 © Iticy.kd Paper Adjacent properties shall be protected from surface run-off resulting from this development. 5. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and oft -site improvements. The plan shall he prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storni water pollution and hazardous material run-off to the public storm dram system from the proposed parking lot or development shall he implemented with the design of the grading. This shall include the provision of such devices as storm drain Interceptors, clarifiers, or filters. Hest Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains. shall he undertaken in accordance Nvith the National Pollution Discharge L•lirnination System (NPDES) regulations. A private storm watt% treatment maintenance agreement shall he signed and recorded. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Department, 6. A National Pollutant Discharge Elimination System (NPDES) permit is required t'or discharges of storm water runoff associated with construction greater than I acre activity where clearing, grading. and excavation results in a land disturbance. A construction storniwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall he given to the City of National ('ity Engineering Department prior to any work beginning on the protect. 7. A Notice of Intent (N01) shall he filed with the Regional Water Quaht\ Control Board ( RWQCB). 8. A sewer permit will be required. The method of sewage collection and disposal shall he shown on the gradingidrainage plan. Any new sewer lateral in the (arty right-of-way shall be 6 inch in sive with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location (Attie lateral. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. 10. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading constntction on private property. I1. Street improvements shall be in accordance with City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall he replaced with curb, gutter and sidewalks. I 2. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three 27 i\l.:jha 320'_ percent (3%j of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 2.3 CITY OF NATIONAL CITY FIRE DEPARTMENT Phone: (619) 336-4550 MEMORANDUM DATE: October 17. 2007 TO: Martin Reeder, Assistant Planner FROM: Donald Condon. Battalion ('hiet' Fire Marshal SI)R.1E(1 : 2007-51 CDI' AT& I Field Operation Center at t.'(12 Hoover Avenue Please note our follow Inv comments and recommendations 1) Project to he designed, developed and constructed in compliance with the California Eire ('ode ((IC) 2001 edition or (IC in effect at time of permit issuance. the most current National Fire Protection Association (NFPA) Standards and City of National ('itv Municipal ('ode and Ordinances as adopted by the City of rational City. 2) Access into and through the yard will reyuue a minimum clear unobstructed width of 20 feet with a clear unobstructed vertical clearance of 13 feet 6 inches. 3) Estimated lire flow requirement of 1.750 gpnt measured at 20 psi residual pressure Ith a How duration of 2 howN. Please note that the above items are based offofa preliminary review of plans submitted. Additional requirements ina). he necessary upon submission of a complete set of plans leer permit review. 24 SWEETWATER AUTHORITY 505 (iARr1E I I AVENUE POST OFFICE BOX 2328 CI (III A VISTA CAI IFORNIA 91912-2328 (619) 420 I413 FAX (6,19) 425-7489 http //www sweetwiter orq October 16, 2007 Mr. Martin Reeder, Assistant Planner City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Subject. WATER AVAILABILITY - 2007-51-CDP 3202 HOOVER AVENUE, NATIONAL CITY A.P.N. 562-220-28: 562-330-24, -32, AND -44 SWA DEV. FILE: AT&T FIELD OPERATION CENTER Dear Mr. Reeder: UOAHU H 1.1:ILHEL BEAUCHAMP, CHAIR JAMES (: ALKIRF VICF CHAIR 1AMFR ".IIM' f)000 nON Mond 11sON wu "1.4U MUCK(W(, IUN IEHHY IH(M1AS MAR(ARFT COOK WEt CH ,1F NNi r.A POSTAL, (,L NL(14( MANAVL ft ?.UHKH HUGE H� UHt'HAI IONS UANAGFR This letter is in response to the Coastal Development Permit Application for the subject project within the Sweetwater Authority (Authority) service area. There is a 10-inch water main on the west side of Hoover Avenue. Authority records indicate that there is one existing 1-1/2-inch water service (No. 29339), and one public fire hydrant fronting parcels involved in the project. Enclosed is a copy of a portion of 1/4 SEC 159/160 map that shows the existing water facilities. At this time, the Authority cannot comment on the adequacy of the existing system to provide fire protection for this project. As plans develop for structures, the Owner must submit a letter to the Authority from the appropriate fire agency stating fire flow requirements. Based on this requirement, this project may result in the need for new water systems or alteration to the existing water system. It is recommended that your agency work with the Authority to determine if the existing water facilities are adequate to meet the added demands prior to issuing a building permit. Any new water services, including domestic, irrigation, and fire, will require backflow prevention assemblies that meet Authority standards. If additional water services are required, the Owner will need to submit an improvement plan showing proposed water service sizes and locations; a plumbing plan (showing total fixture -unit count); and the proposed demand of water usage in gallons per day for each water use. If a fire service is required, sprinkler plans must also be submitted. /1 Public f Vgter Agency Serving National City, Chula Vista and Surrounding Areas Mr. Martin Reeder Re: Water Availability — 3202 Hoover Avenue, National City October 16, 2007 Page 2 of 2 If the Owner provides the required fire flow information, and enters into an agreement for water facility improvements with the Authority, water service can be obtained at an approximate pressure of 96 psi. If you have any questions, please contact Ms. Laurie Edwards at (619) 409-6758. Sincerely, SWEETWATER AUTHORITY Hector Martinez Engineering Manager HM:LE:ss enclosure: Copy of portion of 1/4 SEC. 159/160 map cc: Don Condon, Battalion Chief/Fire Marshal National City Fire Department 140 East 12th Street, Suite A National City, CA 91950 Mr. Steven Hall AT&T 3880 Murphy Canyon Road, Suite 200 San Diego, CA 92123 Mr. Todd Haggenmiller TENG Companies of California, Inc. 9191 Towne Centre Drive, Suite 300 San Diego, CA 92122-1263 Mr. Miguel Alvarez, Sweetwater Authority I.\enyntiev\AT&T Field Operation Center\Coat tr - Water Avail • 10-16-07 cane 26 200 100 0 Existing Water Facilities 200 Feet 27 Subject Project AT&T Building 3202 Hoover Ave National City 114 SEC. 159/160 • Fire Hydrants Water Mains Water Services •.w �.v. [�J�s .�:..... •..�.'.�nt'00' .n, J.'0llrs.n mr� Ott-29-07 10:37 From-619 767 2384 619 767 2384 T-274 P 001/002 F-927 fit FAX California Coastal Commission San Diego Coast Arca, 3111 Camino del Rio North, Spite 200, San Diego. CA 92108 To: Martin Reeder Phone: Fax phone: 619-336-4321 CC: Date: 10/29/2007 - Numbcr of pages inchding cover sheet: 1 of 2 From: Diana Lilly Phone: (619) 521.8036 Fax phone: (619) 521-9672 REMARKS: 0 Urgent ® For your review ❑ Reply ASAP ❑ Pkase comment COMMENTS ON CDP-2007-51: AT&T Field Operation Center at 3202 Hoover Avenue The site is adjacent to the Bannister Marsh. Development located within 100 feet of wetlands, or within 300 feet of the Mean High ['define (MHTL) is appealable to the Coastal Commission. The adopted post -certification map for National City identifies the Bannister Marsh as subject to tidal action (i.e.. it delineates a 300-foot boundary around the marsh). Because it appears that at least a portion of this project may be within the Commission's appeals jurisdiction, the applicant should perform a wetlands delineation, and confirm the MHTL in this area. The project as proposed would be located as dose as 25 feet from existing wetlands. Section X COASTAL ZONE DESIGNATION, Item B. 4. Marshland Preservation of the certified LCP contains policies regarding appropriate wetland buffers. Subsection c states "Appropriate buffers shall be determined for any new development on property adjacent to wetlands...with the concurrence of the State Department of Fish and Game. A 100 ft distance from the edge of the wetland shall generally provide an acceptable buffer. The required distance may be increased or decreased based on consultation with the Department of Fish and Game." Subsection d states: "Open space easements shall be executed over any identified wetland resources and their buffers as a condition of coastal development permit approval." Subsection h fists drainage requirements for development contiguous with the wetlands, including requires for directing drainage offsite and consultation with DFG. Subsection i contains landscaping requirements. (cont. on page 2) 2 H Oct-29-0T 10:3T Fro -612 767 2384 619 767 2384 T-274 0 002/002 F-927 Page 2 10/29/07 Without consultation with the Department of Fish and Game and an analysis of why a setback less than 100 feet would adequately protect the sensitive marsh resources, the proposed 25-tt setback from the wetland is not consistent with the LCP. Drainage from the site should be directed off -site, and all sedimentation controls should be reviewed by DFG. There should be a finding regarding no drainage into the marsh or wetlands during a 6-hour, 100-year storm, and a BMP plan should be a condition of the CDP. BMPs should cover both construction water quality impacts and on -going impacts. such as maintenance of fitters and parking lot sweeping. If grading is to occur during the rainy season, construction BMP should be designed to protect the marsh during rainstorms. Landscaping on the site should be non-invasive as a condition of approval. Lighting should be shielded and directed away from the marsh. Thank you for the opportunity to comment on the proposed CDP. If you have any questions, please feel free to call me. 79 Ac -'?= ° ?•^z s'61-5'S 75; 223't 5'2 7S7 i?9t --45i P 001/00' F-498 1'A-X California Coastal Commission San Diego Coast Area, 3111 Canino del R,o With, Suite 200. San Diego, CA 92108 To: Marton Rtcdet- Hone f phony 6J9-3::6-432. Date: 4/ 18/2008 Number of pages iucluding cover sheet: 1 of 2 From: Diana Lilly Phone. (619)521-8036 Fax pbone (619)521-9672 rtEM.kf.KS: (] Ur:;eut ® For your review 0 Reply ASAP ❑ Please comment CO'AME:NTS ON COP-2007-5l: AT&T Field Operation Center at 3202 Hoover Avenue Thank you for sending me the: staff report and environmental documents for this project. Commission staff continues to be concerned that the project proposes development up to 25 feet from existing wetlands. As you know. the certified LCP states "Appropriate buffers shall be determined for any new development on property adjacent to wetlands...with the concurrence of the State Department of Fish and Game. A 100 ft. distance from the edge of the wetland shall generally provid. an acceptable buffer. The required distance may be increased ur decreased based on consultation with the Department of Fish and Game " The proposed project includes numerous mitigation measures to reduce impacts to the wetlands resulting from the decreased biller, but avoidance of impacts should be considered first. It is not clear from the permit why the site could not be developed with a 100-foot buffer. The COP should include an analysis of hew the project could (or could not) be designed to accommodate a 100 foot wetland buffer. C.)nIy if provision of a 100-foot buffer would render development of the site truly infeasible should reduced buffer be considered. The LCP also tequires. 'Open space easements shall be executed over any identified wetland t esources and their buffers as a condition of coastal development permit approval." Has this been incorporated imo the permit? The permit should in ude evidence that Fish & Game has concurred with the proposed buffer reduction. -hank you for the opportuni'y to comment on the proposed COP. If you have any questions, please feel free to call me. tP...1moommm" .30 Martin Reeder From: Louis McAlexander ILMCALEXANDER@dfg.ca.govj nt: Tuesday, December 04, 2007 9:46 AM . o: Martin Reeder Cc: lbusse@waterboards.ca.gov Subject: AT&T Field Operation Center at 3202 Hoover Ave, National City Dear Mr. Reader. Asst. t'larrner, Notional City, The California Departmenr of Fish and Game (Department) has reviewed the project Biological Assessment And Jurisdictional Delineation (BAJO) dated August 29, 200 / for rhe ahove named project conducted by Pacific Southwest Biological Services (PSRS). The project proposes to construct three new buildings as an annex to rheir existing facility and pave the remainder or the property for storage. and parking purposes. We have also attached and Department comments regardinc: a p_ior project. ('Peyote Auto Storage Site) at the same location with PSBS. dated January 18, 2007 (sou attached). Thu 1)cputLrnenl has the following comments regarding the project. We concur with the conditions regarding the open -space buffer as proposed in the RAJD, with the following cxccptions/addilious: • The Department is concerned regarding Lhe amount ot surface runoff (and the .,mount of contaminants it will contain) that will he generated ciuc to paving the 4.92 acre project site and recommends, ar minimum a 50 foot open -space buffor to mitigate this impact. • Alternately, the Department recommends that a suitable pervious surface may be used on the project site such as decomposed granite (dy) that will allow ter to percolate through ir. In this case a 25 foot buffer, would be deemed acceptable s it was approved for the Toyota auto storuye facility; the previous project on the site), would he acceptable. • Appropriate RMPs should be utilized that will prevent toxic substances (o.g. petroleum lubri:.unls, etc.) trom being leached into the marsh system. • The project area will be appropriately sloped or otherwise modified with hinswalcs to dire,:l the bulk ot the surface runoff to the: month of the onsitc freshwater marsh. • We agree that a rc:>lo:ed or enhanced freshwater marsh system is appropriate Lot receiving surtace runoff, but the potential for erosion at the collection point should be minimized. to addition, work within the streamhed will require Department Notification and may necessitate a Stream Alteration Agreement 11602 permit), sue www.dtq.ca.gov/1600/. • Night lighting should be shielded away from the march system. This might be accomplished by veiling rhe open -space buffer fence lot adequate height) with a suitable opaque covering. • All plujecL related activities (including fuel modification or surface water remediation) must occur outside of r.ho open -spare buffer after the uppropriare native plant re.Luruliotr has been rnndrrrted. We appreciate the opportunity rn provide pro-CEQA input fox this project. Any questions regardiny the conunc-'nrs may ha directed to L. Hreck McAlexander .it (858) 467-4229 (or via email) ar the Department of Nish and Game. We provide the following e-mail string and the attached e mail as a partial record of the Departmurrt.'s pre CFQA involvement to dale since January or 2007 nn projects proposed at 13 1 his lira. We may have additional comments when wP review th_ CEQA document prepared for the project. as we learn more ahonr the proposed use of the site and of an understanding of how the project will address such issues as identified in our January 18, 2007, cotmueut s . L. Brock McAlcxander, M.`;. F.I l v i t o nmet t t d l SC l Pn r i G t ('A. Dept'. ot Fish t, Game Snnrh Coast Region (858) 467-4229 fax: 858 467-4229 Elizabeth Lucas 6/29/2001 9:21:35 AM >>• Michael, T have reviewed thy. dtawittys Mitch prepared. While T need more information Lo better understand their design and location, etc., as 1 said previously, we du trot. have the expertise to fully assess the efficacy of ISMI's to address the concerns we raised in our .January 18, 2007, continents about Lhe reduction ot tloodplain functions from paving adjacent to the marsh. When Mitcl+ first contacted DFG about the site, it was thought that. the proposed use dl that time"would he processed ministerially. Now, (as 1 understand ir.) the project will he processed as a discretionary action requiring Lhe preparation ot a CFQA document. Mitch approached us about the buffet for the marsh in the context of the CA. Coastal ConunissioiI'J (CCC) requirements tor hatters; the CCC often looks to CDVG and the iISFWS to determine whct.het a ptoposed buffer is adequate. We prefer to make: LhaL determination wir.h full knowledge of a project and of an understanding of how a ptojcct will address such issues as identified in our January 18, 2007, comments. ','hercfotc, since a CEQA document will hn prepared for the project, we would prefer to wait Lo :puke the determination regarding the buffer until we have an oppot.ulcity to review the project -related CFQA document and cunsidet the project in its entirely, including the BMPs and all other measures proposed to protect the marsh and the species rhar reside there. At rhar time. we w:11 likely suggest to rho CCC that they request the Pcgional Wat.i:t Quality Cuuttol Hoard's review nt the RMPs. Thank you. Libby Lucas r-:tatt Environmental Scientist NCCP Program California Department ni Fish and Game 4949 Viewridge Avenue San Diego CA 92123 Phone: 858 467-42i0 fax: 858 627-3984 e-mail: ELucas@dfy.ca.yov Marilyn J. Elulla:Ly Senior Environmental ';cienr.isr. (A Dept. Fish and Came South Coast Region 4949 Viewridgc Avenue San I)iuyo, CA 92123 858-467-42 it tax RS8-41,7-.7299 >>> ElizaL..Lli Lucas 4.13/2007 1:17:59 PM B2 Mitch, As we explained in our January 18, 2007, comments, paving ot the site poses potentially 'rgnificanL negative effects to the marsh as it will negate Lhe ability of the now rvious surface of the suhierr site to absorb and attenuate flood tlows. I would want Lo ,,.now: 11 what treatment system would be used: 2) where the system would he located and Lo where the t1ows from it would discharge (i.e., exact location); 3) how the surface flows Ito:n the sire would he directed to the treatment system; and 4) assuming that all the storm surface flows would be directed through the treatment system, how would the tlows be attenuated to avoid upland erosion (i.e., within the 25' minimum Nutter) or damage Lo the marsh. If the latter is not the case, where would the surtaro storm flows be directed and Low would they he adequately attenuated prior ro discharge to the buffer and/or marsh? Thank you for your continued coordination with us on this action. Libby "R M Beauchamp" ,miLch@p:;hs.rnm:• '/11/2007 8:06:00 AM >>> 1,ibby, The action by the City of National City is a Coastal Development Permit. IL is d ministerial action on a site that. previously was used for structural steel storage and this project proposal improves upon that prior use. As you can see in aerial photographs ot the site during Lhe prior use, the steel beams extended out into the marsh. The present proposal is a major improvement on Lhis situation and protects the marsh far more that was the case previously. The request from the site owner is now to pave the lot and control the runotf through a treatment system that will benefit the freshwater portion of the marsh. T will pose the question to Roger Post at the CiLy Planning Department to get his input on this CEQA question. The quest ion at hand, however, i st i 1 1 , how can the suggested conditions trnm your agency be modified to allow for paving to allow for the zone in<iusrri.;l use of the site! Thanks Mitch Beauchamp --Original Message m: Elizabeth Lucas fmailto:ELuaas@dfy._u.yov! J,:nt : Tuesday, Apr i I 10. 2007 7:04 PM To: K M Beauchamp Subject: Ire: Bannister Mats}1 south Mitch, I think 1 asked yn:t before whether the proposed action/use is being addressed in a C'EQA document. Tt Se -MC that, given tho sire's adjacency to the marsh, and particularly now that the site is proposed ro he paved, the proposed action/use would be subject. to CIZQA. Please let me know whether the client has consulted with the City to determine whether any discretionary action by the City is re<ftrired, which in turn would mean that it is subject to CLQA (though it may be exempt). Thank you. Libby "R M Beauchamp" •.mitch@@psbs.eont> 4!5:2007 41:48 Libby, PM I wanted to follow up on the request to review the paving condition on the Bannister Marsh south site. the client has; a lessor that needs to pave the site ro have appropriate use of this industrially -zone land. !'lease let me know how we can move forward with this request Thanks, Mitch Beauchamp '9 477 5333 "R M Beauchamp" <mitch8pshs.rom, 1/29/2007 4:08:29 PM hihhy, 313 Tho owner of the southern portion of the Bannister Marsh on Hoover Avenue in National City has finally settled on a lessor of the site. Tr is A T k T and they want to use the site for their fiber optics installation operation. They have a need to pave the site so that Lheir rolls of material are not mired in the mud following a rain storm. Your condition iuyardiny the setback for the marsh required no paving. it there any modifications that can Ire: wade to allow [or paviny What is the basis for not having pavinq...infilrration, asphalt reside runott? I had project that a dcLvntion basin would be requirod to contain the runott trom a 0.5 inch storm and then feed this into the upper end of the marsh to help sustain the freshwater system there. Also, It we put in a waLeL quality treatment marsh and removed the exotic palms there, do we need a 1602 SAA? The client will be moving onto the site in the winter but 1 don't want to waste this time ro resolve issues tor the City's Coastal Development permit process in putting the site back to use Mitch Beauchamp N.jcitic Southwest Biological services, inc. i4 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR PROPOSED MITIGATED NEGATIVE DECLARATION Project Description: AT&T Field Operation Center at 3202 Iloover Avenue (2007-51 IS) Applicant: 'feng Companies ofCalifOrnia. Inc. representing AT&T 9191 Towne Centre Drive, Suite 300 San Diego. ('A 92122-I263 Address of Project: 3202 Hoover Avenue, west side of Hoover Avenue, north of SR-54 and adjacent to the BNSF railroad tracks and 1-5, within the Light Manufacturing (M 1.-(7.) Combined General Plan/Zoning Designation, within the City of National City. Project Discussion The project site consists of two parcels, totaling approximately seven acres, located along the west side of Hoover Avenue, north of State Route 54 and adjacent to the BNSF railroad and Interstate 5. A spur of the railroad bisects the two parcels. The site consists of a large vacant area (north parcel) and two 2-story office buildings and a covered work area (south parcel). The northern parcel is adjacent to the Bannister Marsh. Currently, the southern parcel is being used by AT&T as a storage facility and a staging area for the installation of a regional fiber optic system. The use includes offices, materials storage and vehicle parking area. The southern parcel is currently vacant. The northern parcel was previously used as a steel storage and staging yard in support of the fabrication opt:rations formerly located on the southern parcel beginning in 1971. Previous hazardous material discharge occurring on the site included gasoline from underground storage tanks, and lead (lead dust) from railcar brake pads. The Department of Environmental Health has stated that the site has been adequately remcdiated and that there is no significant risk to human health based on current or proposed use of the property. The applicant proposes to construct three new buildings, and pave the remainder of the property for storage and parking purposes, in order to expand the existing use of the southern parcel. The two existing office buildings would remain, and the covered work area would replaced with a larger covered work area. New construction includes two 1,998 square -foot one-story office buildings adjacent to the two existing office structures, with a new 3,038 square -foot work area structure to be located west of the existing office buildings. The covered area would contain warehouse storage racks for dry goods storage and would have a metal roof. The northern part of the property is adjacent to the Bannister Marsh. The applicant is proposing conventional paving of 35 the lot to within 50 feet of the wetland, continuing with porous pavement to within 25 feet of the wetland. The project also includes a 25-foot landscape buffer, comprised of native vegetation, between the parking lot and Bannister Marsh. There are approximately 204 parking spaces and 32 light poles proposed throughout the entire project area. Environmental Findings: That the Mitigated Negative Declaration (2007-51 IS) has been considered together with any comments rcccived during the public review process, and that based on the whole record (including the Initial Study and any comments received) there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects the City's independent judgment and analysis. A copy of the initial Study documenting reasons to support the finding is attached (2007-51 iS), as well as a Mitigation Monitoring Program for the implementation of required mitigation measures. Mitigation Measures: 1. The marsh and buffer will be set off from the development footprint by a fenced 25-foot buffer along the southern boundary of the marsh as delineated and described by the Local Coastal Program Open Space Reserve (OSR) designation. The fencing will he a chain -link with slats fence of six (6) feet in height. The buffer will be excavated one toot on the marsh side to remove existing fill. This removal will result in a slope that will be day -lighted to the present elevation, 12 feet from the marsh edge. This slope and the remainder of the 25-toot buffer is to be ripped to a depth of 6-inches to allow for seeding and planting. 2. Install a fence with one lockable gate between the proposed use and the wetland buffer. Fhc fence must be adequate to prevent entry by humans into the buffer. Any trespass into the marsh shall he corrected upon detection. 3. Install signagc in appropriate locations along the fencing to explain the sensitive nature of the buffer and Bannister Marsh and to inform people not to enter. The signs should read "No Trespassing - Sensitive Wetland Arca". 4. All structures and active or passive uses within the butler, with the exception of the restoration and maintenance activities, shall be prohibited and prevented. 5. All exterior lighting shall he shielded and directed away from Bannister Marsh and the landscape buffer 6. All structures with a view of or within 200 feet of Bannister Marsh, including fencing surrounding the buffer area shall be topped with Nix-A-Lite wire to prevent raptor perching. 7. Design and implement a water quality treatment system at the north end of the disturbed area to treat runoff from the site prior to such Clow entering the Bannister Marsh system. 8. Do not include invasive plant species, as identified in the Invasive Plant ('ouncil's current inventory of invasive plants (http://www.calipc.orgiiplinventory/index.phri), in any landscaping proposed for the proposal. 9. The removal of exotic vegetation and replanting with native species constitutes an alteration of the drainage. A California Fish and Game Code 1600 Streambed Alteration Agreement from the California Department fish and Game will be required. 10. The southern buffer area is to be planted, by seed or container -grown plants, with native annuals and perennials implemented to provide forage habitat, cover and erosion control. The plantings shall he consistent with the recommended taxa list included with the Biological Assessment and Jurisdictional Delineation PSBS #U883, dated 29 August 2007, Revised 11 January 2008. 11. The eastern inlet arca is to be planted, following the removal of the exotic plants there, with Freshwater Marsh vegetation so that this area functions as a water quality treatment marsh. This will require lowering the northern area adjacent to the inlet a distance of 2 feet to allow for greater inflow retention time and to permit storm flows without eroding out the treatment plantings. Treatment Marsh plantings shall he consistent with the recommended taxa list included with the Biological Assessment and Jurisdictional Delineation PSBS #U883, dated 29 August 2007, Revised II January 2008. 12. Protection of all installed plant materials on the project site will be provided by temporary orange construction fencing installed along the edges of these features to protect all environmentally sensitive areas. The fencing locations will be approved by the Project Biologist prior to installation, and shall be installed around these areas prior to the beginning of vegetation clearing and grading. The fence will consist of orange snow fence attached to metal T-posts. All fencing materials must he a minimum of 4-feet high to prevent construction equipment and personnel from entering environmentally sensitive areas. The protection fence will remain in -place until restoration/enhancement activities are complete. 13. Restoration of the area within the wetland buffer shall include preparation of the area for planting native upland species, and shall include a Mitigation Monitoring and Reporting Plan (MMRP) with a life of a minimum of five years.'Me MMRP shall include steps for evaluation of the effectiveness of all mitigation measures, including the prevention of raptor perching. if the steps included herein, or addressed under Conditions of Approval of the associated discretionary permit (2007-51 C'DP, IS) are not effective, additional time and/or resources shall be attributed to ensure success of said measures. 14. Maintenancc of the buffer area shall include removing any non-native species that become established, replacing of native plants that do not survive, and temporarily imgating or watering the native vegetation to assist in its establishment. Maintenancc of the buffer should continue until the planted native vegetation persists without irrigation for at least two growing seasons. 15. Grading plans for the project should include conditions requiring measures to avoid direct or indirect impacts from dust, erosion and siltation. Grading should result in contour that does not allow for runoff into the marsh habitat other than through controlled drainage structures with appropriate hest management practices to removed pollutants. Best Management Practices (BMP's) will he utilized during construction to insure control of runoff and sedimentation. All grading activities will take place outside of breeding or nesting seasons of marsh habitat species. 16. The applicant shall demonstrate that no machinery fluids will be added or changed on the revegetation site or near the stream channel; refueling of machinery will occur within designated upland areas and only over areas with a non -permeable membrane installed to be noted on grading and building plans 17. A note shall be included on all grading and building plans that no dumping of debris or stockpiling of soil will occur in or near the Bannister Marsh. 18. On -going archaeological and paleontological monitoring shall be conducted during all construction and development activity that involves grading, excavation, or other disruptions to the surface ot, and/or materials at depth beneath the project site. 37 1. PROJECT TITLE/PROJECT #: 2. LEAD AGENCY: Contact: Phone: 3. PROJECT LOCATION: 4. PROJECT PROPONENT: Contact: Phone: 5. COMBINED GENERAL PLAN/ ZONING DESIGNATION: O. ASSOCIATED APPLICATIONS: Coastal Development Permit for a proposed AT&T Field Operation Center at 3202 I Ioover Avenue (2007-51 IS) City of National City Planning Department 1243 National ('ity Boulevard National City, CA 91950 Martin Reeder, Assistant Planner (619) 336-43I0 3202 Hoover Avenue, west side of l Ioover Avenue, north of SR-54 and adjacent to the BNSF railroad tracks and 1-5 (APN 562-220-28 and 562-330-24) Teng Companies of California. Inc. representing AT&T Todd Haggenmiller 858-678-0683 ML-CZ (Light Manufacturing, Coastal Zone Overlay) Coastal Development Permit (2007-51 C'DP) 7. PROJECT DESCRIPTION: The project site consists of two parcels, totaling approximately seven acres, located along the west side of Hoover Avenue. north of State Route 54 and adjacent to the 13NSF railroad and Interstate 5. A spur of the railroad bisects the two parcels. The site consists of a large vacant area (north parcel) and two 2-story office buildings and a covered work area (south parcel). The northern parcel is adjacent to the Bannister Marsh. Currently, the southern parcel is being used by AT&T as a storage facility and a staging area for the installation of a regional fiber optic system. The use includes offices. materials storage and vehicle parking area. The southern parcel is currently vacant. The northern parcel was previously used as a steel storage and staging yard in support of the fabncation operations tonne'ly located on the southern parcel beginning in 1971. Previous hazardous material discharge occurring on the site included gasoline trom underground storage tanks, and lead (lead dust) from railcar brake t tt Initial Study - rage Z of 1i; pads. The Department of Environmental llealth has stated that the site has been adequately remediated and that there is no significant risk to human health based on current or proposed use of the property. The applicant proposes to construct three new buildings, and pave the temaiuder of the property for storage and parking purposes, in order to expand the existing use of the southern parcel. The two existing office buildings, would remain, and the covered work area would replaced with a larger covered work area. New construction includes two 1,998 square -foot one-story office buildings adjacent to the two existing office structures, with a new 3,038 square -foot work area structure to be located west of the existing office buildings. The covered area would contain warehouse storage racks for dry goods storage and would have a metal roof. The northern part of the property is adjacent to the Bannister Marsh The applicant is proposing conventional paving of the lot to within 50 feet of the wetland, continuing with porous pavement to within 25 feet of the wetland. The project also includes a 25-foot landscape buffer, comprised of native vegetation, between the parking lot and Bannister Marsh. There are approximately 204 parking spaces and 32 light poles proposed throughout the entire project area. 8. OTHER AGENCIES WIIOSE APPROVAL MAY BE REQUIRED (AND PERMITS Calitirrnia Department of Fish and Game (Stream Alteration Agreement -1602 permit). ENVIRONMEN'I'AI, FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or is "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pagers. ❑ Land Use & Planning ❑ Population & !lousing ❑ Geological Problems O Water ❑ Air Quality DETERMINATION: (I o be completed by the Lead Agency) ❑ transportation/Circulation ❑ Public Services El Biological Resources ❑ Utilities & Service Systems ❑ Fnergy & Mineral Resources ❑ Aesthetics ❑ Hazards ❑ ('ultural Resources ❑ Noise ❑ Recreation O Mandatory Findings of Significance On the basis of this hiitial Evaluation: find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. 39 Initial Study - Page S of 16 I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I lind that the proposed project MAY have a significant effect(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or is "potentially significant unless mitigated." An ENVIRONMENTAL, IMPACT REPORT is required, but it must analyze only the effect that remains to be addressed. rzi Signature Date Printed Name MARTIN REEDER Title: ASSISTANT PLANNER EVALUATION OF ENVIRONMENTAL IMPACTS: I . A brief explanation is iequired for all answers except "No Impact" answers that are adequately supporiel by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to the project. A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards. 2. All answers must take account of the whole action involved. Answers should address oft -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts 3. Once the lead agency has deternuned that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, of less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence than an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an FIR is required. 4. "Negative Declaration: Less than Significant w/ Mitigation Incorporated applied where the incorporation of a mitigation measure has reduced an effect from "Potentially Significant Impact" to "I.ess then Significant hnpact". the lead agency trust describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier FIR or negative decimation. Section 15063(c)(3)(D). 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (c.g. general plans, zoning ordinances). References to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 40 Initial Study rage 4 of 16 7. Supporting Inliirntation Sources. A source list should be attached, and other sources used or individuals contacted should he cited in the discussion. S. This in only a suggested forrn, and lead agencies are free to use different lornrats; however, lead agencies should nonnally address the questions from this checklist that are relevant to a project's environmental effects in whichever format is selected The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and h) The mitigation measure identified, if any, to reduce the impact to less than significance. ISSUES with Supporting Documentation & Sources 1. AESTHETICS - Would the project a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources. including, but not limited to, uses, rock outcroppings. and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime Views in the area? Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ ❑ ❑ ❑ ❑ ❑IZI ❑ ❑ The site is situated in an mdustnal arca where scenic vistas arc not typically designed in to the project. Visually the site has limited views of Paradise Marsh and San Diego Bay across Interstate 5. Of the two parcels that comprise the project site, the northerly parcel is currently vacant and the southerly parcel is already developed The northern site contains Bannister Marsh. a scenic resource, although the project site rs located within an industnal area and surrounded by industrial uses. railroads and two major freeways. The architecture of the proposed office buildings is intended to match the character of existing development on the site (style, color, etc.), therefore, development of the site would have no adverse impacts to the visual character of the site. As part of the project, 32 light poles arc proposed to illuminate thc parking areas throughout the site. Although the majority of the poles are not in close proximity to the marsh, there are 11 within 100 feet of the marsh that could potentially cause Tight and glare impacts on wildlife in the arca. However. lighting generated by thc site would also he required to follow City ordinances requiring shielding of Tight fixtures to eliminate spillage onto neighhonng properties and public nghts-of-way; therefore, with appropnate shielding of the light fixtures, there would be a less than significant impact from the proposed project. (Sources• 1. 2, 4. 5) 11. AGRICULTURE RESOURCES In determining whether impacts to agnculniral resources are significant environmental effects. lead agencies may refer to the California Agncultural Land Evaluation & Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and taimland. Would the project, Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Inipact Incorporation 41 Initial Study - rage 5 of 16 a) Convert Prime Farmland, Unique Farmland, of Farmland of Statewide hnpimancc (Farmland). as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? h) Conflict with existing zoning fur agricultural use, or a Williamson Act contract? c) involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non- agricultural uses ❑ ❑ ❑ El ❑ ❑ 0 El ❑ ❑ ❑ National City is a primarily built -out community and there is no farmland mapped or planned to be mapped within the City, or more specifically on the project site. Also. the proposed project site is currently zoned for industrial use and has not previously been used for agriculture. No Williamson Act contract is associated with the land and there would be no impact to farmland. (Sources: 1, 2) III. AIR QUALITY Where available, the significance cnteria established by the applicable air quality management or air pollution control distnct may be relied upon to make the following determinations Would the project: a) Conflict with or ohstnict implementation of the applicable air quality plan'' h) Violate any atr quality standard in contribute substantially to an existing or piojected air quality violation? c) Result in a cumulatively considerable net increase of any cntena pollutant tor which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to suhstanttal pollutant concentrations'? c) Create objectionable odors affecting a substantial number of people? Potentially Less Than 1.ess Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ ❑ ❑ El ❑ ❑ ❑ El ❑ ❑ ❑ El ❑ ❑ 0 El ❑ ❑ ❑ The proposed project includes the construction of two new office buildings, a storage structure and paving. These uses do not typically emit any pollutants Although the trucks and other vchicks associated with the use would produce carbon emissions. the proximity to two major t ccways results in a very minimal, if any. increase in such pollutants. 1 he Regional Air Quality Strategy for San Diego County (RAQS) notes that the County is not in attainment for ozone and identities several control measures to reduce emissions. however. the control measures deal primarily with heavy indusuial and coimncrcial uses and design changes to specific products that will reduce emission, and not with building design. The proposed operations center would not emit any pollutants and vehicle operations would not violate any air quality standard or contribute substantially to an existing or projected air quality violation; therefore, there is no impact. The proposed project site is adjacent to a freeway, is surrounded by industrial development on two sides and retail automotive use across a collector street, with no known sensitive receptors in the arca. Also, the proposed storage facility would not traditionally expose receptors to substantial pollutant concentrations. As such. there is no impact. (Sources- 5, 11) 42 Initial Study - fuse fi of 16 IV. BIOLOGICAL RESOURCES Would the project. a) I lave a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or tegulatuons, or by the California Department of Fish and (lame (CUBG) or U.S 1 ish and Wildlife Service' to {lave a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local on regional plans, policies, and regulations or by the California Department of Fish and (dame (CUF(i) or US Fish and Wildlife Service? c) I lave a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool. coastal, etc.) through direct removal, tilling, hydrological nntemrptron. or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use ot native wildlife nursery sites' e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance'' f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conunurrity Conservation Plan, or other appioved local, regional, or state habitat conservation plan.? Potentially Less Than Less Than No Significant Significant w! Sigoificaut Impact Impact Mitigation Impact Incorporation ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ❑IZI ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ According to the Biological Assessment and Jurisdictional Delineation (dated 29 August 2007 and Revised I I January 20U8) prepared by R. Mitchel Beauchamp of Pacific Southwest Biological Services, Inc., four vegetatiowhabitat types were identified: f)ismnced I labitat, Freshwater Marsh and Southern Coastal Salt Marsh (including Salt Panne). No sensitive species were observed or detected al the feature of adjacent southern 4.92 acre parcel during the survey. However, two sensitive vegetation communities occur on the property, t c . Freshwater Marsh and Southern Coastal Salt Marsh. These two communities within the drainage feature are extremely isolated and small in area and very heavily infested with non-native plant species An ephemeral stream flows across the properly and the western portion of the marsh is tidal. The property is subject to the City ot National C'ny's Local Coastal Program; however. the City is not a participant of the Natural Comminutes Conservation Program and, therefore. not involved with any Multiple Species Conservation Program (MSCP) Plan I he area is not considered a federally protected wetland, nor is it part of an adopted Habitat Conservation flan Likewise, development at the site would not conflict with any local policies or ordinances protecting biologtcal resources. The southern parcel is a storage yard and staging area fur AT&T employees fur the irstallution of a regional fiber optic system. The applicant would install additional storage structures on the southern site and expand the parking to the northern pared up to the Bannister Marsh; the applicant is proposing to pave to within 25 feet of the defined marsh boundary. The last 25 feet of paving is proposed to he a pcnncahle asphalt material or porous concrete that supports vehicles and stored matcnals, yet allow; for water to dram into the lot fhe edge of the paved area would be fenced with chain -Ink with slats to create a visual harrier between the march and the project site The fence, as well as other structures on the project site within 200 feet of the marsh arca. would he topped with Nix-A•I.ite to preclude raptor perching A capture system will he included in the buffer to intercept any nrnnff not accommodated by the pervious paving and run through a swalc system pnor to entering the upstream end of the on -site drainage feature and marsh system. Furthermore. the proposed project includes a 25- font wide buffer zone including enhancement plantings, fencing and exotic plant removals Based on noted design and mitigation measures noted above, and based on information referenced in the Biological Assessment, there would he a less than significant 'impact to biological resources. (Sources: I, 2, 6, 8) 43 Initial Study - Page 7 of 16 V. CU1: fliRAl, RESOURCES Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in Section l .SO 4.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064 5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature'' (1) Disturb any human remains. including those interred outside of formal cemeteries' Puteutialty Less 1 han 1.ess Than Vo Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ ❑ ❑ El ❑ 0 0 El ❑ ❑ 0 El ❑ ❑ 0 IZ No historical, archaeological. paleontological or other unique resources as defined in Section 15064 5 are known to exist on die proposed project site. However, a hill investigation of the property is yet to he undertaken the project site is located within the Sweetwater Flood Channel. m between two sites where cultural resources were identified as part of then environmental review (Proposed C'ostcu on Plaza Bonita Road FAR and Harbor District Specific Plan EAR) Given that only minor. if any, grading has occurred recently. there is a likelihood that cultural resources may be disturbed during proposed grading of the site or as part of the niarsh resioranon activities l o this end, mitigation measures will be required to address this possibility. Specifically. a Condition of Approval will be pan of the permit requiring ongoing archaeological and paleontological monitoring during grading activities Discovery of such resources would also require notification of all appropriate local Native American organizations. In the event of the accidental discovery or recognition of any human remains during construction or grading. the applicant shall take all appropriate steps as required by relevant federal, state, and local laws. (Sources: I, 5) VI. GEOLOGY & SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss. injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the arca or based on other substantial evidence of a known fault'' Refer to Division of Mines and Geology Special Publication 42. in Strong seismic ground shaking' in) Seismic -related ground failure, including liquefaction? iv) Landslides'' b) Result in substantial soil erosion or the loss of topsoil'' c) Be located on a geologic unit or soil that is unstable, or that would become unstable a.s a result of the project. and potentially result in on of off site landslide. lateral spreading. subsidence, liquefaction or collapse'? Potentially Less Thaii Lcas Than No Significant Significant vv/ Significant Impact Impact NI Motion Impact Incorporation ❑ 0 0 ❑ 0 ❑ El ❑ 0 0 ❑ ❑ 0 El ❑ ❑ 0 ❑ ❑ 0 El 44 Initial Study - Page 8 of I6 d) Re located on expansive soil, as defined in Table 18-1-R of the Uniform Ittiddrng Codc (1904), cleating substantial risk.s to life or property' c) 'lave soils mcapahle of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water'? ❑ ❑ ❑ ❑ ❑ ❑ The site is generally flat at an elevation of approximately 15 feet above sea level, except at the north end where an ununpioved drainage channel traverses the north edge several feet lower than the rest of the site The site was previously used as a steel fabrication facility Stnictwes used during operations have hccn recently demolished with the exception of the two office structures. concrete slabs, asphalt pavement, a railroad spur, fencing and scattered debits. Geographically, the site lies within the fhnodplaur of the Sweetwater River, approximately one mile east of its terminus at San Diego Hay. Sods on site consist predominantly of sand and silty sand, with lesser amounts of sandy silt. clayey silt and some clayey sand. 1 he developed portion of the lot is currently completely paved and would require no grading or landtorm change in order to construct the proposed office buildings. Conversely, the undeveloped portion of the project site is vacant and has no vegetation upon it. Proposed plans include complete paving of thus vacant area, including porous pavement and a bio swale to offset potential increased flows Minor surface grading was likely performed as part of cleanup activities of the north parcel and there is evidence of some undocumented fill in this area. An Updated Geraechnical Investigation (Project No. 07703-42-02). dated September I I. 2007, was performed by Gcocon Incorporated - Gcotcchnical Consultants. The report cites that there is a potential for lateral spread, liquefaction settlement or seismically induced dry settlement due to seismically induced liquefaction Ilowever, Cieocon considers this unlikely to cause catastrophic failure of structural improvements Additionally, new construction conducted in accordance with time minimum requirements of the Uniform Building Cndc should minimize damage due to seismic events The proposed project site would have traditional sewer laterals, which will connect with the existing sewer system that serves the City. There would he no use of septic tanks or alternative waste water disposal systems. Given the limited construction and grading proposed, and minimum construction requirements, there are no anticipated impacts associated with the project proposal. (Sources: 1, 9, 13, 14) VII. HAZARDS & IIAZARDOUS MATERIALS Would the project. a) Create a significant hazard to the public or the environment trough the routine transport, use, or disposal of hazardous materials'? h) Create a significant hazard to the public or the environment through reasonably toieseeablc upset and accident conditions involving the release of hazardous materials into the cnviroinuent? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials. substances, or waste within one -quarter mile of an existing or proposed school'' (1) Re located on a site which is included on a list of hazardous materials sues compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment' Potentially I.ess Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ ❑ ❑ ❑ 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ 45 Initial Study - I'agc !f of 1(, e) For a project located within an airport land use plan or. where such a plan has not been adopted, within two miles of a public airport or public utic airport, would the project result in a satety hazard for pcoplc residing or working in the project area'' t) I or a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area' g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or suuctures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences arc intermixed with wildlands? ❑ ❑ ❑ El ❑ ❑ ❑ iz ❑ ❑ ❑ El D ❑ ❑ El the project site was previously used as a steel storage facility that included underground tucl storage tanks. San Diego County Department of Environmental Health records show that all underground tanks have since been removed and that the site has met all cleanup goals established for the site (Underground Storage Tank Case H1108382-001) There are no hazardous materials associated with the proposed parking and material storage facility; theretorc. there is no potential for accidental discharge of hazardous materials There is no significant impact related to hazards and hazardous materials. (Sources: I, 2, 10) Vlll. HYDROLOGY AND WATER QUALITY Would the project. a) Violate any water quality standards or waste discbaige requirements'! h) Substantially deplete groundwater supplies or interfere substantially with eroundwater recharge such that there would be a net deficit in aquifer volume or a towering of the local groundwater table level (c g , the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or arca, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on• or off -sits? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the source of a stream or river. or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -cite'' e) Create or contribute runoff Nato which would exceed the capacity of existing or planned stomiwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality^ Potentially I.ess'I ban Less 1 hao No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ ❑ ❑ ❑ 0 0 ❑ ❑ ❑ El ❑ ❑ ® ❑ ❑ 0 ❑ ❑ ❑ ❑ca �b Initial Study - Page 10 of 16 g) Place. housing within a 100-year flood hazard area as mapped on a federal blood I1a7ard Boundary or Flood Insurance Rate Map or other flood hazard delineation crap? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, Utility or death involving flooding, including flooding as a result of the failure of a levee or dam" 1) Inundation by seidie, tsunami, or mudflow? ❑ ❑ ❑ El ❑ ❑ ❑ El ❑ ❑ ❑ El ❑ ❑ ❑ El The proposed project IS suhfect to state and local stortnwater requirements including appropnate design features that adequately address water quality discharge requirements; therefore, there would be no significant impact. Also, the site is located in an urbanized developed area and includes appropnate construction and permanent best management practices that would nut significantly impact, or otherwise substantially degrade, water quality. The entire project area is approximately seven acres with part of the properly already paved and or developed (the southeily two -acre portion). The northerly 4.92 acre portion is proposed to be paved to within 25 feet of the defined marsh boundary. with the last 25 feet of paving proposed to be a permeable asphalt matenal that supports the vehicles and stored materials. yet allows for percolation. Therefore, there would be no significant impact to groundwater recharge in the area. !he Biological Assessment identifies areas of both saltwater and freshwater marsh at the north end of the property. The majonty of Bannister Marsh is Southern Coastal Salt Marsh with a small area of 1 reshwatcr marsh at the eastern end. Nu alteration to the drainage of the marsh aura is proposed, only the removal of exotic plants within a 25-foot huffcr of the marsh and new native plants to enhance the buffer. hm accordance with Best Management Practices, the site design includes the use of drainage shales to avoid runoff and to intercept any runoff pnor to it entering the upstream end of the marsh system. The proposed paving also includes the use of porous asphalt or concrete for a 25-foot arca adjacent to the vegetative huffcr, designed to allow water to pass through the surface into an underlying gravel storage bed and eventually into the underlying soil, thus reducing the potential lot runoff, (liven these mitigation measures, any impacts would he reduced to a level of less than significant the federal Emergency Management Agency (FFMA) Flood In.urancc Rate Map designates the project area as being the AL zone and subject to inundation by the 100-year floral, and with a base flood elevations of approximately 16 feet As the project is located within the 100-year flood area, there is a likelihood that, in that event, runoff would exceed the capacity of existing or planned stonnwater drainage systems, particularly with additional paving decreasing the infiltration rate of stoi mwater. However, due to the limited frequency. this would he a less than significant impact. The project would involve construction of rwo office buildings, a covered storage arca and parking: no housing is proposed as pail of the project. Additionally, the site of the new buildings is already developed, therefore there will hr no significant impacts regarding impediment or restrictions of flood flows. The arca is not within a failure arca of a levee or dart; therefore, there would be no exposure of people or structures to any significant risks associated as such the site is also located more than a mile inland from San Diego Bay and outer water features that would create the natural disasters mentioned above: therefore. there is no impact (Sources: 1, 2, 6, 11, 12, 15) IX. I.ANI) IISI & PLANNIN(: - Would the project: a) Physically divide an established community' Potentially Less Than I.est Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ ❑ ❑ 47 Initial Study Page 11 of 16 h) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not (united to the gencial plan, specific plan, local Coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? ❑ ❑ ❑ El The proposed project site is in an urbanized area adjacent to a freeway, is surrounded by industrial development on two sides and automotive commercial use across a collector street, therefore there is no impact as there arc established communities nearby. I he proposed project site is an industrial zone as designated by the (:ity's (jeneral Plan. The proposed office, storage and parking uses are typically allowed through an administrative permit l lowe 'er, development of the site requires a Coastal Development Permit (CDP) since site development is proposed within an area of retained Coastal Commission permit jurisdiction. Specifically, the I-ocal Coastal Program implementation document requires a CDP in the case of development within 300 feet of the Bannister Marsh or of significant change in landform (page 41). There are nu specific plans in place for the project area. Furthermore, the project design and mitigation measures (pages 10- 12 of the Biological Assessment and Jurisdictional Delineation prepared by Pacific Southwest Biological Services, Inc.) are in conformance with marsh preservation policies, as specified in the City's Local Coastal Program land Ilse flan; therefore, any impacts are reduced to a level of less than significant. (Sources: 1, 2, 4, 5) X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a kriown mineral resource that would be of value to the legion and the residents of the state'' h) Result in the Toss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or otlrei laud use plan? Potentially Less Than Less 1 hart Nu Significant Significant vs/ Significant Impact Impact Mitigation Impact Incorporation ❑ ❑ ❑ ICI ❑ ❑ ❑ !here are no kroHn regional or locally -important mineral resources on the proposed project site, therefore, there is no impact. (Sources: I, 9, 13) XI. NOISE - Would the project result in• a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposuie of persons to or generation of excessive ground borne vibration or ground borne noise levels'? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase n ambient noise levels III the project ririuity above levels existing without the project' Potentially Less Than Less Than No Significant Significant n/ Significant Impact Impact Mitigation Impact Incorporation ❑ ❑ ❑ ❑ ❑ ❑ EJ ❑ ❑ ❑ ❑ O CI El 48 Initial Study Page 12 of 16 e) For a project located within an airport land use plan or, where such a plan has not been adopted. within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels' f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels'' ❑ ❑ ❑ El ❑ ❑ ❑ El While the proposed project arca is in an urbanized and industrial area. it does not tall within an arca of the National City General Plan Noise Contour Map subject to elevated levels of ambient noise. In addition. the project will comply with requirements of the State Building Code and City ordinances with regard to noise for office and storage uses. This requirement will be incorporated into project structural plans. and therefore there is no significant impact to neighboring properties. The project, as an office, storage and parking use. would not typically generate noise levels or ground borne vibration in excess of local standards to affect neighboring properties. Additionally, the site is surrounded by industrial uses that typically generate higher than noimal noise levels and also by two major freeways (State Route 54 and Interstate 5), both of which generate in excess of 70 decibels. the extenor noise limit for development in the area. The associated grading and constniction on the project site would create temporary noise impacts Modern construction equipment, properly used and maintained, would generally meet the noise limits contained in the C ity's Noise Ordinance. All noise generated by the project would bc required to comply with the Ctty's Noise Ordinance. Upon completion of the project, all noise from the project operations would be required to conform to the City's Noise Ordinance, and because construction noise is temporary and due to the close proximity of the site to major freeway noise, no significant impact from the project would occur. (Sources: I, 2, S. (i) XII. POPULATION & HOUSING - Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, tluough extension of roads or other infrastructure)'' h) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere'' Potentially less Than Less 1 han No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ El ❑ ❑ ❑ ❑ ❑ ❑ ❑ 0 The proposed project includes the construction of approximately 7,034 square feet of offices and storage and parking lot paving. with no new nifrasincnrre otf-site. In addition, there is no existing housing on the project site. While unlikely, the project does have the potential to bring in additional workers to the area. Yet. any population growth expected from die project would bc negligible and result in no adverse impact or population growth as a result of this project (Sources: 1, 2) XIII. PUBLIC SERVICES Potentially Less I'han Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered goverruneutal facilities, need for new or physically altered goveriuncntal facilities, the constriction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response time: or other performance objectives for any of the public services. 49 Initial Study - Page 13 of 16 Fire protection? I'ohce protection'' Sc hoots' Parks' Other public facilcucs'' ❑ 0 0 El O 0 0 El O ❑ 0 El O ❑ 0 IZ O ❑ 0 IM The AT&T facility is an existing industrial use, currently served by police and tire. The proposal does not increase the use. rather it provides parking, additional office and storage space for the existing use. There would be no additional need foi Nemec', thereture there is no impact The proposed project would not result in adverse impacts to City parks or other pubic facilities, as the project includes the construction of two small office buildings and a storage building, with no residential components. As such, there is no impact (Sources• I. 2) XI-V. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recieational facilities such that substantial physical det noration of the facility would occur or be accelerated? h) Does the project include recreational facilities or require thc construction or expansion of recreational facilities which might have an adxerse physical ettect on the environment? Potentially Less Than Lesa Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ ❑ ❑ ❑ ❑ ❑ 'the proposed project is the construction of a held Operation Center with no recreational component that would create no new demand on local recreational facilities, theicfore, there is no impact. (Sources. I, 2) XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic which is substantial in rclatio') to the existing traffic Toad and capacity ot'the street system (i.c., result in a substantial increase in either the number of vehicle trips, thc .olurue to capacity ratio on roads, or congestion at intersections)' I)) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency fur designated roads or highways') c) Result in a change in au trallic patterns, including either an increase in traffic levels or a change in location that results in substantial satcty iisk..s' (I) Substantially increase hazards due to a design feature (e g , sharp runes ur dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access' Potentially I.ess Than Less Than No Significant Significant wi Significant Impact Impact Mitigation Impact Incorporation O 0 0 ❑ ❑ 0 E9 ❑ u ❑ ❑ ❑ ❑ El ❑ 0 ❑ IE 's0 Initial Study Page 14 of HI 0 Result in inadequate parking capacity' g) Conflict with adopted policies plans, or programs supporting alternative transportation (e g , bus turnouts, bicycle racks)? ❑ ❑ ❑ El ❑ ❑ ❑ El Based on information supplied by the applicant. the prujcct would add approximately 560 average daily tnps (A1).11, apptoxinrately GO of which would be 'erv•ice vehicles. with the remainder being employee personal vehicles. there are 15 service vehicles anticipated as pan of the business operation. Including the field employees and the operations staff working on site, there is expected to be a total of 90 to 100 employees. The applicant has stated that each service vehicle is expected to pertorni two or more round trips per day, with each personal vehicle performing one or more round trips per day. Hoover Avenue, with a nght•of way width of 2i0 feet, is classified as a collector street in the National City General Plan Circulation Element. the project proposal includes two 38-foot driveways accessing the north ponrn of the lot and a 25-font driveway accessing the south portion. In addition, there is through access between both sides of the project area, allowing total accessibility for emergency services With regard to parking storage and office use typically requires much less parking than a commercial or residential use the project proposes over 200 parking spaces. far exceeding Land Use Code requirements. Since there are no bus routes. bicycle ways or any other alternative transportation networks existing or proposed in the project area. the increase in vehicle tnps would not impact alternative transportation. Based on information provided and teld observations. the City'I raffle Fnginccr ha.'.stated that Hoover Avenue should have ample capacity to support an additional 560 AL)t and continue to operate at an acceptable level of service; therefore, there are no anticipated traffic impacts (Source;' 1, 2. 15) XVI. UTILITIES & SERVICE SYSTEMS Wo11k1 the project a) Lxcecd wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects'' c) Require or result in the construction of new storm water drainage facilities of expansion of existing facilities, the cuusuuction of which could cause significant environmental effects? d) Have sufficient vtatcr supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed'' e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing coumuuuents? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal nears? g) Comply with federal. state. and local statute: and regulations related to solid waste? Potentially I.ess Than I its Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ ❑ El ❑ ❑ ❑ The proposed project would he designed and constnicted to (test Management Practices (HMI's) to appropnatcly handle wastewater and not exceed wastewater treatment requirements of the San L>icgo Regional Water Quality Control Board• therefore, there is no impact 51 Initial Study - Page 15 of 16 The proposed project is located within an urbanized area and served by existing water facilities. Although there arc adequate water supplies available for the existing operation on site based on existing resources, project conditions would include cooperation with Sweetwater Authority. the service provider, to ensure sufficient systems continue to he made available on - site. Also, all necessary improvements have been included into the project and construction will he undertaken in accordance with the National Pollutant Discharge Llimination System (NPDES) regulation., therefore, there would not be a significant adverse impact Also. on -sue drainage facilities that are adequate to handle the effects of the proposed construction as iequired by City ordinances will be employed. The proposed project site would be served by EDCO, the local waste collection and recycle company. EDCO has a contract with the City to handle City solid waste disposal need... According to El/CO staff, the company utilizes several landfill sites for the disposal of waste collected in National City, with the most common being Otay Mesa, Sycamore, and Miramar I andfills Lach of these sites has ample capacity available; therefore, there is a less than significant impact. In addition, the proposed project wuuld comply with all federal. state, and local statues and regulations related to solid waste (Sources- 1 . 2. 15) XVII. MANDATORY FINDINGS of SIGNIFICANCE a) toes the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species. cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community. reduce the number or restrict the range of a rare or endangered plant or aiuinal or eliminate important examples of the major periods of California history or prehistory' b) Does the project have impacts that arc individually limited, but cumulatively considerable' ("Cumulatively considerable" means that Mc incremental effects of a project ate considerable when viewed in connection with the ettecs of past projects, the effects of other current projects. and the effects of probable future projects)? c) Does the project have enviionmcntal effects which will cause substantial adverse effects on human beings. either directly or indirectly' Potentially less Than I.ess Tlian Nu Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ ❑ ❑ ❑ ❑ ❑ No significant impacts to the ern ironment a.. a result of this project have been identified. Approval of the project is not expected to have any sigiuticarit impacts, either long-term or short-term, nor will it cause substantial adverse effect on human beings, either directly of utdiicctly. 52 Initial Study - Page 16 of 16 REFERENCE SOURCES: Reference # Document Title 1 2 3 4 5 6 7 9 10 11 12 13 14 15 National (lty General Plan City of National City Municipal Code City of National City Local Coastal Program City of National City Design Guidelines A I & 1 field Operations 1 acrlrty Project flans (Exhibit A -Revised, (acc File No. 2007-51 CDP, dated 10/2/2007) Biological Assessment and Junsdretional Delineation PSBS 0.1883. dated 29 August 2007, Revised 11 January 2008 11pdated (ieotechnical Investigation Project No. 07703-42-02, dated September 1 1 , 2007 ll S I i,h X Wildliti' Service Wetlands Online Mapper California (1roln^.ic Survey 1)epartment of I oxic Substances Control 2004 1 ncnnial Revision of the Regional Air Quality Strategy tor San Diego County, July 2004 California Watci Plan Update 2005 SanGIS Interactive Mopping Co. of San Diego Department of Environmental I lcalth wcbsite Comments frorn National City hire, Police, Public Works, R I:ngineenng Departments and Sweetwater Authonty Available for Review at: National City Planning Dept. 1243 National City Boulevard National City, CA 91950 http://wetlandstws er.usgs.gov httpr/;www consrv.ca.gov http:Uwww.disc ca gov http./'sandiegoheaIth.org http://www.waterplan.water.ca.gov www.sangis org www sdcounty.ca gov/deh National City Planning Dept. 53 ATTACHMENT"A" MITIGATION MONITORING AND REPORTING REPORT PROJECT NAME: Coastal Development Permit for AT&T Field Operation Center. PROJECT DESCRIPTION: Expansion of existing use to include two new office buildings, a storage building and paving for vehicle storage. PROJECT LOCATION: 3202 Hoover Avenue, National City, CA 91950 CONTACT PERSON: Martin Reeder (619) 336-4310 CASE NO: 2007-51 IS ASSOCIATED CASE NO: 2007-51 CDP APPROVAL BODY/DATE: Planning Commission PROJECT PLANNER: Martin Reeder. Assistant Planner No. Mitigation Measure The marsh and buffer will be set off from the development footprint by a fenced 25-foot buffer along the southern boundary of the marsh as delineated and described by the Local Coastal Program Open Space Reserve (OSR) designation. The fencing will be a chain -link with slats fence of six (6) feet in height The buffer will be excavated one foot on the marsh side to remove existing fill. This removal will result in a slope that wad be day - lighted to the present elevation. 12 feet from the marsh edge This slope and the remainder of the 25-foot buffer is to be ripped to a depth of 6-inches to allow for seeding and planting. Location in Document Proposed Mitigation Measures - Biological Assessment Responsibility Signature/ Phase of Comments for .:. Date Implementation Implementation Completed Applicant Fencing and buffer to be shown on grading plans. Improvements to be completed prior to Final Inspection by Planning. Install a fence with one lockable gate between the proposed use and the wetland buffer. The fence must be adequate to prevent entry by humans into the buffer. Any trespass into the marsh shall be corrected upon detection Proposed Mitigation Measures - Biological Assessment. Applicant Improvements to be completed prior to Final Inspection by Planning 4. Install signage in appropriate locations along the fencing to explain the sensitive nature of the buffer and Bannister Marsh and to inform people not to enter. The signs should read "No Trespassing — Sensitive Wetland Area . All structures and active or passive uses within the buffer, with the exception of the restoration and maintenance activities. shall be prohibited and prevented. 2007-51 CDP. lc MMRP 1 Proposed Mitigation Measures - Biological Assessment. Proposed Mitigation Measures - Blological Applicant Applicant 2/26/08 Signage to be shown I on landscape plan. Improvements to be completed prior to LFinal Inspection by Planning. Buffer to be shown on landscape and grading plans -140. *; t ,'' Mltigatlon•Measure • - < . • Loc ti in ; -; - Document:' ',' • •• Responsibility:, . ' foS :: . . Implemeritat(on Signature/ .: ;Date , : Completed •Phase of : •• implementation . Cotctrp�snts;`, 5. All exterior lighting shall be shielded and directed away from Bannister Marsh and the landscape buffer Proposed Applicant Mitigation Measures - Biological Assessment. Fixture type to be shown on lighting plan prior to Building Permit issuance. Installation to be completed prior to Final Inspection by Planning. 6. All structures with a view of or within 200 feet of Bannister Marsh. including fencing surrounding the buffer area shall be topped with Nix-A-Lite wire to prevent raptor perching. Proposed , Applicant Mitigation Measures - Biological Assessment. f I Improvements to be completed prior to ' Occupancy/Final Inspection by Planning. 7. Design and implement a water quality treatment system at the north end of the disturbed area to treat runoff from the site prior to such flow entering the Bannister Marsh system. Proposed Mitigation Measures - Biological Assessment. : Applicant Design to be shown on grading plan. 8. s Do not include invasive plant species. as identified in the Invasive Plant Council's current inventory of invasive plants (htto://www.calipc.orq/ip,'inventorv/index.php), in any landscaping Proposed Mitigation Measures - Biological Assessment. Applicant All plant types, methods of planting, etc shall be shown on landscape plan. I proposed for the proposal. 9. The removal of exotic vegetation and replanting with native species constitutes an alteration of the drainage. A California Fish and Game Code 1600 Streambed Alteration Agreement from the California Department Fish and Game will be required. Proposed Mitigation Measures - Biological Assessment. Applicant Provide proof of necessary permits prior to grading. 10. The southern buffer area is to be planted, by seed or container- grown plants, with native annuals and perennials implemented to provide forage habitat, cover and erosion control. The plantings shall be consistent with the recommended taxa list included with the Biological Assessment and Jurisdictional Delineation PSBS #U883, dated 29 August 2007, Revised 11 January 2008. Proposed Mitigation Measures - Biological Assessment. ' Applicant All plant types, methods of planting, etc shall be shown on landscape plan. 2007.51 CDP, IS MMRP 2 2.'26/08 No. ' • . Mitigation Measure - Location in • • Document • - Responsibility. ' for Implementation • . Signature/ • . •,k:''- Date: :':Completed. . , " :.Phase of implementation .,;. Comments.. 1 1 . The eastern inlet area is to be planted, following the removal of the exotic plants there, with Freshwater Marsh vegetation so that this area functions as a water quality treatment marsh. This will require lowering the northern area adjacent to the inlet a distance of 2 feet to allow for greater inflow retention time and to permit storm flows without eroding out the treatment plantings. Treatment Marsh plantings shall be consistent with the recommended taxa list included with the Biological Assessment and Jurisdictional Delineation PSBS t$U883, dated 29 August 2007, Revised 11 January 2008 Pr000sed Mitigation Measures - Biological Assessment. Applicant All plant types, methods of planting, etc shall be shown on landscape plan. Iniet design to be shown on grading plan. 12. Protection of all installed plant materials on the project site will be provided by temporary orange construction fencing installed along the edges of these features to protect all environmentally sensitive areas" The fencing locations will be approved by the Project Biologist prior to installation. and shall be installed around these areas prior to the beginning of vegetation clearing and grading. The fence will consist of orange snow fence attached to metal T-posts. All fencing materials must be a minimum of 4-feet high to prevent construction equipment and personnel from entering environmentally sensitive areas. The protection fence will remain in -place until restoration/enhancement activities are complete. Refer to Mitigated Negative Declaration document Applicant Fencing location to be shown on grading plan. Provide proof of Biologist approval prior to grading. Inspection of fencing required prior to grading. 13" I Restoration of the area within the wetland buffer shall include preparation of the area for planting native upland species, and shall include a Mitigation Monitoring and Reporting Plan (MMRP) with a life of a minimum of five years. The MMRP shall include steps for evaluation of the effectiveness of all mitigation measures, including the prevention of raptor perching. If the steps included herein, or addressed under Conditions of Approval of the associated discretionary permit (2007-51 CDP, IS) are not effective, additional time and/or resources shall be attributed to ensure success of said measures. Proposed Mitigation Measures - Biological Assessment. Applicant i All plant types, methods of planting, etc shall be shown on landscape plan. 2007-51 CDP, IS MMRP 3 2,26'08 • ` Mitigation'Moisure • • , . _. Loc, n .in. Document: . Responsibil4yr. . • for : . Implementation .-Slgnature/' :.Dote :,.. 1ComOletid • • - •;5;•P.hasp:of : . Inipigmentatlon .• .• < ;:- . . . om rnothts :. ',• 14. Maintenance of the buffer area shall include removing any non- native species that become established. replacing of native plants that do not survive, and temporarily irrigating or watering the native vegetation to assist in its establishment. Maintenance of the buffer should continue until the planted native vegetation persists without :rngation for at least two growing seasons. Proposed Mitigation Measures • Biological Assessment. Applicant All plant types. methods of planting, etc shall be shown on landscape plan. Ongoing. 15. Grading plans for the project should include conditions requiring measures to avoid direct or indirect impacts from dust, erosion and siltation. Grading should result in contour that does not allow for runoff into the marsh habitat other than through controlled drainage structures with appropriate best management practices to removed pollutants. Best Management Practices (BMP's) will be utilized during construction to insure control of runoff and sedimentation. All grading activities will take place outside of breeding or nesting seasons of marsh habitat species. Proposed Mitigation Measures - Biological Assessment. Applicant Grading plans shall include conditions, BMP's and grading schedule 16. s �' The applicant shall demonstrate that no machinery fluids will be added or changed on the revegetation site or near the stream channel; refueling of machinery will occur within designated upland areas and only over areas with a non -permeable membrane installed to be noted on grading and building plans Refer to Mitigated Negative Declaration document Applicant Staging, servicing ' and operating areas for machinery utilized during grading to be shown on grading plan. 17. A note shall be included on all grading and building plans that no dumping of debris or stockpiling of soil will occur in or near the Bannister Marsh. Refer to Mitigated Negative Declaration document Applicant Note to be included on grading and building plans. 18. On -going archaeological and paleontological monitoring shall be conducted during all construction and development activity that involves grading. excavation, or other disruptions to the surface of. and/or materials at depth beneath the project site. Refer to Mitigated Negative Declaration document Applicant During grading and construction activities and ongoing. 2007.51 CDP. IS MMRP 4 2/26'08 City of National City ENVIRONMENTAL ASSESSMENT FORM 11 lI 'I If!.'I1(,I) \(.I.I 'I'.\';J'.•, 11 It G`. fi);rn t' IJ)<'(1 (J �;'\111II (;t4-'(il('rv!r("ll l.i;71 II,!! r!: 1 I 'I ttc; rhl L ) , ) .I ,. 1H- 4l 1 r'(l Tl. , i\'�'I� r L'1f 1(.( h'-•' ill, `r; )!r ( I '( It. I(.': i li ?a `I . '. 1 ..11 i !\-Ii.l(: `,l)()l II. ' )[ ' ',)Il ';(`,_ \I_'ll• cf. (..;11Lnr11.i :��(1P.''• '.�(,i-� i:! .1�',E-�`, 1�1: ('r vir{tl11Ia f:i,11 I(r'.f`.if 11 ..;II .ir'•.-C., Ilrl!r•r1i Or•:J•_._i, i)'.IV:'r • r.tl '.jU. .:t ri';!1 .irr' IC:.'Jr. (I .111,'rI:-I•(J .•4111 'r',aji ,',•.I\' l.'l_J;-.I 'l! .(1 ft'i f- r,,.'I I1); 11Ii1- :,it ,7.11y. I`. 1;1 \'''I( flil_LI"'_l Tt I'' is .''rr Ir1•-I'I'i' 'f .I�,: rli•:I'' llt- trdl .'.ri:)`,\' III"I'.':1: ,II '.111'I ICf •, 'l ) :II If 1,1„ l'l'�'.'r.'-:J iil,lf :'..,r I'.l(I-r; .l'. J `i.1-91J1 .Ii.(J llOf i. '.I Ir.11 rrtrll':.': ai (JCI('rr!';r1 \v11! ;art I 1•FrIrl t1't ('rl);lrl 1. !I:'. !< n•i�')II�'1-; Ir)r rhr rlrnir%; II;,S It-arl >tI ;'I:,r.i(: ,rn:+,.vlur11', ,1 '.•:).' irtr PROJECT PLANS ,ir q_1.1 Pk( 1FCT SCI IEUULF. AT&T Systems Applicant — — — — 3880 Murphy Canyon Rd Suite 200. San Diego. CA 92123 Casey Brown Property Ownc I rd.,I • r — 110 West A St . Sine 110. San Diego, CA 91101 3207 Hoover Ave.. Ndtlonal Crty, CA 91950 562-220 28 562-330-24. 562.330-32. 562-330-44 (858)492-5530 (858)292-7493 N 'h1975@att.cuin (619) 234-4667 i. I'1Lt r (619)234-4311 FJxrf casey@bd-inc cum 58 i'(Oi)()),-(1 f l:r-(Sj "I(t(_J(l, [:,. rl:cllra �Fr'!lel f'roposed use is as a parking area with accessory storage and office space Two new manufactured offices consisting of 3.216 square feet of will be added to the property as well as paving on the north portion of the lot. f )til!-r Pei,,fe•cl l'; (Il'I.: 1,L'SI ,1f1.1 111 )l l'f F' If 1� :)'i q'; r(>1:Irt:ri I;('rrrli;•, put_Ik . I�?�l(11•. �!I ('ri. ilr,:'r1 f.4 ll ll'. t. II .( fi !Chi I. I {f 11; ;r., r !i� l fi l� f)', l '�'' Kl'i-jIut I�if '.i-ir - I! id Coastal Zone Planning Permit is required No other Regional. State or federal permits are known to be required 1{ Le' rr • /\.l It.'i !C1. If:I I, NI el' if it i�- Incremental development may include separating north and south lot development into two phases CL-ML S1i 11 r 301,697 7.676 00 i l :I 1. it(. -.!.'�, :i JC'Ilr \;ti Jl f1_,r,"iI __ _- !i (1!.IO(!I', r`r r. 'aq .1 2 7i ;‘,fi `.'f-rl I , If k'I 197 693 11 . ri G1. n�:il \.I ...ec.,'.r:lrriL I, ai: .._ ,. r.�qr' 59 136,600 00 4 ()I P,ff!,.ir',zi I ( ,Ir,c1;nr Ir yiS I 'Alit Itycl ( 61.000(X) I() Ma-Ixicrd 1-1,-•!ilt it, 1.`f 11,10. • ;.i: 1 :71 I i If Residential NU, f ;bel Ma', 8 IfcornmercdI TY.Pt -•• t rrif )y•:-‘(s \ IQ It Industrial OtfiLe / Parking yry, [(f Dt-r 13° 20 If It )stitutiOnal kl.c)r r tic ,f-! ;)er h•tr 4 00 F it,.11 Pr H.e R1 ijy VI., r .1. it 7.676 00 / I It it lc pron. t •.1 1..1)1 •L PM! PF )7\!I /( PLAI\I Ary:ENDmi Ni.•)l-C:. 1)P/12101A:11 N I V WIC : ja 17.( Coastal Development Permit is required Work may implicate environmentally sensitive areas 60 ARE 1HE FOLLOWING I fFMS APPLICAB11- I( ) 1HE PROCJCT OR IFS EFFECTS/ ,\ (1 .) YES '.10,1 fl I' )(1c: ‘.1 . 2? t=i;,0-.. I ??? I( 111 ,r't ? ti of jrk)( ( t Fir ;,:;(_- vr),.:\ r, ?("1., Ci .): 21.• (>1; rit in! C(•,!, \ Ul t(sr 27 • (iii cl[ ; .2. If 1. ' '') CT, tut in •„,`,...tit't ti:•• 11_;;J,r lc) ttn, Vit. II ,tt ,i: •••••) •\ ,.;1-t1.[. .I;. c.-! ••et.,:it n, ;is(' ‘.11)1, !Kir i') i.,[ ,L.: p)..)re '•(.) o;rt r. hV.d tjr:).•'-‘. tt! :1 (11..nof • ,: . (), fi .1 r Jut .3 )(2.;Ir(' II1C. 'A'. it, p. rt. , I •?,. C_):1',)•1,1!-!1,-11 , it., ' : Or! it 'J.1 !!:•1('Llt 0,11 3 I r!vir • .rIn.r..f PJ.fl (FIR) hor..11 (•(-1 t,)! r2: )((1;11.(''. Jen', ti) ( !1 J( i (fly ()t C. I's,- •i. !;( rtr ; !(,•• k III lf rt. t It ,f,• YES NO 61 ENVIRONMENTAL ITING PC".;i•illy 1!I: l `jE'(1 �:t�, i1\ :f '/�'J''./"I(..'i- li t' Ii ..�(i �(I'I.I''I:'_I . .I.:I `7 ���;. r, lrl II'JI'd L If I�` id - .;d r1(I (I `(If ;(J,:I',r. 1 { Jll1f,'I r :.. , 11 Lir ,.1 1: 1 I,P ,. `.111I >i.1i)Ilillf l!` .lf .'.� .i1 y . ' I'il .:I 1''., . 1' L,II (-•I (" 11; . 1Ia'( (`• '. r'a I J':` ,I1.'l( 1 tA,:J. 111(I. (}f tY'( car' •Ji II.'.`-' 'r: d. i�!(i nip : ISi .7/(i ;C'/h'.i Property inclrldes a portion of the Bannister Marsh located on the north side of the lot Lot currently has two office area structures and a four posted rain cover/con shade L) 'S(I,I.(' !h(' ,_:I,O';;n(!if uuit,I;Pr;;rC. rr i(irlrr.l If: •(•.,'i'()n Om, IiI, II lIC l' ru .tr Jr,. lr, is I ; ;J` ', ` j' ' �' lti't Fn,: 1., •t-(i :1')�r.:lr r � f�, r • llld: ll"� I, tl, t-1( I In, ,l:;i`V u( I,lrl(i ;!: I'.If .'�I('-!; 1116I'; .II ).l'I(I �' ill ''.!�1 :I�i ,_-!(. I 11 1 •]III ,ll (JCVPI: `I l'-nr:1 t Il tr•I(-ih4. II _'t lr, i(JC. S(-t I ).',i {.. f('. t; •:. 11'i. i I( I / ),.'-'J tr' :r;,.l; :L:C !/l' Adjacent properties all include commerual and industrial uses No plant. animal, cultural, historical or scenic aspects noted aside from existing Bannister Marsh on north side of the property 62 C R-1 IFIC_ATION eri lu• I ) Jf ;() fh.r. ri y(! pyr.lhir ; enr ,if tnt•_•[ (11,1;iur oroir,•(1 h) tro,. ,11:,!1.y. 1(.; rh,1 frp.• -r ,.ir Jr 1 It il;)Tf1,iItl if \( : • trt- I 1m:1 of )\.` 1t-(1- Tam) I\ A (761i/MiLL. F- Pi6N1 .` Person Who C( )Iced Applic,ati( Jr' 57-61A5y3 47-1/ I viNT ‘..1( "Ws rl ,,! Appfir <int u . • `,.r `' io"1- 9./ Co —07 63 NATIONAL CITY, CALIFORNIA COASTAL DEVELOPMENT PERMIT APPLICATION Make checks payable to the City of National (.•ity 1 ile application with the: National City Planning I)epartincnt 1243 National City Boulevard National City. California 91950 (619) 336- 1310 1. Applicants information Applicant's intornlahtm 1-(1R DIiPARTM1[N f t!SI.. t )NI.Y Date ReccRed _ Ck/61 ReceRed By A'si nrd i • (as Fite Number (.) 4001 - .� 1 c.i Filing I ee b 37 39 Rcccipt No E.A.F. Required - I ce $ Rcviccung Body Planning I )cp.lnnicnt _ Planning ('unwu,Niun _ _ ('rty Conn,il Appealable to ( Cunlnu.,u,n" YLS ✓ Ntt -111 irons nu»Ac 1 ,. rth ' to he I,vrt/i,',1 by 54211 Agent's Information Name ATh, Narttc TN w r lr� _,f California, Im � )� Address 3880 Murphy CAnyr,ii I+d]. Su.V_ 200 Address 9191 To.n' Cenrr I), '- . Suico 300 :>.�n friHyn, eA 921: 3 San Diego. CA 9?I Phone_ a,a) 1v;-titi<n Phone '"''"' Signature Cceven Hall.— �f����i—`Signature Todd H-a`-ta''n ^r 11_.- FAX NO. _058129.>_. iv{ FAX NO. trial '113 C3:[ Date __90-c7 Coastal Development I'entut Application Revised Deceinbet. 1997 Pat!e I ot4 Date 6 4 2. Agent's Authorization 1, AT&T Systems . hereby authorize Tenq of C.12 ilutn1r to act as my agent and to hind me in all matters concerning this application. -02 Signature of Applicant 3. Property On ncr(s)* Date Present owner(s) of all property included in this application MI IS If SIGN HERE: (attach extra sheets if necessary) (we) the undersigned declare that 1 (we) am (are) the PROPERTY OWNER(s) lord hereby authorize the below sw,ned applicant to act as my (our) agcl or the submi of necessary apt m-rrratcrif— t S gnature ofOwner(s) t Signature dfLhS.ner(s) Name nt :'�, : r,,r nt.t Name ATi.1 y:.r Address Ccnl t c nr the >1111 , ,1111 Phone Signature _ Date Address 388C Murphy t'3nyr,n M1., Suite 200 San Diego, CA 42 I .' t Pllttile : Br,e) 192-r:h t•1 4. Project I,ocation Address 32022 Iloovc.r Ave. Nari nra; ('it y, to 91950 (between Int At -sr its- Assessor's Parcel Numher(s)" 7'0' and Highway r,1 220'28, 5h2.110-14. 3-. 562 130 41 Lot area (square feet) 301 • °::' i Existing use rt ,or Use - Ste,-.1 storage and t iht'irat inn y.l r.1 Adjacent uses 1er.n11 Sales. 1nd•.tstrinl Zoning* Light M.,nut),'r.it ,:t� I ('P (I. and Ilse Plan) Designation' r",,,C.11 .^.nb Area II I ,.' . ,.. 01 ?.c.n,. Coastal t)c%cluptm•nt Permit •lpplic.nton Re%ised t)cce,i bei 1'197 Pave 7of 1 65 5. Project Description Name of Proicct A & r L. opt. t. speed FOC Describe development proposal, including incidental improvements (t.c., street improvements, utilities, etc.): Tenant's. i,tto improve thN prnperry pi,,,- tde addit lona1 r'.i•...d I,.ik urj spaces and UfTTce space.-Tt�Ft1 n.. err uiatsl les Gt T1e n7-711 ^,idv _,t Tt. buf t,rc.•_Ide.l between the new tmprn••eneltnut P r-Aga ii he Iandseaped will n.trr, p!,uls that will help rn'stet.• tlr: vtrr,nmenta1 he..l-h f tlr• •n,it_h. A new tense 'will hr inrt ',11cd to titocK access .and inr,n,:,on utto the maish. A l or.c nq mn, . j�c wi 11 be instt led—r- New tmprwernrr. . ur..l uTJ , Craved rh Jot._._f e. rt- - 1 ind,a'.,h Utt; ,ud se' r rrn.ttiq '.t anuf act fur,-0 L, u1 nq:1„t' I 1.e pterm.ii_ntly installed on the nol rh of tli'_ south lot. Imr:rnv.m.nt-, wi_1 provide 197 paikingsp„r;: oh lilt' cutire lot If land division. state number of proposed parcels. parcel sizes, etc.: N_A _ -_ Project height F• a , �.l i r,-J 24 f t . Building coverage 7. sq.tt. Parking (no of spaces) I'' Paving coverage 13c_6o0 ----- Still. Grading required'' 'rep (if yes, attach details and plans) Diking, dredging, or Idling of open coastal waters of wetlands? NG• KM' " ,,ly (if yes. attach details) 6. Attachments s" nrt1(-•usc Proofufapplicant's legal interest in the property. Project plans. folded to t{ 1'2" x 1 1 ", including site plans, flour plans, elevations, grading and drainage plans, and landscaping plans. (20 sets of project Mans arc required for coastal development permits that involve Planning Commission action. Fur permits requiring only Planning I)epaiinucnt approval. d sets are required). Detailed description (if any, front No. 5 above). Coastal Development Permit Application ItevisettDeccmhet, t997 Page 1,-t4 66 7. Certification `t' " ".11 hereby declare that the foregoing is, to the hest of my knowledge. true and correct and understand that failure to provide truthful and accurate intbrinattuu necessary to process this permit application, or to provide notice as required, may result in delay in processing the application or may constitute grounds for revocation of the permit requested herein. Coastal Development Permit Application Revised December. 1997 Page 4uf4 Signature of Applicant 67 vc,, 8nikrs attrti aa.4,rn i er•:2 is ,s nut Cal.ed:: Res Lest* w Amerk MA wIM DIsAb.141. A.L S,r.ce LampLyin:a aunt U.t AntetcJ's ran U .i et AI IADA, a dope Vent .Jaen Lessee's ape:, S WA of Imo Prenkler. n.0,4. rn; e•,Nay i tepse+11ntslwn II b *Atilt*: to not '1N P•cmites CON, ref ens. n a+y genie, Iecisa!! . k T!'e evert Y21 Lestei 6 use of The F';vn•set mows* nOCOICARp s a asebsts W t,e Plan-oes e, woo! to L. ,n ;.DA Lanpr n z. Lessee 6l•,rccs'_ males an, ..o•!. ,.e.esto.y,n(c- cabwn rc•c, adi.bo•n at Lessee's eep.na. .ESSORANU LESSEE ILAVE CAPiCu:: V ;IF AD AND FEMEWED THIS LEASE ANC EACH TERN AND PROVLSILN CONTAINED HEREIN ANC UY THE EXEi:UDC*. Of TICS LEA SE SHOW THEW INFORM-0 AND VOLUNTARY COeGEttl T1'ERET3. THE PARTIES HERE!Y AGREE THAT AT THE TIME THIS LEASE IS EXECUTED. 'IHt TtJWS OF HES LEASE APE COLt'IERCF:ILY P.EASJNAJLC AND EFFECTUATE THE INTENT AAO PURPOSE OF LESSON ANU LESSEE Y.1TH RESPECT TO D,: ,RCI.V.tt ATTEITTIQFL NO REPR60RN TATION OR RECOMMENDATION IS MADE BT THE AM COMMERCIAL REAL ESTATE ASSOCIATION OR BY ANY BROKER AS TO THE LEGAL SUF MARRY, IU:OAL EFFECT. OR UU( CO$ !CUeNCeb Of nits LEASE OR THE TRAN.SACTIOM TO WHICH R RELATES. TEN! PARTICS ARE URGED TO I SEEK ADVICE OF COUNSEL. AS 1 O THE LEGAL ANO TAX CONSUOVENCES OF THIS LEASE. 7 RlTAIN APPROPRIATE CONSULTANTS TO REVIEW AND INYESTIGAIL 111E CONOFi ON OF THE PREMISES SAIV IIIVeST3CATtON SHOULD INCLUDE CUT NOT EE L1MVTED TO: THE POSSIBLE PRESENCE O: HAZARDOUS SUBSTANCES, THE TONING OF THE PREMISES THE STRUCTURAL INTEGRITY. THE CONDITION OF THE ROOF ANO OPERATING SYSTEMS. AND THE SUITABILITY Or THE PREMISES FOR LESSEE'S IUTEHDED USE. WARNING'f THE PREMISES 1S LOCATED IN A STATE OTHER THAN CALIFOFtH A. CERTAIN PROVISIONS OF THE LEASE MAY NEED TG BE REVISED TO COMPLT W1TH THE LAWS OF THE STATE RI WHICH THE PROMISES IS LOCATED. ire aan•ts ne•tIo rave a. cute0 In . I ease rtN Out ant on :Se dams soe't, a:c..l rtet Ies.W.-ms• Ay"a:Wes Ft1:JteJ a: C•e 4.0 a• Or. By LESSOR. :r LCSS=E. BL cc-llnercial Reeity :.1.•_. A _al Ltonlie A:a'. 1o^,1cec Inc. a L:olavnl'e tm.itc iabi lit ey a,. (ZiNAA+ V' 14:-1A P'w•,tta Cat'E1 BrC,.T. _ Nano ,• *rod el Ancia Co laad BUSar 1.te ems:tar _ Tay r-rector, Ccnpor ze Heal Estate BNTursrr B) P. _!_•R _Z2. 34.°►/ 'vane Pe•,ted In;e ___ —.!L1N .t3 K., r<. . _ .. ---_..---,_.-- Adareas 119_tioSC_A, it Tett ...Suite 11', __ Atdvts :QV )I atOCe047, Rco.o 110 br.—Dieopt V`_ '...='. .. __ .....-. _.__._ ..__ .. __ . _Alhambra, CA 91301 Telepnon.(GI 9I :14.46C7 Tes, 1 A25) ?Ce. L.O< ._...__. _.. _. 1.2c*.ly:f619; 2A4 ..I Ill ,asn,te i62b; 3U0-l:i2i._ Feder*: ID No FeerN.D Ns 9A•C1.S53S BROKER BROKER: Grub!) 6 ?'?:niBPS L',,r:nrrcla. CT! El.chs.rd El1Ls inc AIM D'alr:n L'cdd. _,. Arm ea,Liv Prawn / Pun Borne11L Address 4 3 ::V 1.,es Jolla t_t114‘9.t.Jr1.se,_Ste. 20.0 Address 436$ b7Ltauti.ve DLL,.,. S.sitr: :600 San D.teeoL CA 92122 _., _ San Elaao. LA 711ii Tnespsprele S3) c:6 505` _..._...___._—_ Teee.nne'1058) 5 �6.}G60 Far i,ft l Faa-.a 445E1 546.39°5 _. :t44n1 ID No Falco: IC No NOTICE: Thew loads ere eMn mod,Md to meet <ha9.ging nleorellseINI Y: Ia9A lint and Sv, needs. Always sent. or cal! ID rake .oAe you an ateLeVng tho moat spew some AIR Ce.nseercW GUM Estate Aseet,skon, 600 W fla Bbset. Soft* gO . Loa Assaetes, CA tOetT. 1.1.1Nrom. leo WTI 610417 V. Pax NO.: QIN 111174516. MITULLS C.pyr.0nt 200, .By AJR COmnwrtlsl Real Latete AssoclabOn Aq 9ia7.U. leseaYal. No pan of Noss roach, may be reproduced In Any form without IHonismors HI writing. PAGE I7 OF 17 t 2001 - AIR COMMERCIAL REAL ES I A I G ASSDCIAt ION 4i5/1 FORM STNJ HOSE 68 Martin Reeder From: MOORE, CHRISTINE R (ATTSI) ICM9485@att.com] nt: Wednesday, June 04, 2008 3:04 PM Martin Reeder Cc: BOLLES, PETER (ATTSI); Haggenmiller, Todd Subject: RE: 3202 Hoover Ave Importance: High Hello Martin, Phase 1 will consist of improvements to the lot we are currently occupying including permanent security lighting, scaling and striping the paved parking area, fence repair. motorizing the gate and general cleanup. We are not constructing any buildings in Phase 1. Phase 2 would consist of improvements to Lhe northern lot including paving, lighting and landscaping/revegeration, and the proposed buildings on the southern lot including the 2 office buildings and larger storage building. Please let me know if Lhis language is satisfactory. Thank you, Christine Moore Director of External Affairs AT&T California (h19) 237-3340 kfci Ammisoti- at&t PROPOSED FIELD OPERATION CENTER HOOVER AVENUE F.O.C. SNDGCA20 3202 HOOVER AVENUE, NATIONAL CITY, CA 91950 GENERA. • OTE5 50..E 1••OR• I 1: PLANING IVEO •r•.e .•mow +yam Jw NFi. eel. ... •. :IX;Y elfS�C •.F J.4. ssn•. • w v. r ▪ •..+ .uw•l••.. • • • • y n.afMA f(Y 11•J3 TOWN M/. .M. •«• • M. ••..l . •O.. •.. Ta•JRI. 1 .. r. r• ▪ "u+ ...O.W.•••.•O GRAAING INDES •[rE RC'F LRC.,•ECTIAly ti. ti n. sWV. n .DVS wI.. M VOL •ASr A•IY(• i A � 61.••••••• r.O.O•M f. • .RC,ECT CIREC'OR• YIN M . OAS '•« .:CAT•ON N•. O•. 41. •- "4 , .,• STE-EGO.].LLN • 0 1 A • SI EtiD _•• • TENG N • , ,r.t •l..•. ••• c. o •r•l• •Ad•.. at&t CORPORATE REM. E3TATE "WO Or3 AVENGE r 0 C :q; N'OpQI .,D&( .•c 7,k c,- C• I.$SO :•AV COVER S:IEET _.i mod. jig.:. ._ , p;aitRa9�bsi s� �5t�Q� •� ! �tmt,p.�. |i , il'� WO��� f■1 ;i �R § ■|'|i% II4|!QT|!/! m'c'mc•%daa.����c'■ §-:is2si|01:�$i ti||i■■sis \ qi` t %:|�, R & @N |■ Pt . '|Lkr r i �i , : % l :_ .111rt i % ip iNH i / , a 1 /1 t - , • 1--=1- :-.-_---':--,=-: ... '-:, •.", : - _- ,, , , - • . ,, ' .. 0 .\K ' . - , 7. ,- - .- ...,... • .. , .......--.0 " , . -, \•.(,, - \" - ,-- T • .... -.-,. ).,...., , 4.c . ' . ).•• `f.-. , ',....-• ' ‘, ....-•• • -- *1 4 1-E' RAD1`1_ E : :r, Co•JTPIDL • ` • . •••• . • k • • • AUL • .M1, • •••• • •• 144 •• .` um I - 1.-•••• TENG ••••••••••••••• Rt21114•2 , •21.41,13,042 • ONO • 1111. •••• 0. en. •••••••1 at,t ZCAPCRAT1 .` /VAL LSTAM H70 /ER A ZENUE F C C 310: •x,. .50 -.GRADING RCSIN c:NTROL AND ERA:NAG: - 41.1 OD t } 1 • { o�jh I 4 a I I t1 1 f; \' , 1 I X 1i A,' i• ,ta l 1 • tt! O 73 I• - - ... .ay, Cj.aryl,t `cc .c.. .aC• 'c.r . !��• -- 1 • ��' :C ' :; -I, i r1 • SITE PL:.•.; wzSE i• 7. RN1041 . V"YaLMF 1111111.1111 m EMITIorts.V•412.'" to at&t :C3.FoRA'E RE'.. ESTA'T HO::V'ER AVE.vUE T 0 3.C2 +JJ-t+ •v:�ut ..rpm C'r' U •-t C SITE FLAN i !Ir. r1J•,I-14,' ••�� [� A• 7=I 4•—t ♦♦i0./ 60 F:.l::s - Nrd 31I � •N, '••V:Y 4 Y. r, d 30Nfl.:: '714'aod�ic) 1�1e :^ • • Y0Y.:6J.. 4.01V. 'r. .ILt!i• f N`�i•• ONEl .r N'ti ��Wl�•y. •`W;�v, J,. .. .1 - • >r. • —i i.n••` a'mw s34.�r.s. ik s3_0,. H 111. •N •_ _1S L. L 1T { PLAN' `, j MATEFIA- E +CE \C`-:,NICSCAP :IG CI -AN L lJN i:Nl,:_ :rI"H'; IN.L SLATS AL TE T,ATE c'FE='11y: TENG f •r •ww K c... • 1� W DDD• D('LDhiK 1P-O' ��DDDDD Vr a'at COUJwTt FELL ESTATE H=7V_R AVENUE F •CMe n;.0 ..e:va :^ .. 9 9% SCREEN TREATMENT — rr. • .0.• • ,z,,..0•0•”.:04 !NW. STVI3C Y"-.d .JNY •:Yr:dui ,er• ! .0 .0 •01,. j• zry:3,e, 311.:13 7,3? 1212 r..•=4 310'111 •••••••• 1•••• =NM. ••• u: • .4,4 es. .0 • re .1I31 C. .10.0 .e.) • • .1. • • Lei ••••••••••••:. • • ••••••••.-•-•••••••••• ON31. ,•:•.-;•13 37.‘.37c • r, I •-•-ft I .•, r.1.,4%-ao 11 - 4 • I \ •-;c: lifty kh` N.10.4jal .-To 4 ..1••• • w \ 0. C gLzi.! 40•:=." 1.10.0.4AT1M1. .--ncs 0 \ 01 JD : . , ••••••••,.. :,•!-•-•••••••• 0..s0,...)41. _._. 411.1•0•?•••1 • • 3 r, • 1 LPOR �_nr� E•IS'raG E R=caG .:(RST F.COR 3 3.LCvGSDE EL="%.T0. • 2 r1DC; P_ar.] E,.IsT r G LL L:' lc •5Eccr,o r OCR 4 FLC::,R PLG•. PROPCSEC C=F,CE 3. LC \:, 5 =;aPOSLU :]°pi'E 6:11L r.r.:;']id] ] QfN1V W TENG ] f •x�••C •f/M1 . • 1 Wftr X/t,'.t.' tM•"^ , Y•I RSE SATE CO "dL&t c tsre-'E H2:VER AVESCE ? _• C ::(: •;:.L• .r...i �}att ;MP. P:AN'S d .V•0:]•_1AR —• B'.I1DI'0 S:P'-aT'ON r. • • 1; IS is STATE OF EXISTING SITE TENG ..as.r•Yw DO. Muso.' .0-Y, . `"-• COR?CRA'E ate.. REAL �IAZ 1,1C12.VE..V.'ENJE ? J C ))o: ',..rcr.a T. -i .• %. SATE OF EXISTING SITZ Wimmims M4NYC'19:1•4J•4 • er• R. STATE OF EXISTING SITE TENG ..•••••r • On NW ww I(WOU ..-•04'IOE v r I III•• tl"3. D ILL/• au paw 148/11611°14— atst CCR➢)RATE RGL ESATE Ov i AVENUE F 0 C ::o: . ,.. .•:x, .Nw �.§"ATE OF YJSTN.1 rrr SITE •13144 4 "MN .w•• i(Ql -:. .1I . ri 7 , 7 - I , • • • : 7 • - • •%/.44, • ., • - •••ti'aus • • ' ••,1 •.; 64 .4 •7•.•: r • • • . • D'Vbf• .L ••,..).( 0 • • • • t • •••: • • • • • • • • • • • • • ..... , .-,- . .. • • .' ...... . ,. ,• •••• '1 . A' ... . • ..._.•• •• // 44 • I 4 '''• .. , 1. , • OD .2 ........'...... ..• • ......, ..... ... • ., . ( \ -_ • • . 4 . . , ..- . . .:: --. .. ' . • • ‘..;7..4 . ' \ \ / ... -.' . „•-.. • .... . / ; r ii.4.4.. 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MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT June 17, 2008 AGENDA ITEM NO. 20 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE CITY'S PRELIMINARY BUDGET FOR THE 2008-2009 FISCAL YEAR PREPARED BY Jeanette Ladrido, CPA Finance Diredi__ EXPLANATION See attached report DEPARTMENT Finance x 4331 Environmental Review Financial Statement N/A .]L N/A Account No. STAFF RECOMMENDATION IApprove the resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution A-200 (9/80) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE PRELIMINARY BUDGET FOR FISCAL YEAR 2008-2009 BE IT RESOLVED by the City Council of the City of National City that the preliminary budget for Fiscal Year 2008-2009 is adopted as submitted by the City Manager, as modified and recommended by the Finance Committee, and hereby presented to the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Manager is hereby directed to prepare a final budget to be presented to the City Council for adoption which incorporates all budget modifications approved by the Finance Committee. PASSED and ADOPTED this 17th day of June, 2008 ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor (l FY OF NATIONAL ( 111' BUDGE!' ANALYSIS R1 Ft ND ALI. FINDS, PRF:I.IMINARY RI.I7GFT FISCAL YEAR 20Utl09 Fired Furn1 Balatict Pin)trltd In1er1,und Projected Fund Dilative Number F'wn1'ML. 0.71011200i Reorniii Transfers Expenditure. 06/30/2009 • /01 General 1 and l lode. rvuak'd Balance 7,143,915 5,x011,515 General Fund ('onitio,rney Reserve 7,300,000 9,000.000 General Fund • Od+r Reserves 3.123.733 '.156.870 Total Geiser al Fund 17,767.64R 39.112171 (1,684.310) 38.030, 114 17.265_185 103 I:corral Capital Outlay Fund 17.682 t 7 n87 111 1 ihrnry Fund 697.886 I,067_ t70 1.(55.115 10) R,rks Mauticnance Fwd - x07.14to r.111 1,1741,4 108 I.'h,,ry Caprul Outlay 231.900 118.200 29v. ton 50. 7n0 109 (ins Taxes Fund (516.748) 1,?01.400 (781.6110) 136.119 (151.467) I10 Fnrrycncy l4ep41c,hes. rr'd 43.808 43,808 111 P.( )S T Fund 14.604 7h3xx) 75,00) 11,691 113 CWttual Ans Fred R5.312 • 85,81.. 115 Part h Rer Capital Outlay fluid 6708'0 2181X81 (10.0)X)) 1.232 887.05% 120 Plan (I I.,n )(evolving farad 1;!91 2/1,811) 225.000 48.093 125 Sewer Semis' Fund 574,198 7.141,8(8) (75.'80) 7,008,8'15 632.394 130 F.MT • D Revo(vme Fund 619,552 313,2I0 159.718 773,034 111 Asset Fnrinnuo Fund 451.711 130,41 o 584.113 116 1 iuy TOl Claus Fund • 4.300 4.300 115 Juvenile Education 6.256 6.158 10) 154 State Public Lrbraty Final 33.949 17,s83 16.166 158 1.vmarung Pool Resuls imp, Furvl 2.790 30.00 9001 74,587 159 (,visual Plan 1'pdate Rein se 292.539 750,0410 537.510 166 Antolini) Center (1. 127,652) 517,577 286.907 8(15.492 11.528,710) 171 Library. School fluOic l C:onua,.r 59001 32.116 26,975 172 Trash Fate Snhdn8non Find 160,041 9).680 224.681 31939 173 National School Drsmcl Contrast 37,8 (6 17,676 174 Sweetwate, St it, ...1 Duna Contrast 185,07.1 185,074 I /6 Police Retrrimr.rd Overtime 51,381 35,000 15.000 51,381 1'N1 loth Street Cleanup lonai • 1301 289.117 8,500 - 707.617 191 STOP Project 49.800 45,171 4.629 19R Ploprrty F.vdcnct Sevin, 74,952 • 74,052 7.00 )Odt Snot C {canny - 1301 692,519 70.400 717910 201 NCJPIA Dohr Scrvrcc Fund 1.550 491),(66 490 657 1.540 708 Stipp. Law Ihudorcement Svcs Fluid 271935 2./3,935 211 Security& Al.rrmRegulation fum] 86,114 37,711 53,595 70240 712 Person/xi Crtewn'nnon Frmd 356.900 356,900 • 230 Abandoned Vehicle Abatement Grand 114.121 114,122 (11 241 National City binary smrc Germ (1,144.951) - - (1,144,952) 242 5. City I. ibrary Mantling hind 80,02) 3.200 R1,223 246 Willits Grant - 104,551 IM,55I • 250 New hire Sunnn Construction 124.321 174,121 253 Recreational Ar series rued 5953 8,I0n 8.11n 5951 254 Lead-Ba rd P.amt Hazard Reduc lion Grant 72,026 72,926 250 Library Dotal- Ikhl Service I'und ,112 76R 4€8,9113 398,650 67301x 2 h I CDC Debt Serve r Find 5,195,101 12.182.310 (9,36),807) 5,.163,731 2.641.873 2'A1 Police Department ( ir.ni5 91,241 . 73.568 12,676 301 /irtnl • r D R G (1.598,236) 1.002.595 (248,001) 840.570 (1,5,14.212) 307 Pt"po.nron"A" fund 1.562,593 4,765.200 4,076.731 1,40I.062 108 Giant Ilryhway Ridge Rehab 484,153 484,153 112 SFP L.iu.. VIransnet Ihghway (261.774) 11,100 (728,674) 111 Gn9t.C7s1.5 2 47,845. • 47.845 314 OTS Grant 132,1;1)0 132,08) 320 library Grants 1.431.818 50,000 236.078 1.246.76(1 323 Safe Routes to School. 000.000 000.000 325 Development Impact Fec' 432,910 75.000 - 507.910 126 TraitN*,rtanon Impact fee hunt - 100000 100.000 141 State•l.ral Partnership 17,724 3.300 - 21.024 145 Traffic I.umge-,non Rcltef 190361 586.265 586.265 100.561 146 Prop 1R 087991 082.003 15n S.1ftlh.\ 1 1 I titan 2.390,(0/1 2.390100 5(/.' S,ctoon 8 7) 479 8,394 677 8,166017 89 504 Hume lmprosn' ern l an 2,3%8,297 5)881 2,393.202 505 Hone 2,295025 5/4416 (49901) 524,546 2.295025 511 lac Imminent bud 3.265.607 10,23 /,789 10,290,888 3,212,5044 522 I new k Moderate hxotie Housing 8,064,196 3,245.5/8 (776.21,) 1.238,118 9.295,108 626 f.k.ili ws Maintenance hind 530.347 2.099,04(1 2.750,28/ (120,9W) 627 Liability Insurance Fund 1.548,521 2.531.433 2 047.845 1.132.129 62X GC9tr4I Srrsxes Fund 198.815 417.97? 404,065 227.722 620 Infornatan 5y4emn htanteiulre 672.307 761.612 R45,425 588.494 630 Office fq1 I 8. 4 fleprccut on 1051.563 125 616 1,066.100 411.679 631 Ttlecotm8tihut'rn. Rcvolvuig 771.445 397817 519,710 610.518 632 1 irrreral Accoruniny Services 169990 1365 806 915.411 4211,475 613 I 'netmployment Insurance Reserve I91078 38)870 3x.1IR 191.5110 643 Motor Vehicle Svc Fused 1947,4449 1,577,328 415,00) 1,794,894 2144923 6-14 fquipnien Repiacenent He.rrv-r 42.000 42 0W 721 Lrbtary )nnTTund 6,311 1,300 7,6)4 14,266539 96,752.826 (110,000) 99,541,177 11,168,188 Fund CITY OF NATIONAL CITY FXPFNDIT1JRP SUMMARY F3Y OBJECT • ALL FUNDS FISCAL YEAR 200E 2009 Description Pet•sunne1 Maintenance Capital Capital internal Total Budget • Services & Operation Outlay hnpioven)erus Charges General Fund. 001 City Council 287,713 48,659 0 0 211,576 547,948 City ('lcrk 84,629 113.620 0 0 52,688 250,937 City Manager 580,208 105,916 0 0 119,888 806,032 Finance 263.034 8,980 0. 0 41,763 313,777 City Attorney 175.161 130,271 0 0 59,888 565,320 Planning And Building Dept 943,808 167,300 0 0 355,490 1,466,598 Iltiman Resources 386.525 66,790 0 (1 -527,309 -73,994 Nun -Departmental 0 1,133,069 0 100,000 0 1,233,069 ()ty l reasurer 24.308 2.150 0 0 14,151 40,609 Police 14,751,923 1,784,593 40,000 0 4,090,496 20,667.012 1•rrc 5,963.665 520,186 1) 0 708,484 7,192,335 Building & Safety 0 0 0 0 0 0 Management Information Systems 68,046 1,400 O 0 105,886 177,332 Engineering 587,120 46,325 0 0 408,658 1,042,103 Public Works 763,719 796,499 0 0 312,272 1,872,510 Connnwnty Scrvrces 912,452 106,167 0 0 7(13,882 1,722,50) Community Development Department 201,465 4,750 0 0 0 206,215 001 General Fund 26,193,796 5,038,695 40,000 10X1,000 6,657,X 13 38,030,304 104 1.ihrary Fund 1,142,228 125.320 0 0 487,767 1,755,315 105 Parks Maintenance Fund 949,479 63.900 1,00) 0 158,095 1,174,474 108 Library Capital Outlay 0 197,000 102,400 0 0 299.400 109 Gas faxes Fund 129,964 6.155 0 0 0 136,119 1 1 1 P O.S.T. Fund 0 75,000 0 0 0 75,000 115 Park & Rec Capital Outlay Fund 0 1.232 1) 0 0 1,232 120 Plan Check Revolving Fund 0 225,000 0 0 0 225.000 125 Sewer Service hind 737.014 6.050,170 0 0 221,621 7,008,805 126 Fite Department Activities Fund 0 0 0 0 0 0 127 Police Reserves Revolving Fund 0 0 0 0 0 0 130 EMT-D Revolving Fund 127,718 32,000 0 0 0 159,718 131 Asset Forfeiture Fwid 0 0 0 0 0 0 136 'tiny Tot Class Fund 0 1) 0 0 0 0 145 Juvenile Education Fund 0 6,258 0 0 0 6,258 154 State Public Library Fund 9,583 8,000 1) 0 0 17,583 158 Swimming Pool Revolving Fund 9,003 0 0 1) 0 9,(8)3 166 Nittntion 431.042 374,450 0 0 0 805,492 171 Library School District Contract 27,101 5,015 0 Il 0 32,116 172 Trash Rate Stahili7ation Fund 78.908 130,848 0 0 14,928 224,684 173 National School District Contract 37,876 0 0 0 0 37,876 174 Sweetwater School Ihstrict Contract 185,074 0 0 0 0 185,074 176 Police Reimbursed Overtime 35,000 0 0 0 0 35,000 19(1 30th Street Clean Up Fund (1303) 0 0 0 0 0 0 191 SLOP Project 45.171 0 1) 0 0 45,171 198 Property Evidence Seizure O 74,952 0 0 0 74,952 200 30th Street Clean Up Fund (1304) 0 0 0 0 0 0 201 N('JPFA Dcbt Service Fund 0 490,657 0 0 0 490,657 211 Security And Alarm Regulation Fund 51,385 2.210 0 0 0 53,595 212 Personnel Compensation Fund 356,900 0 0 0 0 356,900 230 Abandoned Vehicle Abatement Grant 114,122 0 (1 0 0 114,122 CI)Y OF 'NATION AI.(-ITY EXI'ENI)ITI THE S! RAMARY BY OBJEC-I • AI.I. FINDS FISCAL YEAR 200R 70(i9 Fund Description Personnel Maintenance Capital Capital Intcrual Total Budget Services &Ope:ratiun Outlay "Improvements Charges 246 Wings Grant 104.551 1) 0 0 0 104,551 253 Recreational Activities Fund 0 8,100 0 0 0 8.100 250 Library Bonds Debt Service Fund 0 39)050 0 0 0 39R,6it1 261 CDC I)eht Scnice Fluid 0 5,363,731 1) 0 0 >,3G3,731 290 Police Dept Grants 78,568 0 0 0 0 7R,568 301 (;rant-(' D B G 0 840,5'/0 0 0 0 840,370 3117 Proposition A Fluid 252,731 0 0 4,674,000 0 4,926,731 312 ST'I' I.ocal/Iransnct Highway 0 0 0 0 0 0 314 OTS Giant 0 0 0 132,000 0 132!000 320 Library (rants 236.078 O 0 0 0 236,078 323 Safe Routes to School 0 0 0 9(81,18)0 0 900,000 326 Transportion Impact Fce Fund 0 11,700 0 378,300 0 390,000 345 Traffic Congestion Relief 0 0 0 586,265 0 586,265 350 SAFEI'FA-I.11 0 0 0 2,390,000 0 2,390,000 502 Section 8 Fund 857,355 7,562,326 0 11 46,336 8,466 017 505 HOME Fund 0 524,546 0 0 (1 52.1,546 511 Tax Incremental Fund City Council 50,334 23,700 0 0 0 74,034 City Clerk 103,785 1) 0 0 0 103,785 City Manager 178,127 0 0 0 0 178,127 Finance 106,686 93,829 0 0 0 400,515 (:tty Attorney 264,831 0 0 0 0 264,831 Planning And Building Dept 184,484 48,000 0 0 11 232,484 (lumen Resources 53,064 0 0 0 0 53.064 General Scr•tccs t3,165 0 0 0 0 33,165 Non-Ikpartmental 0 0 0 4,373,0(X) 0 4,373,000 Management Information Systems 94,070 0 0 0 0 94,070 Engineering 141,272 2,60() 0 0 0 143,872 ( nmmmuty Services 0 0 0 0 0 0 Community Development Department 1,435,096 2,901,845 3,000 0 I) 4,339,941 511 I ax Incremental Fund 2,844,914 3,069,974 3.000 4,37 t,000 0 10,290,888 522 I.nw/Moderate Housing Fund 57,280 1,180,868 0 0 0 1,238,148 523 Brownfield (;rant 0 0 0 0 0 0 626 Facilities Maint Fund 813,915 1,647,700 0 0 288,672 2,750,287 627 Liability his. Fund 128,413 2,802,485 0 0 16,947 2,947,845 628 General Services Fund 198,864 129,160 0 0 76,041 404,065 629 Information Systems Maintenance 154,873 678,415 0 0 12,137 845,425 630 Office Equipment Depreciation 0 798,500 205,000 63,000 0 1,066,500 6 i I 'I elecommunications Revolving 97,239 342,500 65,000 45,000 0 549,739 632 General Accounting Services 676,057 152,7(Xl 0 0 86,654 915,411 633 Unemployment Insurance Rcscrvc 0 38,3)8 0 0 0 38,318 643 Motor Vehicle Svc Fund 413,597 710,320 415,000 0 235,977 1,794,894 T01'AI. AL.L FUNDS 37,595,799 39.167,425 833,400 13,641;565 8,302,988 99,541,177 On June 10, 2008, the City Council of the City of National City considered the City's Preliminary Budget for Fiscal Year 2008-2009 as presented and recommended by the City Manager. State Law requires the Budget to be adopted before the start of the new fiscal year on July 1, 2008. Staff has incorporated the following modifications to the Preliminary Budget: GENERAL FUND City Manager ( 7,350) Fire Operations ( 4,620) Neighborhood Council (12,150) Engineering Budget (12,150) Non -Departmental * 112,000 Vehicle CIPs 310,000 TOTAL 385,730 FACILITIES MAINTENANCE FUND Public Works ( 300) TOTAL ( 300) TAX INCREMENT FUND Planning Department 48,000 City Council 5,100 TOTAL 53,100 SEWER FUND Public Works — Vehicle CIP 75.000 TOTAL 75,000 PARKS & RECREATION CAPITAL OUTLAY FUND Public Works — Brush 30.000 Chipper TOTAL 30,000 In addition, staff has also incorporated City Council's funding the Boys and Girls Club for $120,000 ($60,000 for two quarters) in the General Fund as a Non - Departmental appropriation. With the resolution, Finance will proceed with preparing the Final Budget for distribution in August/September 2008. The Preliminary Budget will also be available on the City's website. This action formally adopts the Preliminary Budget for Fiscal Year 2008-2009. MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT June 17, 2008 AGENDA ITEM NO. 21 rITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SELECTING ANNUAL ADJUSTMENT FACTORS AND ESTABLISHING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2008-2009 PREPARED BY Jeanette LadridDEPARTMENT Finance x 4331 Finance Direct EXPLANATION Each year, cities in California are required to pass an Appropriations Limit ("GANN Limit") which increases based on a price factor and population factor. This action selects the two adjustment factors and adopts the Appropriations Limit. Environmental Review Financial Statement N/A _X_ N/A Account No. STAFF RECOMMENDATION IApprove the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution A-200 (9/80) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SELECTING ANNUAL ADJUSTMENT FACTORS AND ESTABLISHING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEARS 2008-2009 WHEREAS Article XIII-B of the California Constitution provides that appropriations made by State and local governments shall be changed annually by a factor comprised of the change in population and the change in the cost of living. NOW, THEREFORE, BE IT RESOLVED that the cost of living factors to be used in calculating the appropriations limit for fiscal year 2008-2009 shall be as set forth in Attachment 1. BE IT FURTHER RESOLVED that the population change factors to be use in calculating the appropriations limit for fiscal year 2008-2009 shall be as set forth in Attachment 1. BE IT FURTHER RESOLVED that the appropriation limit for fiscal year 2008- 2009 shall be $43,611,240, as set forth in Attachment 1. PASSED and ADOPTED this 17th day of June, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H Eiser, III City Attorney Resolution No. 2008 - Attachment 1 June 17, 2008 City of National City Gann Appropriations Limit FISCAL YEAR 2008-2009 Appropriations Limit 2007-2008 $ 41,264,337 CA Per Capita Income Increase (A) 4.29% Limit Sub -Total ($41,264,337 X 1.0429) $ 43,034.577 SD County Population Increase (A) 1.34% Appropriations Limit 2005-2006 (43,034,577 X 1.0134) $ 43,611,240 (A) Source - State of California, Department of Finance Reconciliation of Schedule B Gann Appropriation Limit Tax and Non -Tax Proceeds (1) This revenue is based on the ratio of tax vs non -tax proceeds as calculated before its inclusion. General Fund Pre Add -On % Added to Tax Use of Money & Property 33,639,771 (A) 88.55% Added to Non -Tax Use of Money & Property 37,990,171 (B) 4,350,400 (C) 11.45% 37,990,171 (B) (A) Total General Fund Tax Before Add -On (B) General Fund Grand Total Before Add -On (C) Total General Fund Non -Tax Before Add -On Total Amt. Added Amt. 1,222,200 1,082,241 1,222,200 139,959 Gann Limit Recap Total City Appropriations 2008-2009 73,657,847 Less: Non -Tax Proceeds 36,028,574 Estimated Appropriations 2008-2009 Subject to the Gann Limit 37,629,273 Appropriations Limit 2008-2009 43,611,240 Amount Under Limit for 2008-2009 5,981,967 86% Resources Estimated Revenue and Resources • Fiscal 2008-2009 Gann Appropriation Limit Schedule B Total Tax Non -Tax Total Property & Other Taxes Net GI- Property Taxes 1.782.4/ 1 1,782.471 1382.471 Sales P. I Ise Taxes 12.279.750 12.279.750 - 11279,750 Property Tax in Lieu of Sales Tax 4,093,250 4,093.250 4,093.250 Property Tax in Lieu of VLF 4.960.300 4,960,300 4.960.300 NC Downtown Property Bus Inrp C Drstrrcl transactions & Use Tax A-550,000 8.550.000 8.550.000 AB1290 Property Tax Pass-throuy Transient Lodging lax 860.100 860.100 860,100 Cable IV Franchise 390,100 390,100 390,100 Electric Franchise 546.900 546,900 546.900 Gas Franchise 120,900 120.900 120.900 Refuse Franchise 384,400 384,400 384.400 Business License Tax 600,000 600.000 600.000 Residential Rental Fee 130,000 130.000 130,000 Paratransn Fees 5,000 5.000 - 5,000 Subtotal Taxes 34.703.1 71 33.260.871 1,442,300 34./03.1 /1 Use of Money & Property (excluding inte 66.600 66,600 66,600 Inter -Governmental 698.900 378.900 320.000 698.900 Other 37.700 37.700 37.700 Miscellaneous City Clerk 1.000 1,000 1.000 City Manager - Finance 8.400 8,400 8,400 Planning 212./00 212,700 212./00 Personnel General Services - - - Pnhcc 1,011, 700 1,011,700 1,011. / 00 Fire 474.300 474.300 474.300 Building & Safety 451,200 451,200 451,200 Risk Managemerii 125,000 125,000 125.000 Fnginecnng 69.400 69,400 69,400 Pubhc Works 39.800 39.800 39.800 Recreation 90,300 90,300 90,300 (mineral Fund Subtotal 37,990,171 33.639,771 4.350,400 31,090,171 General Fund Interest 1,222,200 1,082.241 139,959 1.222,700 001 Total General Fund 39,212,371 34.722,012 4,490,359 39,212,371 103 General Capital Outlay 104 Library 692.886 692.886 - 692,886 105 Parks Maintenance 807,343 807,343 807,343 108 Library Capital Outlay 118,200 100.000 18,200 118,200 109 as Taxes 1,201.400 1,201,400 1,201,400 111 Post 75,000 15,000 75,000 115 Park & Rec Capital Outlay 248.000 248.000 248.000 120 Plan Check Revolving Fund 2/1.800 271,800 271.800 125 Sewer Service 7,141,800 - 7.141,800 7,141,800 130 EMT-D Revolving Fund 313.200 - 313.200 313,200 131 Asset Forfeiture 130,400 130,400 130.400 136 Tiny tot Classes Fund 4,300 - 4.300 4,300 158 Swimming Pool Revolving Fun, 30.800 30.800 30.800 159 General Plan Update Reserve - - 166 Nutrition Center 517,527 517.527 517,527 172 Trash Rate Stabilvaton Fund 95.680 95,680 95.680 173 Natl School Distnct 37,876 37,876 37.876 174 Sweetwater School District 185,074 185.074 185.074 176 Police Reimbursed Overtime 35,000 35.000 35,000 190 30th Street Cleanup Fund - 130 8,500 8.500 8.500 Resources Estimated Revenue and Resources' Fiscal 2008-2009 Gann Appropriation Limit Schedule B Total Tax Non -Tax Total 191 STOP Project 49.800 - 49.800 49.800 200 301h Street Cleanup Fund - 130 70,400 20,400 20,400 201 NCJPFA 490.656 - 490.656 490,656 208 SI.FSF • - 211 Secunty & Alarm Regulation 37./21 37.721 37,721 212 Personnel Compensation 356.900 356.900 356,900 230 Abandoned Vehrcie Abatement 114.121 114.121 114.121 742 N. City Library Matching Fund 3.200 3.200 3.700 246 Wings Grant 104.551 104.551 104,551 253 Recreational Activities Fund 8,100 8,100 8,100 259 Library Bonds Debt Service 488!900 - 488.900 488,900 282 Fire Dept Grants - 290 Police Dept Grants - - - 301 C D B G 1,092,595 1,092 595 1,092,595 302 CDC Payments - 307 Proposition "A" 4./65,200 - 4.765.200 4.765.200 312 STP LocaVTransnetHignway 33.100 33,100 33,100 314 OTS Grant 132,000 132,000 132.000 320 Library Grants 50.000 50,000 50.000 323 Safe Routes to Schools 900,000 900,000 900,000 325 Development Impact Fees 75,000 75,000 75,000 326 Transportation Impact Fee 390,000 390,000 390,000 343 State -Local Partnership 3,300 3.300 3,300 345 Traffic Congestion Relief Grant 586.265 586.265 586.265 350 SAFE IEA-LU Grant 2390.000 2,390,000 2,390,000 626 PW Facilities Maintenance 2,099,040 2.099,040 2,099,040 627 Liability Insurance 2,531.453 2,531.453 2,531,453 628 General Services 432.972 432,972 432,972 629 Information Systems Maintenan 761,612 761,612 761,612 630 Office Equipment 425,616 425.616 425,616 631 Telecommunications 397,812 397.812 397.812 632 General Accounting Services 865.896 865.896 865,896 633 Unemployment Insurance Fund 38,820 38,820 38,820 643 Motor Vehicle 1,577,328 1,577,328 1377.328 721 Library Trust Fund 1.300 1,300 1,300 Other Funds Total 33,138,444 1,600,229 31,538,215 33.138.444 72,350,815 36,321241 36,028.574 72.350,815 CITY OF NATIONAL CITY, CALIFORNIA CITY COUNCIL AGENDA STATEMENT MEETING DATE June 17. 2008 AGENDA ITEM NO. 22 ITEM TITLE Time Extension Request Tentative Subdivision Map for 'Holiday lnn 11' Project Location: 700 National City Boulevard APN: 555-053-17 Applicant: Pacifica Companies Case File No.: 2008-18 TE S-2006-1 PREPARED BY Raymond Pe 336-4421 �1 DEPARTMENT Planning Department EXPLANATION On November 22, 2005, the Community Development Commission Hoard approved Downtown Specific Plan Consistency Review (DSP-2005-3) for Holiday lnn 11, a mixed -use project consisting of a I9-story tower with 155 residential units and low-rise buildings consisting of 16 townhomes above retail commercial space. The proposed project would he developed to the west of (behind) the Holiday Inn. which would continue to operate as a hotel. On April I R. 2006, Council approved a Tentative Subdivision Map (S-2006-1) for the project. The applicant is requesting a 36-month time extension to tile a final map: the Tentative Map would have expired on April 18, 20013. The applicant indicates that they have hecn unable to proceed with the final map process due to current market conditions. If the request is approved, the new expiration date for the Tentative Map would be April \18.2011. ENVIRONMENTAL REVIEW Not applicable. FINANCIAL STATEMENT Not applicable Account No RCP STAFF RECOMMENDATION Staff recommends approval ofa 36-month time extension to April 18. 2011. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS Resolution No. I. Resolution No 2006-70 2. Plans 3. Applicant's letter of request A-200 (9/80) RESOLUTION NO. 2006 - 70 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP FOR A MIXED -USE PROJECT 'HOLIDAY INN II' LOCATION: 700 NATIONAL CITY BOULEVARD APPLICANT: PACIFICA COMPANIES CASE FILE NO. S-2006-1 WHEREAS, application was made for approval of a Tentative Sutxiivision Map fora mixed -use project `Holiday Inn II' located at 700 National City Boulevard within the City of National City on properly generally described as: PARCEL A: LOTS 1, 2 AND 3 IN BLOCK 8 OF NATIONAL CITY, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 348 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 2, 1882. PARCEL B: LOTS 4 AND 5 AND THE SOUTHERLY 50.00 FEET OF LOTS 23 AND 24 BLOCK 8 OF NATIONAL CITY, IN THE CITY OF NATIONAL CITY, COUNT Y OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 348 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 2, 1882. PARCEL C: LOTS 23 AND 24 EXCEPTING THE SOUTHERLY 50.00 FEET THEREOF, AND THE WESTERLY 25.00 FEET OF LOTS 20, 21, AND 22. ALL IN BLOCK 8 OF NATIONAL CITY. IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 348 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. OCTOBER 2, 1882. PARCEL D: LOTS 20, 21, AND 22 IN BLOCK 8 OF NATIONAL CITY, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 348 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 2, 1882. PARCEL E: LOTS 18 AND 19. IN BLOCK 8 OF NATIONAL CITY, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 348 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 2, 1882. PARCEL F: LOT 17 IN BLOCK 8 OF NATIONAL CITY, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 348 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 2, 1882. Resolution No 2006 — 70 April 18, 2006 Page 2 PARCEL G. LOTS 11 AND 12, INCLUSIVE, IN BLOCK 8 OF NATIONAL CITY, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 348 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 2, 1882. PARCEL H. LOTS 6, 7, 8. 9, AND 10, INCLUSIVE, IN BLOCK 8 OF NATIONAL CITY, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 348 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 2, 1882. PARCEL 1: ALL THAT PORTION OF SEVENTH STREET AS SHOWN ON MAP OF NATIONAL CITY. IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO THE MAP THEREOF NO. 348 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 2, 1882. BEGINNING AT THE NORTHEAST CORNER OF BLOCK 8 OF SAID MAP NO. 348; THENCE ALONG THE NORTHERLY LINE OF SAID BLOCK 8, SOUTH 72 16'20" WEST A DISTANCE OF 250.07 FEET TO THE NORTHWEST CORNER THEREOF: THENCE 27 16'29" EAST A DISTANCE OF 4.24 FEET TO A LINE PARALLEL LINE, NORTH 72 16'20" EAST A DISTANCE OF 247.07 FEET TO THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF NATIONAL CITY BOULEVARD: THENCE ALONG SAID PROLONGATION, SOUTH 17 44'31" EAST A DISTANCE OF 3.00 FEET TO THE POINT OF BEGINNING. WHEREAS, the Planning Commission of the City of National City, California, considered said application at a pubpc hearing held on April 3, 2006, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council of the City of National City considered said application at a public hearing held on April 18, 2006, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. S-2006-1, which is maintained by the City and incorporated herein by reference, along with evidence and testimony at said hearing; and WHEREAS, this action Is taken pursuant to ail applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safely, and general welfare. 2 Resolution No. 2006 - 70 April 18, 2006 Page 3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that it hereby approves said Tentative Subdivision Map based on the tollowing findings. The project is consistent with the Downtown Specific Plan for which an Environmental Impact Report was certified and Mitigation Measures and a Mitigation Monitonng and Reporting Program were adopted. The proposed map is consistent with the General Plan since it is consistent with and implements the Downtown Specific Plan, which is a further refinement of the goals and objectives of the General Plan. 3. The site is physically suitable for the proposed type of development since the proposed project and all required improvements can be provided on site. and the project would comply with the applicable development standards or has been granted the appropriate exemptions. 4 the site is physically suitable for the proposed density of development since the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is was previously developed and is located in a completely urbanized area. 6. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services, facilities, infrastructure, and utthties will be provided. 7. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 8. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Govemment Code Section 66474.6. 9. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 10. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and coding opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. 3 Resolution No. 2006 - 70 April 18. 2006 Page 4 BE IT FURTHER RESOLVED that the City Council has considered that the Program Environmental Impact Report for the Downtown Specific Plan serves as adequate environmental documentation, together with any comments received during the public review process, and finds on the basis of the whole record that that the project was adequately considered by the Program Environmental Impact Report, which reflects the City's independent judgment and analysis, and hereby authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, that the City Council approves said Tentative Subdivision Map subject to the following conditions: 1. Mitigation Measures The Tentative Subdivision Map shall be subject to all applicable mitigation measures of the adopted Mitigation Monitoring and Reporting Program of the certified Program Environmental Impact Report for the Downtown Specific Plan. 2. Approved Exhibit. The Tentative Subdivision Map authorizes the subdivision of the subject property for condominium purposes in conformance with Exhibit (S-2006-1), dated January 20, 2006, except as modified by the conditions of approval. 3. Consistency Review. The Tentative Subdivision Map shall be consistent with Downtown Specific Plan Consistency Review (DSP-2005-3). 4. Parking. Parking spaces available kw the use of hotel guests shall be limited to 154 stalls. unless additional dedicated parking stalls are provided on -site or off -site within one quarter mile of the subject property. Mandatory valet and tandem parking shall be provided for hotel guests if the demand for parking exceeds the number of available stalls. 5. Bus Stops. The applicant shall submit a bus stop evaluation to National City Transit for approval. The study shall address any necessary improvements that could result from the project. including shelters, benches. trash containers. and security cameras. The applicant shall install and construct all improvements pursuant to the approved study prior to occupancy Landscape Plans. The applicant shall submit landscape and irrigation plans for approval and shall install and construct all improvements pursuant to the approved plans prior to occupancy. 7. Lightinu Plans. The applicant shall submit lighting plans for approval and shall install and construct aA fighting pursuant to the approved plans prior to occupancy. Lighting shall be designed to provide adequate illumination for safety, security. identification, and direction as well as for landmark visibility of the primary buildings and/or significant features of the Prof. 8. Sign Program. The applicant shall submit a sign program for approval, and all signs shall be designed and installed pursuant to the approved sign program. 9. Public Art Program. The applicant shall submit a public art program for approval and shall install, construct, or implement the approved public art program prior to occupancy. 4 Resolution No. 2006 - 70 April 18, 2000 Page 5 10. Green Design. The applicant shall incorporate green design, energy ettinency, waste reduction, recycling, conservation, and sustainable design in the project to the rnaximum extent feasible. 11. Public Improvements. The applicant shall submit improvement plans for all adjacent public rights -of -way for approval. The plans shall be consistent with the Downtown Specific Plan, including the Open Space Framework, the Streetscape Master Plan, and the Design Guidelines. The improvements shall include but not be limited to streets; alleys, curbs and gutter; sidewalks; medians; parkways; landscape; street lights; street furniture; traffic control; parking facilities; utilities; water, sewer, and drainage facilities; and other necessary facilities and infrastructure. The applicant shall install and construct the improvements pursuant to the approved plans prior to occupancy. 12. Engineering Requirements. The applicant shall comply with all engineering requirements, including the listed requirements contained in Engineering Department memorandum dated September 30. 2005. a) A Hydrology study (100 year flood) is required for the new project The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. b) The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. 11 it is determined that the project is subject to the 'Priority Project Permanent Storm Water BMP Requirements' and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP), an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. c) The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. d) Alt surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. e) A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site Improvements. The plan shall be prepared in accordance with the Citlts standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous 5 Resolution No. 2006 - 70 April 18, 2006 Page 6 material run -oft to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling. monitoring, and leaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Engineering Department. f) A National Pollutant Discharge Elimination System (NPDES) permit is required for discharged of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project g) A sewer permit will be required. A sewer study is currently being prepared by the City to consider the adequacy of the existing sewer system with respect to the Downtown Specific Plan. The sewer study recommendations shall be part of the Engineering Department Requirements. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 8-inch in size with a clean out and the installation of a manhole in the street. A sewer stamp 'S" shall be provided on the curb to mark the location of the lateral. h) A soils engineering report shaH be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure. As a minimum, the parking lot pavement sections shall be 2-inch A.C. over 4-inch Class 1I aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. i) The deteriorated portions of the existing street improvements (induding sidewalks and curbs) along the property frontages shall be removed and replaced. j) A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private proPedY. k) Sleet improvements shall be in accordance with City Standards. Abandoned driveway aprons shall be replaced with curbs, gutters, and sidewalks. I) Existing sewer easements reserved to the City of National City shall be vacated. The easements shall be shown on the final map 6 Resolution No. 2006 70 April 18. 2006 Page 7 m) A title report shall be submitted to the Engineenng Department, after the Planning Commission approval, for review of all existing easements and the ownership of the property. n) A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. o) The Final Map shall meet all of the requirements of the Subdivision Map Act. and the City of National City Municipal Codes including certification, acknowledgement. complete boundary information and monumentation. p) The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. q) The developer shall bond for the rnonumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. r) All utility distribution facilities within the boundaries of the subdivision. and within the half street abutting the new subdivision, shall be placed underground. s) The final map shall be recorded prior to issuance of any building permit. t) All new property line survey monuments shall be set on private property, unless otherwise approved. The parcel map/final map shall use the California Coordinate System for its 'Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shag appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 13. Public Works Reouirements. The applicant shall comply with all public works requirements, including the Fisted requirements contained in Public Works Department memorandum dated September 14. 2005. a) The developer shall replace the existing sidewalks adjacent to the project. b) The developer shall upgrade the sewer line located along 7th Street and Roosevelt Avenue to 10-inch diameter. The developer shall prepare a sewer capacity study of this line to ascertain the limits of the upgrade. Resolution No. 200G -. 70 April 18. 2006 Page 8 c) The developer shall replace the existing street trees with a tree palette commensurate with the building's architecture and adjacent landscaping theme. The developer shall install a new or upgraded irrigation system to adequately serve the proposed landscaping improvements. 14. Fire Department Requirements. The applicant shall comply with all Fire Department requirements, including the Listed requirements contained in Fire Department memoranda dated October 6, 2005 and March 21, 2006. a) 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 b) Project will be required to have a fully automatic fire sprinkler system. c) Automatic fire alarm system with communication system will be required d) Smoke control system will be required e) Class I standpipe system will be required f) Minimum fie flow requirement will be 4,000 gpm measured at 20 psi residual with a flow duration of 4 hours. g) Fire Department Central Control Station will be required. h) Maintain dear and easy emergency ingress and egress to facility. 15. Building Department Requirements. The applicant shall comply with ail Building Department requirements, and plans shall comply with the 2001 editions of the California Budding Code, the Califonia Mechanical Code, the California Plumbing Code. the California Electrical Code. and Califomia Title 24 energy and handicapped regulations. 16. Police Department Requirements. The applicant shall comply with all Police Department requirements, including the requirements contained in Police Department memorandum dated March 20, 2006. a) The project shall comply with the crime free multi -housing criteria and crime prevention through environmental design standards. 17. Covenants, Ccrnditions, and Restrictions. The applicant shall submit a declaration of covenants, conditions, and restrictions for approval prior to approval of a final subdivision map. The CC&Rs shaU run with the land, dearly setting forth privileges and responsibilities, including maintenance, involved in the common ownership of buildings, streets, parking areas. walks, open spaces, recreation areas, utilities, and common areas and fadlitles. The CC&Rs shall allow the City of National City the authority but not the obligation to assume the maintenance of the property and assess the full cost, including 8 Resolution No. 2006 - 70 April 18, 2006 Page 9 overhead costs, as a lien against the property if said properly is not adequately maintained pursuant to the CC&Rs. The CC&Rs shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. The CC&Rs shall be approved as to form and content by the City Attorney of the City of National City, 18. Property Owners Association. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess properties that are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all such common areas and facilities. Such entity shall operate under recorded CC&Rs approved by the City of National City, which shall include compulsory membership of all property owners and flexibility of assessments to meet changing costs of maintenance. repairs, and services. 19 Business Improvement District. Pursuant to the Implementation Program of the Downtown Specific Plan, the subject property shall be incorporated into the Morgan Square Business Improvement District and assessed as provided for in the district for purposes for which the district was formed 20. Landscape Maintenance District. Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a landscape maintenance district and assessed as provided (or in the district for purposes for which the district was formed. 21. Parkin(' District Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a parking district and assessed as provided for in the district for purposes for which the district was formed. 22. Acceptance of Conditions. The applicant and property owner shall sign and have notarized an Acceptance Form acknowledging and accepting alt conditions of approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of approval of this permit shall automatically terminate this permit. The applicant shall record a Notice of Restriction on Real Property with the San Diego County Recorder. The Notice of Restriction shall provide that the conditions of approval of this permit are binding on all present and future interest or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attomey of the City of National City and signed by the City Manager of the City of National City prior to recordation. 23. Expiration. The approved Tentative Subdivision Map shall expire two (2) years after the effective date of approval unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by Municipal Code Section 17.04.070. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, 9 Resolution No 2006 - 70 April 18. 2006 Page 10 BE. IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 18' day of April, 2006 ATTEST: A M' el R. Della, ity Clerk APPROVED AS TO FORM: George H. iser,111 City Attorney 10 Passed and adopted by the Council of the City of National City, California, on April 18, 2006, by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Zarate. Nays: None. Absent: lnzunza. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of Nahonat City, Califomia A City Clerk of the City orNational City, California By Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-70 of the City of National City, California, passed and adopted by the Council of said City on April 18, 2006. City Clerk of the City of National City, California By Deputy , roosevert irre? • • Tr7, (2,! Fl vx,st,n,F, national cfty blvd 'f I I, V. : r- • s • • • 12, 4 • , • • • — 7-1 .• Roosevelt Ave 1 -(1 iD•1, V. Ex 5•.:". 9,1.E• •C 6 L fs, ,. • National City Boulevard I r• • 1 - - • .1.... .• • t• • PLANT VATERIAL LEGEND ars s:, • CC% Bos S.sr 0 FT-. Par 0-REE. "REF AY-. 24' Esa. se sy, v.. IV a -0,1"..0.19 (or•,4, n .1<tEf 1 Rif 3). •••• p '.:•1•1[C1"..EE u)•na :a*/ -A 0 • 0)F. 5 3>• Sae peu, 4l.5fll -,90 Pa. Cjuq. V , r E•,. , ' ?ES' t1 *0 0.-.• F.- s SI: ‘1:- 3' - (..:.x.s ,s-psse C,4-11.-.PEFU.1117-.•4 SC RaIN..1G1k1E. till) ''....t. iCE,a twe i BN.1.,0 TPs a...i c4.,sra ?,:arsa 3c, (.111F-,EstGR•F EP AC..:1'.• ,,tE 'Cl'...2.Cos Eue tvppsa165 se -per, ,,, :,I .:vvra• 4 55-Ax.,,,6, •c,,,, C113, S :E. • I:dCati ,.(, as ..... Zaapsaaa,paa 'rod 71 .Z.'cut Per Nts), a aras-L-sra i0- sr-. awn 411,1 ..0.:R,.A. AC.:ELT .."^ ..:, ,CC, , Zen:- 0 se :cm, ! ch e 2.3,01.,,, it. 'Rua. 4 sa • R...40: A. VI ' ,,,A 4.'d 100: ' :a. :' F.0:e • scacss:,,t as isat rlarcrca se .0aP/.., e 1p t:cLoRru. oxs es us., as ›elitglyt on pi ulltur• .1+5,ens one trAM '..ROJPOCC,k 12' 0 : jeg PA: rl..1 7, .ta,11,e1111 • • , ' ' • • • Jr • -11 , I 1.1 4, • NATIONAL CITY HOLIDAY INN -- MIXED —USE RESIDENTIAL PACIFICA COMPANIES O ICC -dig° o.r. lO 9 296 • • 1 PERSPECTIVE,b NATIONAL CITY HOLIDAY INN -- MIXED -USE RESIDENTIAL PACIFICA COMPANIES '85 ,Vtrt.nnr :co �<« ahirnnu'JIO • • bi."" a7(10 PERSPECTIVE ('ih an. Rrr:he0 i&T• 5 4 rim ,r17. rrN ft t _ :�s, t :;• 4ifi! i. r .r t I..{7 a rrir, fii NrAnat Cry Bo,M.+rd NATIONAL CITY HOLIDAY INN -- MIXED -USE RESIDENTIAL 3 mrin Sam �� .L�:' i .. rieri i .r- ivy. .. frtmzrz t NORTH ELEVATION v rim r. em Suse+ NATIONAL CITY HOLIDAY INN -- MIXED -USE RESIDENTIAL WEST ELEVATION • • 400111y• Ave 3 6 '1 _..:!_ rf re aw ar tr. no 1 Pr aim III r! APOMMIll :I i cr . j. 7 NATIONAL CITY HOLIDAY INN -- MIXED -USE RESIDENTIAL SOUTH ELEVATION 3 JUN'08 AM 10:17 4.17.2008 City of National City Attn: Planning L)cpartn1cnt C!0: Raymond Pe 1243 National City Boulevard, National City. (A 91950 Re: Tennant Map f•:xtension: Holiday Inn II I S2006-I To Whom It May Concern: Due to current market conditions we, Pacifica Companies, are unable to finalize the tenant map ` S2006-1 for the I loliday Inn II on the seven hundred block of National City Boulevard. We hereby request to extend the life of the preliminary map for 36 months effective April I (i '' 2008. Thank you for your consideration and attention to this matter. Regards, 1tin Blake Operations (.'oordinator Pacifica Companies ihlake(u:pacificacontpaniec.coni 562-762-5948 19 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 17, 2008 AGENDA ITEM NO. 23 ITEM TITLE ITEM I_ISE. PF.RMIT 16th Annual Fiesta hilipiniana-Mexicana Karaoke Competition hosted by the Seafood City Supermarket on July 12, 2008 from 5 p.m. to 9 p.m. at 1420 Playa Blvd. with no waiver of fees. PREPARED BY Joe Olson. 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from the Seafood City Supermarket to conduct the 16th Annual Fiesta Filipiniana- Mexicana Karaoke Competition at 1420 Plaza Blvd on Jule 12. 2008. Set-up for the event begins at 4 p.m. and the actual event runs from 5-9 p.m. 1 yearly event will include food canopies, a DJ. live music. and of course Karaoke entertainment on a stage supplied by the sponsor. The sponsor has not requested a waiver of fees. Environmental Review X N/A Financial Statement The City has incurred $345.00 for processing the TUP through various City departments, plus S449.00 for the Fire permit and inspection. Total fees are $794.00. Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of lees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) ResoIGtion No. c Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAI. CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A 1'I':MPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAI, SPONSORING ORGANIZATION: Seafood City Supermarket EVENT: 16" Filipino -Mexican Karaoke Competition DATE OF EVENT: July 12, 2008 I IME ()F EVENT: 5 p.m. to 9 p.m. APPROVALS: PLANNING YES x I NO [ COMMUNITY SERVICES YF.S x ] NO [ RISK MANAGER YES x ] NO [ ENGINF.I•:RING YES x ] NO [ PUBLIC WORKS YES x ] N() [ FINANCE YES x ] NO [ FIRE YES x ] NO BUILDING & SAFETY YES x ] NO [ POLICE YES x ] NO [ CITY A'I'IORNh:Y YES x ] NO [ SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEI: CONDITIONS SEE CONDITIONS SEE. CONDITIONS SEE CONDITIONS SEE CONDITIONS CONDITIONS OF APPROVAL: RISK MANAGER (619) 336-4370 I've reviewed the application for the proposed use and note that the event will be held entirely on private property. 'There does not appear to be any liability exposure on the part of the City in terms of street closures, impact to traftic, vendors or facilities. 'Elie certificate of insurance which is attached provides the required coverages however the dates of coverage for the liability, excess liability and auto policies will have expired prior to the actual event. The organiser, Seafood ('ity, must request and provide a current certificate of insurance prior to the event. In addition, we need a copy of the actual additional insured endorsement in favor of the City. as the certificate alone is not sufficient to bind the coverage. The evidence of Workers' Compensation coverage meets State requirements. Otherwise, 1 have no objection to the proposed use. FIRE (619)) 336-4550 1. Access to Seafood City and surrounding businesses to be maintained at all tunes. Access to Fire Department connections for lire sprinkler systems. standpipes, ctc. must be clear and unohstnictcd.. 2. Fire Department access into and through the booth areas arc to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. 3. Fire Hydrants shall not be blocked or obstructed. 4. Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5. Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6. Provide a 2A:I OBC fire extinguisher at stage. Extinguisher to be mounted in a visible location between 31/4` to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not he more than 75 feet travel distance. 7. A lire safety inspection is to he conducted by the Fire Department prior to operations of the competition to include all booths, roadways and stage area. 8. Required inspections taking place, after hours, holidays, and weekends will he assessed a minimum of one hundred ($100.0O) dollars. 9. Fees must he paid to the Fire Department Administration Office prior to event occurrence. 10. Any electrical power used is to he properly grounded and approved. Extension cords shall be used as "Temporary Wiring Only". I I. if tents or canopies are used, 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 he used, they shall he flame-retardant treated. An approved State Fire Marshal seal shall be attached. 12. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Permit fee is three hundred and Iorty nine ($349.00) dollars. 13. Fees must he paid to the Fire Department Administration Office prior to event occurrence. 14. First Aid will he provided by Filipino Nurses Association. 15. Fees can only be waived by City Council. BUILDING R. SAFETY (619) 336-4210 1. Applicant shall not erect any permanent structures. Any structures erected are subject to formal inspection and permitting as required by the Ca Building ('ode. 2. Any structures erected are subject to safety and compliance inspections. ❑ Fair/Festival City of National City • Building & Safety Department 1243 National City Boulevard • National City, CA 91950 (619) 336-4210 TEL • (619) 336-4217 www.ci.national-city.ca.us special E er I ppti�ca i ❑ Parade/March ❑ Walk or Run E oncert/Performance ivr Outdoor Market ❑ Sporting Event ❑ Other (specify) Event Name & Location Event Title /0 CIA- 4 tat; - kaAct-e-kk ed Gay Ci t• �i1941 Event Location (list all sites being requested) h`�a_e Event Times Set -Up Starts Date -g - r-2 -2sb-3 Time 4 9q'. Event Starts Date jut,/ l.,r 2c Event Ends ss Date Swt,) Time .5'�� /2, .Z OQ $ Time Breakdown Ends Date Time Applicant Information Day of Week SA-tu,.o(aj Day of Week SST Day of Week 5 ,, 01..a� Day of Week g r 0 n CJ CO 0 1 Public Information Phone') j �/ )79 "/030 E-mail „Su S.avrdS4 C. .o o• Cam Applicant agrees to investigate. defend. indemnify and hold harmless the City, its officers, employees and agents from and against any and all loss, damage, liability. claims, demands, detriments, costs. charges, expense (including attorney's tees) and causes of action of any character which the City. its officers, employees and agents may incur, sustain or be subjected to on account of loss or damage to property or the loss of use thereof and for bodily injury to or death of any persons (including but not limited 10 the employees, subcontractors, agents and invitees of each party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any City premises under this agreement to the extent permitted by law. Applicant (Your name) S("iSct.,, rQti./AS garlroS Sponsoring Organization Event Coordinator (if different from applicant) Mailing Address a ' � tx .22. N - . CA 9/ q.ry Day PhoneLl.).gT7-Ui�fter Hours Phon44 ) 9 `9 *eIIjJ')) - Fax�1y) 4 4960 to xf mZ 0 o ma < a m CIo The undersigned also understands and accepts the City's refund policy for facility use and that fees and charges are adjusted annually and are subject to change. Signature of Applicant: Date cam' Special Event Application (continued) Please complete the folktwirg.sedions with as mucti,iietaiF.as Possible based on the infonnabbityou provideus. . Description of Event ❑ First time event (include site map with application) "Retuming Event Note that this description may be published in our City Public Special Events Calendar: �an�lelL i Gt°.` Covutt.007, Estimated Attendance C & y ont r. Anticipated # of Participants: !-s ' 0 Anticipated # of Spectators /00 - . o Traffic Control, Security, First Aid and Accessibilit Requesting to close street(s) to vehicular traffic? ❑ List any streets requiring closure as a result of the event (provide map): X-1 A Date and time of street closure: ❑ Other (explain) Date and time of street reopening: Requesting to post "no parking" notices? Yes ❑ No QV- ❑ Requested "No Parking" on city streets and/or parking lots (list streets/parking lots) (provide map): ❑ Other (explain) ❑ No notices to be posted Security and Crowd Control Requesting Police Services? Yes ❑ No Number refit est��aytki 7L If yes. please indicate the type of police services requested: h/ A Senior Patrol ❑ Reserve Officers ❑ Explorer Cadets ❑ Other 2 Special Event Application (continued) Please describe your procedures for both Crowd Control and Internal Security. ftlYrzt Ca-4, °- Have you hired Professional Security to handle security arrangements for this event? Yes No (J If YES, name and address of Security Organization 70 . -o o c4 C:46 Security Director (Name): _ Phone: If using the services of a professional security firm AND the event will occur on City property, pleae provide a copy of its insurance certificate, evidencing liability coverage with limits of at least $1 Million dollars per occurance/$2 Million dollars aggregate, as Well as an additional insured endorsement naming the City of National City, its officers, employees..and agents as additional insureds. Evidence of insurance must be provided by the vendor.or its insurer to the City's Risk Manager for review and approval prior to the event. �/ Is this a night event? Yes td No ❑ If YES, please state how the event and surroun ing area will be illuminated to ensure safety of the participants and spectators: ad.,14,4%;-tea Please indicate what arrangement you have made for providing First Aid Staffing and Equipment: 6 a t 4 a k - _ L:9tA/1ci4-4: ALA ii o c' r yh c ->. +.Z. . First Aid [First aid station to be staffed by event staff? First aid/CPR certified? I3Yes ❑No ❑ First aid station to be staffed by professional company. ► Company ❑ No first aid station at event Accessibility Please describe your Accessibility Plan for access at your event by individuals with disabilities: •ZAI R A-un.c, 714.4 R4.14i.iC ant" Ga... Ag.L. ci . c c 140. et- Elements of your Event Setting up a stage? zesting City Stage: if yes, which size? El Dimensions (13x28) ❑ Dimensions (20x28) Applicant providing own stage S. - (Dimensions) ❑ No stage at event 3 Special Event Application (continued) Setting up tables and chairs? ❑ Furnished by City # of tables ❑ No tables being set up # of chairs ❑ No chairs being set up Furnished by Applicant or Contractor g # of tables ❑ No tables being set up 7 N' # of chairs ❑ No chairs chairs being set up 1 'P �I, Contractor Name -1244"-ei..../ Contractor Contact Information C2 620 da✓,c (") � O,-1 i Addres C.. `/ Cil City/State Phone Number Setting up other equipment? 9/q/t ❑ Sporting Equipment (explain) 7`,/ 14 ❑ Other (explain) -7-,/� _. ❑ Not setting up any equipment listed above at event Having amplified sound and/or music? // IT/PA PA System for announcements L�'CD player or DJ music Live Music ► ❑ Small 4-5 piece live band ► ❑ Large 6+ piece live band 0 Other (explain) ❑ No amplified sound/music at event If using live music or a DJ. ► Contractor Name ► 1 Co Dei�.�,,,CS /1 9s-//4 7 Address City/State Phone Number Using lighting equipment at your event? ❑ Bringing in own lighting equipment L(/Using professional Ighting company ► Company Name JPs Sp.-0 (1 t, cn. ejvteL i n G PILA C - (760 ) )/ 3 -3.2 73�t y� Address City/State Phone Number ❑ No lighting equipment at event Special Event Application (continued) iUsin electrical power? Using on -site electricity Bringing in generator(s) R' or sound and/or lighting IL'For sound and/or lighting ❑ For food and/or refrigeration ❑ For food and/or refrigeration Having, selling and/or information vendors at your event? PLEASE NOTE: You may be required to apply for a temporary health permit if food or beverages are sold of given away during your special event. Also see. Permits and Compliance' on page 7/8 in the Special Event Guide. For additional Information on obtaining a tenmporaiy health • permit, please contact the County of San Diego Environmental Health at (619) 338-2363. El/Having food and non-alcoholic beverages at your event? ❑ Vendors preparing food on -site ► # P. Business License # If yes, please describe how food will be served and/or prepared: VA ❑ Vendors bringing pre -packaged food ► # ► Business License # ❑ Vendors bringing bottled, non-alcoholic beverages (i.e., bottled water, can soda. etc.) P. # ❑ Vendors selling food # ► Business License #(s) ❑ Vendors selling merchandise # ► Business License #(s) ❑ Food/beverages to be handled by organization: no outside vendors ❑ No food at event ❑ Vendors selling services # _ ► Business License #(s) ► Explain services E 'Vendors passing out information only (no business license needed) # ► Explain type(s) of information _ /_ - E(No selling or informational vendors at event 5 Special Event Application (continued) Having children activities? PLEASE NOTE: In the event inflatable jumps are provided at the event, The City of National City • requires commercial Iiab lrty insurance with !units of at least $t. Mil ion dollars •per•Wcti ioe42 Million . dollars aggregate. In addition, the City of National City must be named as an Additl natJnsured pursuant to a separate endorsement, which shaft be provided by the vendor or its:insurer to'the City!s Risk Manager, along with the Certificate of Insurance, for approval prior to the event. The application should be filed out at feast one week prior to the event.. There is .a $25 fee to process the permit application. For questions or, to obtain a copy.of the:"FadlItyr.Use,Apptication`,.please•rontact the Community Services Department at (619) 336-3290. Inflatable bouncer house # ❑ Inflatable bouncer slide # ❑ Other _ ❑ No children activities at event Having fireworks or aerial display? ❑ Vendor name and license # Dimensions Number of shells ❑ Rock climbing wall Height Q"Arts & crafts (i.e., craft making, face painting, etc.) Duration Max. size PLEASE NOTE: In the event fireworks or another aerial display is parried for your event, The City of National Cityrequires commercial liatiif. eq tty insurance with lirnk� � at iee�•�tit�n�dollars per occurrence/ $4 Million dollars aggregate. In addition, the City of National City must be named as an Additional Insured pursuant to a separ>ite endorsement; whicf►stiita re provided by the vendor or its insurer to the Citys Risk Manager, along with the Certificate of Insucarjoe, ler-:approval prior to the event. Depending on the size and/or nature of the fireworks disp)a this City -reserves the right to request higher liability limits. The vendor must also obtain a fireworks permit from the National City Fire Department and the cost is $349.00. Arranging for media coverage? "es, but media will not require special set-up ❑ Yes, media will require special set-up. Describe ❑ No, not arranging for media coverage 6 Special Event Application (continued) . ..- PLEASE NOTE: For City sponsored or co -sponsored events, banners publicizing the event may be placed on the existing poles on the 1800 block and'3100 Mick of National City Boulevard. The banners must be made to the Citys specifications. Please refer to the City's Special Event Guidebook and Fee Schedule for additional information. ❑ Yes, we will post signage # Dimensions _ El Yes, having inflatable signage # _ ► (complete Inflatable Signage Request form) L/ Yes, we will have banners tt ❑ What will signs/banners say? _ ❑ How will signs/banners be anchored or mounted? _ ❑ No signage at event El No inflatable signage Waste Management PLEASE NOTE: One toilet for every 250 people is required. unless the applicant can show that there are sufficient facilities in the immediate area available to the public during the event. ❑ Are you planning to provide portable restrooms at the event? If yes, please identify the following: TVA ► Total number of portable toilets: _ ► Total number of ADA accessible portable toilets' ❑ Contracting with portable toilet vendor. ► �A Company Phone P. Load -in Day & Time _ , ► Load -out Day & Time _ ❑ Portable toilets to be serviced. ► Time Set-u•, Breakdown, Clean-u. Setting up the day before the event? ❑ Yes, will set up the day before the event. ► # of set-up day(s) Q No. set-up will occur on the event day Requesting vehicle access onto the turf? ❑ Yes, requesting access onto turf for set-up and breakdown (Contact Public Works at 619/336-4580) /0 No, vehicles will load/unload from nearby street or parking tot. 7 Special Event Application (continued) Breaking down set-up the day after the event? ❑ Yes, breakdown will be the day after the event. O. # of breakdown day(s) ❑ No, breakdown will occur on the event day. How are you handling clean-up? ❑ Using City crews Using volunteer clean-up crew during and after event. CLrd- .---` ❑ Using professional cleaning company during and after event. Miscellaneous Please list anything important about your event not already asked on this application: Atoef-of Please make a copy of this application for your records. We do not provide copies. 8 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. A ke Organization /o e. A/ Q CA I1 9szo Person in Charge of Activity / a-t'' Address loW C EeflS/• 3 (v C CA 9 f 94-j Telephone( ) - `f V bO Date(s) of Use 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, indemnity 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. datz- Signature of Applicant Official Title Date .9-/s'/01 For Office Use Only Certificate of Insurance Approved _ Date 9 Non-profit organizations 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 SEP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) / v No (Please sign the form and submit it with the SEP Application) 2. Please state the name and type of organization sponsoring the event for which the SEP is sought and then proceed to Question 3. Name of the sponsoring organization )/, Type of Organization (Service Club. Church. Social Service Agency, etc.) r1A 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 SEP 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 Question 5) 10 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. _ No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (Please sign the form and submit it with the SEP Application) Signature: Date: City DepArtvu.ei .t R.outtvt,g For office use ool Event: Department: Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Tony Garcia, Acting Director Building & Safety Department 12 ACORD.. CERTIFICATE OF LIABILITY INSURANCE PROOUCE'R ^bomber Benefits Ins. Program cense No. 0084263 .0. Box 124640 San Diego CA 92112-4640 P1one:619-683-9990 Pax:619-683-9999 .TOURED Fortune foods Inc. Fortune Managgement Co. Inc. Mr. Lito Hontiveros 2883 Surveyor Street Pomona CA 91768-3251 JX OPFO�M1--1 GATT (IYWOTTYYY) 05/01/08 THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIRCATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW. INSURERS AFFORDING COVERAGE INSURER A[QOsflt Gloat C..1..1 Inn co INSURER 0 AprL.PI„!d In. ...... rn.pSry INSURENC INSURER D NSI/RER C' NA1C Ho ANT MAY POL sirsrmous LTR POI ;TOO PERTAIN ICI pow, IC.FS PIPMEHT. S AGGREGATE OF PiSURANCE USTED YELLTW IIAK FIFER LSSUED TO THE INSURED NAMED ABOVE FOR THE POLICY FERVID INDICATED NOTMIITHSTMSINC TERM OR COTTON I ION OF AITY CONTRACT OR OTTER rxLCJSrtNr WITH RESPECT 10 MMICH TSS PPRTFICATE MAY BE UGiSULD OR TIE MURAIR:E AK Ow7ED BY TIC POUFS DESCRIBED M.RLN 6 SUBJECT TO AU 1 NG TERMS. EXt7.USI»N6 AND COMMONS OF SUCH LENTS STAMM WY HAVE STEN REDUCED BY PAD woos T V of INSURANO. IHJUCY NUMBER - DATTEE'MINIDD Y ` DATE �QIIBIDOIY UMTS A GENERAL X UA MUIN FM915148602 06/03/07 06/03/08 E/tel OCCURrc WX $ 1000000 CorFFRCw GueNALUAeiIre n . TOI RETITE� . 300000 Y QAS woe (X 1 ocLLM 1 sins,w w', *”no') s Excluded PERSONAL i ADV HAIRY 1 1000000 X OEHLAGGNEGIITL Z O $10, 000 BI/PD Ded GENERAL AGGREGATE s5000000 LLlT APYIES PER Pa1cY r ^ L Dc PRODUCTS • COSONOP AGO s2000000 _ Ben. 1000000 A BA915148602 06/03/07 06/03/08 COAAIISl D:MOLE USITf IEP'mOiP) $1000000 AUTO_G LI UABBJ1Y AITvAUTo ALL OVM40 AU I OS SCHEDULED AUI as Irmo AUTOS NON oEMJED AUTO; X X BQOLY IHJIfRr IPA..p..,.,) WOOLY WW1 TpN? X PROPLRIYt)N GE (P« wa*l) $ OARAGL UAlIJTY EE NCI AUTO ALTO ONLY. EA ACCIDENT s OTTER THIAN CA NX $ AUTO ONLY. AGG s A CEBSNSMIR[LLA X -- X LMINJTY UMB915148602 06/03/07 06/03/08 E/H?I UCCW/RENCT s 10000000 (OCCUR [ l I:LA W MADE ' DEOUCT1BLL jimmanON $10,000 ACCREc. TT s 10000000 s _ s 1 B UOIOIERl � ANY OF FICERAIENNEREXO P —. SPECLAIPRO'RASIONSpP1v, CDVEASATION AND LIAMIL � � t.V I-- PROPREIOMPARTNERIEUFM UtWO> WC0173305 12/01/07 12/01/08 X f I'Wiens- ER L L E.ACAMXI NT $1000000 . -.. .. --�� FL DISEASE-LAEMJPtOYLs 1000000 . domAm IPIPpr EL USEASE-PoucV lain s 1000000 OTWER mutes Tlox a o►E Mums r L ounma / VSmou s / ExcLusima ADDED BY ssixm lIYsxs i mem t Pw mums Certificate holder is named as an additional insured, but only as respeots the operations of the named insured with respect to: Fiesta Filipinas Mexicana, to be bald July 12, 2008 at 1420 E. Plaza Blvd. National City CA in the parking lot. *10 day notice of cancellation for non --payment of premium. CERTIFICATE HOLDER CANCEU T)ON City of National City 1243 National City Blvd. National City CA 91950 ACORD 2S (2001roe1 CITTNAT SHOULD MIT OP THE ABOVE DESCRIBED POUCJ!! NS CANCELLED BEl•ORE THE EXPIRATION DATE THETIEo.. TNN ISWINO eWVRPA YIR. CHDCIIVCR YU Any 3O• pinvs weer+••. NOTICE TO OM CSRTVICATE HOLDER NAMED TO THE LB/T. MUT PALURE TO DO SO SHALL IMPOSE NO Oe%, AflON OR UADLRY or ANY RIND UPON THE ureupost ITS AGSM OR /BRLAUITATNR. E \ _ cs ACORD CORPORATION 19M ACORD. CERTIFICATE OF LIABILITY INSURANCE PRDnucER Chamber Benefits Ins. Program License No. 0084263 P.O. Box 124640 San Diego CA 92112-4640 Phone:619-683-9990 Fax:619-683-9999 Fortune Commercial Corporation Fortune Management Co. Inc. Mr. Lito Boon 'gverost PomonanC- 91768 32251 OP ID JE a �DD�n POit'RI-1 05/01/08 THIS CERT1FICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO MOMS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A..I.....ut moot cant awl INSURERS Spx aa:Ta.ld Jna.0 ante Caayaay INSURER C INSURER 0. NAIL INSURER T COVERAGES THE AYY MAY P01 ANSIf1IS Lnl POUCIFS RF011RLJENT. PC CE SUMO OF NSl1NA$(:E (16YFD Bo OW HAVE BEEN ISSUfn To THE NSUfEU TAMED ABOVE MR THE POLICY PERIOD IMICATLO TUBA On CONCI I1DIY OF ANY CONTRACT lllt U1 NE H UOCLJJENT VA111 RESPEC 110 YIN/CH TWS CERTII 1CATE IMY RTAN, THE ETSLIRMJCE ATFpace DRY THE POUCES OESCRBED HEALING SUOJcCT TO ALL I HE I FJWS. EXCLU51CN$ ANO COAT S AGGREGATE I NITS SHUVYN WV HAVE BEEN REDUCED BY PAID CLAYS. /IOTWTTHSTANDNG BE ISSUED OR 1 SONS OF SUCII TYPE CV INSURANCE POLICY NICER �DIYTB (may pMOM 011TE LAWS A Z GENERAL z Z (ANL X-1 IJAWUTY COIU CIALGfMRALUAJRLRY 1 CLAMS JJADF 5-0 OCCUR 1M915148602 06/03/07 06/03/08 EACH OCCURRENCE f 1000000 isEa�:N s300000 ► ) REG EXP (AN/ .-I,Person; 1 Excluded _ PERSOIUL a ADV INJURY $ 1000000 $10,000 BI/PD Dcd txL1ERALAacaEt:lllk s5000000 AGGREGATEN UM I ALLS PER PRODUCTS- COMPMR AJP $ 2000000 P0uCY I ^l 'Pi ' LOc Kap Ben. 1000000 A ANTONOeul x. _ Z UAB6fTY ANYALJTO AL. 01M{D AUTOS smsIXLE0 AUTOS HB0rU AUTOS NOFTOR ED AIR OS BA915148602 06/03/07 06/03/08 COMBWEDSNGIFIPIET M'�xdax/) :1000000 110011.Y INJURY InvPrrclry 0004 Y WOW (' ""0"Y� Z PHLJPkR 1 Y(JAANOE ,Per moons) CMAOE I LIAaEUTY ANY AUTO AUTO ONLY EAACCOENT f OTHER n EA ACC f AUIOONLY . Kam. S A EXCEaaILNERau Z l SAMMY octw 1 I cLAYswJJk DEDUCTIBLE RE-TENTON f10,000 UMB915148602 06/03/07 06/03/08 CAa+OC mnusE f 10000000 AOc:RE-G lTE s 10000000 ZI s f $ B NC0i73305 12/01/07 12/01/08 j It ITo E1UEIyS_LLiJERi TIORKERSc0 wtsessummin n/A OFFICERAIFIEBEREXC.MO' SPECML VETNI ATqu AND Jet To ew�xfG�Nf EL EACHACCOExI 51000000 tL DISEASE -EA EMPLOYEE f 1000000 DRivast Mb1l.VJ$ lNa'r. L L DSS&ASC - POLY LVMT f 1000000 OTHER O* CTWTI0N Of ovENAnC J LOCATORS/ VEHICLES J EXCLUSIONS ADOED !Y 191IOCe3i1MAT J SPECJU. PAOV 510NS Certificate holder is named as an additional insured, but only as respects the operations of the named insured with respect to: Fiesta Filipino Mexicana, to be held July 12, 2008 at 1420 E. Plaza Blvd. National City CA in the parking lot. *10 day notice of cancellation for non-payment of premium. CERTIFICATE HOLDER CANCELLATION BAZPLAZ Bay Plaza, LLC Safco Capital Corp 1850 S. Sepulveda Blvd., 4200 Los Angeles CA 90025 AcoRD 25 (2001gl) SHOULD ANY OP TIR MOVE OGSpUBWD POLK= SE CAlocCLIED BEFORE TIC EXPRA RAT[ neLMQ. 1,a 1 .anD ..m,n l WILL anoco VL»I 1 u saaL 30 a RAY► w.An.M NOTICE TO THE GCRTVLATS ROUTER NAMED TO T11E LAST. OUT 'mullet TO D0 B0 SMALL rPO$k NO OeUOATLON ON UABERY O► ANY NND UPON THE IMAM ma wooers on INTATIVBE AU7F,..06P1ISZlinPfi< PJ ACORD CORPORATION HMS .MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT June 17, 200R AGENDA ITEM NO. 24 ITEM TITLE 11 MPORARY USE PERM I - Go Green on the Green Movie Night on August I. 2008 at dusk in Kimball Park. The event is expected to last approx. 2.5 hours. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from the Community Services to conduct the Go Green on the ( ircen Movie Night event at Kimball Park on the evening of August 1, 200R. Set-up for the movie will begin at 5 p.m. and the movie will start promptly at dusk. This event is designed as a family night for the residents of National City. 500 people are expected to attend the movie viewing. Refreshments will he provided by the Community Services Department and clean-up will he performed by volunteers. The Community Services Department requests that "no parking" signs he placed on the SW corner of 12th and D. Environmental Review X N/A Financial Statement Approved By: This is an event sponsored by the Community Services Department. The fees for the Public Works Department are $132.23. Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution o. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9:991 CITY OF NATIONAL CITY BUILDING AND SAFI I'Y DEPARTMENT APPLICATION I OR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Community Services Department EVENT: (.o Green on the Green at Kimball Park DATE OF EVENT: August 1, 2008 TIME OF EVENT: Dusk, approx 2''/ hours APPROVALS: PLANNING FIRE PUBLIC WORKS/PARKS FINANCE COMMUNITY SERVICE POLICE ENGINEERING ('II Y A I'IORNEY RISK MANAGER 13H11.1)IN(i Rc SAFETY YES [ x ] NO [ YES I x ] NO I YES[x] NO( YES Ix J NO [ YES [ x ] NO I YES [ x ] NO [ YES [x] NO [ YES [x] NO [ YES ]x] NO ( YES [ x ] NO I SEE CONDITIONS SET-: ('ONDITIONS SEF CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEF. ('ONDIIIONS SEE CONDITIONS SEE. CONDITIONS SEE CONDITIONS CONDITIONS OF APPROVAL: RISK MANAGER (619) 336-4370 I've reviewed the application for the proposed City -sponsored use and note that the event will he held entirely on City property at the Kimball Park 1-3ow1 (War Memorial). The logistics of the event appear reasonable and do not pose any unusual liability exposure. have no objections to the event as planned. hit IIi.DIN(i R SAFETY (619) 336-4210 I. The event is in a public park which requires proper notification to surrounding residents. See attached addresses. 2. Applicant shall not erect any permanent structures. Any structures erected are subject to formal inspection and permitting as required by the CA Building Code. PUBLIC WORKS/PARKS Street Division 1. Staff will post "no parking" signs along the streets before the event. 2. The cost to provide Street personnel support for this event is estimated to be $35.27. This amount should he paid to the City unless waived by the City Council. • Man Hours 1 hr (c% $32.57/hr = $ 32.57 • "No Parking" sips 6 (a 45ff ea = 2_70 • 'Total = $ 35.27 Facilities Division ('ost of labor for the electrician is as follows: • 3 hrs (overtime) $33.32 Unless waived by the City Council, the applicant shall pay $132.23 for staff costs associated with this permit request. Said costs should be applied to Facilities Account 11105-442-000-102-0000. ❑ Fair/Festival City of National City ■ Building & Safety Department 1243 National City Boulevard • National City, CA 91950 (619) 336-4210 TEL • (619) 336-4217 www ci.national-city.ca.us Parade/March ❑ Walk or Rim ❑ Concert/Performance ❑ Outdoor Market -I Sporting Lvent V'` Other (specify) f�%t ! oo M-/tov 1 cc_ Event Name & Location Event Title &O &t `QLJ lrt lG �Q� J (1tea t/►r€ Event Location (list all sites heing requested) K1tA'� �'�L �a� Event Times Set -Up Starts Date AO 0-, 1 Time PM y Day of Week r - Event Sta/r�s,,� �JS y Date —j ` &i Time t Event Ends Date i-ti Con Breakdown Ends Timeh �' S key Day of Week \/r Day of Week �` /f Date f}-00-% t Time t- 1 Ukci— Day of Week A • plicant Information Applicant (Yoiir name) .20O1 u z Event Coordinator (if different from applicant) Sponsoring Orgatrization GSA Mailing Address C �� _ 54-cc.1 / S f € Day Phone VS-7.0 After Hours Phone 15tb RAO/ Cell Public Information Phone 33(0 —to-1 0 E-mail Fax _ Applicant agrees to investigate, defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and ail Toss, damage, liability, claims, demands, detriments, costs, charges, expense (including attomey's fees) and causes nt action of any character which the City, its officers, employees and agents may incur, sustain or be subjected to on account of loss or damage to property or the loss of use thereof and for bodily injury to or death of any persons (including but not limited to the employees, subcontractors, agents and invitees of each party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any City premises under this agreement to the extent permitted by law The undersigned also understands and accepts the City's refund policy for facility use and that tees and charges are adjusted annually and are s bject to change. Signature of Applicant: Date Special Event Application (continued) Plea$e cQ(nple2e-tltp fo4)Q $n9 Sections with as much detail as possible since fees ands t0re0ty-f§.afft bsed,on ttie infiarni4tjon you provide us. Descrl •tion of Event ❑ First time event (include site map with application) Returning Event Note that this description may be published in our City Public Special Events Calendar 1-14 t t-t/ NlD✓f f[ 1J t b‘(kT )10 1 ff4-- PRQ Estimated Attendance Anticipated # of Participants. Anticipated # of Spectators ,53. Traffic Control, Securi , First Aid and Accessibility Requesting to close street(s) to vehicular traffic? ❑ List any streets requiring closure as a result of the event (provide map) Date and time of street closure Date and time of street reopening ❑ Other (explain) Requesting to post "no parking" notices? Yesitk No ❑ Requested No Parking" on city streets and/or parking lots (list streets/parking lots) (provide map) n Other (explain) ❑ No notices to be posted Securl and Crowd Control Requesting Police Services? Yes No ❑ Number requested? If yes, please indicate the type of police services requested Senior Patrol ❑ Reserve Officers ❑ Explorer Cadets OilOther Special Event Application (continued) Please describe your procedures for both Crowd Control and Internal Security: Have you hired Professional Security to handle security arrangements for this event? Yes [] No If YES, name and address of Security Organization Security Director (Name) Phone !f uslrig the services of a pfofessionai•seggr(ty fttrn AND the event waf•o cur on Ctty propefty, pleae prove -a copy Of arFsnurace.€ttffcr .(gP.OungacQY'er3gq with dmtsofas:$1 f1.44.$occutRce$2 711doft.iaMillion insured endorsfement nat 4ttt tytieCity of NatieiYat City, d othirers t n}iroyees, and ageht$ gs additiorrdt uisureds. Evidence of iristuance must -be provi J d by the Vaild ►i r'its usurer to the City's Risk• Mfanage'r for review and approval prior to the event. Is this a night event? Ye No ❑ If YES, please state how the eveer3t an surrounding rea will be illuminated to ensure safety of the participants and spectators _ 1j 5 f Please indicate what arrangement you have made for providing First Aid Staffing and Equipment: First Aid ❑ First aid station to be staffed by event staff 9 First aid/CPR certified? ❑ Yes ❑ No • First aid station to be staffed by professional company. ► Company _No first aid station at event Accessibilit Please describe your Accessibility Plan for access at your event by individuals with disabilities: Elements of your Event Setting up a stage? ❑ Requesting City Stage, if yes. which site9 ❑ Applicant providing own stage ► ❑ Dimensions (13x28) ❑ Dimensions (20x28) (Dimensions) Og-No stage at event Special Event Application (continued) Setting up tables and chairs? P.Furnished by City # of tables # of chairs ❑ No tables being set tip F] No chairs being set up ❑ Furnished by Applicant or Contractor # of tables D No tables being set up # of chairs ❑ No chairs being set up Contractor Name Contractor Contact Information Address City/State Phone Number Setting up other equipment? ❑ Sporting Equipment (explain) / r Q_ IS -Other (explain) C Pd.1D Pt BLS / h�4 `�M �" �' ke 'p-62_4,1 ❑ Not setting up any equipment listed above at event Having amplified sound and/or music? KrA System for announcements ❑ CD player or DJ music ❑ Live Music ► [] Small 4-5 piece live band ► n Large 6+ piece live band ❑ Other (explain) ❑ No amplified sound/music at event If using live music or a DJ. ► Contractor Name Address City/State Phone Number Using lighting equipment at your event? ❑ Bringing in own lighting equiprent ❑ Using professional lighting company ► Company Name Address I[Jo lighting equipment at event City/Slate Phone Number 4 Special Event Application (continued) Using electrical power? Nil -Using on -site electricity ❑ Bringing in generator(s) XFor sound and/or fighting [.I For sound and/or lighting Having, selling and/or information vendors at your event? (1 For food and/or refrigeration ❑ For food and/or refrigeration PtASE NOTE: You may he required to apply for a temporary health perinit-if foo`11 or beverages • (4:4,01crotgiven awa,'dtcrmg yaur special 0,vent Aso see'P.,ehrfuts and Cori trance' onpa9e 718 i the S e�ial'Even3 Gmde: For addNten3l;iftio/nla(ron•oft dbtaining a temp tlea{th permit, please contaofthe CDunty of San Diego Ehvironmental Health at (619f 338•2363. ...!-laving food and non-alcoholic beverages at your event? [J Vendors preparing food on -site I. # ► Business License # If yes, please describe how food will be served and/or prepared ❑ Vendors bringing pre -packaged food I. # ► Business l icerise # ❑ Vendors bringing bottled, non-alcoholic beverages (i e , bottled water, can soda, etc.) I. # ❑ Vendors selling food # _ - I. Business License #(s) El Vendors selling merchandise # I. Business License #(s) ttSt1 'ood/beverages to be handled by organization; no outside vendors J No food at event ❑ Vendors selling services # ► Business License #(s) ► Explain services Vendors passing out information only (no business license needed) # I.Explain type(s) of information 5 6&N * L / M 1 L. <DP ❑ No selling or informational vendors at event 5 cS Special Event Application (continued) Having children activities? PtrEAS>L,NOTE:. fn the event intlptable lumps are provided at the event, The City of National City regtures;;eliotinteifc hT rn;4 *e with limit cif at least•$1 N ihon dWars per octuitersrrei0Mrlrit>n dollars aggregate In•;sdditibn, (he City of National City must be nanied as an Additional Insured pu0u00t tq $ sepaOlp> en orseriient, which shall be provided by the vendor or its insuier to-the•City's Ri k,11Qan8gcr, along.wittt the Certificate of Insurance, for approval prior to the event The application filed•out at.igst otte week prior to the event There is a $25 fee to process the permit ruin. For.queVigns Or to Obtain a copy of the "Facility Use Application", please eontact the Community ServiGe$•Pepartment at (619) 336-3290 Q Inflatable bouncer house # n Rock climbing wall Height ❑ Inflatable bouncer slide # n Arts & crafts (i.e , craft making, face painting, etc ) ❑ Other - ❑ No children activities at event Having fireworks or aerial display? ❑ Vendor name and license # Dimensions Duration Number of shells Max size PI.EASg NOTE: In the event fireworks or another aerial display is planned for your event, The City of National City requited coninieroiat Liability insurance with limits of at (east $2 Million doltars per occurrence/ $4 Mittfon.dollars aggregate. In addition, the City of National City must be named as an Additional Insured pursuant to a separate endorsement, which shall be provided by the vendor or its insurer to the City's. Risk'>vlanager, Along with the Certificate of Insurance, for approval prior to the event. Depending 6n the size andtor nature of the fireworks display, the City reserves the right to request higher liability limits The vendor must also obtain a fireworks permit from the National City Fire Department and the cost is $349 00 Arranging for media coverage? fi_Yes. but media will not require special set-up ❑ Yes, media will require special set-up Describe _ ❑ No, not arranging for media coverage 6 Special Event Application (continued) . ..- P1EvA.V, `t`iQTfr: E»F City sponspred=grffp;spdnsared events, banners public zrn9 the event may -be ptac -On the eX0inDiapteS on lhe iffg ibiitk,and 3-106 block of N3treinat day Bodtevard The banners must be rnade.to the C y s specifications Please refer to the City's Special Event Guidebook and Fee Schedule for additional information. ❑ Yes, we will post signage # Dimensions ❑ Yes. having inflatable signage # ► (complete Inflatable Signage Request form) F.1 Yes, we will have banners # 11 What will signs/banners say? ❑ tlow will signs/banners be anchored or mounted? _ -No signage at event ❑ No inflatable signage Waste Management PLEASE NOTE One toilet for every 250 people is required, unless the applicant can show that there are sufficient facilities in the immediate area available to the public during the event. ❑ Are you planning to provide portable restrooms at the event? If yes. please identify the following: ► Total number of portable toilets ► Total number of ADA accessible portable toilets ❑ Contracting with portable toilet vendor ► Company Phone b.Load-in Day & Time ► Load -out Day & Time _ L] Portable toilets to he serviced ► Time Set-u • Breakdown, Clean-u • Setting up the day before the event? ❑ Yes, will set up the day before the event. ► # of set-up day(s) KNo, set-up will occur on the event day Requesting vehicle access onto the turf? ,Yes, requesting access onto turf for set-up and breakdown (Contact Public Works at 619/336-4580) ❑ No, vehicles will Inadlunload from nearby street or par king lot 7 Special Event Application (continued) Breaking down set-up the day after the event? ❑ Yes, breakdown will be the day after the event. ► # of breakdown day(s) }-No, breakdown will occur on the event day How are you handling clean-up? ❑ Using City crews OIUsiny volunteer clean-up crew during and after event (=j Using professional cleaning company during and after event Miscellaneous Please list anything important about your event not already asked on this application Please make a copy of this application for your records. We do not provide copies. x 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 Person in Charge of Activity Address Telephone Date(s) of Use 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 perrnittee or its agents, employees or contractors. Signature of Applicant Official Title fate For Office Use Only Certificate of Insurance Approved Date Non-profit organizations 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 SEP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the SEP Application) 2. Please state the name and type of organization sponsoring the event for which the SEP is sought and then proceed to Question 3. Name of the sponsoring organization Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the forrn and submit it with the SEP 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 Question 5) I0 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. __ No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (Please sign the form and submit it with the SEP Application) Signature: Date: Event: nepartvu.ewt Routi,14,0 Eor o ( ( Lce L-tse ovuLu Department: Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Tony Garcia, Acting Director Building & Safety Department 12 City of National City, California COUNCIL AGENDA STATEMENT flEETING DATE hint 17. 2004 AGENDA ITEM NO. 25 ITEM TITLE Request to Use the Martin Luther King, Jr. Community Center by the Environmental Health Coalition for their Community Recognition Event on Saturday June 28, 2008 with no waiver of fees. PREPARED BY Kaseem Baker Phone: (619) 336-4274 EXPLANATION DEPARTMENT Community Services The Environmental Health Coalition is requesting use of the Martin Luther King, Jr. Community Center for their Community Recognition Event on Saturday June 28, 2008 from 12:30pm to 4:30pm. Approximately 250 guests will be attending. Cost: Building Use Fee: $ 50.00 Kitchen: $ 40.00 Hall Fee: $ 469.04 Custodial: $ 132.00 Total $ 691.00 Cleaning Deposit: $ 100.00 Kitchen Deposit: $ 60.00 This request is consistent with City Council Policy #803 which governs the use of the center. Environmental Review N/A Financial Statement Approved By: Finance Director Approving the request for use will result in fees of $691.00 plus $160 in refundable deposits. Account No. STAFF RECOMMENDATION Approve the request for use. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Application for use of the Martin Luther King, Jr. Community Center A 200 (9/99) Environmental Health Coalition COALICION de SALUD AMBIENTAL 401 Mile of Cars Way, Suite 310 • National City, CA 91950 • (619) 474-0220 • FAX: (619) 474-1210 ehc®enviranmentalhealth.org • www.envitonmentalhealth.org June S, 2008 Director of Community Service Department Martin Luther King Jr. Building 1040 F. 1211i Street, Suite A National City, CA 91950 I )ear Director, =O41M t',v 4 q 'Th SERL/ lO08 <"FPt We are requesting use of the Martin Luther King Jr. Community Center for a celebration on 28 June 2008, from 12 pm 4 pm. The event is to celebrate the graduation of community residents from SAI: fA (Salad Ambiental Lideres Tomando Accion Environmental Health, Leaders Taking Action), our training workshop on community organizing and advocacy for social and environmental justice. Most of the graduates are from National City. Our programs supporting the community in National City address public health problems including childhood lead poisoning and asthma. We participate in the National City Healthy Homes Program. Environmental Health Coalition (EH(') is a private, non-profit 501(c)(3) organization founded in 198(1 and dedicated to environmental and social justice. Our federal tax ID number is: 95-3798792. We work in low-income communities on both sides of the San Diego/Tijuana border, including National City. EI IC is committed to supporting these communities by empowering residents to participate in decisions affecting their health. As we are a contractor of the city, National City is listed as an additional insured on our liability policy. 1 am attaching a copy of this evidence of insurance - as you will note, the policy anniversary date is May 13. The policy has been renewed with the same coverage, but we haven't yet received the new policies or certificates. If we don't have these by the time payment is due, I will request a letter from our broker. The guidelines indicate that you can recommend a waiver of lees for non-profit organizations and we would greatly appreciate anything you can do in this regards. Thank you for your consideration of our request. Sincerely, Maria Moya, Community Organizer fnntto 0+ nt,olto V.Vo wqh ,o,WUJ mb City of National City Facility Use Application 140 E. 12th Street, Ste. A National City, CA 91950 (619)336-4290 Fax (619) 336-4292 After hours dispatch: (619) 336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of a City Facility attend the City Council meeting when the item is scheduled fur consideration in order to answer any questions from the City Council Facility Requested: please circle M ti � Lott Ag Jr�titjldiil�� North Room South Room Entire Facil Kimball Senior Center Casa De Salud Date(s) of Use: 7e. Day(s) of Use: &din, y. Time of Use: From: l / �7 AM/&N { n: Y AM/�- INCLUDE SET-UP & CLEAN-UP TIME I ype of Function/Activity: D"—m�,12C-6111,-1-70/1 eAleili Is the event open to the public? id° ame & Address of Organization/Group: II 16sonmev491 44J ilxt{AOC1 - iloi YY1,(eor Girl 4tlaj Su,I �e 310 111Onul Cl-j cig 414(D Non-profit organization: no Tax ID # '/h - 3-7qd l (;)-... . Anticipated Maximum Attendance: Z5o Percentage of National City Residents .-.75 /• Will Admission be charged? [VD Amount $ Will this be a Fund Raising Event? Equipment Requested: 2� # of chairs 35 # of banquet tables ye_S Stage yel Podium/Microphone y ° r•. r-',' ; ++ ;._- n 0 We of Kitchen: N Yes - No Use of Gas for Range and Oven: %X Yes No K ajl Is the Use of Alcohol Requested? f\)__O z o -< z n z .< z Will other paid services be used (i.e., commei dal caterer, I)), Rand, etc)? YES XM en ET1 033 =i C N Name: _ Phone: 0 o m 0 m coo....., Name: Phone: o m -o 71 How many times in the last twelve months have you requested to use a City Fac:illty? It is expressly understood and agreed that the applicant assumes all risks for loss, damage, liability, injury, cost or expense that may arise during or be caused in any way by such use or occupancy of the facilities of the City of National City and/or Community Services Department. The applicant further agrees that in consideration of being permitted the use of the facilities agreed to, they will save and hold harmless the said City of National City, its officers, agents, employees and volunteers from any los, claims, and liability darnages, and/or injuries to persons and property that in any way may he caused by applicant's use or occupancy. I, the undersigned, hereby certify to abide by the regulations governing said facility and agree to abide by all City of National City ordinances and facility rules and policies, and be representative of the user orrlani/atiun. Fuither, I agree to be personally responsible for any damage/loss sustained by the grounds, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Applicant recognises and understands that use of the City's facility may create a possessory interest subject to property tnxatinn and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 10/ and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/GROUP TO CONFORM TO ALL OF ITS PROVISIONS. DA IE COMPLE FED: I05i e PRIN 1 NAME: se/1/4 SIGNATURE: ADDRESS OF APPLICANT: e}}OF Cu1J Cl 1 Y, S I AI F, and ZIP CODE: (\TQY et Crli ui 9Lasp PHONE: DAY (OIQ 1Pj oZZO EVENING �e�'� L I 1 0 120 EMAIL: 11Q FAX NUMBER61411311Z1D �e,14 •dr CONTACT PERSON ON THE DAY OF THE EVENT: _ MCIVI U' MQ HOME PHONL: (o )a31f - yLj ' 1 CELL: (Oq )1 3- -÷ I is Please type or print dearly with d ballpoint pen. Complete application must he submitted and payment submitted in advance of the event. Rental Amount P.ccciverl: _ Deposit Amount: Community Services Staff Only - Rereipt Number: Depu.sit/Key Returned: Check Kcy Issur.di: YL� NO CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT 'ersons requesting use of City property, facilitie, or per; noel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage. which include the city, its; officials, agents and employees named as additional insured and to sign'the Hold Harmless Agreement. Certificate of Insurance roust be attached to this permit. Organization: 5 Y2(17n I e411-11 Ci )-ion L Person in charge of activity: _� Y1k ria ►Y-to ,)?I/Sea )-�-h. D Address:.(" oil 0, `.UY.! Wet j # _ � 91 . Telephone: coil L{. II D 220 [-Mail: l 1'1UV_)Ul\iimil) rdzi. I feu1 414 Oil City Facilitie; and/or property requested: /ii,_ r_r,.)_Jr Sic - r ;.z 4.. (; (1-61 Date(s) of use: ( / ,�- (O ' HOLD HARMLESS AGREEMENT ,s 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 its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or dautaue, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys tees and the costs of litigation, arising out of or related to the use of public property or to the activity taken under the permit by the permitee or its agents, employees or contractors. •J‘7c 44 Signature of Ap r r to / S /U 6' Official [me f)atc Certificate of Insurance Approved by Name and 1 itle 4 Safety/ Security Please describe your procedures for crowd control and internal security: l0 q.c,f Wiemtef s deJb #eel o morn fU1Y1 41p4_ coal ri�y Of YES _ 7JvO Have you hired any Professional Security organization to handle . security arrangements for this event? If YES, please Ilst: Security Organization: _ Security Organization nddres : Security Director (Name): l'hone: _ 5 111...111 Monitoring Alcohol Consumption Please describe your procedures for monitoring alcohol consurnpi ion: Organization must designate a person to ensure that alcohol is being served to persons 21 years of age or older. The designated alcohol server must also he 21 years of age or older. Name: Contact phone number the day of event: YES (-NO Have you hired any Professionirl Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address;: Security Director (Name): _ Phone: 6 Public Works Police Department Fire Department Community Services Building and Safety Engineering Risk Management _ Finance Department Planning Department _Yes No Condition(s) of Approval Specific_ Conditions of Approval: __ Date Initial 7 ACORD_ CERTIFICATE OF LIABILITY INSURANCE OP ID JI ENVIRO2 05/21/07 DATE IMMOD/YYYY! PRODUCER Wateridge Insurance Services 10717 Sorrento Valley Rd. San Diego CA 92121 Phone:858-452-2200 TED Fax:858-452-6004 Environmental Health Coalition Patti 401 Mile of Cars Way #310 National City CA 91950 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE INSLHLRA Anrtl. An.nt•-• II I, 1.t• I. INSt,R: R H INSURFR C ----- - INGUF.ER D INSIIRFR F NAIC 1 COVERAGES THE POLICIES OF INSURANCL LISTED DEL OW HAVE BEEN ISSUED TO THE NCI IRE NAME D AROVF FOR THE POI MY PFRIOD INn7C.ATFO NOTW:THSTANOINC. ANY RFOUIRFMF NT IF PM OR CONDITION OF ANY CON RAC I UR OI HL N WCUTAL N I WI I I I RC SPE CT TO WI HO1 TIIIS CC tt111 ,CAI L MAY LIE ISSUE U UN MAy PERTAIN THE INSURANCF AFF ORDF D BY THE FOLI(:IE S UL SCRIUt U Ht Nt IN :S SUHJF L I I U ALL 11,1 I INNS LXCL USIONS ANU LUNUI TUNS UI SLICN POIICILS AL.GNE GA IL LIMITS SIIOWN MAY HAVE RFFN RFnl rFD RY °Aln f.I AIMS INSR ADPU LTR INSRD TYPE OF INSURANCL GENERAL I IABILITY A X COMMERCIAL GENFRrAi I IARII ITV 200501687 1 CLAIMS MADE I •• OCCUR POLICY NUMBER DATE IMM,ODM') DATE (MM/D0t'YI P uCY EF iCTIV POLICY CXPIkA110F1 LIMITS GFNI AGGREGATE IIMIT APPLIESPER riPOLICY JCCPROT )1 IICV" AUTOMOBILE LUDIL I TY ANY AUTO 1 Al I OWNFD AUTOS -1 SCHEDULED AUTO!. X HIRED AU IOS X NUN OWNED AU I OS GARAGE LIABILITY ANY AUTO 05/13/07' 05/13/08 200501687 05/13/07 05/13/08 L ACH OCCUkkENCE DAMAGE TOREN TED PREMISES IE• 4lWIY. •.b1 MFOFXP(AIyI_prn•.m) PERSONAL A AD`/ INJURY GE NLINAL AGGkL GALL PHODUC7S LOMP/OP AGG COMBINED SINGLE LIMIT IL a acctoenl ) R OO I I Y I N R I R Y (PrI r . nr) BODILY INJURY PeI acc'oentl ✓HOVER IY DAMJ.GE (Per aCWI'.I) If 1,000,000 I$100,000 s 10,000 11,000,000 $2,000,000 f2,000,000 $1,000,000 S A, ITO ONLY FA ACC.IOF NT S OTHER MAN EA ACC '$ Aug) ONLY AUG $ EXCESS/UMBRELLA LIABILITY OCCUR r I CI AIMS MAnF DEDUCMkt RETENTION f EACH OCCIIRRENCF AGC.RE GATE 1 S S S S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPART NFR/EXF CA ITNF OFFICE RJMCMBER EXCLUDED', If y111 deSC,De t,nper SPECIAL PROVISIONS below OTHER WC STAEU TORY UNITS E L CACTI ACCIDENT E L DISEASE EA EMPLOYEE f F 1 OISFASF POLICY LIMIT $ O1H ER S DESCRIPTION OF OPERATIONS ( LOCATIONS 1 VEHICLES l EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS *EXCEPT 10-DAYS NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM. CITY OF NATIONAL CITY IS NAMED AS ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY PER CG2026 7/04. RE: OPERATIONS PERFORMED BY OR ON BEHALF OF THE NAMED INSURED. CERTIFICATE HOLDER CANCELLATION NCCITY1 KASSIA W. KOSSYA RISK MGR CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950-4397 ACORD 25 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEI I ED BEFORE THE F XPIRATION DATE THEREOF. THE ISSUING INSURER TNIL I ENDEAVOR TO MAIL 30+ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMLU TO THE LEFT. BUT FAILURE 10 DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED RCPRESENTA n ACORD CORPORATION 1988 (Fp) ROWS SUMMARY OF CHARGES Fees and Costs: Service Clubs: $100/ month Other Organizations: see prices below Martin Luther King Jr. Community Center Activity South Room North Room Fnlire llall Dining: 0-73 $23.45/ hr 0-149 $70.36/hr 150-221 --- $87.97/hr 222-294 --- $117.26/hr Dance/ Assembly: 0-100 101-157 158 300 301-472 473-630 Casa de Salud $23.45/ hr $23.45/hr $29.32/hr $70.36/hr $87.95/hr $117.26/hr Kimball Senior Center 0-149 $70.36/ hr 151-221 $87.97/ hr Kitchen: $10.001hr. $50.00 Minimum- only to be used in conjunction with use of hall. $60.00 Kitchen Deposit- required, non-waivable and refundable upon approval from Public Works staff Custodial: $100.00 Cleaning Deposit- required, non-waivable and refundable upon approval from Public Works staff $22.00/hr. during working hours and $35.00/hr. for overtime hours Custodial charge shall be charges for set up, clean up and duration of event based on the events' estimated attendance as follows: 1 100 person 101-153 158-300 301-412 173-630 1 hr. set up and lhr. clean up 2hr. set up and 2hr. clean up 3hr. set up and 3hr. clean up 4hr. set up and 4hr. clean up 5hr. set up and 5hr. clean rip Building Use Fee: $50.00 required, no' -waivahle and non-refundable INSURANCE WILL BE REQUIRED, EITHER THROUGH USING ORGANIZATION INSURANCE ACCEPTABLE TO THE RISK MANAGER, OR THROUGH THE PURCHASE OF EVENT INSURANCE THROUGH THE CITY 11 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT 2ETING DATE June 17, 2008 AGENDA ITEM NO. 26 (ITEM TITLE Warrant Register for the period of 05/16/08 through 05/29/08 in the amount of $522,675 55 PREPARED BY Rizza Dela Cuadra DEPARTMENT Finance Accountant Jeanette Ladrido EXPLANATION (619) 336-4331 The Finance Department has implemented a policy to provide explanation of all warrants above $50.000.00 Vendor Check# Amount Explanation California Integrated 18041 $382,998 08 Reimbursement for Site Improvements (North Hill Blank Project) CDC Payroll various $81,332.06 Payroll for PPE 05/19/08 attached report. Environmental Review ✓ N/A Appro+: % •r�YL�./r Financial Statement .1 aortic t.adrido, Finance Director Account No. NIA STAFF RECOMMENDATION Ratification of warrants in the amount of $522,675.55 BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Ratification of Expenditures for the period 05/16/08 THROUGH 05/29/08 A-200 (9/80) PA%rr RF.DEvEI.OPMENT FUND PA I RICI.\ HF ARI (-AI IFORNI.\ INTFGR.\TIO (I FY'$ ORKS (OS I .\R RL\I I Y INI (:)RMA I U )N. IN( COI NTY CI IRK. COIN I OI- SI) OEI'1 OF EN\ IRONMEN I AL Ill -Al III (lR:\FIA\1 DOWNIS AR( IIITI('TURF ISFRASIRLIC-IL'l(I FNGINLLRIN(; KI FINFFI OFR. INC L.ASLR SAVI.R. INC MA/./AI(ELLA (AL DARE! I I NINYO,C MOORI- OFFER & \ AR( (1 Li P RAY PI JAL VU1-1 INI- RI.1 NOSO SAN DIF(i( ('1 IPPING SFRVICF \I'RONI(-A I AM S A4S(X-IATES ADMINISTRATII'F. RF-Vn1.VING FIND PAYROLL SECTION SECTION 8 HOUSING .\SSIS I ANC E PAYMFN IS 1101,SIN(,.N1'I11IIRITI' ‘Siff( C-+IAC MORIGAGI: FOR MEETING OF JI.'E 17. 2008 \%ARRANT Rk(:1SFk R FOR PFRIOD: Oi/16 - 29/08 Uhrr iptiun IK,\\El RLIM1IHUK>FMFN 1 . FI'.\ ( (INFERENCE RFIMHIIRSFMFNT FOR SIIF IMPROVFNIFNTS(NORTH FII 1 Iil ANK PRO!' CT) MARINA GATEWAY RE.\L EN 1 A\1 E SEAR( H INI ( )It\l.\ 11I IN FFIS 1111 F) AVI. CAS' E:\M1tll I \R \ \I' 1'l(UGRAM MARINA GATEWAY (ONCEPF OFVI-I OPMI-N1 I IDRARY RIM01)II. LIHK\RY REMI)ULL 011 ICI SIIPPI IFS • I ONI.R I'I(01 LSSIONAL SERVICLS ARE HOLDINGS PROFI'S-SIONAI Sl-RVI(FN 14700 SI RPFI PROI•ISSI()NAL SEIt\ ICES • I'ACIEI(' S II -EL EDI ICATIONAI 10II\IIi11RSFMI•N I I RAVLE RLIMHIJRSEMFNT - ANAIIEIM ( ONFERENCE ( 1 IP'PIN(. ( HAR(1FS 11)IS SIT Or • APRII. 290A SL'IITOIAL - REOIVELOPIIEN 1 PPI. 05.1911R St BTO7 Al. - AI/MIN (STRATI% F REVOLVING FI'NID MANUAL FAYM1 N IS 1.18 M1-1\113FRSHIP F1.F( TRI(ItYCHOS FFILMAR•APR'nR SL BTOTAL - SECFION 8 Chk.No Amount 18040 7.14 54 154)41 A8'. a,)8 u8 15042 14 47R 24 15043 73000 IR011 -U00 15045 2.3112 :0 18046 n, 312 •98 18047' 61SO0u 18048 1 332 50 1%610 IOS /0 IR050 83 55 18051 6.414 9U 18052 2.328 50 180,3 1 211 22 1S054 775 11 18055 7330 180,6 22500 S 426.879.04 81 132 06 S 81312.06 134948' 10463 I5000 I1,4b2 819 63 t 14.464.4c TOTAL OF AI.L FUNDS: S 522.675 55 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT FETING DATE June 17, 2008 AGENDA ITEM NO. 27 il-TEM TITLE PREPARED BY EXPLANATION 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION O� THE CITY OF NATIONAL CITY ADOPTING THE MORGAN AND KIMBALL TOWERS BUDGET FOR THE FISCAL YEAR 2008-2009 Rizza Dela Cuadra Accountant See attached explanation. Environmental Review ✓ N/A Financial Statement N/A DEPARTMENT Approved by: Finance Jeanette Ladndo (619) 336-4331 canettc I.adrido, Finance Director Account No. NIA STAFF RECOMMENDATION ADOPT the Morgan and Kimball Towers Budgets for the fiscal year 2008-2009. BOARD / COMMISSION RECOMMENDATION N/A rATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Kimball Tower Budget 3. Morgan Tower Budget A-200 (9/80) BACKGROUND Falkenberg, Gilliam and Associates has been the property management company for the Morgan and Kimball Towers since 1995. Each year, an operating budget for each building is prepared by the management company and is reviewed and approved by the Community Development Commission. Kimball Tower is a 151 unit complex located at 1317 D Avenue and is owned by the Community Development Commission. Close to 95% of the tenants in this tower receive rental subsidies from HUD through the Section 8 program. For FY2008-2009, the projected annual revenue is $900,330 and the total cost of operations is $800,857, presenting a surplus of $99,473. The property management company will continue to fund the replacement reserve account by $120,000 ($10,000 per month). With the replacement reserve contribution, the net deficit is $20,527. Replacement reserves are funds that are restricted for the replacement of appliances, carpeting, or other unbudgeted building maintenance charges. As of March 31, 2008, the balance of the replacement reserve fund is approximately $1,1159,885. The management company does not recommend increasing the rent. The rent per unit will remain at $494. Morgan Tower is a 151 unit complex located at 1415 D Avenue. All units receive Section 8 rental assistance. This building has a mortgage balance of $2,853,463 with 12 years remaining on the note. For the fiscal year ending June 30, 2009, the projected annual revenue is $1,130,630 and total cost of operations is $912,338. Although this presents a surplus of $218,292, the Morgan Tower requires a mortgage principal payment of $179,877. In addition, Morgan Tower has a replacement reserve fund and, in accordance with HUD requirements, also has residual receipts income fund. After payment of the mortgage principal and a deposit to the residual receipts income fund, the net income of the Morgan Tower is $891. As of March 31, 2008, the total of the replacement reserve and residual receipts income are $440,030 and $142,243 respectively. The management company is recommending a 2.58% rent increase to be in effect Sep. 1, 2008. This increase is anticipated to cover the costs of increased utility expenses, special assessments, operating and maintenance costs. The current rent per unit is $619 and the proposed rate is $635, a $16 increase. RESOLUTION NO. 2008 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING THE FISCAL YEAR 2008-2009 BUDGETS FOR KIMBALL TOWER AND MORGAN TOWER WHEREAS, the Community Development Commission of the City of National City (CDC) owns the Kimball Tower and Morgan Tower: and WHEREAS, Falkenberg, Gilliam and Associates has been the property management company for said Towers since 1995, and has submitted an operating budget for each building for Fiscal Year 2008/2009 for CDC approval. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City hereby approves the Fiscal Year 2008-2009 budgets for Kimball Tower and Morgan Tower, as provided by Falkenberg, Gilliam and Associates. PASSED and ADOPTED this 17th day of June, 2008. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel MORGAN TOWERS 2008-2009 BUDGET NOTES SUMMARY The budget for the fiscal year ending June 30, 21109 proposes a rent increase based on the HUD automatic Annual Adjustment Factor (AAF). This is the entire increase to which the building is entitled. Since the last rent increase was effective last year, utilities. insurance costs and benefits have increased the most among other expenses. We will submit this rent increase package to CaQuadel and expect the rent increase to he effective September 1, 200E Currently there ure 7 Non -Section 8 tenants who may he affected by this rent uierease. 5120 RENTAL INCOME APARTMENT'S: The proposed rents arc as follows: Unit Type 11 Units Current Rents AAF Increase 1 Bedroom 151 1 Bedroom l S619 $16 Proposed Rents $635 Non -Revenue 5220 VACANCIES/APARTMENTS - Budgeted at 2% of rents. 5410 FINANCIAL REVENUE — I'ROJE(T't)I'FIRA PIONS - Budgeted per audit. 54.311 REVENUE FROM INVESTMENTS RES. RECEIPTS - Budgeted per audit. 'This is a memo cntry only; interest remains in residual receipts account and is out used fur operations. 5440 REVENUE FROM INVESTMENTS REP. RESERVE - Budgeted per audit. This is a memo cntry only; interest remains in reserve for replan mcnt account wd is nut used for operations. 5910 LAUNDRY AND VENDING Budgeted per audit. 5990 MISCELLANEOUS REVENUE. • • Iudgeted per audit. 6210 AI)VFRT1SING AND MARKETING - Budgeted at $500 for classified advertising of rental units. 6310 OFFICE SALARIES - Budgeted per audit plus 5% for assistance with HUD paperwork at $554 1) month. Budgeted additional amount for front line help with MOR Audits, additional paperwork assistance, and gross rent uicrease implementation. 6311 OFFICE EXPENSES - Budgeted per audit plus 5% for telephone and Internet, office equipment and maintenance, traveling and training, copying and printing, office supplies, postage, tenant screening fees, etc. 6320 MANAGEMENT I'EE - Budgeted a .2S% increase to 4.25% of net rental income and laundry income. Due to IiUD's project manager's procedures, the management fee hasn't been urrrcased, cvcrn though it is within 'IUD guidelines. 63311 MANAGERS' SALARIES - Budgeted per audit plus 5% for Naomi Jiles, Resident Manager, working 16 hours a week, eaming $1,375 per month and for Rosa Flores, Assistant Manager, working 32 hours a week, earning $2,1180 per month. Budgeted additional allowance for vacation, sick, and salary increase, if merited by performance. Note that Resident Manager's salary is split between Morgan & Kimball Towers. 6340 LEGAL EXPENSES (PROJECT) - Budgeted per audit plus $450 for project related expenses. 6350 AUDITING EXPENSES (PROJEC') - Budgeted per current plus S450 for annual audit, electronic submission and tiling fees. Audit is low due to the delayed receipt of the audit expenses. 6351 BOOKKEEPING FEES/ACCOUNTING SERVICES- Budgeted at $00 fur eumputer servicing, technical and software support Prepared by Falkenberg/Gilliam & Associates, inc. • Managing Agents 1560 West Colorado Boulevard, P.O. Box 7070, Pasadena, CA 91109-7070 • (323) 258-3512 Morgan Towers 2008-2009 Budget Notes Page 2 6390 MISC. ADMINISTRATIVE EXPENSES - Budgeted per current fnr a service coordinator al $1,000 per month and for resident council expense at $100 per month 6450 ELECTRICITY - Budgeted per audit plus 5%. 6451 WATER - Budgeted per current amount annualized plus 5%. 6452 GAS - Budgeted per audit plus 5%. 6453 SE?WFR - Budgeted per audit plus 5%. 6510 PAYROLL - Budgeted per audit plus 5% for Bill bless, Superintendent, working 19 hours a week at $1,765 per month, Philip Flores, Assistant Superintendent, working 37 hours per week at $2,426 per month, and for Keyanue McCallon, Maintenance, working 40 hours per week at $2,600 per month. Budgeted additional amount for vacation, sick and salary increase, if merited by performance Note that Superintendent's salary is split between Morgan & Kimball Towers. 6515 SIJPPI.IF:S - Budgeted per audit plus S% for cleaning and maintenance supplies, electrical parts, plumbing supplies, hardware and tools, painting supplies, uniforms, etc. 6520 CONTRACT - Budgeted per audit plus 5% for exterminating, elevator service, plumbing, electrical repairs, interior painting, window cleaning, water treatmcut, landscaping, gate and door repairs, etc. Current is high because it includes unit flooring work at $7,869. 6525 GARBAGE AND TRASH REMOVAL - Budgeted per current annualized plus 5%. 6530 SECURITY PAYROLL/CONTRACT - Budgeted per audit plus 5% for guard service, quarterly tire inspections, annual fire alarm monitoring, ftrdsprinklcr alarm repairs, and smoke detector installation/repairs. 6546 HEATING/COOLING REPAIRS - Budgeted per current plus 5%. 6711 PAYROLL T'AXBS (FICA) - Budgeted per audit plus 5% for Social Security, Medicare, and SUI/I: IT taxes. 6720 PROPERTY AND LIABILITY INSURANCE - Budgeted per current premium of S34,051 plus 5%. 6722. WORKER'S COMPENSATION - Budgeted per audit plus 5%. 6723 HEALTH INSURANCE & OTHER EMPL. BENEFITS - Budgeted per current expense plus 5% for health, dental and life insurance for 4 employees. Current monthly amount for each employee is $447.96 for health insurance, $5.49 for life insurance and $14.33 for dental insurance. In addition, budgeted new pension cost for all five employees, which is 5% ufemployee's base salary. Audit and current are low because of personnel vacancies. 6790 MISCELLANEOUS TAXES, LICENSES ANI) PU'tMII'S - Budgeted per audit plus $450 for annual occupancy permit at S701, two elevator permits at S420, boiler inspection at $300, and generator permit at $311. 6820 INTEREST ON MORTGAGE PAYABLE. - Budgeted per amortization schedule. 6850 MORTGAGE INSURANCE. PREMIUM - Iudgeted per amortization schedule. KE.SERVE. FOR Klil'I.ACI?MIiN'I'S I)EI'OSt . REQUIRED - Budgeted per current monthly rate of$3,127 PRINCIPAL PAYMENTS REQUIRED - Budgeted per amortization schedule. May 23, 2008 Prepared by Falkenberg/Gilliam & Associates, Inc. ■ Managing Agents 1560 West Colorado Boulevard, P.O. Box 7070, Pasadena, CA 91109-7070 III (323) 258-3512 Budget Work.heet Income and Esreau Ptnjretina PROJECT NIIMBF.R #129-38013-PB-WA-L8 FISCAL. YEAR J U L Y 1, 2008 - J U N E 30, 2009 MORGAN TOWERS Description of Account A ere. No Audited FYF: K30/2007 F'ci Unit - Month 151 / 17 Current 7/1/2007 3/31/2008 I'a Unit Month 151/ 9 Budget 7/1/2008 6!30/2009 Per Unit Month 151 / 1/ Itrate Rent Revenue - Gross Potential 5120 197,097 774 11 188,510 285.89 330.91 529,973 615,815 292.48 Income Tenant Assistance Payments 5121 577,609 318.77 149,711 139 85 SIN Rent Revenue - Stores and Cnmmerclal 5140 - - - Garage and Parking Spaces 5170 - - - Ilcxiftic Subsidy Revenue 5180 - - - - Miscellaneous Rcnt Rcvcnuc 3190 - - - - Excess Rent (memo only) 3191 - - - - - Rcnt Revenue/Insurance 3192 - - - - Spoeinl (.Ia I111S Re o.iiue 5193 5194 5100T - - 593.10 -- _ -_ - Retained Excess Income 1,074,701 Total Rem Revenue Potential (r100%Orr.nan y 838,241 616.81 1,145,788 632.33 Vaeuleits Apartments 5220 18,20R 10.05 2,598 1.91 22,916 12 65 5200 Stores and Commercial 5240 - - - - Rental Concessions 5230 - - - - _ - Garage and Parking Spaces 3270 - - - Mis, llaneous 5290 - Total Vucaneios 5200T SIS2N 18,208 1,056,493 10.05 583.05 2,598 1.91 L 22,916 12.65 Net Rental Revenue (Rene Rev. Las Vac) R35,643 614.90 1,122,872 619.69 Inane Monts, limes/Assisted li.ioy Board & Carc/Othtr 5300 Iaderly ( are/Ceny#fllher Revenue, 5300 - - Piaaac:at Financial Revenue -Project Operations 5410 129 0.07 IRO 0.13 3.29 _ 129 _ 5,427 _ _0.07 3.00 Revenue Revenue from Investments -Res. Receipts 5410 5,477 1.00 4,469 5400 Revenue from Investments -Rep. Reserve 5440 19,590 10.81 11,870 8 73 19,590 10.81 Revenue from Investments -Miscellaneous 5490 - - - - - Total Financial Revenue 5400T 129 0.07 180 0.13 129 0.07 Other Laundry and Vending Revenue _ 5910 5920 7,394 4.08 5,790 _ 4.26 7,394 4.08 - Revenue Tenant Charges _ - - 5900 Interest Reduction Payments Revenue 5945 - - - - (Ufts (nonprofits) 5970 - - - - Miscellaneous Revenue 5990 235 0.13 350 0.26 235 0.13 Total Other Revenue 5900T 5000T 7,629 4.21 6,140 841,963 4.52 7,629 4.21 Total Revenue 1,064,251 _ 587.33 _ 619.55 1,130,630 623.97 Aduiu. 0-mentions and Moxtings 6203 - - - - Remnant Management Consultants 6204 - - - - 6200/ Advertising and Marketing 6210 353 0.19 408 0.30 500 0.28 6300 Other Renting ks.xpcnsc 6250 - - - - - - Officc Salaries 6310 9,569 5.28 6,240 4.59 10,047 5.54 Office Expenses 6311 19,552 10.79 14,869 10.94 20,530 11.33 Office or Model Apartment Rent 6312 - - - - Management Fee 6320 42,189 50.997 23.28 33,496 24.65 22.76 - 48,036 _26.51 79.55 Manager or Superinlendent Salaries 6330 28.14 - 30,929 53,547 Administrative Rent Free tinit 6.131 - Legal Expenses - Project 6140 1,090 0.60 635 0.47 1,540 0.85 Audit F.xpenses 6350 640 0 35 8,618 6 14 9,068 5.00 Bookkeeping Fccs/Accounting Services 6351 - 1 RR 0.14 500 0.28 Misc. Administrative Expenses 6390 7,200 3.97 5,400 3.97 13,200 7.28 _ 86.63 Total Adlttinisunlive Expenses 6263T 131,590 72.62 100,783 74.16 156,968 b, m'run 92547A Description of Account Aal. No Audited FYE 6/30/2007 Per UIIII Month 151 / 12 (,Imelll 7/1/2007 3/31/20D8 Pet Um( Month 151/ 9 Budget 7/1/2008 6/30/2009 Per Unit Month 151 / 12 Utilities 6480 FltelOil/Coal 6470 - - - - - Electricity 6450 40,799 22 52 28,540 21.00 42,839 23.64 Water 6451 22,483 12.41 18,276 13.45 7 25,586 14.12 Gas 6452 37,902 20.92 27,326 20.11 39,797 21.96 Sewer 6453 45,600 25.17 - 47,880 26.42 Total Utilities Expense 6400'1' 146,784 81.01 74,142 54.56 156,102 86.15 Openllina & Mainten Expenses 6500 Payroll 6510 99,710 54.75 69,425 51.09 104,171 5749 Supplies 6515 37,097 20.47 22,721 16.72 38,952 21.50 Contracts 6520 91,187 50.32 85,213 62.70 95,746 32.84 Operating_& Maintenance Rent Nrcc Unit 6521 - - - - Garbage and Trash Removal 6525 1 1,91,1 6.61 9,740 7.17 13,636 7.53 Security Payroll/Contract 6530 28,099 15.51 18,159 13.36 29,504 16.28 Security Rent Frei Unit 6531 - - 6.69 - 14,277 10.50 19,981 11.03 Healing/Cooling Repairs and Maintenance 6546 12,115 Snow Removal , 6548 6570 6590 Vehicle & Maint. Equip. Oper. and Rem, ails - _ Misc. Operating and Maint. Expenses - - 'faint Operating & Maintcnanlx Expo lsc 6500T? 279,682 154.35 219,530 161.54 301,990 166.66 rases and buanaee 6700 Real Estate Taxes 6710 - - 8.45 19.73 Payroll Taxes (Pmject's share) 6711 14,576 8.04 9,413 6.93 15,305 Property and I.iability Insurance (I lazard) 6720 33,082 18.26 24,227 17.83 35,754 Fidelity Rond Insurance 6721 - - Workmen's (:onpcnsation 6722 20,490 11.31 18,802 13.84 21,515 11.87 health Insurance & Other Empl. Benefits 6723 6,005 3.31 12,591 9.26 29,724 16.40 Misc.'1'axes Licenses, Permits & Ins. 6790 717 0.40 41.32 31 l 0.23 1,167 0.64 Total Taxes & Insurance 6700T 74,870 _ _ 65,344 48.08 103,465 1 57.10 Financial Expenses 61100 Interest on Mortgage Payable 6820 202,051 1 1 1.51 144,632 106.43 180,179 99.44 Intexcsl on Notes Payable (Long Twin) 6830 - - - - - Interest on Notes Payable (Short Tam) 6840 - - Mortgage Insurance Preiniurn/Svee Charge 6850 15,473 8.54 14,517 10.68 - 13,634 7.52 ; Miscellaneous Financial Expenses 6890 - - - Total Financial Expenses 6800T 217,524 120.05 159,149 117.11 193,813 106.96 Expenses 6910 Nursing Homes/Assisted Living/ Board & Care/Miser Wert), Care/Coop/Other 6xpeases 6900 - - - '1'otal Cost of Opersuiuns 6000T 850,450 469.34 618,948 455.44 912,338 503.50 Reeve fur Keplueements Dep. Required 37,524 20.71 28,143 20.71 92.28 37,524 20.71 Principal Payments Required 158,005 87.20 125,410 179,877 99.27 Deli Service for other approved loans - - _ - - Debt Service Reserve (If required) - - - - General °pen ling Reserve (Crnps) - - - - - - Total Cash Requirements 1,045,979 1,064,251 18,272 577.25 772,501 568.43 1,129,739 623.48 Lees Total Revenue 587.33 841,963 619.55 1,130,630 623.97 0.49 Net Cash Surplus (Deficiency) 10.08 69,462 51.11 891 We hereby tally lest as Vie Mpmabn slated berth. as wee as my nInrmaM, pro -Mod In the excropanment testate Is. le ale boat d otr bgabopo, Sur ,bed morale. Signature Ode Signature Date r � � Falkenbcrg/ tlliam & Associates, Ina, M maglvg)%l c cis The Community Dcvclopmcut Commission of the City of National City. Owners 2 Ion* Ia a) 4,547A KIMBALL TOWER 2008-2009 BUDGET NOTES SUMMARY The budget for the fiscal year ending June 30, 2009 does not propose a rental increase. Since the last rent increase (effective August 2000) Kimball Tower's income has been able to cover rises in expenses, especially utility costs and insurance costs. Residents pay 30% of income up to a maxinnmi of $494. 5120 RENTAL INCOME APARTMENTS. Rents arc as follows: knit "type 1 Bedroom tt I Inits Current Rents ISI 5494 5220 VACANCIES/APARTMENTS - Budgeted at I% of rents. 5410 FINANCIAL. ItEVEN( IF. - PROJECT OPERATIONS Budgeted per audit. 5440 REVENUE FROM INVFS1 MEN 'IS - RI•:I'. RESERVE, - Budgeted per current annualized this is a memo entry only; interest remains in reserve for replacement account and is not used for operations. 5910 LAUNDRY AND VENDING - Budgeted per audit. 6250 OTHER RENTING LiXPF,NSE - Budgeted per current expense for a Service Coordinator at S l ,000 per month. 6310 OFFICE SALARIES - Iludgctcd per current expense plus 5% for Carina Roman, Office Assistant, working 38 hours per week, earning $2,470 per month. Audit amount is low since it reflects tetnpouary office help during personnel vacancy. 6311 OFF1C1? EXIT?NSE - Budgeted per audit plus 5% for telephone and Internet Services, office equipment and maintenance, traveling and training, printing and copying expenses, office supplies, postage, tenant background screening fees, etc. 6320 MANAGEMENT FF:I? - I ludgcted an increase to management fee at 6.75% of net rental income and laundry income. 6330 MANAGERS' SALARIES - Budgeted per audit phis 5% for Naomi .tiles, Resident Manager, working 16 hours a week, earning $1,375 per month and for Kalinka Anguelicv, Assistant Manager, working 32 hours a week, caming $2,175 per month. Budgeted additional amount for vacation, sick time, and salary increase, if merited by performance. Note that Rcsident Manager's salary is split between Morgan Re. Kimball Towers. 6331 ADMINISTRATIVE RENT FREE UNIT - Budgeted for 2 staff units at 5494 each per month. 6340 LEGAL EXPENSES (PROJECT) - Budgeted per audit plus S450 for pi eject related expenses. 6350 AUDIT EXPENSES (PROJECT) - Budgeted at $ 1,555 for annual audit. 6351 IRX)KKEEPING I F PS/ACCOl1NTING SERVICES- Budgeted per audit plus S450 for computer servicing and technical and software suppuut. 6390 MISC. AI)MINISI RA LIVE EXPENSES - Budgeted at $I00 per month for resident council. 6450 ELECTRICITY - Budgeted per audit phis 5%. 6451 WATER Budgeted per audit plus 8.33%. Current rate is 8.33% higher than same period last year. 6452 GAS - Budgeted per audit plus 5%. Prepared by Falkenberg/Gilliam & Associates, Inc. ■ Managing Agents 1560 West Colorado Boulevard, P.O. Box 7070, Pasadena, CA 91109-7070 ■ (323) 258-3512 Kimball Tower 2008-2009 Budget Notes Page 2 6453 SEWER - Budgeted per audit plus 5%. 6510 PAYROLL - Budgeted per current expense plus 5% fur Bill Jiles, Superintendent, working 19 hours a week at 51,765 per month, Ivan Angueliev, Assistant Superintendent, working 38 hours per week at $2,75(1 per month, and fui Charles Ray, Maintenance, working 40 hours per week at $2,60(1 per month. Budgeted additional amount for vocation, sick and salary increase, if merited by performance. Note that Superintendent's salary is split between Morgan & Kiinball Towers. 6515 SUPPLIES - Budgeted per audit (less S14,500 for purchase of refrigerators and stoves) plus 5% for maintenance and cleaning supplies, clectricul parts, plumbing supplies, huidwaie and tools, uniforms, appliance parts, paint supplies, lights, locks, keys, etc. Current is high because it includes S6,900 for purchase ot'refrigeratnix and stoves. 6520 CONTRACT - Budgeted per uudit (less $30,501 for unit (louring contract work, $24,440 for unit and building carpet cleaning, $22,639 for building plumbing, and $14,202 for lobby remodeling expenses, all of which arc non -recurring) plus 5% fnr landscaping, exterminating, elevator service, plumbing, electrical repairs, wuter treatment, Bare and door repairs, generator maintenance, etc. Current is high because it includes unit flooring contract work at $15,421 6525 GARBAGE AND TRASH REMOVAI, - Budgeted per current annualized plus 5%. 6530 SECI11(II Y PAYROLLICONTRACT - Budgeted per audit plus 5% for guard service at $1,625 per month, semi- annual fire inspections at $1,664, annual fire alarm monitoring at $160, fire alarm repairs at S2,523, and fire extinguisher maintenance at 5760. 6546 HEATING/COOLING REPAIRS - Budgeted per audit plus 5%. Current is high because it includes $37.750 to replace the chiller, which is nun -recurring. 6711 PAYROIJ.. 'FAXES (Project's Share) - Budgeted at 7.65% of salaries for Social Security and Medicare, and $224 each for SUUE'I-F taxes. 6720 PROPERTY AND LIABILITY INSURANCE - Budgeted per current premium of $33,524 plus 5%. 6722 WORKER'S COMPENSATION - Budgeted per current expense plus 5%. 6723 HEALTH 1NSURANC1•: & OTHER EMPI.. BENEFITS - Budgeted per current expense phis 5% for health, dental and life insurance for four employees. Current monthly amount for each employee is $447.96 for health insurance, S5.49 for life insurance and S14.33 for dental insurance. In addition, budgeted new pension cost for all five employees, which is 5% of employee's base salaty. Audit amount is tow because of personnel vacancies. 6790 MISCELLANEOUS TAXES, LICENSES AND PERMITS - Budgeted per audit plus S450 fur elevator permits at 5420, emissions tee at $31 I, and license fee at 5245. RESERVI? FOR REPLACEMENTS DEPOSIT REQUIRED - Budgeted per current monthly late of $10,000. Not Cash Surplus (Deficiency) - Even though the budget reflects a net deficit, it does not take into account the cash position of the project, which is currently over $150,000. The project has been able to pay for and obtain all necessary income from revenue account to offset the deficit. May 2ft, 2008 Prepared by Falkenberg/Gilliam & Associatcr, Inc. ■ Managing Agents 1560 West Colorado Boulevard, P.O. Box 7070, Pasadena, CA 91109-7070 111 (323) 258-3512 Budget Worksheet Income aid Exprnsr Projection FISCAL YEAR J1.II.Y 1, 2008 JLINE 30,2009 KIMBALL TOWER Description of Account Acu. No Audited FYE 6/302007 Per Unit Month 151 / 12 Cunene 7/12007 3/31/2008 Per Unit Month 151 / 10 Budget 7/12008 6/30/2009 Per Unit Month 151 / 12 Rental Rent Revenue - Gross Potential 5120 S01,087 276.54 420,398 327,110 278.41 507,424 280.04 _ Income Tenant Assistance Payments 5121 5140 182,863 211.29 216.63 - 387,704 213.96 _ _ 5100 Rent Revenue - Stores and Commercial - - - - - - - Garage and Parking Splees 5170 5180 - - - - - - - Flexible Subsidy Revenue - - Miscellaneous Rent Revenue 5190 - - - - Excess Rent (memo only) 5191 - - Rent Revcnuc/lnsurance 5192 - - - - - Special Claims Revenue - Ruained Excess Income 5193 5194 5100T - - - - - _ 883,950 _ 487.83 - 747,508 - Tsui Rent Reursum POW4,21(4100%OmT.,^r,Y 495.04 895,128 494.00 Vacancies Apartments 5220 8,69.1 4.80 5,403 3.58 _ 8,951 4.94 5200 Stores and Commercial 5240 4 - - - Rental Concessions 5250 - - 1 - - - Garage and Parking Spores 5270 5290 5200T - - , - - - Miscellaneous - 8,694 - 4.80 483.03 - - Total Vacancies 5,403 3.58 8,951 4.94 Net Rental Revalue (Rent Rev Lcss vac.) 5152N 875,256 742,105 491.46 886,177 489.06 Income Nersina Hemes/A,Med thing/ Bourn A Carr/Other 5300 Ild ery Careiresp/Otaer Revenues 5300 - - - - - Flnanclal Financial Revenue -Project Operations 5410 7,320 4.04 3,705 2.45 7,320 4.04 Revenue Revenue from Invesuncnls-Res. Receipts. 5430 - - - - - 5400 Revenue from Investments Rep. Reserve 5440 5490 40,381 22.29 10,178 12.70 23,014 12.70 Revenue froiu Investments Miscellaneous - - - - - Totnl Finaneial Revenue 5400T 7,320 4.04 3,705 2.45 7,320 4.04 Other laundry and Vending Revenue 5910 6,833 3.77 5,977 3.96 6,833 3.77 - Revenue Tenant Charges 5920 510 0.28 - - 5900 Interest Reduction Payments Revenue 5945 - - - Gifts (nonprofits) 5970 - - - - Miscellancous Revenue 5990 105 0.06 160 0.11 - Total Other Revenue 5900T 7,448 4.11 6,137 4.06 6, 3 3.77 496.87 Total Revenue 5000T 890,024 491.18 751,947 497.98 900,330 Admin. Conventions and Meetings 6203 - - - - Expenses Management Consultants 6204 - - - - - 6200/ AdvertisingMurketiit8 6210 - - - - - .and 6300 Other Renting Expense 6250 6310 6,000 20,723 _ _-3.31 11.44 4,500 2.98 15.98 12,000 32,122 6.62 17.73_ 9.48 Office Salaries 24,125 (Mice Expenses 6311 16,351 9.02 17,048 11.29 17,171 Office nr Model Apartment Rent 6317 - __ _-- 60,278 -_ . J 33.27 Management Fut 6.320 55,106 30.41 47,506 - 31.46 71.31 Manager or Superintendent Salaries 6330 24,889 13.74 32.175 50,526 27.88 Administrative Rent Free Unit 6331 11,856 6.54 9,8R0 6.54 11,856 6.54 Legal Expenses - Project 6340 311 0.17 0 - 763 0.42 Audit Expenses 6350 - - - - 1,55.5 0.R6 Bookkeeping bees/Accounting Services 6351 1,875 1.03 7,118 1.4D 2,125 1.2R Misc. Administrative Expenses 6390 3,418 1.K9 1,000 0.66 1,200 0.66 Total Admieelstrntive Expenses _ _ 6263T 140,533 77.56 , 138,352 91.62 189,796 104.74 toms MI149254T A Description of Account Accl No Aodnrd EYE 6/30/2007 Pc, 1hot Month 151 / 12 Cur,enl 7/1/2007 3/31/2008 Per I Init Moth 151 / 10 Budget l/1/2008 6/10,2009 Pet Unil Month 151 / 12 Utilities Fuel Oil/Coal 6470 - - - - . 26.35 18.49 32.16 25.74 6400 Electricity 6450 45,468 25.09 34,123 22.60 __ _47,741 33,496 Water _ _ 6451 30,920 17.06 25,666 17.00 Gas _ _ _ 6452 55,493 30.63 47,666 31.57 58,268 46,648 186,153 Sewer 6453 44,423 24.52 - 71.16 Total Utilities Expense 6400T 176,308 97.30 107,455 102.73 Operating Payroll 6510 69,896 38.57 69,351 45.93 _ 94,646 52.23 & Mninten Supplies 6515 51,198 28.25 _ 33,545 141,906 ' 22.22 95.96 38,573 21.27 Expenses Contracts 6520 209,216 115.46 123,306 68.05 6500 Operating & Maintenance Rent Free Unit 6521 - - - Garbage and 'I rash Removal 6525 12,535 6 92 10,498 6 95 14,697 S.I 1 Security Payroll/Contract 6530 74,810 13 69 19,221 12.73 26,051 14.38 Security Rent Free Unit 6531 3,976 2.19 - - _ - 1.1.63 - Hcatinn/Cuuling Repairs and Maintenance 6546 20,075 11.08 57,541 38.11 21,079 Snow Removal 6548 - - - Vehicle& Muint Equip. Ours. and Repairs 6570 - - - _ - - Misc. Operating and Maint. Expenses 6590 - - Total Operating & Maintenance Expenses 6500T 391,706 216.17 335,062 221.90 318,312 175.67 'Iaxtsand Real Estate Taxes 6710 6711 - - Insurance Payroll Payroll Taxes (I'roject's share) 1 1,439 6.31 12,568 8.32 14,907 8.23. 19.43 - 6700 Property and Liability Insurance (Hazard) 6720 32,848 18.13 29,590 19.60 35,200 Fidelity (fond Insurance 6771 - - - 23,599 Workmen's Compensation 6722 17,139 9.46 22,475 24,155 14.88 16 00 13.02 Ilea nth Insurance & Other En.p1 Benefits 6723 12,986 7.17 11,615 17.46 Mix. Taxes, Licenses, Pennits & Ills. 6790 805 0.44 _ 731 0.48 1,255 0.69 Total Taxes & Insurance 6700'T 75,217 41.51 89,519 59.28 106,596 58.83 Financial Interest on Mortgage Payable 6820 - - - - - - Expeases Interest on Notes Payable (long Term) 6830 f - - - 6800 Interest on Notes Payable (Short Term) 6840 - Morlgoge Insurance Premium/Svcc Charge 6850 - - - - - Miscellaneous Financial Financial Expenses 6890 - - - - - Total Financial Expenses 6800T - - - - Expenses Nursing Homes/Assisted Iiviag/ Board & 6900 Care/Other Elderly Care/Cuup/011rer Expenses 6900 - - - - 441.97 Total Cost of Operations 6000T 783,764 432.54 670,388 443.97 800,857 Replacement Reserves 120,000 66.23 100,000 66.23 120,000 66.23 Principal PaymenLs Required - - - - - - Debt Service for other approved loons - - - _ - Debt Service Service Itcservc (if required) - _ - - - - - General Operating Rcvcrve (Coops) - - - - Total Cask Requirements 903,764 498.77 770,388 510.19 920,857 508.20 Less Total Revenue 890,024 491.18 751,947 497.98 900,330 496.87 (11.33) Net Cash Surplus (Deficiency) (13,740) (7.58) (18,441) (12.21) (20,527) We hereby cult', IMO al arc nlorm:Jon al:aed haler, as wall as any intaalaaTYchicird MI the artanpannrrx herinell la. to Inn bean 01 cur knovecel o, hue and amaxale. Signature Date Slgnahnc Date Fi)henberg/Gilliam R Asociates, Inc Managing Agents the Community Development Commission of the City of Nalinnal City, Owners 2 lam MID 92h4 A City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE June 17, 2008 28 AGENDA ITEM NO ITEM TITLE A resolution approving an agreement with Keyser Marston Associates to provide as needed economic consulting services for fiscal year 08-09 not to exceed $75,000 for redevelopment, economic development and affordable housing. PREPARED BY DEPARTMENT Patricia Beard (ext 4255) Redevelopment Redevelopment Manager EXPLANATION Keyser Marston Associates is a highly qualified economic consulting firm which has assisted the Redevelopment Agency ("CDC") in analyzing the economics and feasibility of a wide variety of economic development and housing activities. For example in recent months the firm has analyzed the Economic Impact Report issued by the Port of San Diego, a subsidy request submitted by Habitat for Humanity for projects on two CDC -owned properties as well as the potential sale of the former Days Inn site (owned by CDC) to a developer for a market -rate housing project at Palm Avenue and Plaza Boulevard. Staff desires to continue utilizing the firm's services on an as -needed basis during the 2008-09 fiscal year, should the City Council so desire. Environmental Review Not applicable Financial Statement This contract is limited to $75,000 for the fiscal year. As such, it gives staff the authority to request services for various projects during the year. As services are provided, charges will be made against specific projects. Many such charges will be paid for through developer deposits. STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. STRATEGIC GOAL 2 - Fiscal Sustainability. ATTACHMENTS 1. Proposed agreement for FY 08-09 2. Resolution No. RESOLUTION NO. 2008 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH KEYSER MARSTON ASSOCIATES INC. IN THE NOT -TO -EXCEED AMOUNT OF $75,000 TO PROVIDE AS -NEEDED ECONOMIC CONSULTING SERVICES FOR FISCAL YEAR 2008/2009 FOR REDEVELOPMENT, ECONOMIC DEVELOPMENT, AND AFFORDABLE HOUSING WHEREAS, the Community Development Commission (CDC) desires to employ a contractor to provide as -needed consulting services related to redevelopment, economic development and affordable housing; and WHEREAS, the CDC has determined that Keyser Marston Associates Inc. is an economic consultant firm that is qualified by experience and ability to perform the services desired by the CDC, and the contractor is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute an Agreement by and between the Community Development Commission of the City of National City and Keyser Marston Associates, Inc. to provide as needed consulting services related to redevelopment, economic development and affordable housing. PASSED and ADOPTED this 17th day of June, 2008. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel Attachment 1 AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND KEYSER MARSTON ASSOCIATES, INC THIS AGREEMENT is entered into this 17th day of June, 2008, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a municipal corporation (the "CDC"), and KEYSER MARSTON ASSOCIATES, INC (the "CONTRACTOR"). RECITALS WHEREAS, the CDC desires to employ a CONTRACTOR to provide as needed economic consulting services related to redevelopment, economic development and affordable housing. WHEREAS, the CDC has determined that the CONTRACTOR is a economic consultant firm and is qualified by experience and ability to perform the services desired by the CDC, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CDC hereby agrees to engage the CONTRACTOR, and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR, or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and the Community Development Commission advised of the progress on the projects. The CDC may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the Rev,sed August 2005 CONTRACTOR under this Agreement. Upon doing so, the CDC and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Patricia Beard hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Gerald M. Trimble hereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "B" shall not exceed $75,000 (the Base amount) without prior written authorization from the Executive Director. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the CDC. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. LENGTH OF AGREEMENT. CONTRACTOR services as set forth in "A" shall be completed by June 30, 2009. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. Memoranda, reports, maps, drawings, plans, specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, with the exception of computer models developed by CONTRACTOR, shall become the property of the CDC for use with respect to this Project, and shall be turned over to the CDC in PDF format upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Computer models remain the exclusive property of CONTRACTOR. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CDC, and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this Agreement, except upon the CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. 2 Revised August 2005 The CONTRACTOR agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CDC's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employees of the CDC and are not entitled to any of the rights, benefits or privileges of the CDC's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees or subcontractors as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR, or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONTRACTOR, its agents, servants and employees are as to the CDC wholly independent contractors, and that the CONTRACTOR's obligations to the CDC are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable state and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. Revised August 2005 The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR's trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance, or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CDC otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous 4 Revised August 2005 places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the Community Development Commission of the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CDC or its officers, employees or volunteers for, or on account of, any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 5 RcvisctJ August 2005 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONTRACTOR's employees. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CDC and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. H. Any aggregate insurance limits must apply solely to this Agree-. ment. I. All insurance required by this Agreement shall be provided by insurers licensed to do business in the State of California which are rated "A, VIII" or better by the current Best's Key Rating Guide and approved by the City's Risk Manager. Insurance may be accepted from a non -admitted, surplus lines carrier provided that insurer is included in the current California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meets the approval of the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements, or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have 6 Rev.scd August 2005 and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for,and bear the costs of, its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60- day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement, or the performance of services, or the failure to perform services as directed by the CDC. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished memoranda reports, maps, drawings, plans, specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, with the exception of computer models developed by CONTRACTOR, shall immediately become the property of, and be delivered to, the CDC in PDF format, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CDC by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; 7 Revised August 2005 (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CDC: Patricia Beard Redevelopment Manager Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: Gerald M. Trimble, Managing Principal Keyser Marston Associates, Inc. 1660 Hotel Circle North, Suite 716 San Diego CA 92108 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept, or the inability to deliver because of changed address of which no notice was given, shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the Community Development Commission of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONTRACTOR 8 August ?005 shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CDC in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or Federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or Federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent 9 Rewscd August 2005 agreement, representation or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto, shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon, and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with, or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT OF THE CITY OF NATIONAL CITY KEYSER MARSTON ASSOCIATES, INC. (Corporation - signatures of two corporate officers) (Partnership - one signature) (Sole proprietorship - one signature) By: By: Ron Morrison, Chairman (Name) Paul Marra, Senior Principal APPROVED AS TO FORM: George H. Eiser, III CDC Legal Counsel 10 By: Gera • --M.— Principal Managing Rev,sed August 2005 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE June 17, 2008 29 AGENDA ITEM NO. ITEM TITLE A RESOLUTION OF 1 HE COMMIJNITY DEVELOPMENT COMMISSION OF\ .1 HE CI I Y OF NATIONAL. CITY (CDC) APPROVING AN EXCLUSIVE. NEGOTIATING AGREEMENT WIT!! CBS OUTDOOR RFCTARDINCI THE CI IY'S COMPREHENSIVE SIGNAGE PROGRAM AND AUTHOR17.ING THI CI !AIRMAN TO EXECUTE; THE A(iRI-:F.MFN 1' PREPARED BY DEPARTMENT Jacqueline Reynoso `7' " Economic Development Community Development Coordinator Strategic Action Plan 8b and 2 EXPLANATION As part of the City of National City's 5-Year Strategic Plan 8b to Update the City's Comprehensive Signage Program and to attain Fiscal Sustainability (Strategic Action Plan 2), the City is exploring electronic message boards to modernize existing signage, integrate the City's branding efforts, and create additional revenue opportunities. One possible opportunity for additional revenue may be from electronic freeway signage, other off -site signage, and other signage opportunities (i.e. bus shelters). On April 24, 2008, the CDC issued a Request for Qualifications (RFQ) to solicit proposals from outdoor signage firms for the City's Comprehensive Signage Program. The purpose of the RFQ is to select a qualified firm to enter into an Exclusive Negotiating Agreement (ENA) with the CDC for 150 days for presenting a proposal advantageous to the City for the Comprehensive Signage Program. Based on a comprehensive evaluation of the RFQ submittals, the City's review committee and \QdHOC committee, including stakeholders, recommend entering into an ENA with CBS Outdoor. Environmental Review n/a Financial Statement n/a Account No STAFF RECOMMENDATION Adopt the resolution and authorize the Chairman to enter into an ENA with CBS Outdoor, and approve prospective proposals from American Outdoor Advertising and Media Management as secondary and tertiary options, respectively. BOARD / COMMISSION RECOMMENDATION n/a ATTACHMENTS 1. Stab' Report 2. RFQ for Comprehensive Signage Program 3. ENA with CBS Outdoor Resolution No. ♦ RESOLUTION NO. 2008 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN EXCLUSIVE NEGOTIATING AGREEMENT WITH CBS OUTDOOR REGARDING THE CITY'S COMPREHENSIVE SIGNAGE PROGRAM WHEREAS. the City of National City's 5-Year Strategic Plan 8b and 2 set out to Update the City's Comprehensive Signage Program and attain Fiscal Srrstainability, respectively, and WHEREAS, the City is exploring electronic message boards to modernize existing signage, integrate the City's branding efforts, and create additional revenue opportunities; and WHEREAS, updating the City's signage will help to modernize the City's image, promote the City's assets, add value to the City's urban landscape, and stimulate economic investment into the City; and WHEREAS, On April 24, 2008, the CDC issued a Request for Qualifications (RFQ) to solicit proposals from outdoor signage firms for the City's Comprehensive Signage Program; and WHEREAS, the purpose of the RFQ was to select a qualified firm to Enter into an Exclusive Negotiating Agreement (ENA) with the CDC for 150 days for presenting a proposal advantageous to the City for the Comprehensive Signage Program; and WHEREAS, a City Review Committee and Ad Hoc Committee evaluated the RFQ submittals based on criteria identified in the RFQ document; and WHEREAS, based on a comprehensive evaluation of the RFQ submittals, staff recommends entering into an ENA with CBS Outdoor; and WHEREAS, CBS Outdoor was selected based on the company's assessed ability to fully deliver on the scope of services as identified in the RFQ document and on its extensive experience with outdoor signage. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute the Exclusive Negotiating Agreement with CBS Outdoor regarding the City's Comprehensive Signage Prograrn. Said Exclusive Negotiating Agreement is on file in the office of the City Clerk. --- Signature Page to Follow -- Resolution No. 2008 - June 17, 2008 Page 2 PASSED and ADOPTED this 17th day of June, 2008. ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel Ron Morrison, Chairman STAFF REPORT Re: A RESOLUTION OF TILE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAI. CITY (CDC) APPROVING AN EXCLUSIVE NEGOTIATING AGREEMENT WITH CBS OUTDOOR REGARDING THE (TTY's COMPREHENSIVE SIGN AGE PROGRAM ANI) AUTHORIZING TI-IE CHAIRMAN TO EXECUTE THF. AGREEMENT As part of the City of National City's 5-Year Strategic Plan 8b to Update the City's Comprehensive Signage Program and to attain Fiscal Sustainability (Strategic Action Plan 2), the City is exploring electronic message boards to modernize existing signage, integrate the City's branding efforts, and create additional revenue opportunities. One possible opportunity for additional revenue may be from electronic freeway signage, other off -site signage, and other signage opportunities (Le. bus shelters). Updating the city's signage will help to modernize the City's image, promote the City's assets, add value to the City's urban landscape, and stimulate economic investment into the City. On April 24, 2008, the CDC issued a Request for Qualifications (RFQ) to solicit proposals from outdoor signage firms for the City's Comprehensive Signage Program. The purpose of the RFQ was to select a qualified firm to Enter into an Exclusive Negotiating Agreement (ENA) with the CDC for 150 days for presenting a proposal advantageous to the City for the Comprehensive Signage Program. The CDC received a total of 4 RFQ responses for the Comprehensive Signage Program including submittals from American Outdoor Advertising, CBS Outdoor, Media Management, and Stanford Sign and Awning. A City Review Committee and AdHOC Committee, including stakeholders, evaluated the RFQ submittals based on criteria identified in the RFQ document. Based on a comprehensive evaluation of the RFQ submittals, staff recommends entering into an ENA with CBS Outdoor. CBS Outdoor was selected based on the company's assessed ability to fully deliver on the scope of services as identified in the RFQ document and on its extensive experience with outdoor signage. The selected firm proved to have a verifiable track record of accomplishments. An innovative proposal that integrates branding and maximizes return to the City is encouraged. Should the selected firm not deliver a satisfactory proposal per the Board's discretion, then staff proposes to request altemate proposals from the other firms that submitted an RFQ response. Should this scenario arise, staff recommends that the CDC Board consider secondary and tertiary proposals from American Outdoor Advertising and Media Management, respectively. Staff recommends for the Board's approval that the CDC enter into an ENA Agreement with CBS Outdoor for a Term of 150 days to propose a Comprehensive Signage Program advantageous to the City. Based on the results of the Comprehensive Signage Program proposal, staff suggests entering into a Consultant Agreement with the selected firm to implement the Comprehensive Signage Program in the 2008-2009 fiscal year. 1 Attachment 1 REQUEST FOR QUALIFICATIONS (RFQ) FOR COMPREHENSIVE SIGNAGE PROGRAM Project Title: Description of Project: Comprehensive Signage Program The Community Development Commission (CDC) is seeking qualifications from signage firms to enter into an Exclusive Negotiating Agreement with the City for 150 days, and ultimately a consultant agreement, to develop and implement the City's Comprehensive Signage Program. Department Requesting: Community Development, City of National City RFQ Issued: April 24, 2008 Submittal Deadline: 5:00 PM, May 8, 2008 (postmarks not accepted) Deliver Submittal to: Jacqueline Reynoso Community Development Coordinator Community Development Commission City of National City 1243 National City Blvd. National City, CA 91950 jreynoso@ci.national-city.ca.us Attachments: • ENA Sample Template • City's Sign Ordinance, Chapter 18.62 of the National City Municipal Code • CA Legislation AB830, amended • Freeway Signage Map • Summary of Existing Freeway Signage i Attachment 2 7, I. INTRODUCTION As part of the City of National City's 5-Year Strategic Plan 8b to Update the City's Comprehensive Signage Program and to attain fiscal sustainability (Strategic Action Plan 2), the City is exploring electronic message boards and additional revenue opportunities. One possible opportunity for additional revenue may be from electronic freeway signage, other off -site signage, and other signage opportunities (i.e. bus shelters). Moreover, updating the city's signage will help to modernize the City's image, promote the City's assets, add value to the City's urban landscape, and stimulate economic investment. The purpose of this Request for Qualifications (RFQ) is to select a qualified firm to Enter into an Exclusive Negotiating Agreement (ENA) with the CDC for presenting a proposal advantageous to the City. 1I. SCOPE OF SERVICES The CDC is seeking submittals from qualified firms for development of a Comprehensive Signage Program. The firm should be able to address legal, financial and appropriateness issues. The firm should be qualified to resolve any and all issues pertaining to signage location, procedures, revenue and messaging content, consistent with the City's Sign Ordinance (Chapter 18.62 of the National City Municipal Code), State of California requirements, CALTRANS regulations, pending Legislation (AB830), property ownership and signage placement, National City Redevelopment Plan requirements, CA Outdoor Advertising Act, appropriate approvals from the City's Building & Safety, Planning, and Engineering Departments, and coordination with existing freeway signage owners such as the Mile of Cars Business Association, and the Chamber of Commerce. The selected firm should have significant experience and a verifiable track record of accomplishments. Innovative proposals that maximize return to the City are encouraged. III. SUBMITTAL REQUIREMENTS The CDC welcomes responses to the RFQ in a format that the firm believes best expresses the qualifications of the firm. Lengthy responses are not expected. Short, concise, yet comprehensive proposals are preferred. All submittals should include the following: A. Statement of Qualifications and interest — Explain the background of the firm and its experience regarding similarly scaled projects. Describe the type and location of projects, scope of involvement, current status of project, project management responsibilities, and extent of public/private partnerships. Experience with California cities in particular should be noted. Please limit your description of experience to your most recent 3-4 projects that are most relevant to this RFQ. State the reasons for the firm's interest in developing the City's Comprehensive Signage Program. B. Description of Project Team- Detailed Information on the proposed work team and their specific role, including membership of the board of 2 3 directors, senior management, corporate history, corporate mission statement, and corporate organizational structure. Similar information is requested for any business partner that will be involved with the project and their specific role. C. References- Provide complete contact information for at least five clients or partners with whom the firm has successfully completed similar projects. D. Items Not to be Included in Submittal — The RFQ is intended to identify a firm who is able to work with the CDC and other relevant entities to develop and implement a Comprehensive Signage Program for the City of National City. Program development ideas and specific proposals are not requested at this time and should not be submitted. E. General Comments — Comment on any aspect of the RFO or project as proposed at this point. F. Insurance Coverage- Provide proof of professional liability, commercial general liability, and automobile liability insurance of at least $1,000,000. If applicable, worker's compensation insurance with limits prescribed by state law must also be provided. G. Indemnity — The firm will be required to indemnify the CDC from liability arising from the firm's negligence in performance of services. Applicants should provide six copies in a sealed envelope marked "Qualification for a Comprehensive Signage Program." NOTE: Facsimile copies will not be accepted. After review of all submittals, qualified firm(s) will be contacted with further information about the ENA process. The CDC reserves the right to reject any or all submittals. No obligation, either expressed or implied, exists on behalf of the CDC to make an award for the work or for costs incurred in the preparation of the response to the Request for Qualifications. The CDC reserves the right to select more than one party to provide these services. IV. RFO and PROJECT SCHEDULE RFQ Issued April 24, 2008 Qualifications Due May 8, 2008 Evaluations of Qualifications May 9-12, 2008 Preferred Firm Identified May 13, 2008 ENA Negotiations May 14-22, 2008 CDC Approves ENA June 3, 2008 ENA Term 150 days Consultant Agreement 2008-2009 V. SELECTION CRITERIA An Ad J-loc Committee will review submittals based on the following criteria: a. Quality of signage firm, its team members, and its experience b. Demonstrated success developing and implementing similar signage programs c. Demonstrated ability working on successful public -private signage projects 3 d. Ability to generate revenue for the City e. Experience working with communities on politically sensitive projects f. Willingness to work through any and all issues regarding development and implementation of a Comprehensive Signage Program g. Ability to manage projects within schedule and budget h. References VI. GENERAL. CONDITIONS The CDC reserves the right to modify or cancel the selection process or schedule at any time. Additionally, the CDC may seek clarification or additional information from proposals, as it deems necessary to the evaluation of the response. The RFQ does not commit the CDC to sign an agreement, award a contract, or to pay any costs incurred in the preparation of a response to this RFQ. CDC approval will be required. All documents, conversations, correspondence, etc. between the CDC and the firms are public information subject to the laws and regulations that govern the City and the CDC, unless specifically identified otherwise. The CDC makes no representations about the placement of proposed signage. The respondent shall make its own conclusions conceming such placement. 4 -( EXCLUSIVE NEGOTIATION AG EMENT BY AND BETWEEN COMMUNITY DEVELOPMENT OMMISSION OF THE CITY OF NATIOr AL CITY AND CBS OUTDO ' R THIS EXCLU VF. NEGOTIATING AGR MENT (the "Agreement') is entered in this 171h day of June 2008, b and between the COMN NI'1'Y DEVELOPMENT COMMISSION OF THE CITY OF NA'1' NAI. CITY, a puhli body, corporate and politic (the "Agency"), and CBS OUTDOOR, INC., Delaware corpo ation (the "Contractor"), on the terms and provisions sct forth below. CITALS WHEREAS, on May 1, 2007, the 'ity Council of the City of National City (the "City") adopted the City's 5-Year Strategic Pla ; WHEREAS, The City's 5-Y r Strategi 'Ian 8h sets out to Update the City's Comprehensive Signage Program; •- d WIIEREAS, the purpose f the C'omprehensiv. Signage Program is to modernize the City's image, promote the City' assets, add value to the ity's Urban 1 andscape, and stimulate economic investment; and WHEREAS, the Cont actor is interested in developing, Comprehensive Signage Program (the "Project" for t City of National City; and WHEREAS, the Ay-ncyand the Contractor desire to enter to o this Agreement to initiate exclusive negotiations duri g a 150 day period commencing on the eft tive date of this Agreement until Novemb 13, 2008 (the "Negotiation Period") for the p rposes of (i) undertaking due diligence activities regarding the Project; (ii) designing th Project; (iii) negotiating the responsibi itics, schedule, and financial parameters for devel mcnt of the Project; (iv) preparing st 'ics which may be required for Project implemental n; (v) processing Project entitlements; and vi) negotiating and drafting an agreement with relevant parties/ agencies in connection w th the Project. NOW, THEREFORE, in consideration of the recitals and mutual covenants and conditions contained herein, the parties hereto agree as follows: ARTICLE 1 SITE The Project Arca constitutes City of National City's Redevelopment Project Area. The exact project locations of the Project Area will be determined during the Project Area planning activities outlined below. The Project Area is depicted on Exhibit "A", which is attached hereto and incorporated herein by this reference. Attachment 3 EXCLUSIVE NEGOTIATION AGREEMENT BY ANI) BETWEEN COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL. (7ITY ANI) CBS OUTDOOR THIS FXCI l ISM- NI-.(;O'I IA'fIN(; A(;RI•FMENT (thc "Agreement') is entered in this 17th day of June 2008, by and between the ('OMMI;NI'1'Y DKVEI.OI'MENT (7OMMISSION OF THE ('1'1'Y OF NATIONAL CITY, a public body, corporate and politic (the "Agency"), and CBS OUTDOOR, INC., a Delaware corporation (the "Contractor"), on the terms and provisions set forth below. RECITALS WHEREAS, on May I , 2007, the City Council of the City of National City (the "C adopted the City's 5-Year Strategic Plan; WHI:RFAS, The City's 5-Year Strategic Plan 8b sets out to Update the City's Comprehensive Signage Program; and W HLREAS, the purpose of the Comprehensive Signage Program is to modernize the ('ity's image, promote the (;ity's assets, add value to the City's I filial] I .andscape, and stimulate economic investment; and WIIFREAS, the Contractor is interested in developing a Comprehensive Signage Program (the "Protect" ton the ('ity of National City; and WIIFR AS, the Agency and the Contractor desire to enter into this Agreement to initiate exclusive negotiations during a 150 day period commencing on the effective date of this Agreement until November 13, , 2008 (the "Negotiation Period") for the purposes of (i) undertaking due diligence activities regarding the Project; (ii) designing the Project; (iii) negotiating the responsibilities, schedule, and financial parameters for development of the Project; (iv) prepanng studies which may he required fire Project irnplementation; (v) processing Project entitlements; and (vi) negotiating and drafting an agreement with relevant patties/ agencies in connection with the Protect. NOW, TI ILREFORE, in consideration of the recitals and mutual covenants and conditions contained herein, the parties hereto agtec as follows: ARTICLE SITE fhc Project Area constitutes City of National City's Redevelopment Project Area. The exact project locations of the Project Area will he detenuined during the Project Area planning activities outlined below. The Project Area is depicted on Exhibit "A", which is attached hereto and incorporated herein by this reference ARTICLE I1 NEGOTIATION PERIOD 2.1. Comprehensive Signage Program Development /Due Diligence • 1 he Negotiation Pettod shall continence upon the elate Agency approve.. and executes this Agreement (the "('ommencement I)ate") and emceed for a ixaiod of 150 clays. During the first sixty (60) days of the Negotiation i'eriod (the 'Fast I)uc Diligence Per iod"), the parties agree to negotiate in good faith to formulate the plan for development of the Project (the "Comprehensive Signage Program"') and conduct due diligence activities The Comprehensive Signage Program shall include and delineate the following elements: (a) A preliminary Project plan: (b) I he interface of a phased development with the complete build out/ implementation of the Comprehensive Signage Program; (c) Required on arid off -site infrastructure improvements; (d) Project. inf astructure, and state and local regulatory rcquiieincnt costs; (e) Project; Funding responsibilities and sources for development of the (1) Possible participation by one of Wrote residents or menthe's (tithe business community; (g) development activities, and The parties/entities responsible for the various Project (h) :\ detailed ('omprehensive Signage Program Proposal and implementation schedule. During the First Due Diligence Period, the Agency and Contractor, as applicable, shall conduct their respective due diligence acti\ ides, including, but not limited to• (i) Contractor's timely- delivery and submission to Agency of sufficient evidence that the Contractor has the required expenence to complete the Project; (J) prepared tor the I'rulecl. (ontiactor's timely review of pielinrin:uy signagc inventory repnit (kl Contractor's timely investigation of the Project Area; (1) Contractor to address all legal, financial and appropriateness issues surrounding the proposed ('otnpiehensrve Sin,nage Program; (m) Agency, with contractor's assistance, to resolve any and all issues pertaining to signage location, procedures, revenue and, to the extent legally permissible, messaging content, consistent with the City's Sign Ordinance (Chapter 18.62 of the National City Municipal ('ode), State of ('alifornia requirements, CAI.TRANS regulations, pending I.egislation (Al-* 30), property ownership and signage placement, National City Redevelopment Plan requirements, (:A Outdoor Advertising Act, appropriate approvals hum the City's Building & Safety, Planning, and Engineering Departments; (n) Agency, with contractor's assistance, to coordinate, as appropriate, with existing freeway signage owners such as the Mile of ('ars Business Association, and the Chamber ot•Commerce; and (o) Contractor's timely submission of the specific project locations for the ('omprehensive Signage Pit -Tian] to the CDC for review and comment. 2.2. Assessments/ Review! Entitlements I Ipon the close of. the First L)ue Diligence Period, the Agency agrees to negotiate exclusively with the Contractor fin the rernaining term of the Negotiation Period (the "Second Due Diligence Period") in order to tinali7e the Comprehensive Signage Program Agreement. During the Second Due Diligence Period, the ('ortractor shall (i) submit a refined Comprehensive Signage Program Plan which shall consist of signage types and locations, preliminary concept drawings and schematics clearly showing signage footprints, elevations, design theme, preliminary landscaping, signage lighting, vehicular and pedesti ian access ways and exits, and other factors fully descr 11nive of the proposed project, all to scale; and (ii) prepare and begin processing with the City the environmental studies, as necessary, and land use entitlements necessary for development of the Project, including, without limitation. an amendment to the ('ity's Sign Ordinance. Toning amendmcnt(s), as appropriate. The Agency staff and the Contractor shall work cooperatively before the Planning ('ornmissnon and City Council in any applications for land use permits and in any Zoning Ordinance amendments that may Ix: required. The Contractor shall supply all intiornnation to the Agency and to the ('tty of National ('ity, and shall process all documents necessary to satisfy requirements of ( :\Li RANS, the City's Sign Ordinance, and any other legal entities, if necessary. If, :it the close of the Negotiation Per iud, the Contractor has not executed and submitted a Comprehensive Signage Program Agreement to the Agency, this Agreement shall automatically terminate tailless the Negotiation Penrod has been mutually extended in writing for up to an additional one bundled and twenty (120) days by the Agency's Executive Director, in his or her sole discretion, and Contractor 2 3. Execution of Comprehensive Signage Agreement Upon submittal of the executed Comprehensive Signage Program by the Contractor to the Agency, and prnvidcd that all environmental and entitlement applications necessary for the Project have been suhmiitcd by Contractor to the City, the Negotiation Period shall be extended for an additional sixty (60) days ("Third Due Diligence Period) to enable the Agency and the City to. 1 Process environmental and entitlement applications through the City s Planning Commission and City Council. The Agency agrees that during the Negotiation Period, time Agency shall nut negotiate or enter into an agreement with any other person or entity regarding development of the Comprehensive Signage Program. The obligation to negotiate in good faith requires the respective parties to communicate with each other with respect to those issues for which agreement has nut been reached, and in such communication to follow reasonable negotiation ptoccdutes, including meetings, telephone conversations, and correspondence. The parties understand that final accord on all issues may not be reached. 1t is also understood that (I ) neither party is under any obligation to reach agreement on the Project area and that (2) each parry reserves the tight to approve or reject a Comprehensive Signage Program Agreement, the Project, or any disposition oldie Project Area in its sole discretion, as more particularly set forth in Part IV of this Agreement. 2.3 Agency and Contractor Obligations Dining the Negotiation Period. Agency and Contractor obligations shall include, but not be limited to, the following (a) Agency Obligations (i) Negotiate through its staff exclusively with Contractor in co:mecliun wills the development of the Project Area and Comprehensive Signage Program; (ii) IZeviei.s the Project plans and determine consistency with the (ieneral Plan, City's Sign Ordinance, ('AI '1IZANS and local /ouittg and other relevant land use regulations on the proposed Project Atca, (iii) Provide the Contractor with documents in Agency's possession that would assist the ('imtractot with the due diligence activities described in this Agreement; (iv) Upon Agency's acceptance of the Comprehensive Signage Program and completion of CEQA requirements, Agency and Contractor shall negotiate and enter Into a ('ontprehens; e Signage Program Agreement. (h) Contt;Idol Ohlit.atmons (i) Use its best et forts to investigate the I'roject Area, (II) Submit the Conymrehcnsivc Signage Program, including specific stgnage locations, elevations, schematic drawings, detailed Ptujecl costa, Project profounas for individual product types as well as a pnr Vagina sutnnranling the total Project and respective returns and other documents necessary fin Agency. and City ievlew, (iii) Cl,ndivatc the Project ith the community way finding stgnage intprilvcnrcnts planned file the City, 4 ARTICLE III RETENTION OF DISCRETION TO APPROVE TIIE PROJECT AND COMPREHENSIVE SIGNAGE PROGRAM AGREEMENT; NO PRE -COMMITMENT It is anticipated that the Comprehensive Signage I'rogram Project and the Comprehensive Signage Program Agreement providing for its implementation will be presented to the Agency Board for approval The parties understand that the Agency is reserving the right to exercise its discretion as to all matters which it is, by law, entitled or required to exercise its discretion, including, but not limited to the following: 3.1. Approval by the Agency of the Final Project as Contained in the Comprehensive Signage Program Agreement The parties understand that the Agency has the complete and unfettered discretion to reject the Project Area and/or Comprehensive Signage Program Agreement without explanation or cause The nsk of loss of all processing, design and developmental costs incurred by the Contractor prior to the Comprehensive Signage Program Agreement approval and execution shall be absorbed entirely by ('Detractor. 3.2. Review and Approval by the Agency of all Discretionary Findings and Conclusions The decision by each of the Agency and Contractor to enter into the ('ompichcnsivc Signage Program Agreement shall be conditioned upon the successful review and approval of all necessary findings and eonchr,rons which the Agency Hoard is required to make, including all necessary findings and determinations required under CEQA, state and local land use provisions, and the California ( Redevelopment Law. As to any matter regarding which the Agency may be required to exercise its discretion in approving and executing the Comprehensive Signage Program, neither anything herein, nor to he contained in the Comprehensive Signage Program Agreement shall obligate the Agency to exercise its discretion in any particular manner, and any exercise of discretion reserved hereunder or required by law, shall not be decreed to constitute a breach of Agency duties under this Agreement. 3.3. No Pie -Commitment by Agency By its execution of this Agteernent, the Agency is riot committing itself or agreeing to undertake any activity requiring the subsequent exercise of discretion by the Agency, or any depar Iment thereof, including, but not limited to, the approval and execution of a ('onrprchensive Signage Program Agreement; the proposal, amendment. or approval of any land use regulation tovcrnirrg the Prujcct Area, the provision of financial assistance for the development of any public or private 'metes' in real property; the authorization or obligation to use the Agency's eminent domain authority; or any other such activity This Agreement does not constitute a disposition of property or exercise of conlol over property by the Agency. Agency execution of this Agreement is merely an agreement to enter into a period of exclusive negotiations according to the terms hereof, reserving final discretion and approval by each of the Agency and the Contractor as to any proposed ('rnnprehensive Signage Program Agreement and all proceedings and decisions in connection therewith. ARTICLE IV TIIE CONTRACTOR 4.I. C ritractut Expetiencc As a condition precedent to Agency' s execution of this Agreement, Contractor shall have submitted to Agency a detailed description of the project experience of the Contractor and its principals, associates, employees, partners, and joint venturers. 4.2. Offices oldie Contractor The principal offices of Contractor are located at: ('BBS Ott 7 DOUR Attention: John R Clements, Executive Vice President Real Estate; Acquisitions 3150 South .l8"' Street, Suite 200 Phoenix, AZ, S5040 The Contractor's inuject manages will be Steve ('hatham or another project manager to be named pilot to execution of the Comprehensive Signage Program Agreement by the (.'ontractor Other prime Contractors, employees, consultants, or representatives who ate proposed to he directly involved in the Project will be determined by ('onttactor and submitted to Agency upon any sueh delctminatiun 4.3. Full Disclosure The Contractor shall maintain full disclosure to the Agency of its principals, officers, stoekholdcts, partners, joint ventures, and all other pertinent information concerning the Conti actor. 4.4. Assignment The Contractor without prior written approval oldie Agency may not assign this Agreement The Agency agrees that, notwithstanding the foregoing, the Contractor may assign its rights under this Agreement to a cur potation, trust, or partnership of which the Contractor owns the urtjority beneficial interest and operational control. ARTI(_'I.F. V GENERAL PROVISIONS 5.1 Applicable Law 6 the laws of the State of California shall govern the interpretation and enforcement of this Agieement. 5.2. Acceptance of Service of Process In the event that any legal action is commenced by Contractor against Agency, service of process on Agency shall be made by personal service upon the Executive Director or Secretary of Agency, or in such other manner as may be provided by law. in the event that any legal action is commenced by Agency against Contractor, service of process on Contractor shall be made by personal service upon Contractor or in such other manner as may be provided by law, and shall be valid whether made within or without the State of California. 5 3 Rights and Remedies are ('unrulative Except as othenvise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party 5.4. Attorney's Fees If either party to this Agreement initiates or defends litigation in any way connected with this Agreement, the prevailing party in such litigation, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to its actual and reasonable attorney's fees. As used herein, the term "attorney's fees" shall include attorney's fees incurred related to the foregoing described litigation and for any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, retaining expect witnesses, taking depositions and discovery, and all other necessary costs incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall he ent reeahlu whether or not such action is prosecuted to judgment. 5.5. Termination Rights Notwithstanding the nominal Negotiation Period hcreinahove set forth, either party may terminate this Agteement if the other party has materially defaulted in its obligations herein set forth, and the terminating party has provided the defaulting parry with written notification of such determination, and the defaulting party has refused to cute same. The written notification shall set forth the nanire of the actions required to cute such default if curable The defaulting party shall have thirty (30) days from the date of the written notification to cure such default. Ifsuch default is not cured within the thirty (30) days, the termination shall be deemed effective. hot purposes of this patagraph, the parties hereby acknowledge that time is of the essence. hack patty shall also have the right to terminate this Agreement in the event that (a) Agency or Contractot detetnmines that the Project is infeasible, based on financial or environmental impact considerations, or not in the public interest., rn (b) the parties reach an impasse in their negotiation of the Comprehensive Signage Program Agreement. 5.6. Indcnnrih 7 Contractor shall indemnify, protect, defend and hold harmless Agency and City and Agency's and (ity's respective elected officials, officers, employees, representatives, members, and agents from and against any and all challenges to this .Agteement, and any and all losses, liabilities, damages, claims or costs (including auurncys' fees) arising tiom l ontractor's negligent acts, euo'c, or omissions with respect to its obligations lictcunde', excluding any such losses arising from the sole negligence or sole willful misconduct of the Agency or the conduct of third parties outside the control of the Contractor This indemnity obligation in connection with events occult ing prior to the termination of this Agtecment shall survive the termination of this Agrceinent. 5.7. Notices, Demands and Communications Between the Parties Formal notices, demands, and communications between Agency and Contractor shall he given either by (i) personal see% ice, (ii) delivery by reputable document delivery service such as federal Express that provides a receipt showing date and time of delivery, of (iii) or by mailing in the United States mail, certified mail, postage prepaid, return receipt requested, addressed to: To Agency. With copy to: To Contractor: Read Raulston, Executive Director Community Development Commission of National ('ity 1243 National City Blvd National City, CA 91930 George 11. Eiser, 111, City/('I)(' Attorney 1243 National City Blvd National City, ('A')1950 lobo k Clements, Lxecutive Vice President Real Estate/ .Acquisitions (.13S Outdoor 3150 South 48°h Street, Suite 200 Phoenix, AZ, 85040 Notices personally delivered or delivered by document delivery service shall he deemed effective upon receipt Notices 'nailed in the manner provided above shall he deemed effective on the second business day billowing deposit in the United States mail. Such written notices, demands. and communications shall be sent in the same marine' to such other addresses as either party may fionn time to time designate by mail. 5.8. Nonliability of City and Agency Officials and Employees No menthe', official, employee. or contractor of City or Agency shall be personally liable to ('ontractor in the event of any default or breach by Agency or for any amount, which may become due to Contractor of nn any ohltgauons under the terns oftie Agreement. 5 9 Intcrpretatu>n The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either parry by reason of the authorship of this Agreement or any other rule of construction which Wright otherwise apply. The part and paragraph headings used in this Agreement are for purposes of convenience only, and shall not be construed to limit or extend the meaning of this Agreement. 5.10. lintirc Agreement. Waivers, and Amendments This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement must be in witting and signed by the appropriate authorities of the party to he charged, and all amendments and modifications hereto must he in writing and signed by the appropriate authorities of Agency and Conhactor. 511 Counterparts This Agreement may he executed in counterparts, each of which, after all the parties hereto have signed this Agreement, shall he deemed to be an original, and such counterparts shall constitute one and the same instrument. 5.12. Successors. Assignment 1 his Agreement shall be binding upon and shall inure to the benefit of the permitted successors of each of the parties hereto This Agreement shall not be assigned by Contractor without the prior written consent of Agency. 5.1 3. Severabi 1 itv In the event any section or portion of this Agreement shall be held, found, or determined to be unenforceable or invalid for any reason whatsoever, the remaining provisions shall remain in effect, and the parties hereto shall take further actions as may be reasonably necessary and available to them to effectuate the intent of the parties as to all provisions set forth in this Agreement. 5.14. I inrc is of the lassencc 'time is of the essence for each of the panties' obligations under this Agreement. 5.1 5 Confidentiality Contractor acknowledge. and agrces that Agency is a public entity with a responsibility and, in many cases, legal obligation to conduct its business in a manner open and mailable to the public..' cc rdmgly. any intoouarion provided by Contractor to Agency with respect to the Site. the Project or Contractor may. he disclosed to the public either purposely, inadvertently, or as a result ofa public demand or order. With respect to any infinmatinn provided that Contractin reasonably deems and identifies in writing as proprietary and confidential in nature, Agency agrees to exercise its best efforts to keep such urtorniatron confidential 9 i Di WITNESS WHER.BOF, the Agency and the Contraeur have signed this Ageement on the respective dates set forth below. AGENCY: CONTRACTOR: COMMUNITY DEVELOPMENT COMMISSION CBS OUTJ OF THE CITY OF NATIONAL CITY Ron Morrison, Chairman JoCieme:t?s, Executive Vice President, R : Estate! Acquisitions ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel Dated: 10 Steve Chath:tVice President Transit/Reali.state Dated: ' O b d EXHIBIT "A" REDEVELOPMENT PROJECT AREA -,.• .wro:1, r , , '''-1*-:;`‘. . ..- ; N,, '•• - • .,,, ,.; .: , -, t. :,•• i :,•••'''. : ...; ' , - .. ...0 ,..•,......1; • .. • -,.c , .., ., .„0...-, 37,....q. 4i.;;;,. . - .. • -.:. • -;•••I•• .. : ,- ...., .•::(;:ii, iv • •_. • , . ,• :-...; .. : .-' •,.. 4, .. - • . • •,.. • .• ..••:-.. -t-rj,i,i;•;,••,,4•.....• ..; .,, ... ,-. - : ,. :,. .. : . -• : ... ...;•• . .,."i4',•:.; ,. -:;',•-••••;•.•,:::4..: ••• ..; “• :', • •:-:, . !,, ---•• • , • • . : r • ..t! • • • • . ' • I i .• • • ' 11;1, : ". • . Irl.•••••.%. • • • ••7ii,•••• • ..1.•••••• C4116.5 .••••• 1 CITY OF NATIONAL. CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT FETING DATE June 17, 2008 AGENDA ITEM NO, 30 ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ADOPTING THE COMMUNITY DEVELOPMENT COMMISSION'S PRELIMINARY BUDGET FOR THE 2008-2009 FISCAL YEAR PREPARED BY Jeanette Ladnd , CPA Finance D. o rif_____ EXPLANATION On June 10, 2008, the City Council of the City of National City considered the City's Preliminary Budget for Fiscal Year 2008-2009 as presented and recommended by the City Manager. State Law requires the Budget to be adopted before the start of the new fiscal year on July 1, 2008 DEPARTMENT Finance x 4331 Staff has incorporated the following modifications to the Preliminary Budget. Planning Department 48,000 CDC Commissioners 5,100 With the resolution, Finance will proceed with preparing the Final Budget for distribution in August/ September 2008. The Preliminary Budget will also be available on the City's website. This action formally adopts the Preliminary Budget for Fiscal Year 2008-2009. Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Approve the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution A-200 (9/80) RESOLUTION 2008 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL APPROVING THE PRELIMINARY BUDGET FOR FISCAL YEAR 2008-2009 BE IT RESOLVED by the Community Development Commission of the City of National City (CDC) that the preliminary budget for Fiscal Year 2008-2009 is adopted as submitted by the Secretary, as modified and recommended by the Finance Committee, and hereby presented to the CDC. NOW, THEREFORE, BE IT RESOLVED that the Secretary is hereby directed to prepare a final budget to be presented to the Community Development Commission of the City of National City for adoption which incorporates all budget modifications approved by the Finance Committee. PASSED and ADOPTED this 17th day of June, 2008. Ron Morrison, Chairman ATTEST. Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel CFI V r)F NA11nNAI. CITY I- XI'ENDI I UKE SUMMAKY BY O61hUI • AI.I. I'(1NI)S F1SCAI YEAR 2008-2009 Fund Description Personnel Maintcmriec Capital Capital Internal 7otal'Budget Services & Operation Outlay Improvements Charges 2h) CDC I)cht Service Fond I) 5361.711 0 0 0 5,363,731 502 Section 8 Fund 857,355 7,562,326 0 0 46,316 8,466,017 505 HOM). kind 0 521,516 0 0 0 524,546 511 Tax Incremental Fund. City Council 50,311 23,700 0 0 0 74,034 CityClcrk 103,785 0 0 0 0 103,785 tit. % Manager 178,127 0 0 0 0 178,127 Finance 306,686 93.829 0 0 0 400,515 City Attorney 261.811 (3 0 0 0 264,831 Planning And Building Dept 184,484 48.000 0 (1 0 232,484 I luman Resources 53,064 0 0 0 0 53,064 General Services 33,165 0 0 0 0 33,165 Non-I)epanmental 0 0 0 4,373,000 0 4,371,000 Management Information Systems 94,070 0 0 0 0 94,070 I.ngineering 111.272 2.600 0 0 0 141,872 Community Services 0 t) t) 0 0 0 Community Development Department 1,435,1146 2,901.8,15 3,000 0 0 4,339,941 511 Tax incremental Fund 2.844,914 3,069,974 3,0181 4371,000 0 10,290,888 522 Low/Moderate Housing Fund 57.280 1,180.868 0 0 O 1,238.148 523 Brownfield Grant 0 t) 0 0 0 0 T .t AI. ('D(• FONDS . 3.759,549__ _ 17 7Q1,445 _ 3.000_ 4.37.L000 46,336, 25 8 3330 FROM Low & Moderate Income Housing Fund CDC Debt Service Fund CDC Debt Service fund Grant - CDBG Fund HOME Fund CITY OF NATIONAL CITY FUND TRANSFERS DETAIL FISCAL YEAR 2008-09 TO CDC Debt Service Fund Tax Increment Fund Tax Increment Fund Tax Increment Fund Low & Moderate Income Housing Fund PURPOSE AMOUNT Debt Service Funding 826.118 Operating Subsidy 5,818.925 Capital Subsidy 4.373.000 Expenditure Recovery 45.864 Expenditure Recovery 49.900 City of National City, California CITY COUNCIL AGENDA STATEMENT MEETING DATE June 17 2008 AGENDA ITEM NO 31 (ITEM TITLE Verbal Report - Certificate of Deposit Account Registry (CDARS) Investment Update PREPARED BY Jacqueline Reynoso (ext. 4293) • Community 1)cvclopment Coordinator DEPARTMENT Economic Development Division Stratee.ic Action 2 EXPLANATION On August 21, 2007, City Council approved an amendment to the City's Investment policy (Policy Number 203). The newly amended investment policy makes Certificate of Deposit Account Registry Services (CI )ARS) an eligible investment category. CDARS became statutorily authorized by the enactment of the California Government Code Section 53601.g, effective January 1, 2007. CI )ARS is provides full FDIC insurance on deposits of up to $30 million in authorized financial institutions. By providing access to full FDIC insurance, ('I)ARS can help the City comply with investment policy mandates. On September 4. 2008, City Council approved a $2.000.000 investment in the CDARS program with Neighborhood National Bank (NNB) at a competitive rate of return of 5.25%. with an 18 month maturity. City staff is exploring the possibility of investing an additonal $1,000,000 with Neighborhood National Rank, and is thus providing City Council with an update on the City's CDARS invettment. Environmental Review N/A Financial Statement N/A STAFF RECOMMENDATION ATTACHMENTS Resolution No. A-200 (9/80)