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Home My WebLink AboutResolution Exhibits A-WROPS 14-15B January 1—June 30, 2015 Exhibit Reference List A B4. Bond Certificate Use of Proceeds B Implementation Plan 2005-2009 C Implementation Plan 2010-2014 D EIR Pages from 4.9 Land Use Code E Chapter 3 - Land Use - Westside Specific Plan Pages 30-38 F Westside Findings Statement SOC G WITOD CDC Resolution 2009-51 H WITOD CDC Resolution 2009-61 1 WITOD Expense Report July 2008-Dec 2010 J 1995 RDA Plan Section VIII K 2007 RDA Plan Amendment Section VIII L NC Financing - UFI Bond Advisor Presentation M Downtown Specific Plan Fed 2005 Ref. 8th Street N Final Budget 2011 Excerpt CIP Budget Pages O Reso 2010-13 8th Str Smart Growth P Expense Reports 8th Street Smart Growth Q Reso 2010-105 30-year Lease Aquatic Center R 30-Year Lease with Port S SDUPD 486136 MOU Aquatic Center T Reso 2013-119 Port Reimburse U Port Master Plan - Aquatic Center V Aquatic Center FY 2009-Dec 2010 Expense Report W ROPS 14-15B ROPS 14-15B January 1- June 30, 2015 Exhibit "A" $39,660,000 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (National City Redevelopment Project) 2011 TAX ALLOCATION BONDS CERTIFICATE 6 ING USE 0F'P DS The undersigned is the Executive Director of the Community Development Commission of the City of National City (the "Issuer"), is authorized to execute this certificate on behalf of the Issuer, is knowledgeable with respect to the matters set forth herein, and hereby states and certifies as follows: (1) Issuance of Bonds. Pursuant to an Indenture of Trust, dated as of June 1, 2004, as amended and supplemented by a First Supplement to Indenture of Trust, dated as of January 1, 2005, and a Second Supplement to Indenture of Trust, dated as of January 1, 2005 and further supplemented by a Third Supplement to Indenture of Trust, dated as of March 1, 2011. each by and between the Commission and Deutsche Bank National Trust Company, as trustee (as amended and supplemented, the "Indenture'), the issuer is issuing the bonds captioned above (the "Bonds") on the date of this Certificate. (2) Protect Fund Deposits. Of the proceeds of the Bonds received on the Closing Date, a total of $33,9442,161.05 will be deposited in the following Redevelopment Fund the "Project Fund"): (3) Description of Protect. The proceeds of the Bonds deposited In the Project Fund will be used to finance the capital improvements (collectively, the "Project") more particularly described.in Part I of Exhibit A hereto attached and by this reference herein incorporated. (4) Private Uses of Protect. Part II of Exhibit A describes: (A) each use to be made of the Project by any private person or entity (that Is, any entity other then 0) the Issuer, 00 other non-federal governments[ entities, or (r[) members of the public generally), and (B) all payments (If any) direly or indirectly in respect of any use to be made of the Project by any private person or entity, which are to be made after the Closing Date. (5) ExpendlKe of Proiga_funclq, Part III of Exhibit A contalm a schedule of reasonably expected expenditures of proceeds of the Bonds from the Proect Fund for costs of the P vJcct. (6) No Pdvate Loans. No portinn of th.A proceeds of the Bonds will be used, directly or Indirectly. to make. or finance a ban to any person (other than a State or local government unit). (7) Expectations Renardino Prolect Use for Life of Bonds. The Issuer reasonably expects to use the Project for the purposes described In Exhibit A or for other governmental purposes of the Issuer during the entire term of the Bonds. (8) Practices and Procedures for Accounting for and Monitoring of Bond Procei The Issuer will, after the Closing Date, institute practices and procedures to assure that proceeds of the Bonds are used in such a manner: (A) so as not to violate the provisions of the Internal Revenue Code of 1986, as amended, under which interest on the Bonds is excluded from federal Income taxation, and (B) to comply with State and local legal requirements regarding the valid incurrence of debt and permitted uses of the proceeds of the Bonds. These practices and procedures generally will account for and monitor (1) the expenditure and investment of Bond proceeds, (11) the use of the Project financed with the proceeds of the Bonds, and @Q any changes in the underlying structure of the Bond financing. These practices and procedures will include (but not be limited to) the items set forth in Exhibit B hereto. The Issuer will retain its records of all accounting and monitoring it carries out with respect to the Bonds for at least 3 years after the Bonds mature or are redeemed (whichever Is earlier); however, If the Bonds are redeemed and refunded, the Issuer will retain its records of accounting and monitoring at least 3 years after the earlier of the maturity or redemption of the bonds which refunded the Bonds. The Issuer acknowledges that the list in Exhibit B is not exclusive and covenants to comply with all tax limitations and requirements Imposed with respect to the Bonds after the Closing Date. Unless otherwise set forth in the practices and procedures of the Issuer, Urban Futures, Inc., will initially undertake post -issuance compliance relating to the Bonds. (9) Investment of Bond Proceeds. The proceeds of Bonds excluding amounts in the reserve account, shall be invested in tax exempt municipal bonds, which may Include non-AMT money market bonds. (10) Certifications (a) The above statements are made on the basis of the facts, estimates and circumstances In existence on the date hereof and the undersigned has exercised due diligence to assure that all material facts, estimates and circumstances relating to the above statements were made available to the undersigned and reviewed by the undersigned. (b) To the best knowledge of the undersigned, the above statements are reasonable and there are no other facts, estimates or circumstances, other than those set forth herein, that would materially affect the statements made herein. (c) The undersigned is aware that Jones Hall,. A Professional Law Corporation, is rendering an opinion on the date hereof substantially to the effect that the Interest on the Bonds is excluded from gross income for federal income tax purposes and in rendering such opinion is relying upon the statements made in this Certificates and in the Exhibits attached to this Certificate. -2- P2 IN 'WITNESS WHEREOF, I have hereunto set my name this 3rd day of March, 2011 Directo, -3- EXHIBIT A PART I. Detailed Description of Project The Bonds are being issued to finance redevelopment projects, primarily including the Wowing. Westside Infiil Transit Oriented Development Estimated Cost $21,000,000 ArcMecture/EngineadngNesign (A)ED) Status: 60% Construction Start - End: 2012 01— 2014 01 Obligations: CEGA, Exclusive Negotiating Agreement (ENA), Land Acquisition, DDA (proposed Council approval on March e) The City has been working on this family affordable housing project for over We years. The project Is scheduled to be built in two phases. There will be 98 units for Phase I and 103 units for Phase II. The project went through program and project level CEQA review as part of the Westside Specific Plan which was adopted by the City Council in in 2010. After earning community support and environmental clearance the City Issued a RFQ to recruit a development partner. Related Companies of California was selected an the City entered Into an ENA. Related and the City applied for a Prop 1C gram through the State Department of Housing and Community Development as was awarded $112 million. The project has continued design development and the City is currently is escrow to acquire the final parcel of land necessary to make site fully assembled. Escrow with the Illes Family Trust Is scheduled to close March 17, 2011. e Streat Smart Growth Grant Match Phase I and II Estimated Cost $1,800,000 Architeatureftinewng0esign (ASD) Status: 901. Construction Start - End: 2011 Q3— 2012 Q3 Obfigations• CEQA, Grant The City adopted the Downtown Specific Plan In 2006. The plan proposed smart growth development In the historic downtown of National City centered at the Intersection of National City Boulevard and eth Street. To implement the plan the City applied to SANDAG for a smart growth grant and received the highest score and maximum distribution of $2 million dollars. The city is required to match that grant with at least $500k in tax Increment. The improvements are fully entitled and 90% designed. All of that construction will start this year in September. Coolidge Corridor I Estimated Cost $200.000 Arctu7ecture/Eugineeft Design (A/EX)) Status. 70% Construction Start - End: 201104 — 2012 03 Obilgations: CEQA, Grant The City received a safe route to school grant for $720k that required a city match of $2Wk. Construction documents are being prepared for the project which will provide pedestrian and safety enhancements around Kimball Elementary. Gateway Project-Sudberry Estimated Cost $2,500,000 Exhibit A P4 ArchbecturelI50neervigiDesign (AeD) Status:100% ConsfucBon Start - End. 2012 01— 2013 01 Oblgations: Bile control. Co-op, DDA (proposed Council approval on March 89) This project is a 20 acre regional commercial center that Is anchored by a Lowe's home improvement store. The City is contributing land and providing $2 6 million worth of oft-slte improvements for project. DDA has been drafted. Permits and final approvals are pending funding. D Avenue Community Corridor 1 Estimated Cost $125,000 Arctrdecture EnginesrkV4)esfgn (AW) Status: 80% Construction Start - End 2012 03 — 2013 Q2 Obtaf om CEQA, Grant D Ave has been kientiBed as a community corridor which provides plans to improve the street with traffic, pedestrian, bicycle, and safety Improvements. The city received a safe route to school grant of $500k for the kdereecdon of 12'h and D Ave. The local match requirement Is $125k funded by tax increment Aquatic Center Estimated Cost $3,300,00D ArchRecturarIE ineeft0esign (A/EM) Status:100% Construction Start - End: 2012 Qt — 2013 02 Obligations: CEQA, Permits This project Is fully entitled, designed, and permitted. Tax increment was Identified as a funding source, The facility is intended to provide boat and kayak access to the Sari Diego Bay from a site adjacent to Ore National City boat launch. Currently the city Is in partnership with the South Bay YMCA to operate a recreational program out of temporary facilities. Las Palmas Park Facilities Plan I Estimated Cost $6,500,000 Archsecture/Ertykmethro0 sign (A/E/D) Status: 30% Construction Start - End: 2012 03 — 2013 04 Obtigationx Facility Plan, General Plan Update Las Palmas Park is the location of the public swimming pool, Camacho Gymnasium, and additional recreational facilities. The pool was recently rebuilt with grant funds and Impact fees. There wasn't enough funding to complete the facility and the locker room and other public facilities are in poor condition. There are conceptual plans to upgrade those facilities. The adjacent Camacho Gym is also in disrepair and has been on the City CIP list as a need without an identified funding source. Through the General Plan Update a concept plan was created for the entire park, including the golf course, that envisions new facilities and better access. Phase 1 of that plan would include all of the Improvements that would occur on racy controlled land. Phase 2 estimates costs assume the acquisition of the long term lease to American Golf for operating the municipal golf course. Exhibit A PART 11. Description of Any Private Use of Project A. Describe each use to be made of the Project by any private person or entity (that is, any entity other than (1) the Issuer, (ii) other non-federal governmental entities, or (rii) members of the public generally). For this purpose, 'use' includes, without limitation, sales, leases or other use agreements with respect to the Project with private, nongovernmental entities. °Use" of the Project does not include uses by members of the general public within the meaning of §1.141- 30 of the Treasury Regulations (the'Regulations'). None. 6, Payments to be made on or after date hereof in respect of above uses. None. Exhibit A P6 EXHIBIT A (continued) PART III. Schedule of Expect Expenditures esnditures of Proceeds of the Bonds List all reasonably expected expenditures of the Bond proceeds deposited in the Project Fund (Including earnings thereon to the extent those earnings remain on deposit in the Project Fund). Dates may be shown as monthly or quarterty dates. All Bond proceeds should be expected to be spent within 3 years after the date the Bonds are issued. Famenditure Date Expenditure Amount 201102 $150.000 2011 Q3 $500,000 201104 $850,000 2012 Qi $1,700,000 201202 $2,250,000 201203 $4,950,000 201204 $5,525,000 i 2013 Q1 $6,500,000 201302 $5,000,000 2013 Q3 $4 000 000 .201304 $3,000,000 2014 Q1 $1,000,000 2014 Q2 2014 Q3 2014 Q4 I I 10181: $35,425,000 Exhibit A 01 EXHIBIT B POST ISSUANCE COMPLIANCE General The Issuer will take all appropriate action to assure that () no use of the proceeds of the Bonds, and no other event or action, will cause the Bonds to violate federal income tax limitations with respect to the exclusion of interest on the Bonds from federal income taxation, and (ii) all uses of proceeds of the Bonds comply with State and local legal requirements regarding the valid incurrence of debt and permitted uses of proceeds of the Bonds. Without limiting the generality of the foregoing, the Issuer will take the following actions to account for and monitor (1) the expenditure and investment of Bond proceeds, (0) the use of the Project financed with the proceeds of the Bonds, and (ifr) any changes in the underlying structure of the Bond financing. Non -governmental Uses of the Bond -Financed Facilities 1. Monitor and document sales, leases or other use agreements with respect to the Project with nongovernmental entities, not Including uses by members of the general public within the meaning of §1.141-3(c) of the Regulations. Compute the percent of private business use or private payments or private security with respect to those nongovernmental uses. 2. Monitor and document management contracts (see e.g., Rev. Proc. 97-13) with nongovernmental entities. 3. Monitor and document other special legal entitlements with respect to the Bond - financed property (e.g., licenses, use agreements, easements, etc.). Allocation of Bond Proceeds to Expenditures 1. Allocate proceeds of Bonds to expenditures subject to §1.148-6(d) and §1.141-6(a) of the Regulations by 18 months after the later of the date the expenditure was made or the date the project was placed in service, but not later than the earlier of 5 years after the Bonds were Issued or 60 days after the Issue is retired. Document this allocation. 2. Monitor and document reimbursement of expenditures paid from non -Bond proceeds prior to the date of issue of the Bonds and verify compliance with §1.150-2 of the Regulations. Arbitrage 1. Kira a rebate calculation agent or perform rebate calculations internally. 2. Rebate payments: Exhibit B P8 a. The first installment is due 60 days after the end of 5th bond year. b. Succeeding installments are due 60 days after end of every 5th bond year thereafter. c. The final instalment is due 60 days after retirement of the last bond of the Issue. 3. Monitor expenditures of Bond proceeds for qualfcation for rebate expenditure exceptions: 6-month exception, 18-month exception or 24-month exception. 4. Monitor expenditures of Bond proceeds against date of issuance expectations regarding 3-year or 5-year temporary periods and 5-year hedge bond limitations. Record Retention 1. Retain records of all accounting and monitoring the Issuer carries out with respect to the Bonds for at least 3 years after the Bonds mature or are redeemed (whichever is earner); however, if the Bonds are redeemed and refunded, the Issuer will retain its records of accounting and monitoring at least 3 years after the earlier of the maturity or redemption of the bonds which refunded the Bonds. 2. Maintain special records required by the safe harbor for investment contracts or defeasance escrows under §1.148.5 of the Regulations. 3. Maintain a record of the identification on the Issuer's books and records of any "qualified hedge contract under §1.148-4(h)(2)(AH) and §1.148-11A(i)(3) of the Regulations. 4. Maintain a record of any election not to take depreciation on property required to be owned by a governmental unit which is leased to a nongovernmental entity as required by §1.103(n)-2T Q/A7 of the Regulations. 5. Maintain records of amounting for rebate for a period of at least 3 years after the earlier of the maturity or redemption of the Bonds. Reissuance A significant modification of the Bond documents may result in the Bonds being deemed refunded or. "reissued°. Such an event will require, among other things, the fling of new information returns with the Ward government and the exceution of a new arbitrage certificate. Qualified Bond counsel should be consulted in the event of modification of the Bond documents. Exhibit B FIVE YEAR IMPLEMENTATION PLAN COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ROPS 14-15B January 1- June 30, 2015 Exhibit "B" I�IRSG INTELLIGENT COMMUNITY DEVELOPMENT NATIONAL CITY REDEVELOPMENT PROJECT AREA Five Year Implementation Plan 2004-05 through 2008-09 ABOUT THIS IMPLEMENTATION PLAN In fulfillment of Article 16.5 of California Community Redevelopment Law, the Community Development Commission of the City of National City ("Commission") has prepared this Implementation Plan for the National City Redevelopment Project Area ("Implementation Plan"). Included in this document are the Commission's anticipated redevelopment and affordable housing program for 2004-05 through 2013-14. The Implementation Plan document conforms to the National City General Plan and has been prepared according to guidelines established in the programs and goals outlined in the Housing Element of the General Plan. About this Implementation Plan.................................................................................. I Contents.................................................................................................................. 1 Aboutthe Project Area.................................................................................................2 Recent Accomplishments............................................................................................3 Revenue Projections....................................................................................................3 Redevelopment Strategy..............................................................................................4 RedevelopmentPlan Goals..........................................................................................6 Proposed Redevelopment Program............................................................................7 Downtown District Programs....................................................................................7 Filipino Village District Programs.............................................................................. 9 Harbor District Programs........................................................................................ 10 Highland Avenue District Programs........................................................................ 13 Other Project Area Programs.................................................................................. 15 Housing Projects and Programs............................................................................. 16 Housing Program Compliance Objectives................................................................17 HousingProduction................................................................................................ 17 ReplacementHousing............................................................................................20 Expenditures by Household Types......................................................................... 20 Page 1 P2 ABOUT THE PROJECT AREA The Community Development Commission of the City of National City was formed in 1969 to iaciiitate redevelopment activities in the city. Between November 1969 and December 1981, the Commission established redevelopment districts in several parts of the City. In 1995, the Commission adopted the Harbor District redevelopment project area to expanded redevelopment activities predominantly in lands adjacent to the maritime facilities owned by the San Diego Unified Port District. As part of the Harbor District project area adoption, the Commission merged all six projects into one National City Redevelopment Project Area ("Project Area'). Combined, the component areas of the merged Project Area cover 2,080 acres, including most of City west of Interstate 805. Over the past 35 years, the Commission has funded the following initiatives to improve conditions in the Project Area: Public Improvements: The elimination or amelioration of infrastructure deficiency Programs, Highway Landscaping Projects, Projects. NATIONAL CITY REDEVELOPMENT PROJECT AREA 70 Five Year Implementation Plan 2004-05 through 2008-09 1rr MFmJW1 Ann lenntlnq a ow ea r w•. through the implementation of Code Enforcement and Curb, Gutter, Sidewalk and ADA Accessibility Economic Development: The establishment of the National City Mile of Cars along with commercial center and industrial park development. Community Revitalization: The promotion and expansion of social capital through the development of the housing facilities. Notable Timeframes What is There? Who is There? Redevelopment Plan Adopted 1995 2,0a0 Acres 36,362 Residents Expires 2040 I LAND usE Q1B" IXMr �r' mAl w \, ErHNCITl6 I Bluk� IXlier wel Implementation Plan 2004.06 to 2008-09 Housing Compliance Plan 2004-06 (For affordable housing to 2013-14 program planning) Page 2 p3 NATIONAL CITY REDEVELOPMENT PROJECT AREA Five Year Implementation Plan 2004-05through 2008-09 RECENT AC In the last five years, the Commission has championed many successful projects and programs in the Project Area: • Completion of the National City Fire Station and Police Department; • Completion of new City Library; • Education Village; • Downtown Specific Plan; • Facilitating the creation of the Downtown Business Improvement District and Merchants Association; • Harbor District Specific Area Plan; • Highland Avenue Streetscape Master Plan; • Filipino Village Master Plan; • Dredging of National City Marina; • Establishment of a State Enterprise Zone in the Harbor District; • Completion of Wal-Mart retail store at Plaza Boulevard and Highland Avenue; and • Streetscape Improvements along portions of Civic Center Drive and National City Boulevard. REVENUE PROJECTIONS The Commission is using redevelopment along with other financing tools and partnerships to facilitate enhancement of the Project Area as a whole. Because most projects are in the pre -development and design phase, final costs to generate 5-year expense projections are unknown for most projects. The Commission has approximately $9.4 million in cash assets on hand at the end of the 2003-2004 fiscal year. It is estimated the Commission will receive $9.2 million in gross tax revenue, during the 2004-05 fiscal year, of which $1.8 million is set -aside for affordable housing activities. The total costs associated with implementation of the National City Redevelopment Plan are estimated to be $19.3 million balanced against $21.5 million in revenue and remaining bond proceeds for the 2004- 2005 fiscal year.' Over the next 5-year planning cycle (2004-05 to 2008-09) it is estimated the Commission will received $50.2 million in total property tax increment revenue for the Project Area of this at least $10.5 million is projected to be set -aside for affordable housing activities. 1 Revenue are subject to change, and completion of these projects may require future action by the Commission. Page 3 P4 NATIONAL CITY REDEVELOPMENT PROJECT AREA Five Year Implementation Plan 2004-05 through 2008-09 REDEVELOPMENT STRATEGY The redevelopment strategy for the Project Area is four -pronged: focus on keeping businesses and jobs to the area, creating and improving the public facilities in the area, and improving the community's supply of affordable, quality housing Jobs and Options for the Area. Capitalizing on the employment opportunities in the industrial portions of the area and the proximity and potential work force in the residential neighborhood. This strategy emphasizes business attraction, including office and retail, as well as assistance in the expansion and development of employment opportunities in the area. Public and private investments will be encouraged to promote new development in the area while helping enhance existing businesses. Deliver "First -Rate" Public Facilities. This strategy seeks to make public infrastructure and facility improvements in the area, which is critical towards attracting new development to the area and improving the quality of life for existing residents, businesses and property owners. Projects may include recreational facilities, landscape beautification, improved pedestrian, bicycle and vehicular circulation, and the installation of other needed improvements to help stimulate development. Quality InFlll Development. The Agency will explore the opportunity for new mixed -use residential development along the commercial corridors. This will allow the Commission to provide additional affordable dwelling units while improving the residential consumer base that supports commercial development. Improve Existing Housing Stock. Rehabilitate and improve the existing housing stock for all income levels, and assist with the relocation of incompatible housing uses through innovative Programs and neighborhood initiatives. Page 4 NATIONAL CITY REDEVELOPMENT PROJECT AREA Five Year Implementation Plan 2004-05 through 2008-09 REDEVELOPMENT PLAN GOALS Adopted in 1995, the Redevelopment Plan establishes a variety of goals for redevelopment of the Project Area; these goals frame the near term redevelopment objectives for the Implementation Plan period. The Redevelopment Plan goals are listed below: Housing for All Families: Increase, improve, and preserve the community's supply of housing affordable very low, low and moderate income households as well as promote the ""` rehabilitation of existing housing stock where appropriate. Encourage Investment: Remove impediments to land disposition and development through * the assembly of property into reasonably sized and shaped parcels served by improved INVEST infrastructure and public facilities. Fulfill the Vision: Unify portions of the Project Area to facilitate the reuse and redevelopment of these areas as envisioned by the by the Specific Plans for the Core HELP Districts and the National City General Plan. Champion Participation in the Process: Cooperation of residents, businesses, business persons, public agencies, and community organizations is essential in the cEow redevelopment/revitalization of the Project Area. Implement design and use standards to assure high aesthetic and environmental quality, and provide unity and integrity to developments within the Project Area. Eliminate Deteriorating Conditions: Elimination and prevention of blighting conditions within the Project Area including: underutilized properties and deteriorating buildings, incompatible and uneconomic land uses, deficient infrastructure and facilities, obsolete CLEAN structures, and other economic deficiencies in order to create a more favorable environment for commercial, office, industrial, residential, and recreational development. Assembly of land Within the Project Area in support of rehabilitation or modern, integrated development will be required to accomplish this. Recycle and/or develop underutilized parcels to accommodate higher and better economic uses while enhancing the City's financial resources. This includes addressing parcels of property that are: of irregular form and shape, are inadequately sized for proper usefulness and development, and/or are held in multiple ownership. Expand Commercial Base of Project Area: The retention and expansion of as many existing businesses as feasible by means of redevelopment. This will facilitate increased otiov sales tax revenue, business license revenue and other fee, tax, and miscellaneous revenues to National City. Page 5 P6 NATIONAL CITY REDEVELOPMENT PROJECT AREA Five Year Implementation Plan 2004-05 through 2008-08 Provide First Class Infrastructure: Improvcment and, where appropriate, expansion of public facilities including, but not limited to: street, storm drainage, sewer, and utility systems in the Project Area. ACCUS Promote Local Job Opportunities: Creation and development of new business and employment opportunities as well as retention of existing businesses where feasible. WONR Page 6 NATIONAL CITY REDEVELOPMENT PROJECT AREA Five Year Implementation Plan 2004-05through 2008-09 I:7�17=V141[•]7',j4ZiaJ:Talc]J-,Id1 The Project Area is comprised of four (4) core districts ("Districts") within the seven constituent areas: • Downtown District • Filipino Village District • Harbor District • Highland Avenue District Over the next five years, the Commission plans to implement the following redevelopment projects and programs. The list below describes the projects proposed, what blighting conditions would be eliminated, approximate costs and the Redevelopment Plan goals that would be achieved. Downtown District Programs The Commission has completed a Downtown Specific Plan for the Downtown District in an effort to revitalize this area through the implementation of streetscape improvements and high density mixed -use zones creating a pedestrian mobile live/work environment. The Commission's proposed implementation projects for the Downtown District over the five-year planning period target these conditions and include the following projects and programs. The Commission Board has approved an exclusive negotiating agreement ("ENA") with ARE Holdings, LLC to develop a mixed -use, ground floor retail project with over 200 for sale condominiums. This project is located across the street (11th Street) from the National City Partners site and will help establish the critical mass of residential needed to support local retailers. This project will eliminate factors hindering economically viable uses and unsafe and unhealthy buildings. Year(s):................................................... 2004-05 through 2007-08 Cost Estimate j Achieved $1,875,000 6 SxoP INVEST P8 Page 7 NATIONAL CITY REDEVELOPMENT PROJECT AREA Five Year Implementation Plan 2004-05 through 2008-09 Pro)ecFJProgrann Description Preliminary Goofs Cost%4)mats Achieved Trophy Lounge $400,000 Commission has entered into a DDA with owner of existing sitp m convert a night dub into a Quality ,-estaurant venue. This project will serve local clientele as well as the estimated 5,000 students across the street (National City Blvd.) at the Education Village. This project will eliminate factors hindering economically viable uses 5' and unsafe and unhealthy buildings. 'I SAW Year(s):................................................... 2004-05 through 2007-08 iff INY[ET Business Opportunity Programs $1,000,000 Commission business opportunity programs include a variety of business development initiatives such as participation in the South County Economic Development Council, San Diego Revolving Loan rROW Fund, and San Diego Capital Collaborative, as well as market analysis for business development. This project will eliminate: factors hindering economically viable INVEST uses. Year(s):................................................... 2004-05 through 2007-08 Total Preliminary Cost Estimate $3,275,000 Page 8 ;,n NATIONAL C1 Five Year Implementation Plan 2004-05 through 2008-09 Filipino Village District Programs Filipino Village is a Commission effort to design a model ethnic District for the Filipino community along Plaza Blvd. The Commission seeks to improve the Plaza Blvd corridor with proper sidewalks, landscaping, architecture and artwork. The goal for Filipino Village is to provide an important cultural resource to the community and serve as a catalyst for business attraction and public/private investment. The Commission's proposed implementation projects for the Filipino Village District over the five-year planning period target these conditions and include the following projects and programs. Project/Program Description Preliminary Goals Cost Estimate Achieved Streetscape Improvements $300,000 Completion of improvements in the public right-of-way along Plaza Boulevard from Interstate 5 to Highland Avenue. 77�� GROW This project will eliminate factors hindering economically viable uses and inadequate public infrastructure. HELP Year(s):................................................... 2004-05 through 2007-08 Ha Penny Inn $2,700,000 This project will convert a hotel to affordabletsenior residential uses. iff This project will eliminate factors hindering economically viable uses INVEST as well as unsafe and unhealthy buildings. ,Ey Year(s):................................................... 2004-05 through 2007-08�1[ll�r CLEAN Business Improvement District $700,000 Establishment of a Filipino Business Improvement District along Plaza Boulevard. 6ROW This project will eliminate factors hindering economically viable uses and incompatible uses. Year(s):................................................... 2004-05 through 2007-08 INVEST Thrifty Oil Company $4,000,000 Redevelopment of the Day's Inn Motel property on Plaza Boulevard to include residential/retail mixed -use development. INYEST This project will eliminate factors hindering economically viable uses, unsafe and unhealthy buildings, incompatible uses and environmental remediation. CLEAN Year(s):................................................... 2004-05 through 2007-08 Total Preliminary Cost Estimate $7,700,000 Page 9 P10 NATIONAL CITY REDEVELOPMENT PROJECT AREA Five Year Implementation Plan 2004-05 through 2008-09 Harbor District Programs The Commission is undertaking a multifaceted renovation of the Harbor District area to develop the marina area and surrounding properties, while performing environmental remediation. The Commission's proposed implementation projects for the Harbor District over the five-year planning period target these conditions and include the following projects and programs. Cost Estimate Achieved Marina Gateway — Ace Metals $275,000 The Commission is in negotiations with Marina Gateway Development Company for a commercial project on the former Ace Metals site on West 23rd Street. 9%Op This project will eliminate factors hindering economically viable uses, unsafe and unhealthy buildings and incompatible uses. caEAN Year(s):................................................... 2004-05 through 2007-08 Harbor District Master Plan $125,000 This plan will guide development and public improvements from 22nd Street to Civic Center. INVEST This project will eliminate factors hindering economically viable uses, unsafe and unhealthy buildings, incompatible uses and environmental remediation. CLEAN Year(s):................................................... 2004-05 through 2007-08 The Brownfield Project seeks to address environmental issues, while T protecting business and job retention in the Harbor District. Specific Brownfield Projects includes demolishing and performing INVEST remediation on 2501 Cleveland Avenue, and performing remediation and marketing 720 and 830 W. 23rd Street, 835 and 839 Bay Marina Drive as well as 2300 Cleveland Avenue for Commercial CLEAN development. These projects will eliminate factors hindering economically viable uses, unsafe and unhealthy buildings and environmental remediation. Eear(s):................................................... 2004-05 through 2007-08 Page 10 NATIONAL CITY REDEVELOPMENT PROJECT AREA Five Year Implementation Plan 2004-05through 2008-09 ProjectfProgram Description _ Preliminary Goals Cost Estimate Achieved _._. Marina Gateway Hotel � $100,000 Development of the Sycuan Indian Tribe for a commercial/tourist i development for Commission owned property located at 2500 block of Cleveland Avenue; 'MOP This project will eliminate factors hindering economically viable uses. Year(s):................................................... 2004-05 through 2007-08 WORK Olson Company $300,000 A development agreement has been reached for the re -use of 40 live/work townhomes. This project will involved the remediation of toxins in the soil. LWE This project will eliminate factors hindering economically viable uses, 9 unsafe and unhealthy buildings and environmental remediation. CLEAN Year(s):................................................... 2004-05 through 2007-08 Train Depot $100,000 Built in 1882 the train depot is a historic building that will need to bear incorporated into future commercial development around the marina. NSLP This project will eliminate factors hindering economically viable uses. Year(s):................................................... 2004-05 through 2006-07 YMCA -Aquatic Center $1,500,000 A project in conjunction with the YMCA, Port District of San Diego, and the County of San Diego to develop an aquatic recreational facility. ACCESS This project will eliminate factors hindering inadequate public 9 infrastructure. INVEST Year(s):................................................... 2004-05 through 2007-08 Page 11 P12 NATIONAL CITY REDEVELOPMENT PROJECT AREA Five Year Implementation Plan 2004-05 through 2008-09 rProjeVProgram Description Preliminary Goals Cost Estimate - Achleved PSI/BNSF Property Acquisition $9,000,000 The Commission intends to acquire adjoining Pacific Steel, Inc. and Burlington Northern Santa Fe properties to facilitate the relocation of the National City Public Works Yard from Hoover Avenue and 22nd i CLEAY Street. This project will eliminate factors hindering inadequate public infrastructure. WORK Year(s):................................................... 2004-05 through 2007-08 Other Harbor District Projects $1,500,000 The CDC will pursue additional projects in the Harbor District, including: AceESE Complete Bay Marina Drive (formerly 24th Street) road widening project enhancing the gateway entrance into the Harbor District; • Re -vegetate the North fill bank of Paradise Marsh, part of the INVEST Sweetwater Marsh Wildlife Refuge; • Complete Marina developments, which includes: 175 room hotel CLEAN rooms, 250 boat slips and the Pier 31 area. These projects will eliminate factors hindering inadequate public infrastructure and environmental remediation. Year(s):................................................... 2004-05 through 2007-08 Total Preliminary Cost Estimate $93,040,000 Page 12 NATIONAL CITY REDEVELOPMENT PROJECT AREA Five Year Implementation Plan 2004-05 through 2008-09 Highland Avenue District Programs To lead revitalization efforts along Highland Avenue the Commission has prepared the Highland Avenue Master Plan to facilitate streetscape improvements such as medians, widening of sidewalks, traffic calming measures and brand identification for sections of the district. . The Commission's proposed implementation projects for the Highland District over the five-year planning period target these conditions and includes the following project: Project/Program Description Preliminary I Goals Cost Estimate Achieved Purple Cow $400,000 The Commission Board has approved a DDA for the development of 16 single-family homes of which, 2 will be made available to moderate -income households using Commission shared -equity LIVE loans for these 2 units. IV This project will eliminate: factors hindering economically viable uses HELP and unsafe and unhealthy buildings. Year(s):................................................... 2004-05 through 2007-08 Highland Avenue Master Plan and Improvement District This plan will guide streetscape improvements along Highland $2.500,000 Avenue. A Public Improvement District will be evaluated for the maintenance of streetscape improvements. INVEST This project will eliminate factors hindering economically viable uses and inadequate public infrastructure. CLEAN Year(s):................................................... 2004-05 through 2007-08 Senior Village Project $200,000 Commission has retained a consultant to prepare a concept plan for d the development of a mixed -use senior housing project adjacent to Kimble and Morgan Towers. A portion of the nearly 600 units will be `IV`` income restricted. A This project will eliminate factors hindering economically viable uses, s�oP unsafe and unhealthy buildings and inadequate public infrastructure. Year(s):................................................... 2004-05 through 2007-08 Page 13 P14 NATIONAL CITY REDEVELOPMENT PROJECT AREA Five Year Implementation Plan 2004-05 through 2008-09 ProjectfProgram Description — Pretiminary GaeSst Cost Estimate Achieved Mixed -Use infill Opportunities $2,000,000 Commission participation may be necessary to facilitate mixed -use development along Highland Avenue. I UVE This project will eliminate factors hindering economically viable uses and incompatible uses. Year(s):................................................... 200405 through 2007-08 sxoP Bay Canyon Development $1,100,000 Initiate owner participation process to develop 47 condominiums at the northeast comer of 30th Street and A Avenue. 8 of the units will be set -aside for moderate income households and financed with a "VE Commission loan that is convertible to shared equity for owners of the 8 units. or This project will eliminate: factors hindering economically viable uses xr.P and unsafe and unhealthy buildings. Year(s):................................................... 2004-05 through 2007-08 Total Preliminary Cost Estimate $6,200,000 Page 14 NATIONAL CITY REDEVELOPMENT PROJECT AREA Five Year Implementation Plan 2004-05through 2008-09 Other Project Area Programs The following is a list projects outside of the four core Districts, but within the Project Area: Project/program Description Preliminary Goals Cost Estimate Achieved Commission Arts Center $1,600,000 The Commission intends for the Arts Center to promote cultural awareness in the South Bay region through the support of art programs. INVEST This project will eliminate factors hindering inadequate public infrastructure. ENow Year(s):................................................... 2004-05 through 2007-08 Westside Specific Plan $100,000 The Westside Specific Plan will promote residential development y� activities in this former industrial area. �( LIVE This project will eliminate factors hindering economically viable uses, unsafe and unhealthy buildings and incompatible industrial uses. Year(s):................................................... 2004-05 through 2007-08 �eeeu State Route 54 Commercial Corridor $75,000 Commission is preparing an feasibility analysis for the development of additional commercial development on the northside of the highway 54. Imp This project will eliminate: factors hindering economically viable uses and incompatible industrial uses. LIVE Year(s):................................................... 2004-05 through 2007-08 Fagade Improvement Program $2,500,000 Provide financial assistance to owners/tenants for exterior improvements to commercial buildings (Project Area wide), including storefronts, awnings, lighting, signage, code violations and INVEST handicapped accessibility. Completion of this project will improve unsafe or unhealthy buildings and eliminate factors that hinder economically viable use. Year(s):................................................... 2004-05 through 2007-08 Total Preliminary Cost Estimate $4,275,000 Page 15 P16 NATIONAL CITY REDEVELOPMENT PROJECT AREA Five Year Implementation Plan 2004-05 through 2008-09 Housing Projects and Programs Project/Program Description Preliminary Ccst Estimate Goals Achieved Residential Fagade Program $500,000 The Commission will administer a program that provides up to $20,000 per residential property to improve residential neighborhoods. LIVE This project will eliminate: factors hindering economically viable uses and unsafe and unhealthy buildings. Year(s):................................................... 2004-05 through 2007-08 Total Preliminary Cost Estimate $500,000 Page 16 NATIONAL CITY REDEVELOPMENT PROJECT AREA Five Year Implementation Plan 2004-05through 2008-09 HOUSING PROGRAM COMPLIANCE OBJECTIVES This section addresses specific requirements in state law with respect to prior affordable housing activities and the anticipated housing program in the future. Redevelopment agencies use implementation plans to establish 10-year objectives to achieve compliance with state law regarding their affordable housing programs. These housing objectives generally fall into three categories: Housing Production — based on the number of housing units constructed or substantially rehabilitated over a 10-year period, a redevelopment agency is to ensure that a percentage of these units are affordable to very -low, low- and moderate- income households. These requirements only apply to project areas established on or after January 1, 1976, so two component areas of the Project Area (E.J. Christman 1 Area and the South Bay Town and Country Area) are exempt from these requirements. Replacement Housing — redevelopment agencies must ensure that any housing units destroyed or removed as a result of redevelopment project are replaced within four years. With respect to the pre- 1976 component areas (E.J. Christman 1 Area and South Bay Town and Country Area), these requirements took effect after January 1 1996. Targeting Household Types — identify the amount of housing set -aside funds the redevelopment agency will allocate during the 10-year period on increasing and improving the supply of housing affordable to very low income households and low income households, and housing for residents under the age of 65. The housing program objectives the Commission will implement during the next ten years are described below. Housing Production To estimate the number of housing units that need to be affordable to low- and moderate - households, the Commission estimated the total number units to be constructed or substantially rehabilitated in the Project Area and applied mandates established by the Redevelopment Law. The chart on the following page summarizes the production goals over various time periods as required by Redevelopment Law. The number of required affordable housing units is based upon statutory thresholds, and the Commission is responsible for ensuring that the appropriate number of affordable units is created during the 10-year planning period. The Commission will also be exploring additional inclusionary housing opportunities for achieving balanced residential communities when the City's housing element is updated. Page 17 P18 NATIONAL CITY REDEVELOPMENT PROJECT AREA Five Year Implementation Plan 2004-05 through 2008-09 Actual and Projected Housing Production Needs by Time Period Time Period Actual/Assumed Housing Units Required I Constructed and Substantially Affordable Units /2 Rehabilitated in Project Area /1 Total Very Low Prior to 2004-05 1,588 238 95 10 Yearforecast` 800 120 48 2004-05to 2008-09 51-1 77 39 200940 to 2013-14 289 43 17 Redevelopment Plan Duration 2,388 358 143 (1976 to 2040) Notes: 1/ Exclusive of E.J. Christman 1 Area and South Bay Town and Country Area, which are exempt from production housing needs. 2/ All required units based on 15 percent of actual/assumed units developed by entities other than Agency. (Production requirement for units developed by Agency is 30 percent). As shown in the above table, the Agency anticipates a need for 120 affordable units (including 48 very low-income units) to fulfill its production goals for the ten year period, and 358 affordable units (including 143 very low-income units) over the duration of the Redevelopment Plan. Fulfillment of these productions goals is shown on the table below. Page 18 NATIONAL CITY REDEVELOPMENT PROJECT AREA Five Year Implementation Plan 2004-05through 2008-09 Fulfillment of Affordable Housing Production Requirements by Time Period Time Period Units Units Additional Net Surplus Required Produced Units Units /1 Required Produced (see previous table) Total VL Total VL Total VL Total VL Prior to 2004-05 238 88 75 75 163 13 0 0 South Bay Manor 75 75 Covenants Expiring: 954 453 Park Villa Point 268 27 McKinley Apartments 160 56 Kimball Senior Park 149 149 Paseo del Sol 132 0 Various Subst. Rehab /1 245 221 10 Year Forecast 120 48 0 0 283 61 0 0 Redevelopment Plan 358 143 75 75 283 61 0 0 Duration (1976 to 2040) 1/ Only the South Bay Manor project features affordability covenants that extend to the duration of the Redevelopment Plan. All other covenants expire during planning period, leaving the Commission a shortfall of production units by the end of fiscal year 2013- 14. Taking into account the 75 very low income units at South Bay Manor, the Commission would need another 163 low and moderate income units, including 13 very low income units. As shown in the table above, the Commission has produced a substantial amount of affordable housing and currently exceeds requirements for affordable housing production. Unfortunately, the covenants that protect the income status of all nearly all of these (except for 75 very low income units at the South Bay Manor project) units will expire at some time prior to the end of the current planning period on June 30, 2013. Therefore, the Commission is looking for purchase opportunities to re -secure these covenants including the possibly of extending covenants on existing income protected units. In addition, the Commission is partnering in the development of another 10 affordable for sale units during the upcoming 10-year planning period. Page 19 P20 NATIONAL CITY REDEVELOPMENT PROJECT AREA Five Year Implementation Plan 2004-05 through 2008-09 Replacement housing During the Implementation Plan period, the Commission does not anticipate that any Commission -assisted projects will result in the displacement or removal of housing units. CnncPnilenfly, fhe Commission Aocs nOt anticipate that arty hGiisiriy will need IO be replBCed at this tinge. As the beginning of the Implementation Plan period (on July 1, 2004), the Agency's low and moderate income housing fund had a balance of $4,060,9642 available. Over the five year period ending on June 30, 2009, staff conservatively estimates that the Project Area will generate approximately $10.5 million3 in 20 percent housing set -aside revenue. At a minimum, the Commission's low- and moderate- income housing set -aside revenue is to be expended in proportion to the community's need for very low- and low- income housing, as well as the proportion of the population under the age of 65. Based on statistics from the Regional Housing Needs Assessment, used by local government to meet state requirement for affordable housing by category, and 2000 Census statistics, the following minimum thresholds for housing program expenditures would be required over the tens of the Implementation Plan. Household Type Minimum Percentage of Housing Set -Aside Expenditures over Implementation Plan Very Low Income Households 15% Low Income Households 31% Households Under Age 65 89% Notes: Percentage of very low and low income household expenditures based upon City of National City's Regional Housing Needs Assessment in which 18 (15 percent) of the 318 affordable units in the City`s housing needs are applicable for very low-income households and 38 units (31 percent) are applicable for low income households. Percentage of expenditures for housing to households under the age of 65 based on 2000 Census population for the City, wherein 48,271 residents (89 percent) of the total population of 54,260 are under the age of 65. No more than 11 percent of Project Area housing set -aside funds may be expended on housing for households age 65 and older. 2 Source: 2003-04 Annual Report to State Department of Housing and Community Development 3 Source: RSG Page 20 NATIONAL CITY REDEVELOPMENT PROJECT AREA Five Year Implementation Plan 2004-05 through 2008-09 Housing Set -Aside Expenditures since January 2002. These proportionality requirements affect expenditures over a ten-year period, although the law permits the compliance initially for a period beginning in January 2002 and ending in December 2014. The chart below documents the amount of low- and moderate- income housing fund revenue used since January 2002 for these income categories: Housing Expenditures and Proportionali Since 2002-02 Income Category 2001-02 2002-03 2003-04 Period to Date Very Low Income $250 $0 $0 $250 (1%) Low Income $0 $0 $23,733 $23,733 (WN Moderate Income $0 $628 $3,490 $4,118 (15%) Total Expenditures $250 $628 $27,223 $28,101 (1Ono Family Units Assisted by Housing Set -Aside Fund. State law also requires a recap of the number of the projects assisted by the housing set -aside fund over the past Implementation Plan period divided by family projects (open to all age groups) and senior projects (restricted to residents age 65 and older). The chart below summarizes these statistics by project from 2001-02 (the fiscal year during which proportionality requirements took effect) through 2003-04. Project/Location Housing Units Assisted by Housing Set -Aside Set -Aside Fund Expenditures (2001-02 through 2003 04 Ext. Very Low Mod. Tot. Low Low Family Projects $27,851 0 0 5 2 7 (99%) Purple Cow $4,118 0 0 0 2 2 Fig Court $23,733 0 0 5 0 5 Senior Projects $250 0 149 —0 —0 149 Kimball $250 0 149 0 0 149 Totals $28,101 0 149 5 2 156 Page 21 P22 NATIONAL CITY REDEVELOPMENT PROJECT AREA Five Year Implementation Plan 2004-05 through 2008-09 Housing Units Constructed During Prior Implementation Plan Without Housing Set - Aside Funds. Since January 2000, no other funding source was used by the Commission to construct affordable units featuring long term covenant restricted units (affordable units with covenants of at least 45 years for ownership housing or 55 years for rental housing). Page 22 Community Development Commission of National City Community Development Commission of the City of National City 140 East 12th, Suite B National City, California 91950-3312 (619)336-4250 Adopted: w _m _ _ P24 ROPS 14-15B January 1-June 30, 2015 Exhibit "C FIVE YEAR IMPLEMENTATION PLAN 2010-2014 NATIONAL CITY REDEVELOPMENT PROJECT COmmuN", DEVELOPMENT COMMISSION CITY OF NATIONAL CITY Exhibit A City Redevelopment Project Area I[:3 Project Area Boundary 0 0.26 n.s 1 Mae f n, National City Redevelopment Project Five Year Implementation Plan 2010-2014 ABOUT THIS IMPLEMENTATION PLAN In fulfillment of Article 16.5 of California Community Redevelopment Law, the Community Development Commission of the City of National City ("Commission") has prepared this Implementation Plan for the National City Redevelopment Project Area ("Implementation Plan"). Included in this document are the Commission's anticipated redevelopment and affordable housing program. The Implementation Plan conforms to the National City General Plan and has been prepared according to guidelines established in the programs and goals outlined in the Housing Element of the General Plan. Contents About this Implementation Plan......................................................................................1 theProject Area................................................................................................................. 2 RecentAccomplishments................................................................................................ 2 RevenueProjections.........................................................................................................3 RedevelopmentStrategy.................................................................................................. 3 Redevelopment Plan Goals..............................................................................................4 Proposed Redevelopment Program................................................................................5 Tier 1 Projects/Programs.............................................................................................. 5 Tier 2 and Tier 3 Projects/Programs............................................................................ 6 Housing Program Compliance Objectives 10 HousingProduction....................................................................................................10 ReplacementHousing................................................................................................12 Expenditures by Household Types.............................................................................12 Adopted 3/222011 Page 1 P2 National City Redevelopment Project THE PROJECT AREA Hire Year Implementation Plan 2010-2014 The Community Devclopment Commission of the City of National City was formed in 1969 to facilitate redevelopment activities in the City. Between. November 1969 and December 1981, the Commission established redevelopment districts in several parts of the City. In 1995, the Commission adopted the Harbor District redevelopment project area to expanded redevelopment activities predominantly in lands adjacent to the maritime facilities owned by the San Diego un `led Pot District. As part of the Harbor District project area adoption, the Commission merged all six projects into one Redevelopment Project Area ('Project Area') as illustrated in Exhibit A. Combined, the component areas of the merged Project Area cover 2,080 acres, including most of the City west of Interstate 805. The Redevelopment Plan expires in 2040. Over the past 42 years, the Commission has funded the following initiatives to improve conditions in the Project Area: Public Improvements: The elimination or amelioration of infrastructure deficiency through the implementation of Code Enforcement Programs, Highway Landscaping Projects, and Curb, Gutter, Sidewalk and ADA Accessibility Projects. Economic Development: The establishment of the National City Mile of Cars along with commercial center and industrial park development. Community Revitalization: The promotion and expansion of social capital through the development of the housing facilities. RECENT ACC "! UIRV MT' In the last five years, the Commission has championed many successful projects and programs in the Project Area, including: Completion of Fire Station No. 34; Completion of the new City Library; ® Completion of the Cultural Arts Center, ® Completion of Education Village; Adoption of the Downtown Specific Plan; Adoption of the Westside Specific Plan; Completion of Pier 32 Marina; ill Completion of Marina Gateway hotel and restaurant; Establishment of the San Diego Regional Enterprise Zone; Adopted 312912011 Page 2 National City Redevelopment Project Five Year Implementation Plan 2010-2014 • Completed an 80—unit senior complex, known as Plaza City Apartments; • Completed three single family "For Sale" units on Sheryl Lane; • Completed National City Boulevard streetscape improvements from Division Street to le Street; • Completed Morgan Square public plaza at National City Boulevard and 9th Street. REVENUE PROJECTIONS The Commission is using redevelopment along with other financing tools and partnerships to facilitate enhancement of the Project Area as a whole. Because most projects are in the pre -development and design phase, final costs to generate 5-year expense projections are unknown for most projects. The Commission had approximately $15,645,135 in cash assets on hand at the end of the 2009-2010 fiscal year. It is estimated that the Commission will receive approximately $14,303,754 in gross tax revenue, during the 2010-11 fiscal year, of which $3,027,542 will be set -aside for affordable housing activities. The total costs associated with the Implementation Plan (Tier 1) are estimated to be $46.4 million balanced against $55.4 million in revenue and remaining bond proceeds for the 2010-2011 fiscal year. Over the next five-year planning cycle (2009-10 to 2013-14) approximately twenty percent of total property tax increment revenue for the Project Area will be set -aside for affordable housing activities. The redevelopment strategy for the Project Area is four -pronged: retain and attract businesses and jobs, improve public facilities; encourage infill development, and increase the supply of affordable housing. Businesses and Jobs. Capitalize on employment opportunities in the industrial areas and the potential work force in the community. This strategy emphasizes business retention, growth, and attraction as well as the expansion and development of employment opportunities. Public and private investments will be encouraged to promote new development and enhance existing businesses. Public Facilities. This strategy seeks to improve public infrastructure and facilities, which is critical to attract development and investment while improving the community's quality of life. Projects may include recreational facilities, landscape beautification, mobility and circulation, and other needed improvements to enhance the existing community and to stimulate new development. • Inflll Development. Infill development will be encouraged and facilitated, including new mixed -use residential development along commercial corridors. This will assist in the development of additional affordable dwelling units while improving the residential consumer base to support existing businesses and new commercial development. Affordable Housing. Rehabilitate and improve the existing housing stock for all income levels and assist with the relocation of incompatible uses through innovative programs and neighborhood initiatives. Adopted 3/2912011 Page 3 P4 National City Redevelopment Project Five Year Implementation Plan 2010-2014 The 1995 Redeveioproerd Plan establishes goals for the redevelopment of the Project Area. These goals frame the redevelopment projects and programs of the Implementation Plan. The Redevelopment Plan goals are listed below: I. Eliminate and prevent the spread of conditions of blight including: underutilized properties and deteriorating buildings, incompatible and uneconomic land uses, tleticient infrastructure and facilities. obsolete structures, and other economic deficiencies in order to create a more favorable environment for commercial, office, industrial, residential, and recreational development. II. Unity City's Harbor District with the downtown area through enhanced employment, commercial, and maritime development opportunities. III. Expand the commercial base of the Project Area. IV. Improve public facilities and public infrastructure. V. Improve inadequate drainage infrastructure. VI. Improve and/or provide electric, gas, telephone, and wastewater infrastructure to both developed and undeveloped properties within the Project Area. VII. Promote local job opportunities. Vill, Encourage the cooperation and participation of residents, businesses, business persons, public agencies, and community organizations in the redevelopment/revitalization of the Project Area. IX. Implement design and use standards to assure high aesthetic and environmental quality, and provide unity and integrity to developments within the Project Area. X. Address parcels of property that are: of irregular form and shape, are inadequately sized for proper usefulness and development, and/or are held in multiple ownership. XI. Remove impediments to land disposition and development through the assembly of property into reasonably sized and shaped parcels served by improved infrastructure and public facilities. XII. Recycle and/or develop underutilized parcels to accommodate higher and better economic uses while enhancing the City's financial resources. XIII. Promote the rehabilitation of existing housing stock. XIV. Increase, improve, and preserve the community's supply of housing affordable very low, low and moderate income households. Adopted 312912011 Page 4 National City Redevelopment Project PROPOSED REDEVELOPMENT PROGRAM Five Year Implementation Plan 2010-2014 The Implementation Plan consists of redevelopment projects and programs that are described below along with the blighting conditions that would be eliminated, the approximate costs to implement, and the Redevelopment Plan goals achieved. The projects and programs are categorized into three tiers in order of priority (1, 2, and 3). Tier 1 Projects/Programs Project/Program Description Preliminary Goals Cost Estimate Achieved Westside Infill Transit Oriented Development (WI-TOD) $21,000,000 I, IV, V, VI, VIII, IX, X, 201-unit family affordable housing project along Paradise Creek, XI, XII, XIV park, and trail. This project will eliminate factors hindering economically viable uses and inadequate public infrastructure. Completion: 2014 SthStreet Smart Growth Phase 1 and II $1,800,000 I, IV, VIII Public right-of-way improvements include reduction in travel lanes, diagonal parking, widened sidewalks, pedestrian amenities, landscape medians, street trees, and other enhancements. This project will eliminate factors hindering economically viable uses and inadequate public infrastructure. Completion: 2012 Coolidge Corridor 1 $200,000 I, IV, VIII Complete streets project with traffic calming, safe routes to schools, and pedestrian and bicycle enhancements. This project will eliminate factors hindering economically viable uses and inadequate public infrastructure. Completion: 2012 Adopted 3/22/2011 Page 5 P6 National City Redevelopment Project Five Year Implementation Plan 2010-2014 ProjecWrogram Description Prelimmar,� ' GQQ 13 Cost Estimate AcFtli Gateway to the Mile Project (Sudberry) $2,500,006 1, 111, IV, V, VI, VII, Vill, 25-acre regional commercial center anchored by Lowe's home IX, X, XI, improvement. XII This project will eliminate factors hindering economically viable uses I I and Inadequate public infrastructure. I I Completion: 2013 D Avenue Community Corridor 1 $125,000 I, IV, VIII Complete streets project with traffic calming, safe routes to schools, and pedestrian and bicycle enhancements. This project will eliminate factors hindering economically viable uses and inadequate public infrastructure. Completion: 2013 Aquatic Center $3,300,000 I, IV, IX Aquatic recreational center with boat and kayak access to the San Diego Bay with programming through a partnership with the South Bay YMCA. This project will eliminate factors hindering economically viable uses and inadequate public infrastructure. Completion: 2013 Las Palmas Park Facilities Plan 1 $6,600,000 I, IV, VII Upgrade and improvement of existing park and recreational facilities including the gym, locker rooms, and other public facilities in advance of phase II, which would expand the park to the adjacent municipal golf course. This nroier:t will eliminate factors hindering economically viable uses and inadequate public infrastructure. Completion: 2013 Adopted 329r1011 Page 6 National City Redevelopment Project Five Year Implementation Plan 2010-2014 Project/Program Description Preliminary Goals Cost Estimate Achieved Senior Village Expansion Project $7,000,000 I, IV, Vill, IX, XIII, XIV Commission has entered into an Exclusive Negotiations Agreement with a developer to rehabilitate the existing 303 unit Kimball and Morgan Towers and to construct 200 new senior units adjacent to Kimble and Morgan Towers. The majority of units will be income restricted. This project will eliminate factors hindering economically viable uses, unsafe and unhealthy buildings and inadequate public infrastructure. Completion: 2014 Residential Rehabilitation Program $1,000,000 I, XIII, XIV The Commission will administer a program that provides financing to residential properties to improve residential neighborhoods and to educate residents on health dangers of lead; require testing and lead hazard reduction in conjunction with rehabilitation. This program will eliminate: factors hindering economically viable uses and unsafe and unhealthy buildings. Completion: 2014 First -Time Homebuyer Program $1,000,000 XIV The Commission will administer a program that will provide up to $40,000 to help low- and moderate -income residents become first- time homebuyers through deferred loans, and mortgage credit certificates. The program will eliminate: factors hindering economically viable uses. Completion: 2014 Housing Inspection Program $500,000 I, XIII, XIV The Commission will provide Housing and Safety Code inspections of rental units and technical assistance to property owners with regards to code violations and solutions thereof. This program will eliminate: factors hindering economically viable uses and unsafe and unhealthy buildings. Completion: 2014 Adopted 312912011 Page 7 PS National City Redevelopment Project Five Year Implementation Plan 2010-2014 ProjectlProgram Description =IPPI"Vilminary 4e .I Goals Achieved Housing Acquisition -Rehabilitation Program I $1,500,000 i, klli, XIV I The Commission will work with for -profit and non-profit housing developers to acquire, rehabilitate, and construct new affordable housing units. I I his program vmii eliminate: factors hindering economically viable i i I uses and unsafe and unhealthy buildings. Completion: 2014 Total Preliminary Cost Estimate $46,425,000.00 Tier 2 and Tier 3 Projects/Programs ProjectlProgram Description Preliminary Cost Estimate Goals Ac liteved Plaza Boulevard Streetscape Improvements Project $300,000 I, IV Widening and improvements in the public right-of-way along Plaza Boulevard from Interstate 5 to Highland Avenue. This project will eliminate factors hindering economically viable uses and inadequate public infrastructure. Completion: TBD Plaza Boulevard Business Improvement District $700,000 III, Vill Establishment of a Business Improvement District along Plaza Boulevard. This project will eliminate factors hindering economically viable uses and incompatible uses. I I I ICompletion: TBD Adopted 32912011 Page 8 National City Redevelopment Project Five Year Implementation Plan 2010-2014 Project/Program Description Preliminary Goals Cost Estimate Achieved Marina Gateway —Two blocks between McKinley and Harrison $50,000 I, II, III, IV, Avenues, 23rd and 24th Streets VI I, IX, X, The Commission is in negotiations with Marina Gateway XI, XII Development Company for a commercial project on the former Ace Metals site on West 23rd Street. This project will eliminate factors hindering economically viable uses, unsafe and unhealthy buildings and incompatible uses and will create jobs. Completion: TBD Harbor District Master Plan $125,000 I, II, III, IV, VII, VIII, IX This plan will guide development and public improvements from 22nd Street to Civic Center. This project will eliminate factors hindering economically viable uses, unsafe and unhealthy buildings, incompatible uses and environmental remediation. Completion: TBD Harbor District Joint Planning $140,000 I, II, III, IV, VII, VIII, IX, The CDC and Port are entering into an agreement to glan XII redevelopment of approximately 20 acres south of 24 Street and east of Tidelands Avenue to compliment the award -winning Marina Gateway improvements already completed. Included will be public recreational spaces and commercial spaces to provide jobs. These projects will eliminate factors hindering economically viable uses, unsafe and unhealthy buildings and environmental remediation. Completion: TBD Purple Cow $400,000 I, III, VII, IX, X, XI, The land held for resale is anticipated to be developed for either XII, XIV affordable housing or commercial purposes. This project will eliminate: factors hindering economically viable uses and unsafe and unhealthy buildings. Completion: TBD Adopted 312912011 Page 9 P10 National City Redevelopment Project Five Year Implementation Plan 2010-2014 HOUSING PROGRAM COMPLIANCE OBJECTIVES This section addresses specific requirements in state law with respect to prior affordable housing activities and the anticipated housing program in the future. Redevelopment agencies use implementation plans to establish 10-year objectives to achieve compliance with state law regarding their affordable housing programs. These housing objectives generally fall into three categories: Housing Production — based on the number of housing units constructed or substantially rehabilitated over a 10-year period, a redevelopment agency is to ensure that a percentage of these units are affordable to very -low, low- and moderate- income households. These requirements only apply to project areas established on or after January 1, 1976; consequently, two component areas of the Project Area (E.J. Christman 1 Area and the South Bay Town and Country Area) are exempt from these requirements. Replacement Housing — redevelopment agencies must ensure that any housing units destroyed or removed as a result of redevelopment project are replaced within four years. With respect to the pre- 1976 component areas (E.J. Christman 1 Area and South Bay Town and Country Area), these requirements took effect after January 1 1996. Targeting Household Types — agency will allocate during the affordable to very low income under the age of 65. identify the amount of housing set -aside funds the redevelopment 10-year period on increasing and improving the supply of housing households and low income households, and housing for residents To estimate the number of housing units that need to be affordable to low- and moderate- households, the Commission estimated the total number units to be constructed or substantially rehabilitated in the Project Area and applied mandates established by the Redevelopment Law. The number of required affordable housing units is based upon statutory thresholds, and the Commission is responsible for ensuring that the appropriate number of affordable units is created during the 10-year planning period. The following table summarizes the production goals. Actual and Projected Housing Production Needs by Time Period Time Period ActuaVAssumed Housing Units Required Constructed and Substantially Affordable Units /2 Rehabilitated in Project Area /1 Total Very Low Prior to2004-05 1,588 I 238 95 10 Year Forecast I 800 120 48 I I 2004-05 to 2008-09 511 77 31 2009-10 to 2013-14 289 43 17 Redevelopment Plan Duration 2,388 358 143 (1976 to 2040) It Exclusive of E.J. Christman 1 Area and South Bay Town and Country Area, which are exempt from production housing needs. 2l All required units based on 15 percent of actual/assumed units developed by entities other than Agency. (Production requirement for units developed by Agency is 30 percent). Adopted "W2011 Page 10 National City Redevelopment Project Five Year Implementation Plan 2010-2014 The Commission estimated a need for 120 affordable units (including 48 very low-income units) to fulfill its production goals for the ten year Housing Production period, and 358 affordable units (including 143 very low-income units) over the duration of the Redevelopment Plan. Based on housing production during the past Implementation Plan period, the current forecast need for very low income units has been achieved with an excess production surplus of four units. The current forecast need for total units is 156. Fulfillment of these productions goals is shown in the following table. Housing Production Time Period Units Required Units Produced` Remaining Net Surplus (from previous table) Units Required Units Produced Total VL Total VL Total VL Total VL Prior to 2004-05 238 95 163 20 0 0 South Bay Manor 75 75 Covenants Expiring*: Park Villa Point 268 27 McKinley Apartments 160 56 Kimball Senior Park 151 151 Paseo del Sal/Copper Hills 132 0 Various Subst. Rehab 245 221 10 Year Forecast 2004.05 to 2013-14 120 48 283 61 Production 2005-06 to present - Habitat— Harding Avenue 3 0 Habitat — G Avenue 8 0 Casa Familiar— D & E 17 5 Casa Familiar —Quints 9 2 Pacific View— Fig Court 5 0 Plaza City Apartment 80 60 Redevelopment Plan Duration (1976 to 2040) 358 143 202 147 156 0 0 4 'Units produced with covenants that expire during the Redevelopment Plan duration are not counted towards the production totals. Adopted 3/29/2011 Page 11 P12 National City Redevelopment Project Reple6ement Housing Rve Year Implementation Plan 2010-2014 During the Implementation Plan period, the Commission does net anticipate that any Commission - assisted projects will result in the displacement or removal of housing units. Consequently, the Commission does not anticipate that any housing will need to be replaced at this time. Expenditures by Household Types At the beginning of the Implementation Plan period (July 1, 2010), the low and moderate income housing fund had a balance of approximately $12,874,593. Over the five-year planning cycle (2009-10 to 2013- 14) approximately twenty percent of total property tax increment revenue for the Project Area will be set - aside for affordable housing activities. The low- and moderate- income housing set -aside revenue is to be expended in proportion to the community's need for very low- and low- income housing and the proportion of the population under the age of 65. Based on the Regional Housing Needs Assessment and 2000 Census, the fallowing minimum thresholds for expenditures would be required over the tens of the Implementation Plan. Household Type Minimum Percentage of Expenditures Very Low Income Households 15% Low Income Households 31% Households Under Age 65 89% Housing Set -Aside Expenditures. These proportionality requirements affect expenditures over a ten- year period, although the law permits the compliance initially for a period beginning in January 2002 and ending in December 2014. The chart below documents the amount of low- and moderate- income housing fund revenue used since January 2002 for these income categories: Housing Expenditures by Year Income Category I 01-02 02-03 I I 03.04 1 04-05 I I 05-06 I I I O6-07 1 07-06 08-09 09-10 i Proportion Very law 1 $250 $0 1 $0 I $0 I $0 I $0 $0 I $3,039,197 I $0 1 73% Low 1 $0 I $0 $23,733 1 $0 I s0 $0 $0 1 $1.109,703 1 $0 I P7% Moderate $U $828 $3,490 $0 $0 $0 $0 $0 $0 c11% Totals $250 1 $628 1 $27,223 1 $0 $0 $0 $0 $4,148,900 $0 100% Adopted 312W2011 Page 12 National City Redevelopment Project Five Year Implementation Plan 2010-2014 Units Assisted by Housing Set -Aside Fund. State law requires recap of the projects assisted over the past Implementation Plan period, including family projects (open to all age groups) and senior projects (restricted to residents age 65 and older). The following table summarizes expenditures by project. Units Assisted 2004-05 to 2008-09 Project Expenditure Ext. Low Very Low Low Moderate Total Family Projects: Casa Familiar D & E $669,653 5 12 17 Habitat GAvenue $57,247 8 8 Senior Projects: Plaza City Apartments $3,422,000 60 20 60 Totals 67 50 117 Units Constructed During Prior Implementation Plan Without Set -Aside Funds. During the piwr Implementation Plan period, the following projects received other state and or federal funding sources other than or in addition to set aside funds to construct affordable units featuring long term covenant restricted units (affordable units with covenants of at least 45 years for ownership housing or 55 years for rental housing). Habitat — Harding Avenue 0 Habitat — G Avenue Casa Familiar — D & E 5 Casa Familiar —Quints a Pacific View— Fig Court Adopted 3/29/2011 Page 13 P14 ROPS 14-15B CITY OF NATIONAL CITY January 1-June -30,2015 C C.HP fNEN ¢'.I iIE BAN D WSE alY-BA DRAFT EIR LAND USE Exhibit "D" trio. The proposed General Plan update has policies to ensure effective inter- agency communication regarding land use planning, policy development and implementation (Goal LU-6). Specifically, Policy LU-6.4 calls for the City to work with and understand the planning efforts of state agencies when imple- menting the General Plan. Further, Policy LU-13.5 calls for the City to re- view and amend the LCP as necessary to ensure consistency with the General Plan. In ensuring consistency between the LCP and General Plan there con- flict with State plans would be avoided. Therefore, as a result of the proposed General Plan update policies, Land Use Code update, and LCP amendments, impacts related to conflicts with State plans associated with implementation of the General Plan, Land Use Code, and LCP amendments would be less than signifuant. The CAP and Downtown Specific Plan amendments do not include measures related to State plans. Therefore, implementation of the CAP and Down- town Specific Plan amendments would have no impact in relation to conflicts with State plans. c) Regional Plans As described in Section A.3 above, National City also falls under several re- gional plans: the RCP, the MSCP, San Diego County Regional Authority Board ALUCPs, the County of San Diego General Plan, and the Port Master Plan. ♦ RCP. The Regulatory Changes would not conflict with the RCP, as both the RCP and the Regulatory Changes are aimed toward sustainabil- ity. The Conservation and Sustainabiiity Element of the proposed Gen- eral Plan update contains a goal and policy to direct National City to- ward a more sustainable model. Goal CS-1 calls for the City to aim to- ward a reduced carbon footprint. To that end, Policy CS-1.1 calls for the City to develop and adopt new or amended regulations or programs that address sustainable and efficient land use patterns to reduce vehicular trips and preserve open space. In addition, the Land Use and Commu- nity Character Element contains several goals and policies that would help achieve the RCP's sustainability goals. For example, Goal LU-1 4.9-36 CITY OF NATIONAL CITY COMPREHENSIVE LAND USE UPDATE DRAFT EIR LAND USE calls for the City to promote Smart growth that is consistent with State- wide and regional transportation and planning goals and policies. To that end, Policy LU-1.1 calls for the City to use Smart growth that is consistent with statewide and regional transportation and planning goals and policies. Policy LU-1.3 directly calls for the City to use SANDAG's Regional Transportation Plan, RCP, and'Sustainable Communities Strat- egy as the basis for land use and transportation planning and policy de- velopment. Policy LU-6.3 calls upon the City to maintain involvement in SANDAG's planning programs and activities. Policy LU-6.4 calls for the City to coordinate implementation of the General Plan with the planning efforts of regional agencies. Policy LU-6.5 calls for the City to work with SANDAG to achieve consensus regarding housing and non- residential growth projections. Therefore, as a result of the proposed General Plan update policies and Land Use Code update, impacts related to conflicts with the RCP associated with implementation of the General Plan and Land Use Code would be less than significant. The CAP, Downtown Specific Plan amendments, and LCP amendments do not include measures related to the RCP. Therefore, implementation of the CAP, Downtown Specific Plan amendments, and LCP amend- ments would have no impact in relation to conflicts with the RCP. • MSCP. The Regulatory Changes would not conflict with the MSCP, as the Regulatory Changes include Goals and Policies in the General Plan update aimed toward conserving biological and natural resources that are compatible with the MSCP. The proposed General Plan update's Open Space and Agricultural Element Goal OS-1 would protect open space ar- eas that enhance the natural character of the community and protect sen- sitive resources. Policy OS=1.1 calls for protection and conservation of core biological areas, wildlife linkages, and wetland habitats. Policy OS- 1.2 calls upon the City to minimize or avoid impacts to environmentally sensitive lands by minimizing construction of infrastructure or access roads into these areas. Policy OS-1.3 encourages the removal of plant species and planting native plants in and near open space preserves to maintain biological integrity Policy OS-1.4 calls for the City to apply the appropriate land use and development regulations to limit development 4.9-37 P2 CITY OF NATIONAL CITY �COHPRAHE144IVE iLAN.D AJS,F, fUF PATE DRAFT EIR L A N D U 5 E amendments would have no impact in relation to conflicts with the ALUCP. ♦ County of San Diego General Plan. The County of San Diego General Plan regulates development in Lincoln Acres, which is unincorporated but within the southeastern part of National City. Policy LU-6.2 calls for consultation with San Diego County regarding land uses for areas outside of the incorporated City but within National City's sphere of in- fluence. Policy LU-6.4 calls for the City to coordinate implementation of the General Plan with the planning efforts of San Diego County. Pol- icy LU-6.5 calls for the City to work with San Diego County to achieve consensus regarding housing and nonresidential growth projections. Pol- icy LU-6.6 calls for the City to consider the preferences of San Diego County when reviewing future annexation proposals. Therefore, these policies would apply to Lincoln Acres and would assure that the impact related to conflicts with the County of San Diego General Plan associated with the proposed General Plan and Land Use Code would be less than significant. The Downtown Specific Plan and LCP amendments do not include measures related to the County of San Diego General Plan. The CAP contains measures to reduce greenhouse gas emissions which would be consistent with the County's policies to reduce greenhouse gas emissions. Therefore, implementation of the CAP, Downtown Spec Plan amendments, and LCP amendments would have no impact in relation to conflicts with the RCP. e Port Master Plan. The Regulatory Changes would not 2canflic. with the Pon Masw Plan because Policy LU-5.7 calk for coordmatwn.wnh the Port Disw regarding land use changeswtl m the yr 3 Bay tfront area of the Port ,Master ,Plan. Policy (".6-r+ calls for the Crty to Iwo& with the Port DrstnCt. on land, use aad iransyaortaarta pl oiarag ef- forts to mrEagate impacts and improve goods movement related: to the •marine ermmal. Prelacy LU 6.4 calls for the Curt work wnh theplatr- ,nib efforts of adjaceat cities, special districts regional agencdes, ,There- ,fore, as, restdt of the proposed General P an updase policies, unpaccc.re- amkj CITY OF NATIONAL CITY COMPREHENSIVE LAND USE UPDATE DRAFT EIR LAND USE lated to conflicts with the Port Master Plan associated with implantettta- tiou of the proposed General Plan and Laud Use Code would be teys than significant: The CAP, Downtown Specific Plan amendments, and LCP amendments do not include measures related to the Port Master Plan. Therefore, im- plementation of the CAP, Downtown Specific Plan amendments, and LCP amendments would have no impact in relation to conflicts with the Port Master Plan. d) National City Plans, Policies, and Regulations As described in Section AA above, land within National City also falls under several local plans: the National City General Plan, the Land Use Code, ap- proved specific plans, the LCP, and the Redevelopment Plan. ♦ National City General Plan. Amendments to the Downtown Specific Plan as necessary to ensure consistency with the proposed General Plan update, are part of the Regulatory Changes. Generally, land uses in the City would remain similar to the existing uses. Per State law, the Gen- eral Plan is the primary planning document for National City. Once adopted, the proposed General Plan update would replace the existing National City General Plan which was last updated in 1996. Therefore, the impact on the National City General Plan from the Regulatory Changes would be less than significant. ♦ Land Use Code. Revisions to the Land Use Code section of the National City Municipal Code are part of this proposed Regulatory Changes. These revisions to the Municipal Code will implement the General Plan along with other actions which require consistency with the General Plan. These revisions would supersede portions of the current Municipal Code. In addition, Policy LU-13.4 in the proposed General Plan update calls for the City to ensure that the land use code is consistent with the General Plan. Therefore, the impact on the existing Land Use Code from the Regulatory Changes would be less than significant. Approved Specific Plans. State law requires consistency between specific plans and the general plan per Government Code $$65454. Further, 4.9-40 P4 CITY OF NATIONAL CITY (C.OMPREN-ENSt,VE(LAND USE 'UPDATE DRAFT EIR LAND Ui rated to conflicts with the Port Master Plan associated with implementa- tion of the proposed General Plan and Land Use Code would be less than significant. The CAP, Downtown Specific Plan amendments, and LCP amendments do not include measures related to the Port Master Plan. Therefore, im- plementation of the CAP, Downtown Specific Plan amendments, and LCP amendments would have no impact in relation to conflicts with the Port Master Plan. d) National City Plans, Policies, and Regulations As described in Section A.4 above. land within National City also falls under several local plans: the National City General Plan, the Land Use Code, ap- proved specific plans, the LCP, and the Redevelopment Plan. ♦ National City General Plan. Amendments to the Downtown Specific Plan as necessary to ensure consistency with the proposed General Plan update, are part of the Regulatory Changes. Generally, land uses in the City would remain similar to the existing uses. Per State law, the Gen- eral Plan is the primary planning document for National City. Once adopted, the proposed General Plan update would replace the existing National City General Plan which was last updated in 1996. Therefore, the impact on the National City General Plan from the Regulatory Changes would be less than significant. ♦ Land Use Code. Revisions to the Land Use Code section of the National City Municipal Code are part of this proposed Regulatory Changes. These revisions to the Municipal Code wiL implement the Ccrud Plan along with other actions which require consistency with the General Plan. These revisions would supersede portions of the current Municipal Code. in addition, Policy LU-13.4 in the proposed General Plan update calls for the City to ensure that the Iand use code is consistent with the General Plan. Therefore, the impact on the existing Land Use Code from the Regulatory Changes would be less than significant. • ;A;pcoveilSpeci£rc Plana. State law requires consistency between specific plans and the general plan per Government Code §565454. Further, 4.9-40 ?5 CITY OF NAT I O N A L CITY COMPREHENSIVE LAND USE UPDATE DRAFT EIR LAND USE Government Code $65400 also requires that an annual report on the status of the General Plan and progress in its implementation. The an- nual report will ensure that consistency is maintained between the Plan and future development projects. As mentioned in Section B.3 above, the Harbor District Specific Plan and they Wesuide Specific Plan would bosh be consistent with the proposed General Plan update through the overlay land use designation. In addition, the Downtown Specific Plan would be ;amended as part of the proposed Regulatory Changes to ensure consis- tency with the updated General Tian. Further, Policy i U-13.5 of the proposed General Plan update calls for the City,to review and amend ex- isting specific plans as necessary to ensure consistency with the General •Plat. Therefore, the impact on the approved specific plans associated with the -Regulatory Changes would be less than stgnif cant. ♦ LCP. State law requires consistency between the coastal land use plan of the LCP and the General Plan per Public Resources Code $30513; Gov- ernment Code §65300.5. As mentioned in Section A.4.d above, National City's LCP was originally certified in 1990 and was amended in 1997. The existing LCP would be required to be consistent with the General Plan per Policy LU-13.5, which states that the City should review and amend the LCP to ensure consistency with the General Plan. Further, the proposed Regulatory Changes include changes to the LCP, as de- scribed in Chapter 3.0, Project Description, to maintain consistency with the General Plan and Land Use Code updates. The CAP and Downtown Specific Plan amendments do not contain measures pertaining to the LCP. Therefore, the impact on the LCP associated with the Regulatory Changes would be less than significant. ♦ Redevelopment Plan. As discussed in Section A.4.e above, National City's Redevelopment Plan was adopted in 1995 and most recently up- dated in 2007. The Redevelopment Plan would be required to be consis- tent with the General Plan per Policy LU-13.5, which states that the City should review and amend the Redevelopment Plan to ensure consistency with the General Plan. No amendments to the Redevelopment Plan are required to maintain consistency with the proposed General Plan update, Land Use Code update, CAP, or Downtown Specific Plan and LCP 4.9-41 P6 CITY OF NATIONAL CITY 'COMPREHENSIVE :LAND Rik`f 4lp D-AT,E DRAFT EIR GREENHOUSE GAS EMI. SJONS c. San Diego Regional Transportation plan: and Sustainable Communities Strategy The San Diego Regional Transportation Plan (RTP) is the primary transpor- tation element of the RCP, and is intended to position the region to achieve smarter, more sustainable growth that meets the transportation needs of the region. Updates to the RTP are necessary to ensure that local governments have opportunities to implement smart growth and that the design and im- plementation of regional transportation facilities support local smart growth. The 2030 RTP was adopted in 2007 and the 2050 RTP, which is currently underway, will be adopted in 20115 As required by SB 375, SANDAG is including a Sustainable Communities es Strategy (SCS) in the 2050 RTP. This element will demonstrate how the land use patterns and transportation network, policies, and programs can work together to achieve the GHG emission reduction targets for cars and light trucks that will be established by CARB. The adopted SANDAG Smart Growth Concept Map along with regional habitat conservation areas will serve as a basis for the SCS. The SCS will include four building blocks: e Land use component that accommodates the Regional Housing Needs Assessment (RHNA) and includes the protection of sensitive resource ar- eas, including areas protected under habitat conservation plans; ♦ Transportation networks including highways, transit, and local streets and roads; ♦ Transportation demand management strategies; and ♦ Transportation system management programs and policies. ' SANDAG, 2010, Climate Action Strategy, (http://www.sandag.org/ uploads/publ:mtionid/pubhc tionid_1481_10940.pdP,, page 4. 4.15-13 CITY OF NATIONAL CITY COMPREHENSIVE LAND USE UPDATE DRAFT EIR GREENHOUSE GAS EMISSIONS SB 375 also encourages transit priority projects by exempting them from CEQA if projects are consistent with the SCS. The SANDAG 2050 RTP will be the first in the State to implement SB 375 by including the SCS d. SANDAG Climate Action Strategy SANDAG has developed a Climate Action Strategy (CAS) as part of a multi- year partnership with the California Energy Commission. The strategy iden- tifies a near -term goal of reducing GHG emissions to the 1990 level by 2020 and a long-term goal of reducing GHG emissions to 80 percent below the 1990 level by 2050, consistent with AB 32 and Executive Order S-3-05. It also encourages local governments to adopt reduction targets for the year 2020 that are consistent with AB 32.' A major focus of the strategy is to identify policy measures that could help SANDAG reduce GHG emissions from passenger cars and light trucks and comply with SB 375 in the 2050 RTP update (to be adopted in 2011). Accord- ing to targets set by CARB on September 23, 2010, the San Diego region will be required to reduce GHG emissions from cars and light trucks 7 percent per capita by 2020 and 13 percent by 2035! The CAS also identifies available policy measures to help the region integrate climate change considerations into existing planning processes affecting our transportation system, land use patterns, building stock, and energy infrastructure.' s SANDAG, Comprehensive Land Use and Regional Growth Projects: Swtain- able Communities Strategy, http://www.smdag.org/index.aspiprojectid- 360&fuseaction=projects.detail, accessed on April 8, 2010. ' SANDAG, 2010, Climate Action Strategy, (http://www.sandag. org/uploads/publicationid/publicationid_1481_10940.pdf). 'SANDAG, 2010, "Greenhouse Gas Targets Set", http://www.smdag.org/ index.aspinewsid=666&fuseaction=news.detail, accessed October 28, 21010. 9 SANDAG, 2010, Climate Action Strategy, (http://www.smda& org/uploads/publimtionid/publicationid_1481_10940.p4, page 11, 4.15-14 P8 Westside Specific Plan Chapter 3 —Land Use March 2010 Chapter 3 Land Use 3.1 Introduction ROPS 14-15B January 1-June 30, 2015 Exhibit "E" This Chapter sets forth the types of land uses to be accommodated within the plan area and outlines a combination of strategies that will be used to help achieve the communi `s goals. The current zoning for this area is Light Manufacturing/Residential which permits low intensity, industrial activities, along with office and single-family residences and Open Space Reserve which encompass Kimball School, the public works yard, unimproved roadways, Paradise Creek and Paradise Creek Educational Park. As the area has a variety of transportation opportunities (trolley, transit and freeway access) within''% mile of the residences and businesses, the area is ideal for mixed -use development, as well as preservation of existing single-family residences and low -scale multi -family development. These areas offer both employment and residential opportunities such as a "transit -oriented development" or "smart growth development." The Plan allows for the retention and preservation of existing single-family residences, the enhancement of uses considered appropriate for the neighborhood, and also provides specific land uses for future development. The land uses reflect the input and guidance offered by the community during public workshops, the Code Compliance Committee, as well as other comments received during development of the Specific Plan. This chapter sets forth the types, locations, and intensities of land uses permitted within the Westside. It outlines strategies that will be used to help achieve the community's goals and vision for the Plan area. In recognition of the benefits of commercial uses for creating jobs and supporting the City's fiscal stability, substantial amounts of property in the Westside neighborhood are dedicated to commercial, office, and retail businesses. The Specific Plan strategically locates businesses in areas with the greatest market potential and access in addition to limiting impacts on residential life. Commercial and office development paralleling 1-5 will benefit from freeway accessibility and visibility while also buffering the residential areas from freeway -generated pollutants and noise. Redevelopment is expected to occur within the 20-year horizon of the plan. Typically, changes may occur as follows: Developers acquire several parcels and remove existing uses to develop larger mixed -use type developments. o i In c considered nonco.^.forming whcn Y the Plan is adopted are slow) phased out since those uses would be subject to the provisions of Section 18.108, Nonconforming uses. • Incompatible land uses may be subject to the amortization process (Section 18.108.230). Existing housing stock is demolished due to disrepair or inability to upgrade to current standards and then replaced. W, Westside Specific Plan Chapter 3 — Land Use March 2010 3.2 Community Character Goals The Vision and Guiding Principles from Chapter 1 set eight goals for future development in the Westside: Goal 3.1 Preserve and enhance residential characteristics of Westside. Goal 3.2 Encourage single-family residential development that is compatible with the neighborhood's traditional architecture, scale, and massing. Goal 3.3 Limit new building heights to two and three stories within the residential, mixed -commercial residential and mixed -use commercial office land uses, while limiting the height of the Transit Oriented Development to five stories. Goal 3.4 Encourage retail and commercial uses that increase neighborhood activity and engagement as well as create a living environment where people can walk for goods, services, recreation, and transit. Goal 3.5 Reduce co -location of housing and businesses that use, store, or generate hazardous materials through amortization of those businesses. Goal 3.6 Buffer new residential development from freeway emissions and noise. Goal 3.7 Reduce impacts to Paradise Creek through development that is sensitive to the habitat. Goal 3.8 Encourage new businesses and the conversion of existing non- conforming business to non -impactive uses that are compatible with the environment and community goals. Goal 3.9 Actively pursue partnerships to construct 200 affordable housing units throughout the plan area and to concentrate efforts towards meeting these affordable housing goals on parcels surrounding Paradise Creek. Goal 3.10 Ensure that the open space near the creek is preserved within an open space easement and passive and active park amenities are installed adjacent to the natural areas of open space. 3.3 Implementing Strategies The following programs will implement the goals for planning for land use: Strategy 3.1 All existing and future land use and development in the Specific Plan Area shall conform to land use designations, zoning, design guidelines, and programs reflected in this Specific Plan. Strategy 3.2 Preserve, restore, or reuse potentially eligible historic property(ies), if feasible, prior to renovation or demolition. 30 P2 Westside Specific Plan Chapter 3 — Land Use March 2010 Strategy 3.3 Relocate above ground utilities to below ground for new development pursuant to Chapter 18.64 of the National City Land Use Code. The City may consider adopting an in -lieu fec for future under grounding to allow for a systematic approach to under grounding upon completion of a cost analysis. Strategy 3.4 Efforts shall be made to cease nonconforming and impactive. ha_ rmtu_ i and/or toxic uses within #h^ `A' tsid "'' - o rreSwi a iiu,Ming the ami rtizE!tiori process. Removal of automotive body and paint businesses shall be prioritized, with special considerations given to the most sensitive receptors (e.g. schools), and a schedule for amortization prepared. Implement land uses contained in Appendix A by encouraging non- conforming uses to substitute other non -conforming uses consistent with Appendix A which would be allowed to expand. x Provide a mechanism to allow industrial uses that are considered acceptable to continue to expand within their existing parcel boundaries by no more than 20% of gross leased area. Strategy 3.7 All existing business owners and all new business owners who store, generate, transport, and/or dispose of hazardous matedals/and/or waste shall provide copies of appropriate Hazardous Materials Business Plans, Risk Management and Prevention Plans, and regulatory agency permits/approvals on an annual basis prior to the issuance of a business license or at the time of business license renewal. An update of the status of compliance for all businesses within the plan area will be provided on an annual basis to the City Council. Strategy 3.8 Phase I Environmental Site Assessments (ESAs) shall be conducted in accordance with the Dept. of Environmental Health and the Regional Water Quality Control Board, prior to development activity when there is the potential for hazardous materials contamination based on historic and existing land use activity, adjacent land use activity, and information contained in the Hazardous Materials Assessment form (Appendix C). Strategy 3.9 Require dedication of open space easements for parkland adjacent to Paradise Creek, including passive and active recreation, trails, and habitat restoration. 3.4 Land Use Plan One of the primary concerns voiced by the community during public workshops is the impact of auto body shops and other industrial uses on air quality, traffic, and noise. As part of this plan, auto paint and body shops would no longer be permitted uses and would become non -conforming uses, potentially subject to National City Municipal Code Section 18.108 (Ordinance 2286). Within the Westside Specific Plan Area, there are existing industrial uses that are non - impactive, sometimes not typically considered industrial that may be compatible with the 31 Westside Specific Plan Chapter — Land Use March 2010 Westside vision. It may be desirable that these uses continue as non -conforming uses. For those industrial uses that are impactive or less compatible, this plan seeks to encourage such non -conforming uses to substitute other uses per Appendix A and consistent with NC Municipal Code Section 18.108.100 (Substitution of Non -conforming Uses). At the direction of the City Council and as part of the Westside planning effort, a Code Compliance Committee was formed in 2008 to address issues related to noncompliant businesses within the Westside; specifically those businesses that do not have the appropriate licenses and permits to operate. As part of that effort, the Code Compliance Committee embarked on an effort to develop criteria for businesses that would be acceptable to remain as good neighbors or acceptable substitution of non -conforming uses. In order to determine those uses identified in Appendix A, the specific issues of the community needed to be identified. At a workshop of the Code Compliance Committee conducted on December 2, 2008, the committee recognized key issues associated with industrial uses and the residential community. Those issues or concerns are grouped together as air pollution, hazardous materials, parking, outside storage, and security with razor wire. The following lists those concerns and provides specific resolution for future development and expansion as the plan is implemented. Air Pollution - Chemical spray in the air generated by paint spraying conducted by auto paint body shops, use of hazardous chemicals, and commercial trucks idling for long periods of time. New businesses shall be limited to those businesses that do not require a permit by the Air Pollution Control District for noxious odors or toxic air contaminants. Hazardous Materials — Concern over large quantities of hazardous materials stored and/or accumulated near or adjacent to residential properties. In order to reduce accumulation of hazardous materials within the project area, new businesses shall be limited to those uses that do not require a permit by the Department of Environmental Health or the Environmental Protection Agency for storage of hazardous materials. Parking — Lack of available parking and double parking due to lack of on -site parking by auto repair shops and other industrial and commercial uses. New development and expansion of the structure shall provide and maintain adequate parking on site for employees and customers as determined by this Plan. Outside Storage - Large quantifies of material, equipment, or debris and trash stored outside, visible to the residential community and from streets and alleyways. All storage shall not be visible to adjacent residentially zoned or residentially used parcels or from a public street or alleyway. All storage shall be covered, either with a permanent cover or stored within an enclosed building. Storage shall not displace required parking. All on street parking is limited to day use only. No work for the use shall be conducted in the street or within or on publicly owned property. 32 P4 WesWde Specific Plan Chapter 3 — Land Use March 2010 • Noise — Frequent loud or continuous noise adjacent or near residential properties associated with auto body shops, auto repair shops, construction companies and other industrial noise; also including idling of commercial trucks. Operation of these businesses shall adhere to Chapter 12, Noise Control of the Municipal Code and Section 11.34 related to Truck Idling and Parking Maneuvers. • Security —Security of industrial uses with razor wire. Industrial uses shall be secured by a *.-ence, a maximum height of eight (8) feet and/or surveillance equipment rather than the use of razor wire on fences and walls. No razor wire shall permitted on top of fences along property lines within the plan area. New construction or expansion of a structure shall incorporate solid walls and/or decorative fencing with dense planting to secure the site and reduce visibility. These issues were used to identify non -conforming uses that could be substituted for less desirable non -conforming uses in the Westside. Those uses not listed in Appendix A would not be acceptable non -conforming uses for substitution, but would remain subject to the nonconforming use requirements, Land Use Code Section 18.108 and Section 3.6 of this plan. 3.5 Land Use Zones The Central Vision and Guiding Principles of the Westside Specific Plan, as established by the community over a five year process, direct the future land uses of Westside with the goal to "reestablish the Westside as a safe, healthy, and vibrant neighborhood where people engage in community life." In order to accomplish this vision, the area will be rezoned from Light Manufacturing/Residential (MUR) to a variety of zones that will allow a mixture of residential, office, and retail uses as well as open space and institutional uses. (See Figure 3.1 Land Use - Zoning) The Land Use Plan establishes various uses that will be permitted within Westside. In contrast to the MUR zone, where industrial uses were permitted, adoption of the Westside Specific Plan will prohibit new industrial uses, including auto body repair which are uses not compatible with the Vision and Guiding Principles within the plan boundary. Mixed -uses of residential, commercial and offices will create transitions and buffers conducive to a pleasant and healthy living environment. The plan reflected in Figure 3.1, Land Use and Zoning, establishes the following six zones within the Westside. Land uses permitted, or permitted under approval of a Conditional Use Permit, or prohibited arP listed in Appendix A, Land Ucc Table. Adoption of the Westside plan would include. azoning from MUR and OSR to the following zones: 1. Residential — Single Family Westside 4 ( RS-4) 2. Mixed Use Commercial — Residential — 1 (MCR-1) 3. Mixed Use Commercial — Residential — 2 (MCR-2) 4. Limited Commercial (CL) 5. Civic Institutional (IC) 6. Open Space Reserve (OSR) 33 Westside Specific Plan Chapter 3 — Land Use March 2010 34 IN P6 Westside Specific Plan Chapter 3 — Land Use March 2010 3.5.1 Single Family Residential Westside 4 IRS-4) This zone provides for areas of single-family residences and neighborhood servicing commercial uses as indicated in Appendix A. Single-family residences may be constructed to a zero lot line and subdivided to a minimum lot size of 2,500 square foot parcels with a minimum lot width of twonty-five feet. New single-family residence may be constructed to a maximum height of 35 feet and three stories. The maximum density that would be permitted within the RS-4 zone is 17.4 dwelling units per acre. The intent of the zone is to encourage new development and to create a traditional urban neighborhood.. Building heights should be varied to reflect the diversity of the existing residential character. Existing private institutional uses such as churches would continue to be permitted within the zone and elsewhere in the Westside. New institutional uses and would be permitted subject to a Conditional Use Permit and design guidelines established in the Specific Plan. Small neighborhood -oriented markets and retail services that primarily serve the neighborhood are permitted to remain and expand with approval of a Conditional Use Permit. 3.5.2 Limited Commercial (CL) This zone provides for a small scale, limited convenience retail shopping facilities at the neighborhood level, typically including food and convenience stores, small retail and service shops, professional offices and retention of existing residences as well as compatible residential development in accordance with the uses established in Appendix A. The Limited Commercial zone is applied along 1-5. west of Harding and Wilson Avenues to provide retail and office uses. This zone allows artisan activities (including studios, production space, galleries, and small performance venues) as well as neighborhood - serving retail, commercial, and existing residential uses. Building heights are limited to three stories and fifty feet. New development in this zone will serve to block the noise and views of the freeway. Existing single-family residential uses would be permitted and allowed to be reconstructed; however, the primary purpose of this zone is to provide opportunities for new development for retail, offices, and artist live -work studios. A maximum height of fifty feet and three stories would be permitted 3.5.3 Muiti-use Commercial -Residential 1 and 2 (MCR-1, MCR-2) This zone provides for a either commercial or residential use, or a combination of commercial and residential uses or structures, designed to be built on a single lot or parcel, or as components of a single development in accordance with the uses established in Appendix A. This zone permits live -work loft uses. The Mixed Use zone combines a variety of uses — retail, office, and residential - to create a highly livable district for residents, employees, and shoppers, improving 35 Westside Specific Plan Chapter 3 — Land Use March 2010 convenience through walkability and transit availability. The benefits of mixed -use development are: Activates urban areas during more hours of the day. Increases housing options for diverse household types. ® Reduces auto dependence. ® Increases travel options. Creates a local sense of place. The Mixed Commercial -Residential Zones are applied to areas generally bordering the RS-4 zone to transition to multi -family residential to the downtown commercial area. Since new multi -family development would not be permitted within the RS-4 zone, the MCR zones provide for multi -family development either as rental stock or home- ownership condominiums. A mix of residential, commercial, and office uses are allowed within this zone. Mixed -uses are not required except for those properties fronting Civic Center Drive where commercial uses are required on the ground floor fronting Civic Center Drive and residential and/or offices are required on the upper floors. Parking may be accommodated on the ground floor behind the retail use or within a parking structure for shared parking for the variety of uses or for combination of developments. Mixed -use Commercial -Residential 2 (MCR-1) This designation includes those areas east of Roosevelt Avenue from 18t" Street to 16th Street, along the south side of 14th Street, on the east side of Hoover Avenue from 101" Street to 141h Street and for two blocks between Hoover and Harding Avenues from 201" Street to 181" Street. A maximum height of fifty feet and three stories would be permitted, including any ground level parking, with a maximum density of twenty-four (24) units per acre. St. Anthony's Church and Manuel Portillo Youth Center, also known as Casa de Salud, are located within the MCR-1 zone. Both offer community and education activities. These uses would continue to be encouraged; however expansions would require approval of a Conditional Use Permit. Mixed -use Commercial -Residential 2 (MCR-2) -Civic Center Drive District A mixed -use development will create a gateway to the neighborhood, serve as a new activity center, and tie into the mixed -use environment planned for within the Downtown Specific Plan area of National City. As envisioned, buildings will have retail and parking at the ground level and residential and/or offices on the upper floors. A maximum height of five stories and 65 feet would be permitted, including any ground level parking. The zone allows residential uses at a maximum density of forty-five (45) dwelling units per net acre with the intent of providing opportunities for housing and live/work or artisan loft arrangements. 36 P8 Westside Specific Plan Chapter 3 — Land Use March 2010 Mixed -use Commercial -Residential 2 (MCR-2) Transit -oriented Development District (TOD): This area comprises the MCR-2 designated areas south of I Street and east of Hoover Avenue. The intent of this district is to encourage transit -oriented development due to its proximity to the 24`h Street Trolley Station. Redevelopment of these underutilized lands — consisting of larger lots relative to areas to the north — will provide opportunities for increased use of public transit in addition to accomplishing neighborhood revitalization goals. The intent is to allow but not require a mix of uses within each development, but allow flexibility for individual project needs. Educational facilities would be permitted within the zone as students would benefit by the proximity to the trolley station, bus routes, and commercial services within the Westside and downtown National City. A maximum height of five stories and sixty-five feet would be permitted, including any ground level parking. A maximum density of 60-units per acre would be permitted. Development of the area immediately surrounding Paradise Creek, north of 22nd Street and south of Kimball School will be primarily used for developing affordable housing and supportive services. A concept plan has been developed that reflects multi -family housing for this area (Figure 3.2). Open Space Reserve (OSR) This zone provides for public and private lands, playgrounds salt marsh and coastal wetlands, water areas, recreational lands, and other scenic open space areas in accordance with the uses established in Appendix A. This zone provides for open space areas for active and passive recreational uses near Paradise Creek. Parks and community centers for recreation, environmental and cultural interface, and community interaction are essential to the renewal of the community. Paradise Creek Educational Park, adjacent to the south side of Kimball School, offers trails, an amphitheatre, picnic area, play structure, and enhanced wetland area. Extending the open space area along the west side of the creek and providing a meandering trail for pedestrians and bicyclists would enhance the open space. Expanding Paradise Creek to the east of Kimball School at the Hoover Avenue would further enhance the open space area providing an area for active recreational uses. Currently, the area designated as Open Space Reserve does not represent areas truly set aside for open space since the current OSR zone includes Kimball School, the Public Works Yard, and unimproved roadways as well as Paradise Creek and the Paradise Creek Educational Park. Paradise Creek and the Educational Park creek will bo retained within an Open Space Reserve zone. Additional areas adjacent to the creek will be restored as part of the Transit Oriented Development and/or through open space grant efforts. These areas will be preserved within an open space easement or through a rezone to Open Space Reserve as a component of the development. A concept plan has been developed that reflects a concept design for Paradise Creek in conjunction with the TOD development (Figure 3.2). Additional open space areas for passive and active recreation may be identified during review of development projects or as land becomes available. These areas would be held in open space through the recordation of an open space easement or designated as Open Space Reserve with an amendment to the Specific Plan. 37 Westside Specific Plan Chapter 3 — Land Use March 2010 (y Not to soak 1estside Specific Plan - Figure 3.2 Transit Housing Concept Plan 38 P10 Westside Specific Plan Chapter 3 — Land Use March 2010 3.5.4 Civic Institutional (IC) This zone provides for the preservation of existing public and private institutional uses within the plan area in accordance with the uses established in Appendix A. The Civic Institutional zone provides areas for public and private facilities that serve the community. Located along the south side of West 18'" Street, adjacent to the north side of the Paradise Creek Educational Park, Kimball School Is located within the iC zone. Other areas may be rezoned for Cl through an amendment to the Specific Plan. The purpose of the Cl zone is to offer community services that respond to the needs of the health, safety, education, cultural, and welfare needs of the community as identified in Appendix A. A maximum height of 35-feet would be permitted. 3.6 Nonconforming Uses and Amortization Program All nonconforming uses are subject to the City's regulations and requirements contained in Chapter 18.108 of the National City Land Use Code. Within the zones established by this Specific Plan, the Land Use Code, or amendments to either document that may later be adopted, there exist uses, structures, and lots that were lawful before these two documents were adopted or amended, but are now prohibited. It is the intent of Chapter 18.108 of the Land Use Code to generally permit nonconforming uses to continue until they are terminated, but not to encourage their enlargement, expansion, or extension. This Specific Plan does allow for enlargement and/or expansion of certain non- conforming uses within the existing parcel, listed in Appendix A, up to 20% of their gross leased area (building footprint), because they are not impactive to the community or not typical industrial uses, and provide an avenue of progressive change in the Westside. The intent of the Specific Plan is (1) to significantly reduce potential public health threats (such as increased incidence of cancer and respiratory diseases) associated with residents' exposure to hazardous materials and (2) to address the current community conflicts between residential and industrial land uses. kf ROPS 14-15B January 1-June 30, 2015 Exhibit "F" Findings of Fact and Statement of Overriding Considerations Westside Specific Plan Environmental Impact Report (SCH #2008071092) Prepared for: City of National City 1243 National City Boulevard National City, CA 91950 Contact: Peggy Chapin Prepared by: ICF Jones & Stokes 9775 Businesspark Avenue, Suite 200 San Diego, CA 92131 Contact: Bob Stark February 2010 ICF Jones & Stokes. 2010. Westside Specific Plan EIR Findings of Fact and Statement of Overriding Considerations. February. (ICF J&S 440.08.) San Diego, CA. Prepared for: City of National City, 1243 National City Boulevard, National City, CA 91950. P2 Table of Contents Chapter 1 Introduction ............................... Chapter 2 Project Description ........................................ Overview.......................................................... LandUse Plan ................................................. Zoning Districts ................................................ Single -Family Residential Zone ................. Mixed -Use Commercial -Residential Zones .......................1-1 ....................................2-1 ....................................2-1 ....................................2-1 .................................... 2-2 .................................... 2-3 ....................................2-3 Limited Commercial Zone.................................................................2-4 Civic Institutional Zone ....................................... ............................... 2-4 Open Space Reserve ................................ ....................................... 2-4 FloodwayOverlay .................................. ......... ........ ........... ............... 2-5 Additional Plan Components............................................................2-5 Required Approvals................................................................................2-6 Chapter 3 Findings Regarding Significant Environmental Effects....................3-1 Overview................................................................................................. 3-1 Findings on Significant Environmental Effects........................................3-2 AirQuality.........................................................................................3-2 Noise...............................................................................................3-16 Traffic and Circulation ................... .................................................. 3-23 Biological Resources......................................................................3-25 Cultural Resources ................ ....... ___ ..... ....................................... 3-32 Hazards and Hazardous Materials.................................................3-38 Chanter 4 Findings on Project Alternatives.........................................................4-1 Overview................................................................................................. 4-1 CEQA Project Objectives and Section Criteria.......................................4-2 Alternative 4—No Project Alternative.....................................................4-2 Finding..............................................................................................4-3 Facts in Support of Finding ........................ ....................................... 4-3 Alternative 2—No Mixed -Use Alternative ............................................... A 3 Finding..............................................................................................4-3 Facts in Support of the Finding.........................................................4-3 Alternative 3—Reduced Buildout Alternative ..... ..................................... 4-4 Finding..............................................................................................4-4 Facts in Support of the Finding.........................................................4-4 r-_iZL- Westside Specific Plan Findings of Fact and Statement of Overriding Considerations February 2010 1CFaa8 440.08 rz City of National City Table of Contents Alternative 4—Retain and Expand Industrial Uses Alternative............................................................................................... 4-5 Finding..............................................................................................4-5 Facts in Support of the Finding.........................................................4-5 Environmentally Superior Alternative......................................................4-5 SummaryFinding....................................................................................4-6 Chapter 5 Statement of Overriding Considerations............................................5-1 Fables Table Page 2.4 Acreage by t_ana Use/Zoning Districts and 20-Year New Development (Projected).... ................ ............................................................... 2-2 4-1 Comparison of Project Alternative Impacts to Significant Proposed ProjectImpacts...................................................................................................4-6 Westside Specific Plan Findings of Fact and Statement of Overriding Considerations February 2010 ICFAS 440.08 P4 City of National City Table of Contents Acronyms DPR Department of Parks and Recreation ESA Environmental Site Assessment HEPA high efficiency particulate air HVAC heating, ventilation, and air conditioning ML-PD Light Manufacturing Planned Development MLR Light Manufacturing Residential MTS Metropolitan Transit System's TOD transit oriented development n = — - Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding W Considerations IcFAS "0.0e Chapter 1 Introduction This Findings of Fact and Statement of Overriding Considerations document comprises five chapters. Chapter 1, Introduction, provides background information as to the purpose of the document. Chapter 2, Project Description, provides a description of the proposed project. Chapter 3, Findings Regarding Significant Environmental Effects, presents the significant effects associated with the project. Chapter 4, Project Alternatives, provides a brief discussion of other alternatives that were evaluated in the environmental impact report (EIR). Finally, Chapter 5, Statement of Overriding Considerations, is provided for those adverse effects that cannot be feasibly mitigated or avoided, even with the adopted mitigation measures. Mitigation measures are referenced in the mitigation monitoring and reporting program (MMRP) adopted concurrently with these findings and will be effectuated through the process of constructing and implementing the project. Except as otherwise noted, the findings reported in the following pages incorporate the facts and discussions of environmental impacts that are found in the final environmental impact report (final EIR) for the Westside Specific Plan, February 2010, as fully set forth therein. These findings constitute the decision - makers' rationale and support for their decision under the requirements of the California Environmental Quality Act (CEQA). For each of the significant project or cumulative impacts associated with the project, the following information is provided: ■ Description of Significant Effect —A specific description of each significant environmental impact identified in the final EIR (e.g. Impact AQ-la); ■ Proposed Mitigation —Mitigation measures or actions that are proposed for implementation as part of the project (e.g. MM AQ-la); in Finding —The findings made are those allowed by Section 21081 of the California Public Resources Code (PRC). For impacts found to be significant, one of three specific findings is made, in accordance with the statement of acceptable findings provided in Section 15091 of the State CEQA Guidelines; and Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 1-1 Considerations ICFAS 440.06 P6 City of National City 1.0 Introduction ■ Rationale for Finding —A summary of the reasons for the decision. Pursuant to Section 21081.6 of the California PRC and Section 15097 of the State CEQA Guidelines, a MMRP must be adopted to ensure the efficacy of proposed mitigation measures. The .MMI RP for the Westside Specific Plan is appended to the final EIR, presented for adoption together with these Findings of Fact and Statement of Overriding Considerations. The Record of Proceedings for the City of National City's decision on the proposed project consists of the following documents, at a minimum: in The Notice of Preparation (NOP) and all other public notices issued by the City of National City; ■ A public scoping meeting held on July 30, 2008; ® Comment letters received on the NOP and public scoping meeting included as Appendix A of the draft EIR; ■ The draft EIR for the Westside Specific Plan and all technical appendices (November 2009); ■ All comments submitted by agencies or members of the public during the 48- day comment period on the draft EIR; ■ All comments and correspondence submitted to the City of National City with respect to the project, in addition to timely comments on the draft EIR; ■ The final EIR for the Westside Specific Plan, including comments received on the draft EIR, responses to those comments, errata, and technical appendices; ■ The MMRP for the project; ■ All findings and resolutions adopted by the City in connection with the Westside Specific Plan and all documents cited or referred to therein; ■ All reports, studies, memoranda, maps, staff reports, or other planning documents relating to the project prepared by the City, consultants to the City, or responsible or trustee agencies with respect to the City's compliance with the requirements of CEQA and with respect to the City's action on the Westside Specific Plan; ® All documents submitted to the City by other public agencies or members of the public in connection with the Westside SDeCific Plan, up through the completion of the final EIR; c Matters of common knowledge to the City, including, but not limited to, federal, state, and local laws and regulations; ■ Any other materials required for the record of proceedings by Public Resources Code Section 21167.6, subdivision (e). Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 1-2 Considerations cFAS "0.08 Overview Chapter 2 Project description The City of National City proposes a General Plan Amendment, Rezone, and Specific Plan to guide the future development of the Westside neighborhood in response to conflicts between the neighborhood's current land uses. Because many of the existing industrial uses are incompatible with the existing residential uses, there has been a growing concern related to air quality emissions, traffic and parking congestion, noise levels, and the release of hazardous materials. In an attempt to minimize these adverse effects as the community grows, the proposed Westside Specific Plan includes strategies for amortizing uses that would no longer be permitted with the proposed land use changes, primarily auto body shops and auto repair shops. Details of the Westside Specific Plan are provided below. Land Use Plan One of the primary functions of the proposed project is to change the existing land use designations to focus on the residential character of the community and develop mixed -uses that promote walkability and transit use. The land use and zoning map illustrated in Figure 2-4 of the draft EIR depicts the proposed land uses, with the types and locations of various land uses that would be allowed on site. Lower -density residential uses composed largely of single homes on individual lots would occupy the majority of land in the neighborhood in recognition of historic development patterns and in keeping with goals that reinforce the residential neighborhood character of the Westside. Smaller scale housing would be focused in the central portion of the plan area, and surrounding mixed uses would function as commercial -residential buffers by providing a gradual transition to full commercial or industrial uses outside the plan area, thereby contributing to a pleasant and healthy living environment. In this inner area, building heights reflective of existing one- and two-story homes would help to retain the Westside neighborhood's historic character. In contrast to prior land use policy and zoning, new industrial uses (including auto body repair and auto services) would not be permissible within the residential area (RS-4 zone), and existing industrial uses would be non -conforming uses and subject to Municipal Westside Specific Plan T February 2010 Findings of Fact and Statement of Overriding 2-1 Considerations ICFAS 440.08 PS City of National City 2.0 Project Description Code Section 18.108 and 18.108.100 (Substitution of Non -Conforming Uses) unless the use is included in ine acceptable, nonimpactive uses listed within the Westside Specific Plan. Table 2-4 below gives the proposed acreage of each land use/zoning district and a 20-year new development projection achieving 75% of the maximum buildout. The Westside Specific Plan uses a 15% buildout calculation based on historic and projected growth rates for National City. Table 2-4. Acreage by land Usa'Zoning Districts and 20-Year New Development (Projected) Land Use 20-Year New Development with 75% Buildout(Projected) Acres within Project Site Residential (dwelling units) Retail (square feet) Office (square feet) Single -Family Residential 19 204 N/A N/A Mixed -Use Commercial- Residential (MCR-1) 26 704 140,659 281,318 Mixed -Use Commercial- Residential (Smart Growth Center) (MCR-2) 23 938 375,442 375,443 Limited Commercial 23 N/A 376,086 752,171 Civic Institutional 4 N/A N/A N/A Open Space Reserve 5 N/A N/A N/A TOTAL 100 1,846 892,187 1,408,932 Zoning Districts Figure 2-4 of the draft EIR also depicts the zoning districts regulating land use and development within the plan area. Three new zones are proposed in the Westsidc Specific Plan: s Residential Single Family-4 (RS-4) ■ Multi -Use Commercial -Residential (MCR-1) ■ Multi -Use Commercial -Residential (Smart Growth Center) (MCR-2) The Westside Specific Plan would also utilize three citywide zoning districts established in the City's Land Use Code: ■ Limited Commercial (CL) ■ Civic Institutional (IQ ■ Open Space Reserve (OSR) E g_. 7- - _- = -sr-r - . - _ - .Z' _ - - C7 Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 2-2 Considerations icFAS 440.08 City of National City 2.0 Project Description Use regulations and development standards for the proposed and citywide zones are discussed in Section 3.7, "Land Use and Planning," of the draft EIR. Descriptions of the purpose and intent of the proposed and citywide zones for the Specific Plan Area are provided below. Single -Family Residential Zone The proposed project would potentially develop up to 204 new single-family homes that would contribute an additional estimated population of 6,384 residents by 2030. This component would be included in the new single-family zoning designation, Residential Single-Family-4 (RS-4), which would permit lot sizes at a minimum of 2,500 square feet with a 35-foot height limitation. Similar to the existing development pattern within the Westside neighborhood, housing would be oriented to the street. In addition, building setbacks and the shape and form of new development would reflect existing residential development patterns in the plan area Mixed -Use Commercial -Residential Zones The Westside Specific Plan proposes two types of mixed -use commercial residential zones: MCR-1 and MCR-2 (Smart -Growth Center). These zones would be applied generally to areas bordering the RS-4 residential zone, to allow for transitions to downtown and commercial areas, and would facilitate a neighborhood retail and service district focused around Civic Center Drive. Building heights would be limited to three stories for the MCR-1 zone, and five stories for the MCR-2 zone. A mix of residential, commercial, and office uses would be allowed within these zones; however, mixed uses would not be required within individual buildings and/or projects, with the exception of the blocks fronting Civic Center Drive where retail and neighborhood services would be required on the ground floor, and offices and/or housing would be required on the upper floors. Transit Oriented Development (TOD) The Westside Specific Plan also explores the effects of redeveloping the Public Works yard and surrounding area into a transit -oriented infill affordable housing project. The goals for this transit oriented development (TOD) are to (1) transform the proposed property into affordable housing with linkages to the 24Ih Street Metropolitan Transit System Trolley Station; (2) enhance Paradise Creek and ensure the expansion of the Paradise Creek Education Park; and (3) prepare and provide facilities and ongoing program management for an "incubator" that would provide training and services that assist project tenants in more effectively pursuing home ownership and higher paying jobs. The 14-acre TOD area would be located Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 2-3 Considerations ICFAS 440.08 Pie City of National City 2.0 Project Description within the MCR-2 zone. The zone allows residential uses at a maximum density of 45 dwelling units per net acre and would seek to achieve a minimum of 30 employees per acre. At maximum buildout, the area would support 360 dwelling units, 295,000 to 450,000 gross square feet of office space, and 45,000 to 65,000 gross square feet of retail space (not including existing development). The projcct- specific development may include an adult educational center within the TOD area and relocation of the public. works yard. Limited Commercial Zone As defined in the City's General Plan, the Limited Commercial Zone (CL) provides for small-scale, limited convenience retail shopping at the neighborhood level. This designation also provides for compatible residential development, limited to no more than 1 unit per 1,900 square feet of lot area. This zone is included in the Westside Specific Plan to provide an area of office and commercial space designed to buffer the residential uses from the freeway. Civic Institutional Zone The Civic Institutional Zone (IC) designates property accommodating public facilities such as schools, parks, and municipal buildings such as the community center. The Westside Specific Plan includes this zone to recognize and accommodate the assembly of nonprofit quasi -public and private facilities into efficient, functionally compatible, and attractively planned administrative centers, medical and retirement centers, cultural centers, educational institutions, multi -family housing, and similar uses. ®pen Space Reserve The Open Space Reserve (OSR) is intended primarily to preserve open space wetland areas and allows passive use of the land for nature study, trails, and picnicking purposes, as well as active recreation. The Westside Specific Plan includes this zone to help preserve Paradise Creek, located in the southeastern portion of the plan area, and to enhance the Paradise Creek Educational Park. Additionally, areas may be designated as OSR as part. of the TOD development around the park or as park sites are identified or become available. The existing Public Works Yard currently zoned in the OSR zone would be converted to MCR-2 as described under the Transit Oriented Development subheading above. Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 2-4 Considerations icrias uo.oe City of National City 2.0 Project Description Floodway Overlay The National City General Plan and Land Use Code establish the Floodway Overlay to avoid creation of new or increased flooding risks associated with Paradise Creek (Figure 2-4 of the draft EIR). Per these regulations, proposed development cannot be approved without demonstration that the new buildings will neither be subject to flooding nor create new flooding hazards. Additional Plan Components Paradise Creek Educational Park Paradise Creek, located in the southeastern portion of the plan area, is recognized as a valuable wetland resource and would be preserved within an open space easement. The creek serves as a valuable resource from water quality, wildlife habitat, and aesthetic perspectives. The Westside Specific Plan encourages expanding Paradise Creek Educational Park with additional public amenities such as trails, benches, and both passive and active recreational uses, and restoring native vegetation. Circulation and Parking The circulation and parking plan for the Westside neighborhood would build on the established street grid, freeway access, and transit facilities of the area. The existing street grid of the neighborhood is ideal for safe walling due to small block size, multiple routes to single locations, and legibility from the regular north -south and east -west orientation of intersecting streets. Section 3.1, "Traffic, Circulation, and Parking," details the circulation and parking upgrades that would be required for the proposed project. Community Corridors To encourage multi -modal transit, bikeways would be constructed as part of development, with improvements to roadways designated as Community Corridors, and/or with Capital Improvement Projects. Streetscape improvements would include decorative lighting, benches, enhanced crosswalks, and traffic calming amenities to encourage walking within the community to the transit station, parks, school, library, and downtown. Westside Specific Plan Findings of Fact and Statement of Overriding 2-5 Considerations February 2010 ICFAS 440.OB P12 City of National City 2.0 Project Description Infrastructure and Public Services The Westside Specific Plan would coordinate infrastructure and public service planning with the proposed land use changes in the Westside neighborhood to ensure there is adequate capacity to meet the demands of plarmed development. An initial assessment of water, sewer, and stormwater infrastructure was completed as -art of the proposed project Availability cf Cli h Y Y "p "p P l " pu c services suc as schools and fire and police services was also examined. Results from these assessments are clearly defined in Section 3.10, "Utilities and Public Services," of the draft EIR. Required Approvals Project approval will require the following actions by the City of National City: ■ Approval of a General Plan Amendment Approval to rezone from Light Manufacturing Residential (MLR) to the Residential Single -Family Zone (RS-4) c Approval to adopt the Mixed Use Commercial -Residential (MCR-1) zone designation and rezone from ML-R to MCR-1 c Approval to adopt the Mixed Use Commercial -Residential (Smart Growth Center) (MCR-2) zone designation and rezone from ML-R to MCR-1 • Approval to rezone from ML-R to the Limited Commercial (CL) zone along the major roadways c Approval to rezone from ML-R to the Open Space Reserve (OSR) zone near Paradise Creek ■ Approval to rezone from ML-R to the Civic Institutional (IC) zone to preserve the existing Kimball School ■ Approval of West Avenue Closure between W 16" Street and W 18' Street ■ Approval of the Westside Specific Plan Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 2-6 Considerations 1cFJBs W.08 Overview Chapter 3 Findings Regarding Significant Environmental Effects The final EIR identified several significant environmental effects that could indirectly result from the implementation of the Westside Specific Plan. Indirect and cumulative significant unavoidable adverse impacts would occur in the following resource areas: • Air Quality (Indirect and Cumulative); ■ Noise (Indirect and Cumulative); and ■ Traffic and Circulation (Cumulative only). Indirect impacts in the following resource areas can be reduced to less -than - significant levels through the implementation of feasible mitigation measures: M Biological Resources; ■ Cultural Resources; and r Hazards and Hazardous Materials. Implementation of the project would have less -than -significant impacts or no impacts on the following resources (without mitigation): r Aesthetics; Agriculture; r Geology and Soils; Land Use and Planning; F Mineral Resources; ■ Population and Housing; Recreation; - AL= Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 3-1 Considerations CFAS 440.08 P14 City of National City 3.0 Findings Regarding Significant Effects ■ Utilities and Public Services; and ■ Water Quality and Hydrology. These impacts are outweighed by overriding considerations, as set forth in Chapter 5, below. Findings on Significant Environmental Effects Air Quality For a full discussion of air quality impacts, see Chapter 3.2 of the Westside Specific Plan Draft EIR and any revisions contained in Chapter 3 of the final EIR, Impact AO-1 a: Construction Impacts Despite the potential variability in construction emissions and schedules, there are a number of feasible control measures that can be reasonably implemented to reduce ozone and PM10/PM2.5 emissions during construction; these measures are summarized in Mitigation Measure MM AQ-la. However, given the lack of specifics regarding construction activities, construction -related emissions related to Impact AQ-la would be significant and mitigation is required. Proposed Mitigation MM AQ-la: Fugitive Dust and Exhaust Control Measures. The SDAPCD has recently adopted a rule (Rule 55) that requires fugitive dust control measures for construction and demolition projects. Future development proposed within the Westside neighborhood shall be required to employ fugitive dust control measures to reduce the amount of fugitive dust. The selection of specific measures is left to the discretion of the project operator. Additional measures to reduce NOx an ROG emissions may be needed if construction -related emissions exceed the screening level emission thresholds (Table 3.2-9). For any future development, the applicant shall employ measures that may include, but are not limited to, the following: a Inactive Conslrneti-- ?.rea.,. Apply nor..oxic soil stabilizers according to manufacturers' specification to all inactive construction areas. ■ Exposed Stockpiles. Enclose, cover, water twice daily, or apply non -toxic soil binders according to manufacturers' specification to exposed piles. r Active Site Areas. Water active site areas twice daily. Westside Specific Plan February 2010 Findings of Fact and Statement of Ovemding 3-2 Considerations WAS 440.0e City of National City 3.0 Findings Regarding Significant Effects --- e Hauling. Cover all haul trucks hauling dirt, sand, soil, or other loose materials or maintain two feet of freeboard. ■ Adjacent Roadways. Install wheel washers where vehicles enter and exit unpaved roads onto paved roads, or wash off trucks and any equipment leaving the project site. a Adjacent Roadways. Sweep streets at the end of the day if visible soil material is carried onto adjacent public paved roads. re Unpaved Roads and Parking/Staging Areas. Apply water three times daily or non -toxic soil stabilizers according to manufacturers' specification to all unpaved roads and parking or staging areas. is Speed Limit. Limit traffic speeds on unpaved areas to 10 miles per hour. o Disturbed Areas. When active construction ceases on the site, replace ground cover as quickly as possible. ■ Equipment maintenance. Install emission controls (cooled exhaust recirculation, lean-NOx catalysts), tune equipment and reduce idling time. ■ Equipment age. Require models newer than 1996. ■ Coatings. Use VOC-free or low-VOC coatings, limit the amount of coating and paints applied daily, or rent or purchase VOC Emission Reduction Credits. Finding The City Council of the City of National City hereby finds that: (I) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EM () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (X) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR. Rationale for Finding The mitigation measures shown in MM AQ-la are required for any construction activity. However, given the lack of specifics regarding future construction Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 3-3 Considerations ICFAS 440.08 P16 City of National City 3.0 Findings Regarding Significant Effects activities, construction -related emissions related to Impact AQ-la would potentially remain significant and unavoidable. Additionally, mitigation may be required at the project level, but without having specific construction information (i.e. location, equipment, project design, etc), specific mitigation cannot be applied. For this reason, impacts related to ozone and PM10/PM2.5 during construction would be significant. Impact AQ-1b: Operational impacts Implementation of the proposed project would result in emissions that exceed the level of significance for criteria pollutants with which San Diego County is currently in non -attainment status (ROG, PM10, and PM2.5). The project would increase the density of development, replacing incompatible commercial and industrial land uses with a more dense and compatible mix of retail, office, and residential land uses. The amount of residents within the plan area is expected to increase from 1,457 to 6,384 assuming 75% buildout in 2030. This would add a considerable amount of vehicle trips and miles traveled to the project area. Increased residents would also lead to an increase in emissions from area sources, as a result of fossil fuel combustion for heating and cooldng, consumer products, architectural coatings, and landscape fuel cnmhnOinn_ Proposed Mitigation MM AQ-lb: Mitigation Measures to Reduce Project Operational Emissions. Operational emissions could be reduced by incorporating various mitigation measures. For any future development, the applicant shall employ the following mitigation measures to reduce operational emissions: It Increased Energy Efficiency (20%) beyond Title 24. Is Use of electric landscaping equipment with access to outside electrical outlets (20% of total landscaping equipment) IF Use of low- or no-ROGNOC paints (a minimum of 40% below typical paints). Finding The City Council of the City of National City hereby finds that: (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 3-4 Considerations icwss440.os City of National City 3.0 Findings Regarding Significant Effects changes have been adopted by such other agency or can and should be adopted by such other agency. (X) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR. Rationale for Finding The project would increase the density of development, replacing incompatible commercial and industrial land uses with a more dense and compatible mix of retail, office, and residential land uses. However, the potential growth associated with the proposed Westside Specific Plan would result in greater vehicular trips and vehicle miles traveled (VMTs) and would result in greater use of fossil fuel combustion for heating and cooking, consumer products, architectural coatings, and landscape fuel combustion. While specific development projects proposed at some future date may identify additional mitigation measures to reduce potentially significant impacts, at the plan level, mitigation measures consist of improving energy efficiency beyond Title 24, reducing fuel use for landscaping, and using less -polluting building exterior and interior paints. However, project - generated vehicular trips and VMTs, while arguably fewer than under traditional development patterns, would still increase indirectly over the baseline condition. No feasible mitigation, beyond the objectives of the Westside Specific Plan, is available to significantly reduce air emissions from an increase in vehicular trips and VMTs. With implementation of mitigation measure MM-AQ-1b, operational -related impacts related to Impact AQ-lb would be reduced but would remain significant and unavoidable. Impact AQ-2: Increase in Criteria Pollutants Buildout of the proposed project would result in a net increase in emissions of criteria pollutants that the San Diego Air Basin is currently in nonattainment or maintenance status. The net changes in the emissions from project buildout would exceed project -level emission thresholds established by the SDAPCD for ROG, CO, PMl0, and PM2.5. The project would intensify development which will increase vehicle trips and energy consumption within the plan area. Therefore, both area and mobile source emissions would increase. Proposed Mitigation MM AQ-1a: Fugitive Dust and Exhaust Control Measures. MM AQ-1b: Mitigation Measures to Reduce Project Operational Emissions. G= ...T_ W W= S : _S _ = I _ L"'a' Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 3-5 Considerations 1cFJas aw.ae P18 City of National City 6_ 3.0 Findings Regarding Significant Effects Finding The City Council of the City of National City hereby finds that: (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final FIR. () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (X) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR. Rationale for Finding The project would intensify development, which would increase vehicle trips and energy consumption within the plan area. Therefore, both area and mobile source emissions would increase. Mitigation would be applied to reduce ROG, CO, PM10, and PM2.5. However, because the plan would anticipate a population increase from 1,457 to 6,384 and an accompanying increase in vehicle trips and VMTs, even with implementation of MM AQ-la and MM AQ-lb, long-term impacts related to Impact AQ-2 would be significant and unavoidable. Impact AQ-3: Heath Risk from Proximity to 1-5 Residents within the Westside area would have a risk of approximately 188 per 1 million as that level of risk corresponding to the highest predicted risk at 400 feet from the edge of the nearest travel lane to the nearest receptor for the highest peak traffic volume (i.e., 16,000 vehicle per hour) considered downwind (east) of I-5. This highest risk of 188 per 1 million represents a significant health risk impact when compared to the SDAPCD threshold of 10 per 1 million. Given the lack of specifics m terms of at'urc dcvclopn•..,,,t vrtbin the plan area, it is impossible to perform a site -specific analysis at this point. Future projects within the plan area would be required to perform an analysis to determine the health risk associated with placing sensitive receptors near the freeway. Thus, the proposed project would be required to perform a screening -level health risk analysis. If it was determined that potential exists to exceed the 10 in 1 million threshuld, then a site -specific HRA would be required. - Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 3-6 Considerations eFJ86 440.08 City of National City 3.0 Findings Regarding Significant Effects Proposed Mitigation MM AQ-3: Building Design Measures to Reduce Exposure of Residents to Pollutant Emissions. Mitigation measures to reduce pollutant emissions for any proposed new development in close proximity (i.e., within 500 feet) of I-5 shall include: ■ providing the facility with individual heating, ventilation, and air conditioning (HVAC) systems in order to allow adequate ventilation with windows closed; o locating air intake systems for HVAC systems as far away from the existing air pollution sources as possible; ■ using high efficiency particulate air (HEPA) air filters in the HVAC system and developing a maintenance plan to ensure the filtering system is properly maintained; and ■ utilizing only fixed windows next to any existing sources of pollution; ■ explore the use of vegetated berms and walls along I-5 to help reduce residential land use exposure to emissions from I-5. Consult with Caltrans to determine the feasibility of installing vegetated berms/walls. Finding The City Council of the City of National City hereby finds that: (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR. () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (I) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR. Rationale for Finding Implementation of the above mitigation measures for each future development projects within the plan area would help to reduce the health risk associated with proximity to the roadway. However, the screening level analysis shows that the potential exists for a significant impact due to proximity to I-5. Given the lack of Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 3-7 Considerations ICR&8440.08 P20 City of National City 3.0 Findings Regarding Significant Effects specifics in terms of future development within the plan area, it is impossible to perform a site -specific analysis at this point. Future projects within the plan area would be required to perform an analysis to determine the health risk associated with placing sensitive receptors near the freeway. Mitigation measure 1dLM AQ- 3 would substantially reduce the health risk to sensitive receptors, but without specific project Ievel ir,fOrmadon, the analysis cannot determine if it would below the SDAPCD threshold. Therefore, Impact AQ-3 is considered to be significant and unavoidable. Impact AQ-4: Greenhouse Gas Emissions Implementation of the proposed project would result in a net increase in local GHG emissions from within the Westside area over existing conditions as more residents and commercial and office space would result in more vehicle trips and energy consumption within the plan area. Assuming 75% buildout in 2030, the proposed project would result in approximate 115,760 metric tons of COZe per year. This would represent an approximately 49,718 metric ton per year increase over Business As Usual (BAU) conditions. This would result in a significant impact and mitigation measure MM AQ-4 is required. Proposed Mitigation MM AQ-4: Project Design Features to Reduce Project Contribution to Climate Change. There are a number of project design features that could be included in the proposed project that will help to reduce future GHG emissions. Below is a list of potential design features that should be incorporated, as feasible, into future projects to ensure consistency with adopted State-wide plans and programs. The measures outlined below are not meant to be exhaustive, but are meant to provide a sample list of measures that could be incorporated into future project design. Enemy Efficiency ■ Design buildings to be energy efficient. ■ Install efficient lighting and lighting control systems. Site and design building to take advantage of daylight. ■ Use trees, landscaping and sun screens on west and south exterior building walls to reduce energy use. ■ Install light colored "cool' roofs and cool pavements. a Provide information on energy management services for large energy users. a Install energy efficient heating and cooling systems, appliances and equipment, and control systems. - -= -- - Westside Specific Plan February 2020 Findings of Fact and Statement of Overriding 3-8 Considerations WAS 440.08 City of National City 3.0 Findings Regarding Significant Effects ■ Install light emitting diodes (LEDs) for traffic, street and other outdoor lighting. ■ Limit the hours of operation of outdoor lighting. ■ Use solar heating, automatic covers, and efficient pumps and motors for pools and spas. Renewable Energy ■ Install solar or wind power systems and solar hot water heaters. Educate consumers about existing incentives. ■ Install solar panels on carports and over parking areas. ■ Use combined heat and power in appropriate applications. Water Conservation and Efficiencv ■ Create water -efficient landscapes in accordance with City Land Use Code Chapter 18.54. ■ Install water -efficient irrigation systems and devices, such as soil moisture - based irrigation controls. ■ When available, use reclaimed water for landscape irrigation in new developments and on public property. ■ Design buildings to be water -efficient. Install water -efficient fixtures and appliances. or Use of gmywater (or untreated household waste water from bathtubs, showers, bathroom wash basins, and water from clothes washing machines). For example, install dual plumbing in all new development allowing graywater to be used for landscape irrigation. r Restrict watering methods (e.g., prohibit systems that apply water to non - vegetated surfaces) and control runoff. r Restrict the use of water for cleaning outdoor surfaces and vehicles. a Implement low -impact development practices that maintain the existing hydrologic character of the site to manage storm water and protect the environment. (Retaining storm water runoff on -site can drastically reduce the need for energy -intensive imported water at the site). s Devise a comprehensive water conservation strategy appropriate for the project and location. The strategy may include many of the specific items listed above, plus other innovative measures that are appropriate to the specific project. ■ Provide education about water conservation and available programs and incentives. Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 3-9 Considerations icF.ws 40.08 P22 City of National City 3.0 Findings Regarding Significant Effects Solid Waste Measures a Reuse and recycle construction and demolition waste (including, but not limited to, soil, vegetation, concrete, lumber, metal, and cardboard) in accordance with City Municipal Code 15.80. a Provide interior and exterior storage areas for recyclabies and green waste and adequate recycling containers located in public areas. Iransoortationand Motor Vehicles ■ Limit idling time for commercial vehicles, including delivery and construction vehicles in accordance with City Municipal Code 11.34. City Strategies: Implementation of the Westside Specific Plan and through the General Plan update, the city may do the following: Incorporate low or zero -emission vehicles, including construction vehicles. Promote ride sharing programs e.g., by designating a certain percentage of parking spaces for ride sharing vehicles, designating adequate passenger loading and unloading and waiting areas for ride sharing vehicles, and providing a web site or message board for coordinating rides. c. Create car sharing programs. Accommodations for such programs include providing parking spaces for the car share vehicles at convenient locations accessible by public transportation. ■ Create local "light vehicle" networks, such as neighborhood electric vehicle (NEV) systems. ■ Provide the necessary facilities and infrastructure to encourage the use of low or zero -emission vehicles (e.g., electric vehicle eharging facilities and conveniently located alternative fueling stations). ■ Increase the cost of driving and parking private vehicles by, e.g., imposing tolls and parking fees. ■ Institute a low -carbon fuel vehicle inccntive program. ■ Work with MTS or other transit agency to provide shuttle service to public transit. o Work with NITS or other transit agency to provide public transit incentives such as free or low-cost monthly transit passes. c Partner with SANDAG to promote "least polluting" ways to connect people and goods to their destinations. A Incorporate bicycle lanes and routes into street systems, new subdivisions, and large developments. ■ Incorporate bicycle -friendly intersections into street design. ■ Work with new commercial and multi -family projects; provide adequate bicycle parking near building entrances to promote cyclist safety, security, Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 3-10 Considerations ICFAS "D.08 City of National City 3.0 Findings Regarding Significant Effects L-: and convenience. For large employers, provide facilities that encourage bicycle commuting, including, e.g., locked bicycle storage or covered or indoor bicycle parking. ■ Create bicycle lanes and walking paths directed to the location of schools, parks and other destination points. ■ Work with the school district to restore or expand school bus services. ■ Encourage businesses to telecommute and/or offer flexible work hours program, provide information, training, and incentives to encourage participation, and provide incentives for equipment purchases to allow high - quality teleconferences. o Provide information on all options for individuals and businesses to reduce transportation -related emissions. Provide education and information about public transportation. Further, the Attorney General's Office has identified a non -exhaustive list of measures to reduce GHG emissions at the general plan level. Through the development of the General Plan update, the City may include such measures that would be utilized in the Westside area that would include, but are not limited to, the following: ■ Work with new development applicants to use a higher level of efficiency through design. ■ Require that all new government buildings, and all major renovations and additions, meet identified green building standards. ■ Ensure availability of funds to support enforcement of code and permitting requirements. ■ Adopt a "Green Building Program" to require or encourage green building practices and materials. The program could be implemented through, e.g., a set of green building ordinances. ■ Require orientation of buildings to maximize passive solar heating during cool seasons, avoid solar heat gain during hot periods, enhance natural ventilation, and promote effective use of daylight. Building orientation, wiring, and plumbing should optimize and facilitate opportunities for on -site solar generation and heating. Pi Provide permitting -related and other incentives for energy efficient building projects, e.g., by giving green projects priority in plan review, processing and field inspection services. c Conduct energy efficiency audits of existing buildings by checking, repairing, and readjusting heating, ventilation, air conditioning, lighting, water heating equipment, insulation and weatherization. Offer financial incentives for adoption of identified efficiency measures. Westside Specific Plan T February 2010 Findings of Fact and Statenu;nt of Overriding 3-11 Considerations ICFAS 440.08 P24 City of National City 3.0 Findings Regarding Significant Effects Partner with community services agencies to fund energy efficiency projects, including heating, ventilation, air conditioning, lighting, water heating equipment, insulation and weatherization, for low income residents. ■ Target local funds, including redevelopment and Community Development Block Grant resources, to assist affordable housing developers in incorporating energy efficient designs and features. ■ Provide innovative, low -interest financing for energy efficiency and alternative energy projects. For example, allow property owners to pay for energy efficiency improvements and solar system installation through long- term assessments on individual property tax bills. c Fund incentives to encourage the use of energy efficient vehicles, equipment and lighting. Provide financial incentives for adoption of identified efficiency measures. ■ Require environmentally responsible government purchasing. Require or give preference to products that reduce or eliminate indirect greenhouse gas emissions, e.g., by giving preference to recycled products over those made from virgin materials. ■ Require that government contractors take action to minimize greenhouse gas emissions, e.g., by using low or zero -emission vehicles and equipment. ■ Adopt a "heat island" mitigation plan that requires cool roofs, cool pavements, and strategically placed shade trees. (Darker colored roofs, pavement, and lack of trees may cause temperatures in urban environments to increase by as much as 6-8 degrees Fahrenheit as compared to surrounding areas.) Adopt a program of building permit enforcement for re -roofing to ensure compliance with existing state building requirements for cool roofs on non-residential buildings. E Adopt a comprehensive water conservation strategy. The strategy may include, but not be limited to, imposing restrictions on the time of watering, requiring water -efficient irrigation equipment, and requiring new construction to offset demand so that there is no net increase in water use. Include enforcement strategies, such as citations for wasting water. ■ Encourage Sweetwater Authority to adopt water conservation pricing, e.g., tiered rate structures, to encourage efficient water use. ■ Ensure compliance with the City's adopted water -efficient landscape ordinance, Chapter 18.54 of the Land Use Code. ■ Strengthen local building codes for new construction and implement a program to renovate existing buildings to require a higher level of water efficiency. ■ Adopt ordinances requiring energy and water efficiency upgrades as a condition of issuing permits for renovations or additions, and on the sale of residences and buildings. Westside Specific Plan February 20r0 Findings of Fact and Statement of Overriding 3-12 Considerations icr ias "0.08 City of National City 3.0 Findings Regarding Significant Effects s Work with Sweetwater Authority to continue to provide individualized water audits to identify conservation opportunities. Provide financial incentives for adopting identified efficiency measures. ■ Work with Sweetwater Authority to provide water audits for large landscape accounts. Provide financial incentives for efficient irrigation controls and other efficiency measures. E Encourage water efficiency training and certification for irrigation designers and installers, and property managers. ■ Implement or expand city recycling and composting programs for residents and businesses. Require commercial and industrial recycling. in Work with the trash collector (EDCO) to extend the types of recycling services offered (e.g., to include food and green waste recycling). rc Implement Community Choice Aggregation (CCA) for renewable electricity generation. (CCA allows cities and counties, or groups of them, to aggregate the electric loads of customers within their jurisdictions for purposes of procuring electrical services. CCA allows the community to choose what resources will serve their loads and can significantly increase renewable energy.) m Preserve existing conservation areas (e.g., forested areas, agricultural lands, wildlife habitat and corridors, wetlands, watersheds, and groundwater recharge areas) that provide carbon sequestration benefits. r Establish a mitigation program for development.of conservation areas. Impose mitigation fees on development of such lands and use funds generated to protect existing, or create replacement, conservation areas. c Provide public education and information about options for reducing greenhouse gas emissions through responsible purchasing, conservation, and recycling. hi addition, it is recommended that the City develop a Climate Action Plan or Policy. A Climate Action Plan or Policy includes a comprehensive climate change action plan that includes: a baseline inventory of greenhouse gas emissions from all sources; greenhouse gas emissions reduction targets and deadlines; and enforceable greenhouse gas emissions reduction measures. Adoption of the measures cited above when fully incorporated into the Westside Specific Plan area will lessen GHG emissions from within the project area and potentially achieve a reduction target of 29% below BAU, as stated in AB32. Of particular efficacy, the requirements for energy -efficient buildings are likely to be the largest source of GHG emissions reductions of all the measures described above. It is also important to note that future state actions taken pursuant to AB 32 including requirements for lower carbon -content in motor vehicle fuels, improved vehicle mileage standards (provided California is not barred due to federal action), and an increased share of renewable energy in electricity Westside Specific Plan Findings of Fact and Statement of Overriding 3-13 Considerations February 2010 ICFAS 440.08 P26 City of National City 3.0 Findings Regarding Significant Effects generation will also serve, in time, to further reduce GHG emissions related to this project. Finding The City ( onnril of the City of National City hereby finds that: (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR. () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. () Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR. Rationale for Finding As future development projects are proposed, the Westside Specific Plan would require new development to implement measures listed in MM AQ-4 to reduce GHG emissions from individual projects. As future projects implement these measures, overall GHG emissions through the life of the plan would be cut by a substantial amount. Project -related impacts related to Impact AQ-4 would be less than significant. Cumulative Impact AQ-2: Cumulative Increase in Criteria Pollutants Buildout of the proposed project would result in a cumulatively considerable net increase in emissions of criteria pollutants ROG, CO, PM10, and PM2.5 for which the SDAB is currently in nonattainment or maintenance Proposed Mitigation MM AQ-la: Fugitive Dust and Exhaust Control Measures. MM AQ-1b: Mitigation Measures to Reduce Project Operational Emissions. Westside Specific Plan Findings of Fact and Statement of Overriding 3-14 Considerations icFAs 440.08 City of National City 3.0 Findings Regarding Significant Effects Finding The City Council of the City of National City hereby finds that: (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR. () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (X) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EHL Rationale for Finding The project would intensify development, which would increase vehicle trips and energy consumption within the plan area. 'Therefore, both area and mobile source emissions would increase. Mitigation would be applied to reduce ROG, CO, PMIO, and PM2.5. However, because the plan would anticipate a population increase from 1,457 to 6,384 and an accompanying increase in vehicle trips and VMTs, even with implementation of MM AQ-la and MM AQ-lb, long-term impacts related to Cumulative Impact AQ-2 would be significant and unavoidable. No other feasible mitigation has been identified to reduce emissions from these sources. Cumulative Impact AQ-4: Cumulative Greenhouse Gas Emissions Implementation of the proposed project would result in a net increase in local GHG emissions from within the Westside area over existing conditions, as more residents and commercial and office space would result in more vehicle trips and energy consumption within the plan area. Assuming 75% buildout in 2030, the proposed project would result in approximate 115,760 metric tons of CO2e per year. This would represent an approximately 49,718 metric ton per year increase over Business As Usual (BAUD conditions. This would result in a significant impact and mitigation measure MM AQ-3 is required. The proposed project would contribute 43,242 metric tons of CO2e per year at buildout. While mitigation is proposed to reduce the GHG emissions within the Westside Specific Plan area, the project's overall contribution to this cumulative impact would be cumulatively considerable and significant. Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 3-15 Considerations ICFAS 440.08 P28 City of National City Noise 3.0 Findings Regarding Significant Effects Proposed Mitigation MM. AQ4: Project Design Features to Reduce Project Contribution to Climate Change. Finding The City Council of the City of National City hereby finds that: (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (X) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR. Rationale for Finding As future development projects are proposed, the Westside Specific Plan would require new development to implement measures listed in MM AQ-4 to reduce GHG emissions from individual projects. As future projects implement these measures, overall GHG emissions through the life of the plan will be cut by a substantial amount. However, even with the project's reduced GHG emissions, when combined with the cumulative GHG emissions in the region and ultimately at the global level, the project's contribution would be considered cumulatively considerable and significant. Project -related impacts related to Cumulative Impact AQ4 would remain significant and unavoidable. For a full discussion of noise impacts, see Chapter 3.3 of the Westside Specific Plan Draft EIR and any revisions contained in Chapter 3 of the final FIR.. Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 3-16 Considerations icFaas mace City of National City 3.0 Findings Regarding Significant Effects Impact N0I-1: Exceed a Noise Standard and Result in a Substantial Temporary Increase in Noise Levels (Construction) The proposed project would not directly result in new construction within the plan area. However, construction associated with future projects proposed under the project would create noise from activities such as ground clearing, grading, hauling materials to the site, constructing foundations and structures, and finishing work. The magnitude of the increases would depend on the type of construction activity, the noise level generated by various pieces of construction equipment, site geometry (i.e., shielding from intervening terrain or other structures), and the distance between the noise source and receiver. Noise levels of this magnitude would be temporary in nature and would cease once construction was completed. The City's noise ordinance exempts construction activities from the noise standard (providing that such activities take place between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday) but limits construction noise to no more than 75 dBA at type 1 residential properties and 85 dBA at type 2 residential/commercial properties. Construction noise dependent on location from the closest sensitive receptor could exceed these noise levels and would require mitigation measures to reduce noise levels to the greatest extent practicable (mitigation measures are presented below). However, even with the inclusion of mitigation measures, construction noise could still exceed the City's construction thresholds. Individual projects could occur as an indirect result of the proposed project within the plan area, which in some cases may require demolition or construction of new structures that Would potentially result in a temporary increase in noise levels. Dependent on location, projects could exceed the City's noise thresholds presented in the City's Municipal Code Chapter 12.10.160 and would require mitigation measures to reduce noise levels to the greatest extent practicable. However, even with the inclusion of mitigation measures, construction noise could still exceed the City's noise ordinance. Therefore, impacts are considered potentially significant and unavoidable. Proposed Mitigation MM N0I-1: Implement Construction Noise Reduction Measures. Mitigation measures MM NOI-1.1 through MM NOI-1.8 shall be implemented as applicable to future projects proposed within the Westside Specific Plan area. MM N0I-1.1: Equipment Sound Attenuation. All noise -producing construction equipment and vehicles using internal combustion engines shall be equipped with mufflers, air -inlet silencers where appropriate, and any other shrouds, shields, or other noise -reducing features in good operating condition that meet or exceed original factory specification. Westside Specific Plan February/ 2010 Findings of Fact and Statement of Overriding 3-17 Considerations ICFAS440.08 P7n City of National City 3.0 Findings Regarding Significant Effects Mobile or fixed "package" equipment (e.g., arc -welders, air compressors) shall be equipped with shrouds and noise control features that are readily available for that type of equipment. MM NOI-1.2. Use of Electrical Equipment. Electrically powered equipment shah be used instead of pneumatic or internal combustion powered equipment, where feasible. MM N0I-1.3. Distance from Sensitive Receptors. Material stockpiles and mobile equipment staging, parking, and maintenance areas shall be located as far as practicable from noise -sensitive receptors. MM NOI-1.4. Construction traffic Speeds. Construction site and access road speed limits shall be established and enforced during the construction period. MM NOI-1.5. Hours of Construction. Construction operations shall not occur between 7:00 p.m. and 7:00 a.m. Monday through Friday, or at any time on weekends or holidays. The hours of construction, including noisy maintenance activities and all spoils and material transport, shall be restricted to the periods and days permitted by the local noise or other applicable ordinance. Noise -producing construction activity shall comply with, or in special circumstances obtain exemptions from, local noise control regulations affecting construction activity. MM NOI-1.6. Use of Noise -Producing Signals. The use of noise - producing signals, including horns, whistles, alarms, and bells, shall be for safety warning purposes only. MM NOI-1.7. Use of Public Address or Music Systems. No project - related public address or music system shall be audible at any adjacent sensitive receptor. MM NOI-1.8. Noise Complaint Process. The onsite construction supervisor shall have the responsibility and authority to receive and resolve noise complaints. A clear appeal process to the owner shall be established prior to construction commencement that will allow for resolution of noise problems that cannot be immediately solved by the site supervisor. Findinu The City Council of the City of National City hereby finds that: (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EHL r==_ - _; r_z__-_ - --- Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 3-1 S Considerations iewss "0.0e City of National City 3.0 Findings Regarding Significant Effects () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (I) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR. Rationale for Finding Construction noise dependent on location from the closest sensitive receptor could exceed these noise levels and would require mitigation measures to reduce noise levels to the greatest extent practicable. However, even with the inclusion of mitigation measures MM N0I-1.1 through MM N0I-1.8, construction noise could still exceed the City's construction thresholds. Therefore, Impact NOI-1 would be considered significant and unavoidable. Impact NOI-2: Exceed a Noise Standard (Operation) Rail noise was calculated using the FTA's Rail Noise Model using existing schedules for the San Diego Metropolitan Transit System's (MTS) Blue line Trolley schedule (San Diego MTS 2007). Based on this modeling, new residential developments within approximately 150 feet of the mil line experience an exterior noise level of 55 dBA Leg or higher. This noise level would exceed the City's thresholds for exterior noise levels. Therefore, impacts would be potentially significant and unavoidable, and mitigation measures would have to be included to reduce noise levels at sensitive receptors. Proposed Mitigation MM N0I-2: Trolley Line Noise Study. Prior to approval of final site design, any project located within 300 feet of or with direct line of sight to the existing MTS Trolley Line shall perform a noise study conducted by a qualified noise consultant to determine potential impacts on noise -sensitive land uses. Finding The City Council of the City of National City hereby finds that: Westside Specific Plan J G� Findings of Fact and Statement of Overriding 3-19 Considerations ICFAS 440.08 P32 City of National City 3.0 Findings Regarding Significant Effects (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final Ella. () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (X) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EM Rationale for Finding While AIM NOI-2 would require the preparation of a noise study if a project is within 150 feet of the rail line, there is no assurance that feasible mitigation will be identified at the project level. Therefore, Impact NOI-2 would remain significant and unavoidable. Impact NOI.3: Excessive Groundborne Vibrations or Groundborne Noise Individual projects could occur as an indirect result of the proposed project within the plan area, which in some cases may require demolition or construction of new structures that would potentially result in a temporary increase in vibration and noise levels. The City's Municipal Code Title 12 Chapter 12.10.180 sets vibration thresholds that could be exceeded as a result of future construction or future projects. Proposed Mitigation AIM NOI-3: Vibration Study. Prior to approval of final site design, any project proponent that would propose driving pilings or performing an action that could cause substantial vibrations shall perform a vibration study conducted by a qualified vibration consultant to determine potential impacts on surrounding vibration -sensitive land uses and identify mitigation measures as appropriate. Finding The City Council of the City of National City hereby fords that: Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 3-20 Considerations cv.ss 440.08 City of National City 3.0 Findings Regarding Significant Effects (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final Elk () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (I) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR. Rationale for Finding While MM N0I-3 would require the preparation of a vibration study if a project proposes construction with substantial vibration, there is no assurance that feasible mitigation will be identified at the project level. Therefore, Impact N0I-3 would remain significant and unavoidable. Impact N0I-4: Permanent Increase in Ambient Noise The proposed project would result in an increase to the future 65 dBA CNEL contour on the local roadway network. Although future project design would ensure interior noise levels do not exceed interior noise standards, portions of sites that abut major roadways would experience significant noise at locations adjacent to major streets. For projects that may experience substantial noise where the project abuts streets, mitigation may be proposed at the project level. However, at the program level, no mitigation is feasible. With the proposed project, traffic noise would result in a substantial permanent increase in ambient noise levels within the project vicinity and this increase would be significant. Proposed Mitigation MM N0I-4: Traffic Noise Study. For noise sensitive projects within 100 feet of the centerline of Civic Center Drive and Wilson Drive, within 150 feet of the centerline of Plaza Boulevard, within 250 feet of the centerline of National City Boulevard, within 350 feet of Mile of Cars Way/24 b Street, or within 1,200 feet of Interstate 5, a noise study shall be prepared to determine the estimated noise levels on -site and to identify any feasible project -level mitigation measures to reduce noise impacts to a level less than significant. Westside Specific Plan 3 2t February 2010 Findings of Fact and Statement of Overriding Considerations ICFAS 440.08 P34 City of National City 3.0 Findings Regarding Significant Effects Finding The City Council of the City of National City hereby finds that: (I) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final R R. () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (X) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR. Rationale for Finding While MM NOI4 would require the preparation of a traffic noise study if a project is within a certain distance from a major roadway, there is no assurance that feasible mitigation will be identified at the project level. Therefore, Impact N0I-4 would remain significant and unavoidable. Cumulative Impact N0I-1: Cumulative Construction Noise Construction of other related projects concurrently with nearby development projects could cumulatively increase noise levels and adversely affect nearby noise -sensitive uses. The proposed projects contribution to cumulative noise impacts would be significant. Proposed Mitigation MM N0I-1: Implement Construction Noise Reduction Measures. MM N0I-3: Vibration Study. Finding The City Council of the City of National City hereby finds that ate: - — = a —�-- _s —._ - _- Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 3-22 Considerations icr as 440.08 City of National City 3.0 Findings Regarding Significant Effects (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR. () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (X) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final E1R Rationale for Finding While MM NOI-1 would require several noise attenuation measures to reduce construction noise and MM NOI-3 would require the preparation of a vibration study if a project is proposing pile driving or other actions that would cause strong vibrations, there is no assurance that MM NOI-1 would reduce all construction noise to less than significant or that MM NOI-3 would reduce vibration noise to less than significant. Consequently, when construction projects within the Westside Specific Plan are combined with cumulative projects in the area, a cumulatively considerable impact could occur. Therefore, Cumulative Impact N0I-1 would remain significant and unavoidable. Traffic and Circulation For a full discussion of traffic impacts, see Chapter 3.1 of the Westside Specific Plan Draft EIR and any revisions contained in Chapter 3 of the final EIR. Cumulative Impact TR-1: 1-5 Freeway Segments A Freeway Mainline Analysis was conducted to determine if the proposed project would contribute to a cumulatively considerable impact on I-5. Table 3.1-15 in Section 3.1 of the draft EIR contrasts the freeway segment delays in 2030 without and with the project. The analysis determined that the project would contribute to a significant cumulative impact at the following segments: ■ I-5 north of Civic Center Drive (LOS F(2) during the AM peak hour and E during the PM peak hour in the northbound direction and LOS F(3) in the southbound direction during the PM peak hour). Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 3-23 Considerations cF as aao.oa P36 City of National City 3.0 Findings Regarding Significant Effects ■ I-5 between Civic Center Drive and 24th Street (LOS F(0) northbound direction during the AM peak hour and LOS F(1) in the southbound direction during the PM peak hour). w I-5 between 24th Street and SR 54 (LOS F(0) northbound direction during the AM peak hour and LOS F(1) in the southbound direction during the PM peak hour). Proposed Mitigation No feasible mitigation was identified during the environmental analysis or in subsequent comments on the draft EIR. Finding The City Council of the City of National City hereby finds that: () Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR. () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (X) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the fmal EIR. Rationale for Finding No feasible mitigation is available for the I-5 freeway cumulative impacts North of Civic Center Drive, Civic Center Drive to 24`h Street, and 2e Street to SR-54. Caltrans does not have an existing impact fee program to mitigate cumulative impacts along the I-5 South Corridor. The City is planning to participate in a multijurisdictional effort to identify options to address this cumulative impact. However, without an existing work plan in place and a corresponding impact fee program, fair share mitigation is not a feasible mitigation measure at this time. The project's incremental contribution (Cumulative Impact TR-1) would be cumulatively significant and unavoidable. Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 3-24 Considerations ICFAS 440.08 I-- City of National City Biological Resources 3.0 Findings Regarding Significant Effects For a full discussion of biological impacts, see Chapter 3.5 of the Westside Specific Plan Draft EIR and any revisions contained in Chapter 3 of the final EIR. Impact 1310-1: Special -Status Species Although no special -status species were observed during the wetland delineation and habitat assessment, potentially suitable riparian habitat is present within the plan area for the following special -status species: Belding's savannah sparrow, light-footed clapper rail, California least tern (foraging), and salt marsh bird's beak. Proposed Mitigation MM BI0-1: Focused Surveys. Prior to the issuance of any grading, building, or other construction permit within the proposed plan area, a habitat assessment shall be conducted for the parcel to determine whether the potential exists for special -status species to occur. If the habitat assessment identifies potentially suitable habitat for special -status species, a focused survey shall be conducted by a qualified biologist to determine whether special -status species occur within the plan area. If no species are observed or detected during focused surveys, additional mitigation shall not be required. However, if special -status species are observed/detected, project -specific mitigation measures shall be formulated and required to mitigate impacts on special -status species to below a level of significance. Coordination/consultation with the USFWS under ESA and the CDFG under CESA shall be required for any proposed impacts on federally listed and/or state listed species, respectively. MM BI0-3: Resource Agency Permits/Approvals. If restoration/revegetation efforts are proposed that would result in impacts on riparian vegetation, permits/approvals would be required from one or more of the following agencies: USACE, CDFG, and RWQCB. Prior to implementation of individual restoration/revegetation projects, permits/approvals shall be obtained from the resource agencies, or documentation shall be obtained from these agencies indicating that permits/approvals are not required. Finding The City Council of the City of National City hereby finds that: Westside Specific Plan Februan/ 2010 Findings of Fact and Statement of Overriding 3-25 Considerations ICFAS 440.08 P38 City of National City 3.0 Findings Regarding Significant Effects (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially Iessen the significant environmental effect as identified in the final EIR. () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. () Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR- Rationale for Finding Implementation of mitigation measures MM BIO-1 through MM BIO-3 would reduce impacts on special -status species to a less -than -significant level by requiring focused surveys to determine the presence of special status species and then by requiring consultation with the wildlife agencies to determine how best to avoid impacts on sensitive species. These measures, combined with the Westside Specific Plan's goal of preserving Paradise Creek, would ensure a significant impact would not occur on special status species (Impact BIO-1). Impact BIO-2: Nesting Bird/Raptor Habitat The plan area provides suitable nesting habitat for birds and raptors protected under the MBTA. Direct impacts (through loss of habitat) and indirect impacts (through increased noise and dust during construction) on nesting birds/raptors resulting from the implementation of specific development projects within the proposed plan area would be considered significant. Proposed Mitigation WY, BIO-2: Preconstruction Nesting Bird Surveys. If construction activities occur between January 15 and August 31, a preconstruction survey (within three days prior to construction activities) shall be conducted by a qualified biologist to determine if active nests are present within or adjacent to the plan area proposed for development in order to avoid the nesting activities of breeding birds/raptors. If nesting activities within 200 feet of the proposed work area are not detected, construction activities may proceed. If nesting activities are confirmed, construction activities shall be delayed within an appropriate buffer from the active nest until the young birds have fledged and left the nest or until the nest is no longer active as determined'oy a qualified biologist. The size of the Westside Specific Plan Feimrary 1010 Findings of Fact and Statement of Overriding 3-26 Considerations ewes uo.oe .In City of National City 3.0 Findings Regarding Significant Effects appropriate buffer shall be determined by a qualified biologist, but shall be at least 25 feet. Finding The City Council of the City of National City hereby finds that: (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EM () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. () Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR. Rationale for Finding Implementation of the mitigation measures MM BIO-2 will reduce impacts on nesting birds (Impact BIO-2) to a less -than -significant level by ensuring nests are identified prior to any construction activity and then by ensuring a buffer is established to avoid disturbing a nest. Impact 13I0-3: Natural Habitat The plan area is primarily developed but supports some undeveloped areas, most notably Paradise Creek, which supports southern coastal salt marsh (a riparian habitat). The Specific Plan includes requirements that all new development be set back from Paradise Creek in coordination with CDFG to protect against impacts on the Creek and its associated riparian habitat. Once specific development is proposed, the provided buffers would be reviewed by the City and CDFG to ensure a significant impact does not occur to Paradise Creek. Similarly, the Specific Plan also allows for restoration/revegetation efforts within and adjacent to Paradise Creek, which have the potential to result in significant impacts on riparian habitat. In addition, specific development projects within other undeveloped areas of the Plan area could result in impacts on sensitive natural communities. Westside Specific Plan Febrw v 2)010 Findings of Fact and Statement of Overriding 3-27 Considerations IcFAS uo.os P40 City of National City 3.0 Findings Regarding Significant Effects Proposed Mitigation MM BIO-1: Focused Surveys. MM BIO-2: Preconstruction Nesting Bird Surveys. MM BIO-3: Reso■arc? Agency I P ermits/Approvals. MM BI04: Habitat Assessment/Biology Report. During the application process of future development projects within the Plan area, a habitat assessment shall be conducted when warranted in areas undisturbed by prior development to determine whether sensitive natural communities (including riparian vegetation) are present. If the habitat assessment identifies sensitive natural communities, a biological report shall be prepared to address impacts on sensitive natural communities resulting from the proposed project. The report shall identify mitigation measures to reduce all significant impacts to below a level of significance to the greatest extent feasible. If no sensitive natural communities are observed during the habitat assessment, additional mitigation shall not be required. MM BIO-5: Trail Restrictions. Trails shall be kept out of the jurisdictional wetland areas and in areas of biological sensitivity. Biological sensitivity shall be determined by a qualified biologist in consultation with the wildlife agencies as appropriate. Trails shall be sensitively placed to consider biological and/or cultural resources areas along Paradise Creek and aligned roughly perpendicular to the length of the creek (i.e. spur trails). There interpretive areas and spur trails shall avoid biologically sensitive areas or areas with strong potential for effective habitat restoration and enhancement of species diversity. MM BIO-6: Install Fencing and Signage. Permanent fencing shall be installed at the outside edge of the riparian area. The type, placement, and height of such fencing shall be determined in consultation with the project biologist and the wildlife agencies. The fencing shall be designed to restrict human and domestic animals encroachment in the adjacent habitat (including not permitting picnic areas within sensitive resource areas). The signage shall inform people that sensitive habitat lie beyond the fencing and entering the area is prohibited by law. MM BIO-7: Placement of Post Construction BMPs and Discharge of Water Runoff. All post construction structural BMPs shall be located outside the wetland and the riparian corridor. Furthermore, all filtration and attenuation of surface flows provided by the proposed BMPs shall occur prior to the discharge of the flows into the rivarian areas. MM BIO-8: Lighting Restrictions. No additional lighting shall be provided within the vicinity of both upland and wetland sensitive habitats, and where feasible, any existing lighting within such areas shall be removed. The definition of "vicinity" shall be determined by a qualified biologist and the determination supported with substantial evidence. Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 3-28 Considerations icFAS "0.0e City of National City 3.0 Findings Regarding Significant Effects MM BIO-9: Attenuation of Construction Noise. hi addition to implementing MM NOI-1, future construction activities, including construction staging areas, shall employ methods to reduce construction noise and operational noise levels at the edge of sensitive resources that may include temporary noise attenuation barriers and other measures that would reduce noise levels to an acceptable level as determined by the project biologist in consultation with CDFG. MM BIO-10: Attenuation of Operational Noise. Excessive noise generating sources shall be located away from the Paradise Creek riparian areas to maintain existing ambient noise levels. "Excessive" noise sources shall be defined as sources which exhibit noise levels in excess of 65 dBA CNEL (or 65 dBA 1-hour Leq) at or beyond the edge of the environmentally sensitive area. Possible examples of such sources include but are not limited to cargo delivery and pick- up areas, HVAC systems, sirens or other warning systems, and communication systems. If noise levels at the environmentally sensitive area are suspected of being greater than 65 dBA Leq, a noise study shall be prepared and measures recommended demonstrating how construction noise can be reduced. MM BIO-11: Landscape Requirements. In areas of sensitive habitat, proposed landscaping palettes shall consist of native and drought -tolerant plants and vegetation. Exotic and invasive plants, as identified on the California Invasive Plant Council's (Cal-IPC) Invasive Plant Inventory shall not be used. Landscaping adjacent to the Paradise Creek riparian area shall be drought - tolerant and use minimal fertilizers and pesticides. As required by MM BIO-7, water runoff shall be directed away from the buffer area and contained and/or treated with the development footprint .All new development shall comply with the City's Water Efficient Landscape Ordinance, Chapter 18.54 of the Land Use Code. MM BIO-12: Use of Non -Reflective Glass. Development adjacent facing Paradise Creek shall incorporate the use of non -reflective glass for window design. MM BIO-13: Limit on Building Heights Adjacent to Paradise Creek. Building heights within 175 feet of the outside edge of the jurisdictional riparian habitat shall be limited to a maximum of 50 feet with stepping back of the upper units or stories, or angling buildings to reduce the potential for excessive shading. Measures shall be incorporated into the building design to prevent predator perching. Buildings or components of buildings proposed more than 175 feet from the creek shall not be restricted to this height condition, but would meet the height limits for the zone of 60-feet identified in the Westside Specific Plan. MM BIO-14: Low Impact Development Water Quality and Hydrology Measures. All subsequent development along Paradise Creek shall adhere to low impact development (LID) criteria as defined by current storm water best management practices which emphasize retention of rain on or near the site and consideration of use of pervious surface treatments. Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 3-29 Considerations ICFAS 4058 P42 City of National City 3.0 Findings Regarding Significant Effects Finding The City Council of the City of National City hereby finds that: (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR. () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. () Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR. Rationale for Finding Implementation of the mitigation measures would reduce impacts on natural habitat to a less -than -significant level by avoiding and minimizing impacts on sensitive habitat. Implementing MM 11I0-1 through MM BIO-14 would help avoid indirect and direct impacts from future development projects. These measures, combined with the Westside Specific Plan's goal of preserving Paradise Creek and other habitat areas, would ensure a significant impact would not occur on natural habitat (Impact BI0-3). Impact BIO-4: Jurisdictional Waters The plan area is primarily developed but supports some undeveloped areas, most notably Paradise Creek. Any potential impacts on the Creek would be regulated by USACE, CDFG, and RWQCB. The Specific Plan also allows for restoration/revegetation efforts within and adjacent to Paradise Creek, which have the potential to result in significant impacts on jurisdictional watlands/waters. Prior to any efforts to restore or revegetate Paradise Cf eek, consultation with USACE, CDFG, and RWQCB would be required. Proposed Mitigation MM BIO-1: Focused Surveys. MM BI0-2: Preconstruction Nesting Bird Surveys. c- =--- I_1r s-._-- - Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 3-30 Considerations ieuas moos City of National City 3.0 Findings Regarding Significant Effects MM BIO-3: Resource Agency Permits/Approvals. MM BI04: Habitat Assessment/Biology Report. MM BI0-5: Trail Restrictions. MM BIO-6: Install Fencing and Signage. MM BIO-7: Placement of Post Construction BMPs and Discharge of Water Runoff. MM BIO-8: Lighting Restrictions. MM BIO-9: Attenuation of Construction Noise. MM BIO-10: Attenuation of Operational Noise. MM BIO-11: Landscape Requirements. MM BIO-12: Use of Non -Reflective Glass. MM BIO-13: Limit on Building Heights Adjacent to Paradise Creek. MM BIO-14: Low Impact Development Water Quality and Hydrology Measures. Finding The City Council of the City of National City hereby finds that: (I) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR. () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. () Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR. Westside Specific Plan T February 2010 Findings of Fact and Statement of Overriding 3-31 Considerations ICFAS 440.08 P44 City of National City 3.0 Findings Regarding Significant Effects Rationale for Finding Implementation of the mitigation measures would reduce impacts on jurisdictional waters to a less -than -significant level. Implementing MM BIO-1 through MM BIO-14 would help avoid indirect and direct impacts on jurisdictional waters from future development projects. These measures, combined with the Westside Specific Plan's goal of preserving Paradise Creek and the jurisdictional weiiand, would ensure a significant impact wotid not occur on jurisdictional waters. Impact 11I0-4 would be reduced to less than significant. Cultural Resources For a fun discussion of cultural resource impacts, see Chapter 3.4 of the Westside Specific Plan Draft EIR and any revisions contained in Chapter 3 of the final EIR. Impact CUL-1: Historic Buildings There are potentially historic buildings and structures within the plan area. Future development, as permitted under the development standards proposed in Westside Specific Plan, would significantly impact potentially historic buildings and structures. Proposed Mitigation MM CUL-1: Historic Building/Structure Evaluation. Prior to future project approval and the issuance of any construction permit within the Westside Specific Plan area, including but not limited to a demolition or building permit, if research indicates that the onsite building(s) or structure(s) is 45 years or older, the applicant shall be required to conduct an evaluation of the onsite building(s) or structure(s) to determine if it is eligible for inclusion in the state or local historical registers. The evaluation shall be performed by a historian or architectural historian who meets the Secretary of Interior's Professional Qualification Standards for Historic Preservation Professionals. The historian/architectural historian shall consult with knowledgeable local groups (e.g. Save Our Heritage Organisation, National City Historical Society, San Diego Historical Society, and others) and individuals, appropriate archives, and appropriate repositories in an effort to identify the original and subsequent owners as well as the architect and the builder to establish whether any of these individuals played important roles in local or regional history (criterion B). .Additionally the physical characteristics and condition of the building or structure shall be evaluated under criterion (C), and those judged to possess "the Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 3-32 Considerations IeFJO "0.0e City of National City 3.0 Findings Regarding Significant Effects distinctive characteristics of a type, period, region, or method of construction" shall be further assessed for integrity and context. The results of the archival research and field assessment shall be documented in an evaluation report. This report will explicitly state whether the resource is eligible for either state or local historical registers and shall also make specific recommendations as appropriate. The historian/architectural historian shall complete the necessary California Department of Parks and Recreation (DPR) site forms (minimally Primary Record and Building/Structure/Object Record; others as required) and include as an attachment to the report. Copies of the DPR site forms shall be submitted to the California Historical Resource Information System via the SCIC, an auxiliary of San Diego State University. Finding The City Council of the City of National City hereby finds that: (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR, O Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. () Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR. Rationale for Finding Prior to disturbing a potentially historic structure, an evaluation would be conducted to determine if the structure is historical. Specifically, the report would explicitly state whether the resource is eligible for either state or local historical registers and would make specific recommendations, as appropriate, to ensure a significant impact does not occur. Therefore, implementation of MM CUL-1 would ensure Impact CUL-1 is less than significant. Impact CUL-2: Archaeological Resources No prehistoric archaeological sites have been recorded at SCIC within the plan area. The most extensively studied areas are in the southern and southeastern Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 3-33 Considerations CFAB "0.08 P46 City of National City 3.0 Findings Regarding Significant Effects portions along the Sweetwater River channel and in the northwestern sector within the 32 a Street Naval Base. However, the presence of the freshwater Paradise Creek would have been attractive to prehistoric populations, and temporary campsites and/or resource extraction sites would be expected near this water course. The .—.-al absence of Phase I or II archaeological studies within the plan area is due to the fact that relatively few of the parcels have undergone substantive development since the implementation of CEQA. H19weveic, the absence of recorded prehistoric or historic sites does not mean that cultural resources are not present within the plan area. There are no known historic archaeological resources on site; however, building dates are unavailable for 184 parcels, and it is likely that most or all of these pre- date 1909 (the earliest year for which a building date is given). While it is unlikely that all 184 parcels had dwellings built on them prior to 1909, those that did must have relied on wells or cisterns for their water supply. There were also limited waste disposal options in the late 1800s and early 1900s; these included privy pits and septic systems as well as trash pits or simply discarding trash in vacant lots or canyons. When piped water and sewerage systems were brought into these neighborhoods, the abandoned wells and cisterns were frequently used as convenient places for trash disposal. Current research was unable to determine exactly when municipal water and sewer systems became available within the plan area, but it may have been as late as the 1920s. Based on this analysis, many of the parcels within the plan area may contain potentially significant subsurface archaeological resources. Proposed Mitigation MM CUL-2: Archaeological Letter Report. Prior to future project approvals and the issuance of any construction permits including but not limited to a grading permit, future construction projects within the Westside Specific Plan area shall obtain a qualified archaeologist to conduct a pedestrian survey and records search to determine the potential for the plan area containing significant archaeological resources. A qualified archaeologist shall be a registered professional archaeologist and possess an advanced degree in archaeology, history, or a related discipline. The findings from the pedestrian survey and records search shall be included in a brief archaeological letter report. The report shall conclude if the site has a low, moderate, or high potential to contain prehistoric and historic archaeological resources. Sites characterized with a low potential shall not be required to perform any additional investigative work nor implement any mitigation related to archaeological resources. Sites with a moderate to high potential shall undergo test and evaluation to determine if potentially significant archaeological resources are on site. If a resource is discovered on site and is determined significant based on the evaluation, the site shall be avoided or the qualified archaeologist shall prepare a data recovery plan Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 3-34 Considerations WAS 440.09 City of National City 3.0 Findings Regarding Significant Effects and require archaeological monitoring during excavation activities, as determined necessary. The details of the data recovery plan or mitigation monitoring shall be tailored to the specific circumstances at the site and shall be designed to reduce project -level impacts on archaeological resources to a level less than significant. Finding The City Council of the City of National City hereby finds that: (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR. () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. () Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR. Rationale for Finding Prior to future project approvals and the issuance of any construction permits including but not limited to a grading permit, an evaluation would be conducted to determine if the project site has a low, moderate, or high potential for containing archaeological resources. If the evaluation concludes that there is a moderate or high potential, additional study and mitigation would be required. Therefore, mitigation measure MM CUL-2 would reduce Impact CUL-2 to less than significant. Impact CUL-3: Paleontological Resources The study area is mapped as primarily underlain by Pleistocene -age nearshore marine deposits of the Bay Point Formation. Exceptions include the area along Paradise Creek drainage and the low-lying area west of Coolidge Avenue and generally north of West 17ei Street. These two areas are mapped as underlain by modem alluvial and colluvial deposits (Kennedy and Tan 1977). Based on previous paleontological work in the Barrio Logan and Logan Heights areas of the City of San Diego, as well as the Las Palmas area of National City, the Bay Point Formation in this portion of the coastal plain is considered to have a moderate to high potential for yielding significant paleontological resources. Specific projects that would excavate more than 10 feet deep or disturb more a -RE_ 1 Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 3-35 Considerations ICFAS 440.08 P48 City of National City 3.0 Findings Regarding Significant Effects than 1,000 cubic yards of matrix would be considered to have a potentially significant adverse impact on paleontological resources. Proposed Mitigation MM CUL-3: Paleontological Letter Report. Prior to future project approvals and the issuance of any construction permits including but not limited to a grading permit, future construction projects within the Westside Specific Plan area proposing a cut depth greater than 10 feet and 1,000 cubic yards shall obtain a qualified paleontologist to review the proposed construction and grading information to determine if the project would have a moderate to high potential of encountering paleontological resources. A qualified paleontologist shall possess an advanced degree in geology, paleontology, or a related discipline, and shall state his/her professional opinion in a brief paleontological letter report. The report shall include a recommendation as to whether paleontological mitigation monitoring shall be required and provide feasible mitigation at the project level to ensure a significant impact on paleontological resources would not result from future development projects proposed under the Westside Specific Plan. Finding The City Council of the City of National City hereby finds that: (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EIIt () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. () Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR. Rationale for Finding Prior to future project approvals and the issuance of any construction permits including but not limited to a grading permit for projects that would excavate more than 10 feet deep or disturb more than 1,000 cubic yards of soil, a qualified paleontologist shall state his/her professional opinion in a brief paleontological letter report. The recommendations of the report will be required as mitigation Westside Specific Plan _ y February 2010 Findings of Fact and Statement of Overriding 3-36 Considerations WAS 440.08 City of National City 3.0 Findings Regarding Significant Effects for the project. Therefore, mitigation measure MM CUL-3 would reduce Impact CUL-3 to less than significant. Impact CUL-4: Human Remains The lack of information combined with appropriate prehistoric conditions means the possibility of unexpected human remains being present within the plan area cannot be categorically excluded. A significant impact would occur without mitigation. Proposed Mitigation MM CUL-2: Archaeological Letter Report. Finding The City Council of the City of National City hereby finds that: (1) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR. () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. () Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR. Rationale for Finding Prior to future project approvals and the issuance of any construction permits including but not limited to a grading permit, an evaluation would be conducted to determine if the project site has a low, moderate, or high potential for containing archaeological resources. If the evaluation concludes that there is a moderate or high potential, additional study and mitigation would be required. Therefore, mitigation measure MM CUL-2 would reduce Impact CUL4 to less than significant. Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 3-37 Considerations ICFAS 440.08 P50 City of National City 3.0 Findings Regarding Significant Effects Hazards and Hazardous Materials For a fall discussion of hazards and hazardous materiais,impacts, see Chapter 3.91 of the Westside Specific Plan Draft EIR and any revisions contained in Chapter 3 of the final EIR. Impact HAZ- I : Create a Significant Hazard The hazardous materials record search confirmed that historical industrial and commercial uses in the plan area have resulted in soil and groundwater contamination. Although existing industrial uses would be removed from the Westside Specific Plan area over time, and new industrial uses would not be permitted if the proposed project is approved, redevelopment of existing contaminated sites would potentially pose a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. Therefore, because the project would promote the redevelopment of parcels within the plan area, several of which have been subject to contamination, impacts from the redevelopment of such parcels would potentially result in a significant impact during grading, trenching, and general construction. Proposed Mitigation MM HAZ-1: Phase I Environmental Site Assessment. Prior to future project approvals and when there has been identified prior use of hazardous material on site or in close proximity or other factors are present which indicate contaminated soils exist a Phase I Environmental Site Assessment (ESA) shall be completed for the project site proposed for development or redevelopment within the Westside Specific Plan boundaries. The Phase I ESA shall include a comprehensive records search, consideration of historical information, onsite evidence of hazardous material use, storage, or disposal, and a recommendation as to whether a Phase II soil testing and chemical analysis is required. In addition, the Phase I ESA will review the permit status of nearby businesses to ensure they are in compliance and would not pose a potentially significant impact on proposed new development. MM HAZ-2: Phase H Environmental Site Assessment. If mitigation measure NM HAZ-1 requires a Phase II ESA, the Phase II ESA shall include, but not be limited to the following: x A work plan that includes the number and locations of proposed soil/monitoring wells, sampling intervals, drilling and sampling methods, analytical methods, sampling rationale, site geohydrology, field screening methods, quality control/quality assurance, and reporting methods. Where --_-_ —-=- --x Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 3-38 Considerations ICFAS 440.08 City of National City 3.0 Findings Regarding Significant Effects appropriate, the work plan is approved by a regulatory agency such as the DTSC, RWQCB, or County HMD. ■ A site -specific health and safety plan signed by a Certified Industrial Hygienist. ■ Necessary permits for encroachment, boring completion, and well installation. ■ Sampling program (fieldwork) in accordance with the work plan and health and safety plan. Fieldwork is completed under the supervision of a State of California registered geologist. a Hazardous materials testing through a state -certified laboratory. a Documentation including a description of filed procedures, boring logs/well construction diagrams, tabulations of analytical results, cross -sections, an evaluation of the levels and extent of contaminants found, and conclusions and recommendations regarding the environmental condition of the site and the need for further assessment. A remedial action plan will be developed as determined necessary by the Principal Investigator. Contaminated groundwater will generally be handled through the NPDES/dewatering process. ■ Disposal process including transport by a state -certified hazardous material hauler to a state -certified disposal or recycling facility licensed to accept and treat the identified type of waste. MM HAZ-3: Compliance with Local, State, and Federal Laws and Regulations (Phase III). In the event hazardous materials are determined to be present, the property owner, developer, or responsible party shall be required to contact the local CUPA or applicable regulatory agency to oversee the remediation of the property in compliance with all applicable local, county, state, and federal laws. The property owner, developer, or responsible party shall be responsible for funding or securing funding for the site remediation and shall provide proof to the City that the site contaminants have been properly removed in compliance with all applicable laws and regulations prior to project development. Finding The City Council of the City of National City hereby finds that: (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EM () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 3-39 Considerations ICFAS 090.08 P52 City of National City 3.0 Findings Regarding Significant Effects changes have been adopted by such other agency or can and should be adopted by such other agency. (} Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project altemanves identified in the final EIR Rationale for Finding Implementation of mitigation measures MM HAZ-1 through MM HAZ-3 would ensure that any impacts from the existing presence of hazardous materials would be avoided by remediating the site prior to construction. Therefore, Impact HAZ-1 would be less than significant. Impact HAZ-2: Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school Proposed land uses, including the implementation of new uses that comply with the acceptable land uses or acceptable substitution of non -conforming land uses (Municipal Code Section 18.108 and 18.108.100) would not permit new industrial uses that might emit or handle hazardous or acutely hazardous materials. However, new development allowed by the proposed project could occur on currently contaminated sites and trigger fin-ther release of hazardous materials by causing the lateral spread of contaminated soils or groundwater during ground disturbance. Such spreading could impact existing schools within the plan area. Proposed Mitigation MM HAZ-1: Phase I Environmental Site Assessment. MM HAZ-2: Phase II Environmental Site Assessment. MM iT�3. Compliance with Local, State, and Federal haws and Regulations (Phase III). Finding The City Council of the City of National City hereby fords that: r._= =_ --- -' X- Westside Specific Plan Februanj 2010 Findings of Fact and Statement of Overriding 3-40 Considerations cross 440.os City of National City 3.0 Findings Regarding Significant Effects (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EHL () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. () Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR. Rationale for Finding Implementation of mitigation measures MM HA7,-1 through MM HAZ-3 would ensure that any impacts from the existing presence of hazardous materials would be avoided by remediating the site prior to construction. Therefore, Impact HAZ-2 would be less than significant. Findings of Fact and Statement of Overriding 3-41 Considerations ICFJSS 440.08 P54 Overview Chapter 4 Findings on Project Alternatives Chapter 7 of the draft EIR (with revisions in Chapter 3 of the final EIR) discusses a reasonable range of alternatives to satisfy Section 15126.6 of the CEQA Guidelines, which states that an "EIR shall describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project." As such, the alternatives discussed within Chapter 7 meet most of the proposed project objectives and would either avoid or reduce some of the significant effects of the proposed project. In addition, as required by CEQA, the No Project Alternative is included in the analysis. All four alternatives have been qualitatively analyzed at a level that provides sufficient information about the environmental effects of each alternative for comparative purposes and to allow for informed decision -making. The alternatives identified for the Westside Specific Plan are: r Alternative 1--No Project Alternative ■ Alternative 2—No Mixed -Use Alternative e Alternative 3—Reduced Buildout Alternative r Alternative 4—Retain and Expand Industrial Uses Alternative Alternatives considered and rejected from further comparison because they did not meet several of the main project objectives, did not reduce a significant environmental impact, or were infeasible, include the following: a Transfer of Development Rights Alternative ® Multi -family Residential Only (No Single -Family Residential) Alternative • Cluster Development and Increased Open Space Alternative e Alternative Site Selection Alternative Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 4-1 Considerations ewes aao.as City of National City 4.0 Alternatives to the Project CEQA Project Objectives and Section Criteria The proposed project's objectives were developed based on the community planning process described in Chapter 2, "Project Description." Objectives are numbered 1 through 8 for ease of reference within this chapter. 1. Preserve and enhance the residential characteristics of the Westside. 2. Allow new residential development that is compatible with the neighborhood's traditional architecture, scale, and massing. 3. Allow new building heights up to five stories in the MCR-2 zone. 4. Allow mixed uses that increase neighborhood activity and engagement as well as create a living environment where people can walk for goods, services, recreation, and transit. 5. Reduce co -location of housing with businesses that use, store, or generate hazardous materials. 6. Buffer housing from freeway emissions and noise. 7. Reduce environmental impacts on Paradise Creek. 8. Actively enforce the City's Municipal Code Section 18.108 and 18.108.100 (Substitution of Non -Conforming Uses) as part of the development review process for existing projects requiring permit renewals and for future proposed projects within the Westside Specific Plan area. Alternative 1—No Project Alternative Evaluation of the CEQA-required No Project Alternative compares the impacts of the proposed project against the impacts of not approving the project. Under this alternative, any future projects within the 100-acre Westside neighborhood would be evaluated based on the existing land uses and zones applied to the neighborhood. As such, future development and land use improvements for the No Project Alternative would be evaluated according to the existing Light Manufacturing Residential (MLR), Light Manufacturing Planned Development (ML-PD), Civic Institutional Open Space (IC -OS), and Heavy Commercial (CH) land uses. The Open Space Reserve (OSR), Limited Commercial (CL), Civic Institutional (IC); and three new zones not currently used by the City — Residential Single -Family (RS-4), Mixed Use Commercial -Residential (MCR-1), and Mixed Use Commercial -Residential (Smart Growth Center, MCR-2;—would not be implemented. Westside Specific Plan Findings of Fact and Statement of Overriding 4-2 Considerations February 2010 ICFAS "0.08 P56 City of National City 4.0 Alternatives to the Project Finding The National City City Council hereby finds that specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make the No Project Alternative infeasible. Facts in Support of Finding When compared against the proposed project, the No Project Alternative would result in greater environmental impacts on air quality, biological resources, and hazards and hazardous materials. In addition, the No Project Alternative would not meet most of the project objectives (1, 2, 3, 4, 5, 7, and 8), which include reducing the co -location of housing with businesses that use, store, or generate hazardous materials. For these reasons, the proposed project is preferred to the No Project Alternative. Alternative 2—No Mixed -Use Alternative Finding The No Mixed -Use Alternative considers replacing the Mixed -Use Commercial - Residential (MCR-1) and Mixed Use Commercial -Residential (Smart Growth Center, MCR-2) zones with Residential Single -Family (RS-4) to reduce significant project impacts associated with air quality and traffic. The City's non -conforming use ordinance and Paradise Creek Restoration Plan would still apply to the plan area; and the proposed Limited Commercial (CL), Civic Institutional (IC), and Open Space Reserve (OSR) land uses would remain unchanged from the proposed project. The National City City Council hereby finds that specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make the No Mixed -Use Alternative infeasible. Facts in Support of the Finding Although the No Mixed -Use Alternative would reduce impacts on air quality and traffic, this alternative does not achieve objectives 3 or 4, which are targeted to encourage smart growth opportunities within the Westside neighborhood by Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 4-3 8;FJ88440.08 Considerations City of National City 4.0 Alternatives to the Project r _ allowing building heights up to five stories in the mixed -use (MCR-2) zone; encouraging a mix of land uses, including office and commercial, to support neighborhood activities and walkability; and encouraging density near mass transit. For these reasons, the proposed project is preferred to the No Mixed -Use Alternative. Alternative 3—Reduced Buildout Alternative Finding The Reduced Buildout Alternative evaluates impacts of the proposed Westside Specific Plan using a similar land use plan, but with half the density/intensity of development. The Reduced Buildout Alternative considers a buildout of approximately 829 single- and multi -family residential units and 2,869 new residents. Office and commercial development also would be reduced by half, resulting in 334,570 square feet of office and 446,094 square feet of retail. Tbis alternative would reduce impacts associated with traffic, circulation, and parking; air quality; and noise. The National City City Council hereby finds that specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make the Reduced Buildout Altemative infeasible. Facts in Support of the Finding Although the Reduced Buildout Alternative would reduce impacts on air quality, noise, and traffic, this alternative does not achieve objectives 3 or 4, which are targeted to encourage smart growth opportunities within the Westside neighborhood by allowing building heights up to five stories in the mixed -use (MCR-2) zone; encouraging a mix of land uses, including office and commercial, at an intensity that would support a jobs -housing balance and promote walkability; and encouraging density near mass transit to offer alternatives to automobile use. For these reasons, the proposed project is preferred to the No Mixed -Use Alternative. Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 4-4 Considerations WAS "0.08 P58 City of National City 4.0 Alternatives to the Project Alternative 4—Retain and Expand Industrial Uses Alternative Finding The Retain and Expand Industrial Uses Altemativc would involve a land use plan that (1) encouraged removal of the Residential Single -Family land use designation at.'. RS-4 zone and (2) did not propose mixed -use residential land use designations and the MCR-1 and MCR-2 zones. Instead, these zones would be replaced with land uses that permit and encourage light -industrial uses, similar to the light -industrial and automobile -related uses currently within the Westside neighborhood. The purpose for this alternative is to avoid any co -location issues from a neighborhood mix of residential and light -industrial uses by removing the residential uses and replacing them with other light -industrial uses, thereby eliminating negative impacts on residential uses caused by the light -industrial uses and zones within the Westside neighborhood. The National City City Council hereby finds that specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make the Retain and Expand Industrial Uses Alternative infeasible. Facts in Support of the Finding The Retain and Expand Industrial Uses Alternative would not reduce any impacts identified for the proposed project. Moreover, this alternative does not achieve objectives 1, 2, 3, or 4, all which emphasize residential characteristics and smart growth. For these reasons, the proposed project is preferred over the Retain and Expand Industrial Uses Alternative. Environmentally Superior Alternative The Reduced Buildout Alternative evaluates impacts of the proposed Westside Specific Plan using a similar land use plan, but with half the density/intensity of development. The Reduced Buildout Alternative considers a buiidout of approximately 829 single- and multi -family residential units and 2,869 new residents. Office and commercial development also would be reduced by half, resulting in 334,570 square feet of office and 446,094 square feet of retail. This alternative is considered the Environmentally Superior Alternative, and would reduce impacts associated with traffic, circulation, and parking; air quality; and Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 4-5 ICFJ86 440.08 Considerations nrq City of National City 4.0 Alternatives to the Project noise. Table 4-1 provides a comparison matrix of the proposed projects impacts in comparison to the project alternatives. Table 4-1. Comparison of Project Alternative Impacts to Significant Proposed Project Impacts Reduced Buildout Alternative. Retain and Environmentally Expand No Project No Mixed -Use Superior Industrial Uses Environmental Alternative Alternative Alternative Alternative Analysis Issue Area (Alternative 1) (Alternative 2) (Alternative 3) (Alternative 4) Traffic, Circulation, and ParkingReduced Reduced Reduced Greater Air Quality Greater Reduced Reduced Greater Noise Mixed Similar Reduced Greater Cultural Resources Similar Similar Similar Similar Biological Resources Greater Similar Similar Greater Hazards and Hazardous Materials Greater Similar Similar Greater Effects Not Significant Mixed Similar Similar Greater Summary Finding Based on the alternatives discussion provided in the EIR and the information above, the City Council determines that the proposed project is the only feasible alternative that meets the project objectives listed in draft EIR (included above). The proposed project will seek to preserve and enhance the residential characteristics of the Westside; allow new residential development that is compatible with the neighborhood's traditional architecture, scale, and massing; allow new building heights up to five stories in the MCR-2 zone; allow mixed uses that increase neighborhood activity and engagement as well as create a living environment where people can walk for goods, services, recreation, and transit; reduce co -location of housing with businesses that use, store, or generate hazardous materials; buffer housing from freeway emissions and noise; and reduce environmental impacts on Paradise Creek. ;.-1-«-�.-�.s� Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 4-6 Considerations ICFJSS "0.08 P60 Chapter 5 Statement of Overriding Considerations Development under the proposed project would result in significant and unavoidable adverse impacts on air quality and noise. Significant and unavoidable adverse cumulative impacts would occur on air quality and climate change; noise; and traffic and circulation. There are no feasible mitigation measures within the responsibilities and jurisdiction of the City that would reduce these impacts to a level of less than significant. The final EIR has identified unavoidable significant impacts. Section 15093(b) of the State CEQA Guidelines specifies that when the decision of the public agency approves a project that will result in the occurrence of significant impacts that are identified in the EIR but are not avoided or substantially lessened, the agency must state in writing the reasons to support its action based on the completed EIR and/or other information in the record. Accordingly, the City adopts the following Statement of Overriding Considerations. The City recognizes that significant and unavoidable impacts would result from the implementation of the proposed project. Having (1) adopted all feasible mitigation measures; (2) rejected the alternatives to the project discussed above; (3) recognized all significant, unavoidable impacts; and (4) balanced the benefits of the proposed project against the significant and unavoidable effects, the City finds that the benefits outweigh and override the significant unavoidable effects for the reasons stated below. Any one of the reasons for approval is sufficient to justify approval of the proposed project. These reasons summarize the benefits, goals, and objectives of the proposed project. The substantial evidence supporting the various benefits can be found in the preceding findings and elsewhere in the Record of Proceedings. These overriding considerations of economic, social, environmental, and other benefits outweigh environmental costs and justify approval of the proposed project and certification of the EIR. Implementation of the W estside Specific Planwould further benefit the City cf National City, as follows: Social 1. The project would result in reestablishing the Westside as a safe, healthy, and vibrant neighborhood where people engage in community life. Westside Specific Plan Findings of Fact and Statement of Overriding 5-t ICFJ68 440.08 Considerations pFt City of National City 5.0 Statement of Overriding Considerations 2. The project would encourage single-family homes and small residential development with supporting retail services. This would achieve the vision of returning residential -turned -industrial properties to homes. 3. The project would allow for the future development of up to an additional 1,425 residential dwelling units. 4. The project would implement Paradise Creek as an important source of neighborhood pride and enjoyment by restoring habitat and zoning for compatible land uses on adjacent properties. 5. The project would further enhance neighborhood reestablishment by reducing the number of incompatible land uses by providing guidelines for amortization. 6. The project would allow for transforming the current Public Works Center into a transit -oriented infill affordable housing project. Economic 1. The project would allow for an increase in retail, commercial, and office space, which would provide opportunities to increase sales tax revenue and offer services to residents not currently available. 2. The project's proposed transit -oriented infill affordable housing project would contain an "incubator" component that would provide training and services that assist tenants in pursuing home ownership and higher paying jobs. 3. The project would result in job creation during construction phases, such as the construction of the transit -oriented infill affordable housing project. 4. The project would result in an increase in property taxes through redevelopment of underutilized and vacant parcels and through lot consolidation that would allow for compact residential and commercial development. Environmental 1. The project would result in minimizing adverse effects as the community grows by providing strategies for amortizing uses that would no longer be permitted with the land uses, which would be primarily auto body shops and auto repair shops. 2. The project would establish the planning framework to improve traffic and Pedestrian circulation to enhance mobility. 3. The project would enhance Paradise Creek as a public amenity and natural resource. 4. The project would improve air quality through the discontinuance and amortization of polluting land uses. Westside Specific Plan February 2010 Findings of Fact and Statement of Overriding 5-2 Considerations ICFAS5 0.08 P62 City of National City 5.0 Statement of Overriding Considerations Other Benefits 1. The project would improve the quality of life for the residents by providing accessible services, removing toxic uses, and enhancing the streetscape for pedestrians. Implementation of the Westside Specific Plan would help fulfill the goals of the project: 1. Preserve and enhance residential characteristics of Westside. 2. Encourage single-family residential development that is compatible with the neighborhood's traditional architecture, scale, and massing. 3. Limit new building heights to two and three stories within the residential, mixed -commercial residential (MCR-1) and Limited Commercial, while limiting the height of the mixed -use commercial (MCR-2) and the proposed Transit Oriented Development to five stories. 4. Encourage retail and commercial uses that increase neighborhood activity and engagement as well as create a living environment where people can walk for goods, services, recreation, and transit. 5. Reduce co -location of housing and businesses that use, store, or generate hazardous materials through amortization of those businesses. 6. Buffer new residential development from freeway emissions and noise. 7. Reduce impacts to Paradise Creek through development that is sensitive to the habitat. 8. Encourage new businesses and the conversion of existing non -conforming business to non -impactive uses that are compatible with the environment and community goals. 9. Actively pursue partnerships to construct 200 affordable housing units throughout the plan area and to concentrate efforts towards meeting these affordable housing goals on parcels surrounding Paradise Creek. 10. Ensure that the open space near the creek is preserved within an open space easement and passive and active park amenities are installed adjacent to the natural areas of open space. Implementation of this project would help fulfill objectives of the plan: 1. Significantly reduce potential public health threats, such as increased incidence of cancer and respiratory diseases, associated with residents' exposure to hazardous materials, such as those found in auto body and auto repair shops. 2. Address the current community conflicts between residential and industrial land uses. February 2010 Westside Specific Plan Findings of Fact and Statement of Overriding 5-3 ICFAS 440M Considerations p<a City of National City 5.0 Statement of Overriding Considerations ,. For the reasons described above, the benefits of the proposed Westside Specific Plan, General Plan Amendment, and Rezone outweigh its unavoidable adverse environmental effects, and consequently, the adverse environmental effects are considered "acceptable" in accordance with Section 15093(c) of the State CEQA Guidelines. Westside Specific Plan - y Findings of Fact and Statement of Overriding 5-4 February 2010 Considerations ICFAS 440.08 P64 (Page 1 of 3) ROPS 14-15B January 1- June 30, 2015 Exhibit "G" RESOLUTION NO. 2009 — 51 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN EVG, UGeiE w EGO wTION AGREEMENT W THE RELATED COMPANIES OF CALIFORNIA AND COMMUNITY HOUSING WORKS FOR A TRANSIT -ORIENTED INFILL MIXED -USE AND AFFORDABLE HOUSING PROJECT WHEREAS, the City of National City ("City") owns approximately 10.6 acres at 2200 Hoover Avenue, commonly referred to as the Public Works site (Assessor Parcel Numbers 560-396-06, 560-391-08, 560-206-03, and 559-124-05, plus public right of ways) ('CDC Site'); and WHEREAS, the City is considering transferring title of these properties to the Community Development Commission of the City of National City ("CDC") for the purposes of redeveloping the site; and WHEREAS, the CDC is interested in having the CDC Site developed into a transit -oriented mixed -use development consisting of affordable housing units, retail sites, and enhancement to Paradise Creek, (the "PROJECT") all of which was part of a Request for Qualifications previously issued; and WHEREAS, the City is undertaking a planning process for the Westside area of National City known as the Westside Specific Plan, and an accompanying Environmental Impact Report ("EIR"), which are currently being prepared and are anticipated to be brought before the City Council for a public hearing and decision in approximately June, 2009; and WHEREAS, the Westside Specific Plan includes a transit -oriented development, consistent with what was called out in the Request for Proposal, and which is part of the EIR analysis; and WHEREAS, the CDC issued a Request for Qualifications seeking qualifications from experienced non-profit or for -profit developers to: 1) enter into an Exclusive Negotiation Agreement to complete due diligence and design, followed by a Disposition and Development Agreement to transform this property into affordable housing with linkages to the 20 Street Metropolitan Transit System Trolley Station, to enhance Paradise Creek, expand the Paradise Creek Education Park; and, 2) prepare and provide a mechanism for ongoing program management for a home ownership "incubator' to provide training and services to empower tenants within the project to more effectively pursue home ownership; and WHEREAS, The Related Companies of California and Community Housing Works (collectively, "DEVELOPER") responded jointly to the RFQ to partner in development and ownership of all affordable housing, to prepare and provide educational and community building programs and resident services for all affordable housing in the PROJECT, and provide a mechanism for ongoing program management for a home ownership "incubator" to provide training and services to empower tenants within the project to more effectively pursue home ownership; and (Page 2 of 3) Resolution No. 2009 — March 3, 2009 Page 2 WHEREAS, DEVELOPER is interested in assembling this site, plus adjacent lands within the City of National City to develop a mixed -use retail and affordable housing development, consisting of approximately 300-360 affordable residential units, retail floor area to provide support services and a personal finance incubator for the project, and enhancement of the Paradise Creek, consistent with the transit -oriented development proposed in the Westside Specific Plan currently being drafted; and WHEREAS, DEVELOPER is interested in preparing and providing a mechanism for ongoing program management for a home ownership "incubator' to provide training and services to empower tenants with the project to more effectively pursue home ownership; and, WHEREAS, the CDC, and DEVELOPER, desire to enter into an Exclusive Negotiating Agreement to initiate exclusive negotiations for up to three hundred and sixty-five (365) days (hereafter referred to as "EXCLUSIVE NEGOTIATION PERIOD") to allow DEVELOPER to (i) undertake due diligence activities regarding the PROJECT; (ii) develoD the financial parameters for developing the PROJECT; (iv) negotiate the purchase price of the CDC site; (v) negotiate a Disposition and Development Agreement; and (vi) develop conceptual program for providing financial fitness and home ownership training and for resident services for residents of the project; (vii) assure that the site and design plans include community space facilities needed to effectively accommodate resident services including financial fitness and ownership training; and, (viii) prepare a conceptual business plan and budget for ongoing incubator programming, including identifying sources of funding for program components and likely staffing needs. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City authorizes the Mayor to execute the Exclusive Negotiation Agreement with The Related Companies of California and Community Housing Works for a transit -oriented infili mixed -use and affordable housing project. Said Exclusive Negotiation Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of March on Morrison, Chairman APPROVED AS TO FORM: George H.'Eiser, III City Attorney P2 (page 3 CC 3) Passed and adopted by the Community Development Commission of the City of National City, California, on March 3, 2009, by the following vote, to -wit: Ayes: Commissioners Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: Na IIa. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Chairman, Community Development Commission I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of. RESOLUTION NO. 2009-51 of the Community Development Commission of the City of National City, California, passed and adopted on March 3, 2009. By: Secretary, Community Development Commission Deputy P1 (Page 1 of 3) ROPS 14-15B January 1- June 30, 2015 Exhibit "H" RESOLUTION NO.2009 — 61 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE INFILL INFRASTRUCTURE AND TRANSIT ORIENTED DEVELOPMENT GRANT PROGRAMS, AND 11= SELECTED FOR SUCH FUNDING, AUTHORIZING MATCHING COMMITMENTS OF $2 -$4.2 MILLION IN LOW -MODERATE HOUSING TAX INCREMENT FUNDS AND/OR HOME GRANT FUNDS TO PARTICIPATE IN THE INFILL INFRASTRUCTURE GRANT PROGRAM AND $2 - $3.5 MILLION IN THESE SAME FUNDS TO PARTICIPATE IN THE TRANSIT ORIENTED DEVELOPMENT GRANT PROGRAM WHEREAS, the California Department of Housing and Community Development ("HCD") has issued a Notice of Funding Availability ("NOFA") for the Infill Infrastructure Grant and Transit Oriented Development Programs established under the Housing and Emergency Shelter Trust Fund Act of 2006 (Proposition 1 C); and WHEREAS, pursuant to statute, HCD is authorized to approve funding allocations utilizing monies made available by the State Legislature, subject to terms and conditions, for the Infill Infrastructure Grant and Transit Oriented Development Grant Guidelines; and WHEREAS, the Community Development Commission of the City of National City ("CDC") wishes to apply for and receive an allocation of funds through the Infill Infrastructure and Transit Oriented Development Grant Programs; and WHEREAS, the CDC intends to request $12 million for the Infill Infrastructure program and $10 million from the Transit Oriented Development ("TOD") program to pursue potential development of the National City Westside Infill TOD resulting from a community design process conducted by Pyatok Architects, Inc., in 2008 in the designated Transit Oriented Development area for the 24th Avenue Trolley Station; and WHEREAS, in response to matching requirements of the HCD Infill Infrastructure Program the CDC will consider committing $2 - $4.2 million in its 20-percent set aside of low moderate housing funds and/or federal HOME funds allocation to the National City Westside Infill Transit Oriented Development should the project be deemed feasible and receive an award of funds from the State of California; and WHEREAS, in response to matching requirements of the HCD Transit Oriented i n1ne -CDC Will consider commitiillg-$2 - aside of low moderate housing funds and/or federal HOME funds allocation to the National City Westside Infill Transit Oriented development should the project be deemed feasible and receive an award of funds from the State of California. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the submittal of an application to HCD requesting a grant of $12 million to the Infill Infrastructure Grant Program which will include a statement of commitment of $2 - $4.2 Million In matching funds from local low -moderate P1 (Page 2 of 3) Resolution No. 2009 — 61 March 17, 2009 Page 2 housing tax increment funds of federal HOME funds for the National City Westside Infill Transit Oriented Development located in the designated Transit Oriented Development area for the 24th Avenue Trolley Station. BE IT FURTHER RESOLVED by the Community Development Commission of the City of National City that the CDC shall submit to HCD an application requesting a grant of $10 million to the Transit Oriented Development Grant Program which will include a statement of commitment of $2 - $3.5 Million in matching funds from local low -moderate housina tax Increment funds of federal HOME funds for the National City Westside Infill Transit Oriented Development located in the designated Transit Oriented Development area for the 24th Avenue Trolley Station. BE IT FURTHER RESOLVED that the CDC authorizes the Chairman to execute in the name of the CDC the Letter of Funding Commitment required by HCD in order to make applications to the Infill Infrastructure and Transit Oriented Development Grant Programs. PASSED and ADOPTED this 170 day of March, 2 Ron Morrison, Chairman ATTEST: Brad n, retary APPROVED AS TO FORM: �,�Y.LrXL AF George H. Elser, III City Attorney P2 (Page 3 or 3) Passed and adopted by the Community Development Commission of the City of National City, California, on March 17, 2000, by the following vote, to -spit: Ayes: Commissioners Morrison, Parra, Sotelo-Solis, `Jan Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Chairman, Community Development Commission Secretary, oily Development Commission I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-61 of the Community Development Commission of the City of National City, California, passed and adopted on March 17, 2009. By. Secretary, Community Development Commission Deputy a, (Rm m qq !W N N 0 mm q 8Cl! Cli 8 8 ww 0 NIN N co 0 V O 0 0 0 00 0 00 0 Y1 H N d O c_ 1- Q J 0 � z w u p � N w nz K LL O U IL g c F U O U a Q z Z X (j U U M m o a vv}} 0 0 N 0 IA 0 N m la � 0 CL §§ § Q S z= §/ §B §§ x °2 w B § X § § B k W k z I e} -s£ § § �� \\ \ ) a cc a °° ° §k k� a a� 4 A )d ƒ �} k% w ;4 0 | 2 kk ƒƒ (( } $ / \§ | \} ) � � ! w§ ■ a k k Z \ m� ) 0 ° ! \ \ & P! � OR k| § k a | 77 f }) - } 4 ke a § �| /§ }� �k 2 9� k § Q= L zC §/ U. j i�Cli x w ` U. $ i ! - |/ /\ � m LU § \ )LLJ k 5 o 2 w [. �. Cf $ cm 2 /} f \ � \ _ �§ IL 7 ;a w/ # - - ROPS 14-15B January 1-June 30, 2015 Exhibit "J" REDEVELOPMENTPLAN I-Ji371I:Ill NATIONAL CITY REDEVELOPMENT PROJECT Prepared: May 8,1995 Adopted: July is, 1995 F677,77w,F s7 Community Development Commission of the City of National City 140 E. 12th Street, Suite B National City, California 91950-3312 619-336-4250 Prepared by: Rosenow Spevacek Group, Inc, 540 North Golden Circle, Suite 305 Santa Ana, Califomia 92705 714/541-4585 619/967-6462 Adoprod 7/1 M J. and pleasant environment in the Project Area Therefore, such plans shall give consideration to good design, open space and other amenities to enhance the aesthetic quality of the Project Area. The CDC shall not approve any plans that do not comply with this Plan except as permitted by Section 719 of this Plan. (721) Building Permits Any building permit that is issued for the rehabilitation or construction of any new building or any addition, construction, moving, conversion or alteration to an existing building in the Project Area from the date of adoption of this Plan must be in conformance with the provisions of this Plan, any design for development adopted by the CDC, any restrictions or controls established by resolution of the CDC, and any applicable participation or other agreements. The CDC is authorized to establish permit procedures and approvals required for purposes of this Plan. A building permit shall be issued only after the applicant for same has been granted all approvals required by the City and the CDC at the time'of application. SECTION VIII. (800) METHODS FOR FINANCING THE PROJECT A. (801) General Description of the Pmmosed Financing Methods Upon adoption of this Plan by the City Council, the CDC is authorized to finance implementation of this Plan with assistance from local sources, the State and/or the federal government, property tax increment, interest income, CDC bonds, donations, loans from private financial institutions or any other legally available source. The CDC is also authorized to obtain advances, borrow funds, issue bonds or other obligations, and create indebtedness in carrying out this Plan. The principal and interest on such indebtedness may be paid from tax increment revenue or any other funds available to the CDC. Advances and loans for survey and planning and for the operating capital for administration of this Plan may be provided by the City until adequate tax increment revenue or other funds are available to repay the advances and loans. The City or other public agency, as it is able, may also supply additional assistance through issuance of bonds, loans and grants and in -kind assistance. Any assistance shall be subject to terms established by an agreement between the CDC, City and/or other public agency providing such assistance. As available, gas tax funds from the State and sales tax funds from the County may be used for the street system. Kj P2 Adopted 748195 The CDC may issue bonds or other obligations and expend their proceeds to carry out this Plan. The CDC is authorized to issue bonds or other obligations as appropriate and feasible. in an amount sufficient to finance all or any part of Plan implementation activities. The CDC shall pay the principal and interest on bonds or other obligations of the CDC as they become due and payable. B. (802) Tax Increment Revenue All taxes levied upon taxable property within the Project Area each year by or for the benefit of the State, County, City or other public corporation (hereinafter called "Taxing Agency' or `faxing Agencies') after the effective date of the ordinance, shall be divided as follows: 1. That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of said Taxing Agencies upon the total sum of the assessed value of the taxable property in the Project Area as shown upon the assessment roll used in connection with the taxation of such property by such Taxing Agency, last equalized prior to the effective date of the Ordinance, shall be allocated to and when collected shall be paid to the respective Taxing Agencies as taxes by or for said Taxing Agencies on all other property are paid (for the purpose of allocating taxes levied by or for any Taxing Agency or Agencies which did not include the territory in the Project Area on the effective date of the Ordinance but to which such territory has been annexed or otherwise included after such effective date, the assessment roll of the County last equalized on the effective date of the Ordinance shall be used in determining the assessed valuation of the taxable property in the Project Area on said effective date). 2. That portion of said levied taxes each year in excess of such amount shall be allocated to, and when collected shall be paid into, a special fund of the CDC to pay the principal of and interest on loans, monies advanced to, or indebtedness (whether funded, refunded, assumed, or othemse) incurred by the CDC to finance or refinance m whole Or in part, the Project and this Plan. Unless and until the total assessed valuation of the taxable property in the Project Area exceeds the total assessed value of the taxable property in the Project Area as shown by the last equalized assessment roll referred to in paragraph (1.) hereof, all of the taxes levied and collected upon the tamable property in the Project Area shall be paid to the respective Taxing Agencies. When said loans, advances, and indebtedness; if any, and interest thereon, have been paid, all monies thereafter received from taxes upon the taxable property in the Project Area shall be paid to the respective Taxing Agencies as taxes on all other property are paid. .L*.AWW. 29 AdOPW 7/1M5 3. That portion of the taxes in excess of the amount identified in paragraph (L) above which is attributable to a tax rate levied by a Taxing Agency for the purpose of producing revenues in an amount sufficient to make annual repayments of the principal of and interest on any bonded indebtedness for the acquisition or improvement of real property shall be allocated to, and when collected shall be paid into, the fund of that Taxing Agency. This paragraph (3.) shall only apply to taxes levied to repay bonded indebtedness approved by the voters on or after January 1, 1989. 4. This Plan applies to redevelopment projects adopted by the CDC from 1969 through 1985. As such, the last equalized assessment rolls used to calculate taxes to be allocated to the Agency pursuant to Section 802, paragraphs (1) and (2) herein, will be those in effect when the following ordinances creating these redevelopment project areas were adopted: • E.J. Christmanl Area adopted by Ordinance No. 1233 on November 18, 1969. • South Bay Town and Country Area adopted by Ordinance No. 1471 on June 24, 1975. • Center City Area adopted by Ordinance No. 1505 on April 13,1976, • E.J. Christman2 Area adopted by Ordinance No. 1610 on December 13, 1977. • Downtown Original Area adopted by Ordinance No. 1762 on December 1, 1981. • Downtown 1985 Amendment Area adopted by Ordinance No. 1851 on April 16,1985. The CDC is authorized to make pledges as to specific advances, loans and indebtedness as appropriate in carrying out the Project. The portion of taxes allocated and paid to the CDC pursuant to subparagraph (2.) above is irrevocably pledged to pay the principal of and interest on loans, monies advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the CDC to finance or refinance, in whole or in part, the redevelopment program for the Project Area. The number of dollars of taxes which may be divided and allocated to the CDC pursuant to Section 33670 of the Redevelopment Law, inclusive of payments to taxing agencies, shall not exceed $300 million, adjusted annually in accordance with the San Diego County Consumer Price Index for all urban consumers (CPI-U) or a comparable inflationary index should the CPI-U cease to exist, except by amendment of this Plan. 30 Adomed 7/1 MS P4 With respect to the E.J. Christman] Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety code Section 33333.6(a), (c), (g), and (h), or as otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after Novcrnb:.r 18, 201i. These limitations shall not be applied to limit ire allocation of taxes to the CDC to the extent required to eliminate project deficits created under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent required to implement a replacement housing program pursuant to Health and Safety -Code Section 33413. In addition, these limitations shall not affect the validity of arty bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the CityCouncil, or the CDC pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the CDC to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. With respect to the South Bay Town and Country Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety code Section 33333.6(a), (c), (g), and (h), or as otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after June 24, 2025. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to eliminate project deficits created under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. In addition, these limitations shall not affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the CDC pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the CDC to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. With respect to the Center City Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety code Section 33333.6(a), (c), (0, and (h), or as otherwise permitted by law, the CDC snail not pay indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after April 13, 2026. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to eliminate project deficits created under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. In addition, these limitations shall not affect the validity of any bond, indebtedness, or other 31 Ado%W 7/18M obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the CDC pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the CDC to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. With respect to the E.J. Christman2 Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety code Section 33333.6(a), (c), (g), and (h), or as otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after December 13, 2027. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to eliminate project deficits created under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. In addition, these limitations shall not affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the CDC pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the CDC to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. With respect to the Downtown Original Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety code Section 33333.6(a), (c), (g), and (h), or as otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after December 1, 2031. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to eliminate project deficits created under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. In addition, these limitations shall not affect the validity of any bond, indebtedness,, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the CDC pursuant to the Redevelopment Law, prior to January 1., 1994, or the right of the CDC to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. With respect to the Downtown 1985 Amendment Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety code Section 33333.6(a), (c), (g), and (h), or as otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code 32 Adopted 7/18SS P6 Section 33670 after April 16, 2035. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to eliminate project deficits created under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent required to implement a replacement housing program pursuant to Health and Safety r.QdP. Ser_.minn 33413 r"—add4inn thew I---t,atims u-ll . =—. A.., 1ZA,. r ..... ...... ..... "ua.a.a uV, ruaw� ula 'rawuiay Va auy bond, indcbtedness, or other obligation, including any mitigation. agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the CDC pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the CDC to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. With respect to the Added Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33332(a), or as otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Health and Safety Code Section 33670 or receive properly taxes pursuant to Health and Safety Code Section 33670 after 45 years following approval of the ordinance adopting this Plan. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. With respect to the E.J. Christmanl Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.6(a), (p), and (h), or as otherwise permitted by law, no loan, advance or indebtedness to be repaid fiom such allocations of taxes established or incurred by the CDC to finance in whole or in part the Redevelopment Project shall be established or incurred after January 1, 2004. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CDC's housing obligations under Health and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or restructuring indebtedness after January 1, 2004, if the indebtedness is not increased and the time during which the indebtedness is to he repaid does not e_.xenrd the data_ on which the indebtedness would have been paid. With respect to the South Bay Town and Country Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.6(a), (g), and (h), or as otherwise permitted by law; no loan, advance or indebtedness to be repaid from such allocations of taxes established or incurred by the CDC to finance in whole or in part the Redevelopment Project shall be established or incurred after January 1, 2004. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC fmm incurring debt to be repaid from the Low and Moderate Income Housing Fund or establishing more debt in Wk*rOCW. 33 Adopted VIM order to fulfill the CDC's housing obligations under Health and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or restructuring indebtedness after January 1, 2004, if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the data on which the indebtedness would have been paid. With respect to the Center City Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.6(a), (g), and (h), or as otherwise permitted by law, no loan, advance or indebtedness to be repaid from such allocations of taxes established or incurred by the CDC to finance in whole or in part the Redevelopment Project shall be established or incurred after January 1, 2004. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CDC's housing obligations under Health and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or restructuring indebtedness after January 1, 2004, if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the data on which the indebtedness would have been paid. With respect to the E.J. Christman2 Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.6(a), (g), and (h), or as otherwise permitted by law, no loan, advance or indebtedness to be repaid from such allocations of taxes established or incurred by the CDC to finance in whole or in part the Redevelopment Project shall be established or incurred after January 1, 2004. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CDC's housing obligations under Health and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or restructuring indebtedness after January 1, 2004, if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the data on which the indebtedness would have been paid. With respect to the Downtown Original Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.6(a), (g), and (h), or as otherwise permitted by law, no loan, advance or indebtedness to be repaid from such allocations of taxes established or incurred by the CDC to finance in whole or in part the Redevelopment Project shall he established or incurred after January 1, 2004. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be repaid from the Low and Moderate Income Housing Fund or establishing more debt in 34 Adopted 7119195 PS order to fulfill the CDC's housing obligations under Health and Safety Code Section 33413. in addition, this limit shall not prevent the CDC from refinancing, refunding, or restructuring indebtedness after January 1, 2004, if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the data on which the indebtedness would have been raid. With respect to the Downtown 1985 Amendment Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.6(a), (y), and (h), or as otherwise permitted by law, no loan, advance or indebtedness to be repaid from such allocations of taxes established or incurred by the CDC to finance in whole or in part the Redevelopment Project shall be -established or incurred after April 16, 2005. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CDC's housing obligations under Health and Safety Code Section 33413. In addition, this Iimit shall not prevent the CDC from refinancing, refunding, or restructuring indebtedness after April 16, 2005, if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the data on which the indebtedness would have been paid. With respect to the Added Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.2(a), or as otherwise permitted by law, no loan, advance or indebtedness to be repaid from such allocations of taxes established or incurred by the CDC to finance in whole or in part activities authorized under this Plan shall be established or incurred after 20 years following approval of the ordinance adopting this Plan. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be repaid firm the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CDC's housing obligations under Health and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or restructuring indebtedness after 20 years following approval of the ordinance gdnpfn.a this Plan, if the indebtedness is not increased- and the. time during which the indebtedness is to be repaid does not exceed the date on which the indebtedness would have been paid. C. (803) CDC Bonds The CDC is authorized to issue bonds and other obligations from time to time, if it deems it appropriate to do so, in order to finance all or any part of Plan implementation activities. Neither the members of the CDC nor any persons executing the bonds are liable personally on the bonds or other obligations by reason of their issuance. 35 Aaopxa 7118195 The bonds and other obligations of the CDC are not a debt of the City or the State; nor are any of its political subdivisions liable for them; nor in any event shall the bonds or obligations be payable out of any funds or properties other than those of the CDC; and such bonds and other obligations shall so state on their face. The bonds and other obligations do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. The amount of bonded indebtedness, to be repaid in whole or in part from the allocation of taxes pursuant to Section 33670 of the Redevelopment Law, which can be outstanding at one time shall not exceed $100.0 million, except by amendment to this Plan. D. (804) Other Loans and Grants Any other loans, grants, guarantees or financial assistance from the federal government, the State, or any other public or private source will be utilized, if available, as appropriate in carrying out this Plan. In addition, the CDC may make loans as permitted by law to public or private entities for any of its redevelopment purposes. E. (805) Rehabilitation Loans. Grants_ and Rebates The CDC and the City may commit funds from any source to rehabilitation programs for the purposes of loans, grants, or rebate payments for self -financed rehabilitation work. The rules and regulations for such programs shall be those which may already exist or which may be developed in the future. The CDC and the City shall seek to acquire grant funds and direct loan allocations from State and federal sources, as they may be available from time to time, for the carrying out of such programs. SECTION IX: (900) ACTIONS BY THE CITY The City shall aid and cooperate with the CDC in carrying out this Plan and shall take all reasonable actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread in the Project Area of conditions of blight. Actions by the City may include, but shall not be limited to, the following: 1. Institution and completion of proceedings for opening, closing, vacating, widening, or changing the grades of streets, alleys, and other public rights - of -way, and for other necessary modifications of the streets, the street layout, and other public rights -of -way in the Project Area. Such action by the City shall include the requirement of abandonment and relocation by the public utility companies of their operations in public rights -of -way as appropriate to carry out this Plan, provided that nothing in this Plan shall be deemed to require the cost of such abandonment, removal, and relocation to be borne by others than those legally required to bear such costs. mkdo'dp� 36 AAnr#M 711 R141 Pie ROPS 14-15B January 1- June 30, 2015 REDEVELOPMENT PLAN Exhibit "K" NATIONAL CITY REDEVELOPMENT PROJECT Prepared: May 8, 1995 Adopted: July 18, 1995 Amended - December 1, 1981 May 22,1984 April16,1985 June 18,1991 July 18, 1995 June 19, 2001 July 17, 2007 Community Development Commission of the City of National City 140 E. 12th Street, Suite B National City, California 91950-3312 619-336-4250 Prepared by: Rosenow Spevacek Group, Inc. 309 West a Street Santa Ana, California 92701 714/541-4585 n1�c.ede..xryrca�ra^wax+ra..�a.�uWaW++cto-«am� EXHIBIT "All AdoptW 711W5 P4 and pleasant environment in the Project Area. Therefore, such plans shall give consideration to good design, open space and other amenities to enhance the aesthetic quality of the Project Area. The CDC shall not approve any plans that do not comply with this. Plan except as permitted by Section 719 of this Plan. 1 (721) Building Permits Any building permit that is issued for the rehabilitation or construction of any new building or any addition, construction, moving, conversion or alteration to an existing building in the Project. Area from the date of adoption of this Plan must be in conformance with the provisions of this Plan, any design for development adopted by the CDC, any restrictions or controls established by resolution of the CDC, and any applicable participation or other agreements. The CDC is authorized to establish permit procedures and approvals required for purposes of this Plan. A building permit shall be issued only after the applicant for same has been granted all approvals required by the City and the CDC at the time of application. SECTIONMIL (800) METHODS FOR FINANCING THE PROJECT A. (801) General Description of the Proposed Financing Methods Upon adoption of this Plan by the City Council, the CDC is authorized to finance implementation of this Plan with assistance from local sources, the State and/or the federal government, property lax increment, interest income, CDC bonds, donations, loans from private financial institutions or any other legally available source. The CDC is also authorized to obtain advances, borrow funds, issue bonds or other obligations, and create indebtedness in carrying out this Plan. The principal and interest on such indebtedness may be paid from tax increment revenue or any other funds available to the CDC. Advances and loans for survey and planning and for the operating capital for administration of this Plan may be provided by the City until adequate tax increment revenue or other funds are available to repay the advances and loans. The City or other public agency, as it is able, may also supply additional assistance through issuance of bonds, loans and grants and in -kind assistance. Any assistance shall be subject to terns established by an agreement between the CDC, City and/or other public agency providing such assistance. As available, gas tax funds from the. State and sales tax funds from the County may be used for the street system: The CDC may issue bonds or other obligations and expend their proceeds to cant' out this Plan. The CDC is authorized to issue bonds or other obligations as appropriate and feasible in an amount sufficient to finance all or any part of Plan implementation cWxw,rnaed Mnes m..:.vWa xitmyeYenpvwy m,em„wasvetrwm�.w26 AdoplodWI N5 P2 activities. The CDC shall pay the principal and interest on bonds or other obligations of the CDC as they become due and payable. B. (802) Tax Increment Revenue All taxes levied upon taxable property within the Project Area each year by or for the benefit of the State, County, City or other public corporation (hereinafter called "faxing Agency' or "Taxing Agencies") after the effective date of the ordinance, shall be divided as follows- 1. That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of said Taxing Agencies upon the total sum of the assessed value of the taxable property in the Project Area as shown upon the assessment roll used in connection with the taxation of such property by such Taxing Agency, last equalized prior to the effective date of the Ordinance, shall be allocated to and when collected shall be paid to the respective Taxing Agencies as taxes by or for said Taxing Agencies on all other property are paid (for the purpose of allocating taxes levied by or for any Taxing Agency or Agencies which did not include the territory in the Project Area on the effective date of the Ordinance but to which such territory has been annexed or otherwise included after such effective date, the assessment roll of the County last equalized on the effective date of the Ordinance shall be used in determining the assessed valuation of the taxable property in the Project Area on said effective date). 2. That portion of said levied taxes each year in excess of such amount shall be allocated to, and when collected shall be paid into, a special fund of the CDC to pay the principal of and interest on loans, monies advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the CDC to finance or refinance in whole or in part, the Project and this Plan. Unless and until the total assessed valuation of the taxable property in the Project Area exceeds the total assessed value of the taxable property in the Project Area as shown by the last equalized assessment roll referred to in paragraph (1) hereof, all of the taxes levied and collected upon the taxable property in the Project Area shall be paid to the tespective Taxing Agencies. When said loans, advances, and indebtedness, if any, and interest thereon, have been paid, all monies thereafter received from taxes upon the taxable property in the Project Area shall be paid to the respective Taxing Agencies as taxes on all other property are paid. 3. That portion of the taxes in excess of the amount identified in paragraph (l.) above which is attributable to a tax rate levied by a Taxing Agency for the purpose of producing revenues in an amount sufficient to make annual repayments of the principal of and interest on any bonded indebtedness for Adopted 7118195 71 the acquisition or improvement of real property shall be allocated to, and when collected shall be paid into, the fund of that Taxing Agency. This paragraph (3.) shall only apply to taxes levied to repay bonded indebtedness approved by the voters on or after January 1, 1989. 4. This Plan applies to redevelopment projects adopted by the CDC from 1969 through 1985. As such, the last equalized assessment rolls used to calculate taxes to be allocated to the Agency pursuant to Section 802, paragraphs (1) and (2) herein, will be those in effect when the following ordinances creating these redevelopment project areas were adopted: E.J. Christmanl Area adopted by Ordinance No. 1233 on November 18,1969. • South Bay Town and Country Area adopted by Ordinance No. 1471 on June 24,1975. • Center City Area adopted by Ordinance No. 1505 on April 13, 1976. E:J. Christman2 Area adopted by Ordinance No. 1610 on December 13, 1977. • Downtown Original Area adopted by Ordinance No. 1762 on December 1, 1981. • Downtown 1985 Amendment Area adopted by Ordinance No. 1851 on April 16,1985. Thd CDC is authorizer) to make pledges as to specific advances, loans and indebtedness as appropriate in carrying out the Project. The portion of taxes allocated and paid to the CDC pursuant to subparagraph (2.) above is irrevocably pledged to pay the principal of and interest on loans, monies advanced to, or indebtedness�(wbether funded, refunded, assumed; or otherwise) incurred by the CDC to finance or refinance, in whole or in part, the redevelopment program for the Project Area. The number of dollars of taxes which may be divided and allocated to the CDC pursuant to Section 33670 of the Redevelopment Law, inclusive of payments to taxing agencies, shall not exceed $300 trillion, adjusted annually in accordance with the San Diego County Consumer Price Index for all urban consumers (CPT-1.1) or a comparable inflationary index should the CPI-U cease to exist, except by amendment of this Plan. With respect to the E.J. ChristmanI Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety code Section 33333.6(a), (c), (g), and (b), or as otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after November 18, 2019. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to eliminate project deficits created under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent cvxu,ems md,a,f�dda a�k+N,mbpWnoo,sry im. B AAVdp7.o.d. 28 Adopted 7118MS P4 required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. in addition, these limitations shall not affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the CDC pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the CDC to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. With respect to the South Bay Town and Country Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety code Section 33333.6(a), (e), (g), and (h), or as otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code Section 336'10 or receive property taxes pursuant to Health and Safety Code Section 33670 after June 24, 2025. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to eliminate project deficits created under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent requited to implement a replacement housing program pursuant to Health and Safety Code Section 33413. in addition, these limitations shall not affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the CDC pursuant to the Redevelopment Law, prior to January i, 1994, or the right of the CDC to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. With respect to the Center City Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety code Section 33333.6(a), (c), (g), and (h), or as otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after April 13, 2026. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to eliminate project deficits created under subdivision (g) of Health and Safety Code Section 33334.E in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. In addition, these limitations shall not affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the CDC pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the CDC to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. With respect to the EJ. Christman2 Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety code Section 33333.6(a), (c), (g), and (h), or as otherwise permitted by law, the CDC shall not pay rmr.mm.:,am.�.vxa,axon4.,w+n:ouNn raswsKw�w.ex 29 Adgnod 7118195 indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after December 13, 2027. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to eliminate project deficits created under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. In addition, these limitations shall not affect the validity of any bond, indebtedness; or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the CDC pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the CDC to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. With respect to the Downtown Original Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety code Section 33333.6(a), (c), (g), and (h), or as otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after December 1, 2031. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to eliminate project deficits created under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent requited to implement a replacement housing program pursuant to Health and Safety Code Section 33413. In addition, these limitations shall not affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section;33401, authorized by the City Council, or the CDC pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the CDC to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. With respect to the Downtown 1985 Amendment Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety code Section 33333.6(a), (c), (g), and (h), or as otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Beath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after April 16, 2035. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to eliminate project deficits created under subdivision (g) of Health and Safety Code Section 33334.E in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. In addition, these limitations shall not affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the CDC pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the r�kamma,aW,atuA+ua,3vwcul,cav�sYenitwx, 3aemc ftl 1. wpM . 30 Adopted 7/1&95 P6 CDC to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. With respect to the Added Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33332(a), or as otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Health and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after45 years following approval of the ordinance adopting this Plan. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. With respect to the E.J. Christmanl Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.6(a), (g), and (h), or asotherwise permitted by law, no loan, advance or indebtedness to be repaid from such allocations of taxes established or incurred by the CDC to finance in whole or in part the Redevelopment Project shall be established or incurred after January 1, 2004. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CDC'.s housing obligations under Health and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or restructuring indebtedness after January 1, 2004, if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the data on which the indebtedness would have been paid. With respect to the South Bay Town and Country Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.6(a), (g), and (h), or as otherwise permitted by law, no loan, advance or indebtedness to be repaid from such allocations of taxes established or incurred by the CDC to finance in whole or in part the Redevelopment Project shall be established or incurred after January 1, 2004. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CDC's housing obligations under Health and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or restructuring indebtedness after January 1, 2004, if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the data on which the indebtedness would have been paid. With respect to the Center City Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.6(a), (g), and (h), or as otherwise permitted by law; no loan, advance or indebtedness to be repaid from such allocations of taxes established or incurred by the CDC to finance in CWOWOq.Ii YY,eumy,VGa.uYSY,wi,yM,nggr,ry {pppelQ Vi6"phu.dp: 31 Adopted711&95 whole or in part the Redevelopment Project shall be established or incurred after January 1, 2004. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CDC's housing obligations under Health and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or restructuring indebtedness after January 1, 2004, if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the data on which the indebtedness would have been paid. With respect to the E.J. Christman2 Area, notwithstanding any other provision of this Plan, and except as provided in this Section and health and Safety Code Section 33333.6(a), (g), and (h), or as otherwise permitted by law, no loan, advance or indebtedness to be repaid from such allocations of taxes established or incurred by the CDC to finance in whole or in part the Redevelopment Project shall be established or incurred after January 1, 2004. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CDC's housing obligations under Health and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or restructuring indebtedness after January 1, 2004, if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the data on which the indebtedness would have been paid. With respect to the Downtown Original Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.6(a), (g), and (h), or as otherwise permitted by law, no loan, advance or indebtedness to be repaid from such allocations of taxes established or incurred by the CDC to finance in whole or in part the Redevelopment Project shall be established or incurred after January 1, 2004_ Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CDC's housing obligations under Health and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or restructuring indebtedness after January 1, 2004, if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the data on which the indebtedness would have been paid. With respect to the Downtown 1985 Amendment Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.6(a), (g), and (h), or as otherwise permitted by law, no loan, advance or indebtedness to be repaid from such allocations of taxes established or incurred by the c:Nowmruts m]sv,mgaVdnu9oW wtigSeanryurnY'v,crm,fac,blxtii.Vdtiw.q,c 32 Adopted 1118195 PS CDC to finance in whole or in part the Redevelopment Project shall be established or incurred after April 16, 2005. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall rot prevent the CDC from incurring debt to by -- repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CDC's housing obligations under Health and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or restructuring indebtedness after April 16, ZOOS, if the indebtedness is not increased and the tune during which the indebtedness is to be repaid does not exceed the data on which the indebtedness would have been paid. With respect to the Added Area, notwithstanding any other provision of this Plan, and .except as provided in this Section and Health and Safety Code Section 33333.2(a), or as otherwise permitted by law, no loan, advance or indebtedness to be repaid from such allocations of taxes established or incurred by the CDC to finance in whole or in part activities authorized under this Plan shall be established or incurred after 20 years fallowing approval of the ordinance adopting this Plan. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CDC's housing obligations under Health and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or restructuring .indebtedness after 20 years following approval of the ordinance adopting this Plan, if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the date on which the indebtedness would have been paid. C. (803) CDC Bonds The CDC is authorized to issue bonds and other obligations from time to time, if it deems it appropriate to do so, in order to finance all or any part of Plan implementation activities. Neither the members of the CDC nor any persons executing the bonds are liable personally on the bonds or other obligations by reason of their issuance. The bonds and other obligations of the CDC are not a debt of the City or the State; nor are any of its political subdivisions liable for them; nor in any event shall the bonds or obligations be payable out of any funds or properties other than those of the CDC; and such bonds and other obligations snail so state on their face. The bonds and other obligations do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. AdOPLW 7/1a/95 O The amount of bonded indebtedness, to be repaid in whole or in part from the allocation of taxes pursuant to Section 33670 of the Redevelopment Law, which can be outstanding at one time shall not exceed $100.0 million, except by amendment to this Plan. D. (804) Other loans and Grants Any other loans, grants, guarantees or financial assistance from the federal government, the State, or any other public or private source will be utilized, if available, as appropriate in carrying out this Plan. In addition, the CDC may make loans as permitted by law to public or private entities for any of its redevelopment purposes. E. (805) Rehabilitation Loans. Grants. and Rebates The CDC and the City may commit funds from any source to rehabilitation programs for the purposes of loans, giants, or rebate payments for self -financed rehabilitation work. The rules and regulations for such programs shall be those which may already exist or which may be developed in the future. The CDC and the City shall seek to acquire grant funds and direct loan allocations from State and federal sources, as they may be available from time to time, for the carrying out of such programs. SECTION IX. (900) ACTIONS BY TBE CITY The City shall aid and cooperate with the CDC in catrying out this Plan and shall take all reasonable actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread in the Project Area of conditions of blight. Actions by the City may include, but shall not be limited to, the following: Institution and completion of proceedings for opening, closing, vacating, widening, or changing the grades of streets, alleys, and other public rights - of -way, and for other necessary modifications of the streets, the street layout, and other public rights -of -way in the Project Area. Such action by the City shall include the requirement of abandonment and relocation by the public utility companies of their operations in public nghts-of-way as appropriate to carry out this Plan, provided that nothing in this Plan shall be deemed to require the cost of such abandonment, iemoval, and relocation to be borne by others than those legally required to bear such costs. 2. Institution and completion of proceedings necessary for changes and improvements to publicly -owned parcels and utilities in the Project Area. 3. 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Q) t N Q 0) a-1 N L m E •L a a� t H 1: 0) s 4- O CL v U 0 C m V) Q� .0 c v 0A m N bA C O 4+ C O fC C N N 0 a i1 U N cu U C fL6 V) N 4_ O Q U N L C L N 0 Q v U C N O 4+ C O .; 4J 4 m � U N Q a m cu N N C O Co 0 q0 C N O U C m b.0 O U i v d H r-I N M Ct Ln w N 00 0) m N P30 ROPS 14-15B January 1- June 30, 2015 entire length of 7th Street. Village style parking will provide aduiiionul parking spaces over parallel parking. The diagonal parking pattern also has a tendency to slow moving vehicles along streets as drivers look of vehicles barking out. P Street Promenade 8m Street is the district's current retail street. Unlike the other streets in Downtown 8rh Street attracts pedestrians because of the nature of businesses along the street. Unfortunately, next to National City Boulevard, 8m street is also the busiest street in Downtown relative to traffic volumes. The volume of traffic coupled with the speed of cars makes crossing 8ih Street on foot difficult. 8m street, like Plaza Boulevard, is also burdened with narrow eight (8) foot sidewalks. The narrow sidewalk space coupled with the lack of street trees, righting and street furnishings creates the image of a "pedestrian unfriendly street". Several studies were completed reviewing optional vehicular circulation patterns along 81h Street between National City Boulevard and D Street. The goal of the study is to Increase the sidewalk dimension by removing space within the vehicular travel area. The recommended solution is to remove a single truvci lane and modify the remaining travel lane widths in order to capture additional space for sidewalks. Downtown and the associated businesses along 8'h Street will benefit Exhibit "Ni" from wider sidewalks with attractive paving finishes, better righting and coordinated landscape improvements. The under grounding of the overhead electrical lines is also required to Improve the street's visual quality. MIL" - �, fi1S i VI-29 URBAN DESIGN G U I D E L I N E S FEBRUARY 2MS P? Special Crossings and Pedestrian Pop Outs The previous discussion concerning 8th Street highlighted the difficult and at times unsafe nature associated with crossing Downtown streets. 8th Street, National City Boulevard and Plaza Boulevard are the more obvious streets that present a challenge to pedestrians. Signalized intersections and four way stops afford some degree of comfort to pedestrians Crossing Downtown streets. Unfortunately the streets in question currently have limited intersections With controlled stops for vehicles. Eight locations have been identified as opportunities for "special crossings". The special crossings are designed to provide potentially safer access for pedestrians across streets at key locations within Downtown. The crossing will operate independent of the adjacent traffic signal system and will be activated by a waiting pedestrian. Street Right -of -Way as Open Space Street right-of-way, the paved dimension encompassing sidewalks and A.C. roadway, are unique spaces in the city. The right-of-way's primary function is a public thoroughfare for motor vehicles, utilities and pedestrians. The right-of-way is also valuable as an open space amenity within the city. Linear spaces with canopy trees and occasional spaces for seating are fundamental components of urban viability. Expanding the use of the street right- of-way to provide a setting for large public gatherings and events is the purpose of Fountain Plaza and other pedestrian spaces identified in the Specific Plan. Reclaiming the right-of- way by closing a small segment of 9'h Street and limiting the use for pedestrian activities is an excellent opportunity for creating a symbol of Downtown revitalization and civic pride. s VI-30 URBAN DESIGN G U i D E L' NES FEBRUARY 2005 P2 Ln 0 ry 0 m v C m N i V ~ �r "n a O K � ti z x LU w >n o 0 0 0 IL N ce) N Lo ff N 0, C O ICI ci o C:�I I I I of L7I � } Lo M N to r O O O O 3 T' } O N O M n O to 10 IL O O O O O O O O O O O O O O O O O N O Lo O O O O O O 00 O 10 c07 m N V M mO c O O O OO NG O WO Lo Lo N NGo M v 1- N c0 N W U. to O U i'iawr Rc �N a w to v c c�5w�0 � � � (D n w m 0 �� ii a;E�E�m o'LLc t/J > ��IDEg oc oc m E ;a. d d .- r d j f� LLI O pc E m c c� v .,LN. ' o > N �] t D C Q Q O Y O e25 d C E y to N d N V O C C Q a V O U= L d a mm�tn E cnaUE2Ecn O .� ¢�E-�cna N E w O _ CD �`-� ioE��caaalY(L<U) �U- 0 m 10. M O cni nLo Lo M co n w - O Z o M o 'd' o c0 co c0 co co Ito (0 (DU) ccoo On � oOD O 0 O Lo N O u O 0 O 0 O O 0 O 0 O O O O OI 0 O 0 O 0 O o O n O O N 0 7 OI O Opp CT LoO col M O n O OI O G Q g:F I co N W u7l to ICI n N n p ap' a- �I NI v co I-„r;_ I I I I .. � O O' a) ID C-a C N N m NMco O O O O n W C C C C . 00 NCO M M N O c0�1 O M cMD cN0 C d C N C N N �M M O O C� C� C� IV-6 PI u v C o i N iy M OO D O P ' H N N cn O O N O 7.P � GI N N M O•r C O O O O O O O O O m o 0 0 0 0 0 0 0 1 m" N N co O M to) O P N h m Ncq w P b C toil w Y N Z N U w � N d w v ' =d mace d c aci �m �a) c c ..o^ V ayO mN 2>O nN '"aOO >C � co CLU 5 .Emo in�n0 a dUwY to&a ¢70.�>O dN a ,U_dOOOOOOOU O O N O O O O O O O 10E i O O N N W O M M O N to) 07 O "O = V w 'O h e0 cOF 'aw 'O �F � tF ...' C a O'D O'D O'D O'D O'D O 'o O m 010 O'D Pdi P2 ROPS 14-15B January 1-June 30, 2015 RESOLUTION 2010 —13 Exhibit ` 0" RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A GRANT AGREEMENT BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) AND THE CITY OF NATIONAL CITY FOR A MAXIMUM AMOUNT OF $2,000,000 FOR THE 8TH STREET CORRIDOR SMART GROWTH REVITALIZATION PROJECT WHEREAS, on February S. 2009. thw City Council adopted Resolution No. 2009- 19, authorizing the filing of a TransNet Smart Growth Incentive Program ("SGIP") Grant application for the 8th Street Corridor Smart Growth Revitalization Project (the "Project"); and WHEREAS, on May 22, 2009, SANDAG approved the Project for TansNet SGIP funds in the amount of $2,000,000; and WHEREAS, the total Project cost is estimated at $3,500,000; $2,000,000 SGIP grant funds, $500,000 matching funds from City Tax Increment, and. $1,000,000 match from Rule 20A for SDG&E Utility Undergrounding; and WHEREAS, the westem portion of the Project provides for improvements from the 8th Street Trolley Station to National City Boulevard, and the eastern portion between National City Boulevard and D Avenue. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Grant Agreement between SANDAG and the City of National City for a maximum amount of $2,000,000 for the 8th Street Corridor Smart Growth Revitalization Project. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of Janua , 2010. ATTEST: VOMM&rrlson,Mayor e Mi el R. D la, ity Clerk APPROVED AS TO FORM: George H. iser, lit 0ty Attomey Passed and adopted by the Council of the City of National City, California, on January 19, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, Calfomia m MICHAEL R. DALLA City Clerk of the City of National City, California I HEREBY CERTIFY that the above -and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-13 of the City of National City, California, passed and adopted by the Council of said City on January 19, 2010. City C erk of the City 61 National City, California By, — Deputy P2 v $ $ 08 m m $ d g $8 Q 00 O$' 0 8 in N yy � O pp lei Q O $ O r0l, 8 O m [J _ dl C 1 [O O Ln m = t W a8m w vn $ $ $16 m QQY^NCV $ O 0N Q 2$ r tY to I �I I 5.I Nau7c vJ (J i; i7�M�G7.N �g U. MIN M a � o o�m -- � 000400000 al pg� a 0 v C 8n� e9 m W a M m IL a N ® m ^ I SO m o d G aO O W 8� m ow N N N N N N y 2�s�yj ay0p�roapym�.n w �Rmca irrw.arow .n a a N1� uJ (3 r(�U tm.NN Niel N�M�0) VJ6 W �4_l E K C K K K K K V W Z2 g m m a;m m F a•�p3"�ianm� cEE-`o0,�f,mo Z m S Se�oi S0003 rn o 0 0 0 0 0 o c' 'e18 c m (Page 1 of 2) ROPS 14-15B January 1-June 30, 2015 Exhibit "q" RESOLUTION NO. 2010— 105 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A 30-YEAR LEASE AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR PROPERTY IN PEPPER PART{ FOR THE CONSTRUCTION OF THE NATIONAL CITY AQUATIC AND EDUCATION CENTER WHEREAS, the Community Development Commission of the City of National City ("CDC") has been working cooperatively since 2004 to develop a permanent facility in Pepper Park for the National City Aquatic and Education Center; and WHEREAS, the project has been on continuing extensions for building permits with the National City Building Division for more than two years because funding for construction has not been available; and WHEREAS, on May 4, 2010, the City Council authorized staff to apply for construction funding through a State Grant for Outdoor Education Facilities; and WHEREAS, proof of property control, such as a lease agreement, is required for the grant; and WHEREAS, a 30-year lease agreement between the City of National City and the Unified Port of San Diego at the cost of $1 per year is proposed wherein the CDC will lease 8,412 square feel of land immediately south of the Pepper Park parking lot and immediately east of the boat launch ramp. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute a 30-Year Lease with the San Diego Unified Port District for property in Pepper Park for the construction of the National City Aquatic and Education Center. Said Lease Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 18th day of May, 2010. VondcMZrnson.,Chavman ATTEST, a Secretary APPROVED AS TO FORM: /) all'_= - George H. Eiser, M City Attorney (Page 2 of 2) Passed and adopted by the Community Development Commission of the City of National City, California, on May 18, 2010, by the following vote, to -wit: Ayes: Commissioners Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Chairman, Community Development Commission Secretary, C elopment Commission By-, Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-105 of the Community Development Commission of the City of National City, California, passed and adopted on May 18, 2010. By: Secretary, Community Development Commission Deputy P2 a ROP514-15B January 1- June 30, 2015 Exhibit "R" San Diego unified Port DiMot Dooumont No. 567 `3J Filed' JI!(2 9 2040 . Office of the DWot Clerk SAN DIEGO UNIFIED PORT DISTRICT LEASE TO COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY OF PROPERTY LOCATED AT GOESNO PLACE NATIONAL CITY, CALIFORNIA FOR THIRTY (30) YEARS COMMENCING January 1, 2011 AND ENDING December 31, 2040 DUPLICATE - ORIGINAL p, TABLE OF CONTENTS Paragraph/Exhibit Page Number 1. TERM.................................................................................................................1 2. USE....................................................................................................................1 3. RENT.................................................................................................................1 4. IMPROVEMENTS..............................................................................................2 5. CONSTRUCTION OF IMPROVEMENTS...........................................................3 6. TITLE TO IMPROVEMENTS..............................................................................4 7. LIENS.................................................................................................................5 8. LEASE ENCUMBRANCE..................................................................................5 9. ASSIGNMENT - SUBLEASE...........................................................................10 10. DEFAULTS AND REMEDIES........................................................................12 11. BANKRUPTCY..............................................................................................15 12. EMINENT DOMAIN........................................................................................15 13. TERMINATION OF PRIOR AGREEMENTS..................................................15 14. USE OBLIGATION.........................................................................................15 15. MAINTENANCE AND REPAIR.......................................................... :........... 16 d 16. PERFORMANCE BOND................................................................................17 17. TAXES AND UTILITIES.................................................................................17 18. CONFORMANCE WITH LAWS AND REGULATIONS..................................17 19. EQUAL EMPLOYMENT OPPORTUNITY AND NON-DISCRIMINATION ...... 17 20. NONDISCRIMINATION..................................................................................18 21. PARTIAL INVALIDITY...................................................................................18 22. HOLD HARMLESS........................................................................................18 23. SUCCESSORS IN INTEREST.......................................................................19 24. EASEMENTS.................................................................................................19 25. TITLE OF LESSOR.....................................................................................I...19 26. INSURANCE ..................................................................................................19 27. POLICY OF LESSOR....................................................................................22 28. WARRANTIES-GUARANTEES-COVENANTS..............................................22 29. DAMAGE TO OR DESTRUCTION OF LEASED PREMISES ........................22 r2 30. QUITCLAIM OF LESSEE'S INTEREST UPON TERMINATION ....................23 31. PEACEABLE SURRENDER ...................... ......................23 .............................. 32. WAIVER.........................................................................................................23 33. HOLDOVER...................................................................................................23 34. SECTION HEADINGS....................................................................................24 35. ENTIRE UNDERSTAWDING..........................................................................24 36. TIME IS OF THE ESSENCE..........................................................................24 37. NOTICES........................................................................ .......24 ........................ 38. REMOVAL OF MATERIALS..........................................................................25 39. ACCEPTANCE OF LEASED PREMISES......................................................25 40. WASTE/NUISANCE.......................................................................................25 41. NUMBER AND GENDER...............................................................................25 42. APPLICABLE LAW............................................................... ..........25 .............. 43. ATTORNEYS FEES......................................................................................25 44. HAZARDOUS MATERIALS...........................................................................26 45. STORAGE TANKS........................................................................................29 46. ENVIRONMENTAL DISCLOSURES..............................................................30 47. AS -IS LEASE AND WAIVERS ............................................... ........30 ................ 48. JOINT AND SEVERAL LIABILITY ............................................. ................... 33 49. ACKNOWLEDGMENT OF LESSOR'S IMPROVEMENTS ............................33 50. DISPUTE RESOLUTION................................................................................34 51. ABSTRACT OF LEASE................................................................................. 35 Exhibit W Exhibit "B" P3 LEASE THIS LEASE, made and entered into this 94 day of J1)" 20 IU between the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, hereinafter "Lessor," and COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission, hereinafter "Lessee," WITNESSETH: Lessor, for the consideration hereinafter set forth, hereby leases to Lessee for the term and upon the conditions hereinafter set forth, a portion of those lands conveyed to the San Diego Unified Port District by that certain Act of the Legislature of the State of California entitled "San Diego Unified Port District Act," Stats. 1962, 1 st Ex. Sess., c. 67, as amended, which lands are more particularly described as follows: Approximately 8,412 square feet of land area located at south end of Goesno Place in National City, California, hereinafter "Leased Premises", more particularly described and delineated on attached Drawing No. 028-025 dated September 12, 2008 and marked as Exhibits "A" and W, attached hereto and by this reference made a part hereof. TO HAVE AND TO HOLD said Leased Premises for the term of the Lease and upon the conditions as follows: 1. TERM: The term of the Lease shall be for a period of thirty (30) years, commencing on the 1st day of January, 2011, hereinafter called the "Commencement Date," and ending on the 31st day of December, 2040, hereinafter called the "Termination Date," unless sooner terminated as herein provided. Provided however on the mutual agreement of the parties, Lessee shall, however, have the option to extend this Lease for one, five (5) year term. 2. USE: Lessee agrees that the Leased Premises shall be used only and exclusively for an aquatic and recreational center and for no other purposes whatsoever. This.restriction on use of the Leased Premises absolutely prohibits a change in use. 3. ' RENT: Consideration is primarily the benefit to Lessor and the people of the state of California of having Lessee agrees to pay to Lessor rent in accordance with the following: (a) The rent for this Lease shall be the sum of One Dollar ($1.00) per year. Said rent shall be payable in advance on or before the first (1st) day of the first (1st) month of each calendar year. It is acknowledged that the use provided herein is a public benefit and is further consideration for this agreement. (b) All payments shall be delivered to Lessor's Treasurer. Checks shall be made payable to the San Diego Unified Port District and mailed to the Treasurer's Office, P4 San Diego Unified Port District, Post Office Box 120488, San Diego, California 92112-0488, or delivered to the Treasurer's Office, San Diego Unified Port District, 3165 Pacific Highway, San Diego, California. Lessor may change the designated place of payment and filing at any time upon ten (10) days' written notice to Les ce. Lessee assumes all risk of loss and responsibility for late charges, as herein described, if payments are made by mail. (c) All payments by Lessea to I_acsor Shan be F— a good and sufficient i heck. No payment made by Lessee or receipt or acceptance by Lessor of a lesser amount than the correct amount of rent due under. this Lease shall be deemed to be other than a payment on account of the earliest rent due hereunder, nor shall any endorsement or statement on any check or any letter accompanying any check or Payment be deemed an accord and satisfaction, and Lessor may accept such check or payment without prejudice to Lessor's right to recover the balance or pursue any other available remedy. In accordance with the procedures described herein, Lessee may, at its own expense, make alterations or changes, or cause to be made, built, installed, or removed any structures, machines, appliances, utilities, signs, or other improvements necessary or desirable for the authorized use of the Leased Premises. Provided, however, said work shall be in accordance with plans and specifications, including but not limited to working drawings, hereinafter'Plans," previously submitted to and approved in writing by Lessor. No construction, installation, or removal of any improvement upon the Leased Premises shall commence without Lessor's prior written approval. All construction, Installations, and removals shall be in accordance with Plans submitted to and approved in writing by Lessor prior to the commencement of any such work. All Plans are subject to changes as may be approved by Lessor, in Lessor's sole discretion. Further, all work shall be in accordance with all applicable laws, regulations, ordinances, and codes. Notwithstanding the foregoing, within the interior of any enclosed building structure, and without Lessor's prior consent, Lessee shall have the right to install and/or remove machines, equipment, appliances, and trade fixtures that are necessary or desirable for the authorized use of the Leased Premises. When required by Lessor, Lessee shall, at its sole cost and expense, pave or landscape the entire portion of the Leased Promises not covered by structures. Ail paving and/or landscaping shall be in accordance with Plans which must be submitted to and approved in writing by Lessor prior to the commencement of any such paving and/or landscaping. (e) Lessee shall notify Lessor prior to submitting application(s) to any governmental regulatory agency for any development or construction permit or license pertaining to the Leased Premises. Lessee shall also provide Lessor with a copy of all applications) within five (5) days of making said application(s), along with copies of all Plans submitted as part of the application(s). Lessee shall also provide Lessor, within ten (10) days of Lessee's receipt, a copy of all permits, licenses, or other authorizations subsequently issued. PA Lessee agrees that no banners, pennants, flags, spinners, or other advertising devices, nor any temporary signs, shall be flown, installed, placed, or erected on the Leased Premises without Lessor's prior written consent. 5. CONSTRUCTION OF IMPROVEMENTS: On or before December 31, 2012, Lessee shall provide evidence of financial capability and commence the construction of and diligently proceed to completion, a aquatic and recreation center, hereinafter "Project." The Project shall be substantially in accordance with plans and specifications, including but not limited to working drawings, hereinafter "Plans," previously approved in writing by Lessor, subject to changes thereto as may be approved by Lessor, in Lessor's sole discretion. Said Plans, and any approved changes thereto, are by this reference made a part hereof. Construction of the Project shall be completed by no later than December 31, 2015. Provided, however, the commencement and completion dates may be extended pursuant to Paragraph 5(e) herein. In the event of any inconsistency between the Plans and the terms and conditions of this Lease, the terms and conditions of this Lease shall prevail. (b) Lessee shall, as a condition of this Lease, but not as a covenant, make an investment in the Project improvements in an amount which shall exceed Two - million One -Hundred Thirty-seven Thousand Five -hundred Sixty-one Dollars ($2,137,561), provided that funding is available for the project. Such investment is qualification for the term of this Lease and is not a portion of the rent obligations provided in Paragraph 3 herein. Further, neither such Investment, nor such improvements, nor any other Lessee investment or improvement shall be considered by the parties hereto or any arbitrator (in the event of arbitration) in determining any rent during the t9rm of this Lease. It is agreed that the funding for the project Improvements is not to be provided by Lessee, but from outside sources, unless Lessee determines to become the source of funding. Investment in the Project improvements referenced in Paragraph 5(b) above shall include an investment of not less than Twenty-one Thousand Three -hundred Seventy-six Dollars ($21,376) in public artworks. No public artwork shall be installed on the Leased Premises unless the written approval of the Lessor has been granted. Acceptable forms of public artworks are described in Lessor's Board of Port Commissioners' Policy No. 609 and include, but are not limited to, paintings, sculptures, works of visual art, and artist -designed landscapes. (d) Within sixty (60) days following completion of any substantial improvement within the Leased Premises, but at not less than quarterly intervals, Lessee shall furnish Lessor an itemized statement of the actual construction cost of such improvement. The statement shall be sworn to and signed, under penalty of perjury, by Lessee or its responsible agent. Lessee shall maintain true, accurate, and complete records to support said statement. Such records shall include, but are not limited to a general ledger, vendor invoices, cancelled checks, construction loan documentation, agreements with third -party contractors, and contractor progress payment billings. Additionally, 3 P6 should Lessee perform any construction in-house, Lessee shall substantiate the actual work performed by maintaining a payroll journal, copies of cancelled payroll checks, and timecards or other payroll documents which show dates workers, hours worse, and pay rates. Books and records herein required shall be maintained and made available either at the Leased Premises or at such other location as is agreeable to Lessor. Further, Lessor shall have the right at any and all reasonable times to examine and audit said books and records without restriction for the purpose of determining the accuracy thereof, and the accuracy of the aforesaid statement. In the event Lessee does not make available the original books and records at the Leased Premises or Within the limits of San Diego County, Lessee agrees to pay all necessary expenses incurred by Lessor In conducting an audit at the ' location where said books and records are maintained. (a) The time(s) during which Lessee's construction is delayed by acts of God, war, invasion, rebellion, revolution, insurrection, riots, labor problems, unavailability of materials, government intervention, or acts or omissions of Lessor, shall be added to the times for the commencement and completion of construction established in Paragraph 5(a) herein. Provided, however, in no event shall the period of excused delay exceed 365 days In the aggregate. (f) Failure to comply with this Paragraph is a breach of this Lease and cause for tenmination in accordance with Paragraph 10 herein. 6. TITLE TO IMPROVEMENTS: For the purpose of this Paragraph, °improvements" shall include, but are not limited to subsurface improvements. On the Commencement Date of this Lease, all existing structures, buildings, installations, and improvements located on the Leased Premises are owned by and title thereto is vested in Lessee. All said existing structures, buildings, installations, and Improvements, as well as structures, buildings, installations, and improvements of any kind placed on the Leased Premises by Lessee subsequent to the Commencement Date of this Lease shall, at the option of Lessor, be removed by Lessee at Lessee's expense. Lessor may exercise said option as to any or all of the structures, buildings, installations, and improvements after the Termination Date or sooner termination of this Lease. If Lessor exercises such option, Lessee shall remove subh structures, buildings, installations, and/or improvements within sixty (60) days after the Termination Date of this Lease or sooner termination thereof, whichever occurs earlier. Provided, however, Lessee agrees to repair any and all damage occasioned by their removal. Title to any such structures, buildings, installations, and/or improvements not so removed within said sixty (601 days ,than vest in Lessor, at a cost of one -hundred ($100) dollars paid to Lessee, except that Lessor shall have the right to have them removed and to repair any and all damage occasioned by their removal, all at the expense of Lessee. On the Commencement Date of this Lease, all existing machines, appliances, equipment, trade fixtures, and portable public artworks (i.e., artworks that are not architecturally integrated into the structures and buildings and are capable of being removed and transported to another location without being damaged) located on the Leased Premises are owned by and title thereto is vested in Lessee. Furthermore, all machines, appliances, equipment, trade fixtures, and portable public artworks placed on the Leased Premises by 4 Lessee subsequent to the Commencement Date of this Lease are owned by and title thereto Is vested in Lessee. All machines, appliances, equipment, trade fixtures, and portable public artworks shall be removed by Lessee, at Lessee's expense, within sixty (60) days after the Termination Date of this Lease or sooner termination thereof, whichever occurs earlier. Provided, however, Lessee agrees to repair any and all damage occasioned by their removal. Notwithstanding the foregoing, any machines, appliances, equipment, trade fixtures, and portable public artworks placed on the Leased Premises by Lessee as qualification for the term of this Lease pursuant to Paragraph 5 herein, as well as portable public artworks located on the Leased Premises on the Commencement Date of this Lease, may only be removed by Lessee, at Lessor's option. If machines, appliances, equipment, trade fixtures, and portable public artworks required by Lessor to be removed are not removed by Lessee within sixty (60) days after the Termination Date of this Lease or sooner termination thereof, whichever occurs earlier, the same may be considered abandoned and shall thereupon become the property of Lessor, at a cost of one -hundred ($100) dollars paid to Lessee, except that Lessor shall have the right to have them removed and to repair any and all damage occasioned by their removal, all at the expense of Lessee. During any period of time employed by Lessee under this Paragraph to remove structures, buildings, installations, improvements, machines, appliances, equipment, trade fixtures, and portable public artworks, Lessee shall continue to pay the full rent to Lessor in accordance with this Lease, which said rent shall be prorated daily. 7. LIENS; Lessee shall defend, indemnify, and hold harmless Lessor against all claims and liens for labor, services, or materials in connection with improvements, repairs, or alterations made by Lessee or Lessee's sublessees, contractors, and agents on the Leased Premises, and the costs of defending against such claims and liens, including reasonable attorneys' fees. In the event any such claim or lien, or any other claim(s), liens) or levy(les) whatsoever of any nature caused by Lessee or Lessee's sublessees, contractors, and agents, is filed against the Leased Premises or the leasehold interests of Lessee therein, Lessee shall, upon written request of Lessor, deposit with Lessor a bond conditioned for the payment in full of all claims upon which said lien(s) or levy(les) have been flied. Such bond shall be acknowledged by Lessee, as principal, and by an entity licensed by the Insurance Commissioner of the state of California to transact the business of a fidelity and surety insurance company, as surety. Lessor shall have the right to declare this Lease in default in the event the bond required by this Paragraph has not been deposited with Lessor within ten (10) days after written request has been delivered to Lessee. This provision shall not apply to a foreclosure of a trust deed or mortgage encumbering the leasehold if the encumbrance has previously received Lessor consent in accordance with Paragraph 8 herein. 8. LEASE ENCUMBRANCE: (a) Lessors Consent to Encumbrance. Lessee shall not encumber the Lease, leasehold interest, and the improvements thereon by a deed of trust, mortgage, or 5 r8 other security instrument to assure the payment of Lessee's promissory note, without Lessor's prior written consent, in each instance.. If Lessee enters Into any deed of trust, mortgage, or other security Instrument that encumbers the Lease, ieasehotd interest, or the improvements thereon without Lessor's prior written consent, Lessor shall have the right to declare this Lease in default. in uie event Lessee requests Lessors consent to any Lease encumbrance, hereinafter referred to as a 'transaction" in this Paragraph 8, Lessoc shall reimburse Lessor for all Lessors reasonable costs and expenses associated with said transaction. Said costs shall include reasonable legal fees and disbursements relating to or arising out of any such transaction, regardless of whether such transaction is consummated. (b) monition of "Consented -to -Lender". The tern "Consented -to -Lender" as hereinafter used in this Lease, means the lender holding an encumbrance consented to by Lessor. It may include one or more lenders holding obligations of the Lessee secured by a single deed of trust, mortgage, or other security instrument (c) Voluntary Lease Surrender. Without the prior written consent of the Consented -to - Lender, should Lessee owe the Consented -to -Lender any amounts under any security instrumont encumbering this Lease, leasehold interest, or the improvements thereon, Lessor will not accept the voluntary surrender, cancellation, or termination of this Lease before the expiration of the term thereof. (d) Loan Default. If a deed of trust, mortgage, or other security Instrument consented to by Lessor is in default at any time, the Consented -to -Lender shall, as provided by law, have the right, without Lessors prior consent, to: (1) Accept an assignment of the Lease in lieu of foreclosure; or (2) Cause a foreclosure sale to be field pursuant to either judicial proceedings or power of sale as provided in its deed of trust, mortgage, or other security instrument. Provided, however, with the exception of said Consented -to -Lender, no assignment to the successful bidder shall be effective without Lessors prior written consent. (e) Assume Lease Obligations. Before said Consented -to -Lender, or any other future consented -to assignee, acquires the leasehold Interest, it shall, as an express condition precedent, agree in writing to assume each and every obligation under the Lease. Furthermore, before any said Consented -to -Lender, or any other future consented -to assignee or purchaser, may subsequently assign or sublease all or any portion of the leasehold interest, it shall, in each instance, obtain Lessor's prior written consent. Further, a Consented -to -Lender that has: (1) acquired the leasehold interest and assumed the Lessee's obligations, or (if) entered Into a new lease pursuant to Paragraph 10 herein, concurrently with a termination of this Lease, shall be released from all further obligations under this Lease after it assigns the leasehold interest to an assignee consented to by Lessor, in accordance with this Paragraph 8. N (f) Lessor's Consent to Assignment. Whenever a Consented -to -Lender is required by the provisions of this Paragraph 8 to obtain Lessor's prior consent to an: Assignment to the successful bidder upon a foreclosure by said Consented -to - Lender, or (2) Assignment or sublease of all or substantially all of the Leased Premises by said Consented -to -Lender should it become the lessee by reason of: (1) being the successful bidder upon said foreclosure, or (ii) an assignment in lieu of foreclosure, or (III) under a new lease entered into pursuant to Paragraph 10 herein; then Lessor will grant such consent if. (i) The principal(s) of such assignee, purchaser, or sublessee are reputable (meaning the absence of reputations for dishonesty, criminal conduct, or association with criminal elements — "reputable" does not mean "prestigious," nor does the determination of whether one is reputable involve considerations of personal taste or preference); (ii) The principal(s) of such assignee, purchaser, or sublessee possess sufficient business experience and financial means to perform Lessee's obligations under this Lease —according to the then -current standards for business experience and financial means that Lessor generally requires of new or renewed lessees at the time of the request; and (III) The assignee, purchaser, or sublessee agrees in writing to assume each and every obligation under this Lease. Further, Lessor will not unreasonably or arbitrarily withhold such consent. Provided, however, no such assignee, purchaser, or sublessee shall subsequently: (1) assign, transfer, or sublease any or all of the Leased Premises without Lessor's prior written consent, in accordance with Paragraph 9 herein; or (ii) encumber the Lease, leasehold interest, and improvements thereon without Lessor's priorwritten consent, in accordance with this Paragraph 8. Provided further, if said Consented -to -Lender becomes the lessee by reason of: (1) being the successful bidder upon foreclosure, or (11) an assignment in lieu of foreclosure, or (iii) being the lessee of a new lease entered into pursuant to Paragraph 10 herein, then said Consented -to -Lender may, upon a subsequent assignment or subleasing of all or substantially all of the Leased Premises, take back from its assignee, purchaser, or sublessee, a purchase money deed of trust, mortgage, or security instrument. Provided, however, said Consented -to -Lender must execute and submit to Lessor documentation substantially in the same form and content as was originally submitted to Lessor when consent was granted to the earlier encumbrance. Only said Consented -to -Lender or the successful bidder upon said foreclosure may enforce the provisions of this Paragraph 8. Further, no other third party shall have the rights or remedies, as third -party beneficiaries, or otherwise, hereunder. 7 The burden of producing evidence and the burden of proof showing Lessor that a prospective assignee, purchaser, or sublessee meets each and all of the aforesaid qualifications and standards shall be on said Consented -to -Lender or successful bidder upon foreclosure. Lessor's decision shall be based upon Lessor's high duty of care in administering a valuable public resource, which it holds in trust for the people of the state of Califomia. In the absence of fraud or arbitrary or unreasonable action in applying or failing to apply said standards, Lessor's dedslo ; shall be final. (g) If Lessor Rejects Lease Transferee. In the event Lessor rejects: (1) the successful bidder upon foreclosure, or (it) a proposed assignee or sublessee of the Consented - to -Lender (said successful bidder or Consented -to -Lender being sometimes referred to hereinafter as the "Aggrieved Party," and said successful bidder, or proposed assignee or sublessee from the Consented -to -Lender being sometimes referred to hereinafter as the "Applicant), the sole remedy of the Aggrieved Party shall be to seek relief in the nature of specific performance through the arbitration procedure hereinafter established. Further, in no event shall Lessor be liable to the Aggrieved Party or Applicant, or any person or entity whatsoever, for money damages. Provided, however, the Aggrieved Party shall be entitled to recover such damages, If any, it may sustain as a result of Lessor's failure or refusal to comply with a Superior Court order confirming an award in favor of the Aggrieved Party in said arbitration. The issue to be submitted to arbitration shall be whether Lessor's Board of Port Commissioners' record contains substantial evidence to support the decision to reject the Applicant in accordance with the standards of reputation, business experience, and/or financial means, as provided herein. The Aggrieved Party may submit said Issue to arbitration. The arbitration shall be conducted pursuant to Title 9 of Part 3 of the Califomla Code of Civil Procedure (section references herein shall be to the Code of Civil Procedure), as amplified and modified by the following provisions: (1) Arbitration shall be initiated by the Aggrieved Party filing a written demand for arbitration with Lessor no later than thirty (30) days following Lessors adoption of a resolution rejecting the Applicant. If the Aggrieved Party so elects, Lessor shall be deemed to have adopted a resolution rejecting an Applicant if Lessor has not acted within ninety (90) days after the Aggrieved Party files a written application for Lessor to approve the Applicant; (2) Said arbitration shall be conducted by a single neutral arbitrator who io shall nut be a County of San Di-o resident; (3) If the parties have not agreed on the selection of the arbitrator within five (5) days after said demand for arbitration is filed, either party may petition the Superior Court of the state of California, county of San Diego, to select the arbitrator pursuant to Section 1281.6; (4) Each party shall submit its nominees, if any, to the court within five (5) days after said petition 13 served and filed; (5) Said arbitrator shall not conduct a trial de novo, but shall consider only said record before Lessor's Board of Port Commissioners. Provided, however, said arbitrator may consider evidence outside said record If the arbitrator believes that the Board's decision was affected by Lessor's fraudulent action which was not reasonably discoverable prior to the Board's decision; (6) Said arbitrator shall make the award in writing within forty-five (45) days of being appointed; (7) The right of any party to take depositions for discovery purposes, as provided in Section 1283.05, shall be waived; (8) Certain time periods established in said Title 9 shall be shortened as follows: (1) Sections 1284, 1288.4, 1290.2, and 1290.6—halved; Section 1288--four years to 30 days and 100 days to 15 days; and Oli) Section 1288.2--100 days to 15 days; (9) San Diego, California shall be the venue of the arbitration hearing and any court proceedings; (10) The decision of the Superior Court in any proceeding to confirm, correct, or vacate the award shall be final, and the parties to said arbitration waive any rights to appeal therefrom, as provided in Sections 1294 and 1294.2, or otherwise; and (11) The parties shall bear their costs, fees, and expenses incurred in connection with said arbitration, in accordance with the provisions of Section 1284.2. (h) Notice of Foreclosure Sale. Said Consented -to -Lender shall include a statement in any Notice of Foreclosure Sale covering the foregoing requirements for Lessor's consent to an assignment upon said foreclosure. (i) Subsequent Encumbrance. Except for subleases, utility easements, and other necessary rights -of -way, Lessor shall not expressly consent to a subsequent lien or encumbrance against the Leased Premises without said Consented -to -Lender's prior written consent. (j) —Assianment of Security Interest. Said Consented -to -Lender shall not assign Its security interest in the Leased Premises in whole or in part without Lessor's prior written consent, in each instance. Provided, however, Lessor's consent to such an assignment shall be deemed granted (and such assignee will for all purposes of this Lease be deemed to be a Consented -to -Lender) if the assignment is to: P12 (1) A financial institution in good legal standing under the laws of its jurisdiction of Incorporation having assets exceeding Five Hundred Million Dollars ($500,000,000); or (2) The United States of America or any state thereof, or any agency thereof; or (3) An assignee by operation of law; e.g., a state insurance department engaged in superfsing the liquidation or rehabilitation of an Insurance company lender. Provided, however, for purposes of the foregoing provisions "financial institution" shall mean: (1) an insurance company qualified to do business in the state of California; or (ii) a federally- or state -chartered bank, savings bank, or savings and loan association; or (Ili) a pension or retirement fund operated for the employees and former employees of, and regulated and controlled by, the United States of America or any state thereof, or any agency thereof; e.g., the California State Teachers' Retirement System. . Provided, further, no subsequent assignment by such assignee will be permitted unless: (1) The assignment conforms to all requirements of this Paragraph 8; (2) A duplicate original(s) of such assignment is furnished Lessor; and (3) In case of an assignment where Lessor's consent is deemed granted: (i) assignee promptly furnishes Lessor reasonably satisfactory evidence that said assignee complies with the foregoing requirements, and (ii) said assignee expressly agrees to take such assignment subject to all Lessor's rights under this Lease. 9. ASSIGNMENT - SUBLEASE: Lessee shall not, without the prior written consent of Lessor: (a) Assign or transfer the whole or any part of this Lease or any interest therein; (b) Sublease (which shall also include management and/or operating agreements covering the Leased Premises) the whole or any part of tho Leased Premises; (c) Permit transfer of the Lease or possession of the Leased Prim- isas by merger, consolidation, or dissolution of Lessee; (d) Notwithstanding the provisions contained in Paragraph 8 herein, permit hypothecation, pledge, encumbrance, transfer or sale, voluntary or involuntary, in whole or in part, of this Lease or any interest therein; or (a) Permit the occupancy of the whole or any part of the Leased Premises by any other person or entity. 10 Notwithstanding the foregoing, nothing herein shall be construed to prevent the occupancy of said Leased Premises by any employee or business invitee of Lessee. Further, Lessee shall not, without the prior written consent of Lessor: (a) Permit assignment, hypothecation, withdrawal, admittance, dissolution, change, pledge, encumbrance, transfer or sale, voluntary or Involuntary, of any interest of a members managing interests, limiting interests or membership interests; (b) Contract for the management or operation of the whole or any part of the Leased Premises; or (c) Permit the transfer of the Lease or possession of the Leased Premises by any changes in the respective interests of the parties comprising Lessee. It is mutually agreed that the qualifications of the Lessee, are a part of the consideration for granting this Lease. Said parties do hereby specifically agree to maintain active control and supervision of the operations conducted on the Leased Premises. In the event Lessee requests Lessor's consent to any Lease assignment, Lease transfer, Lease amendment, and/or sublease, hereinafter referred to as a "transaction,° Lessee shall reimburse Lessor for all Lessors reasonable costs and expenses associated with said transaction. Said costs shall include reasonable legal fees and disbursements relating to or arising out of any such transaction, regardless of whether such transaction is consummated. In the event Lessor consents to any Lease assignment or transfer, said consent shall be conditioned upon the following: ([)_If, on the effective date of such proposed assignment or transfer, the rent being paid under this Lease is less than market rent, Lessor shall thereafter be paid additional rent to equal market rent; (ii) assignee shall agree and assume each and every obligation under the Lease; (iii) if deemed necessary by Lessor, a Lease amendment shall be executed which will include new or revised lease provisions; and (iv) assignee shall comply with other conditions and qualifications determined by the Board of Port Commissioners of Lessor. Notwithstanding, Items (1), (Ili), and (Iv) shall not apply in the event of: (a) a Lease assignment or transfer to a third party from a Consented -to -Lender which acquired title to the Lease by foreclosure or deed in lieu of foreclosure or a new Lease pursuant to the provisions of Paragraph 10 herein, or (b) assignment or transfer of the Lease to a Consented -to -Lender by deed in lieu of foreclosure, or to a Consented -to - Lender or a third party as the successful bidder at a foreclosure sale. Upon the effective date of any said consented -to Lease assignment or transfer, assignee shall thereafter pay to Lessor the market rent. In the event Lessor consents to any sublease, said consent shall be conditioned upon the following: (1) if, upon the effective date of any said consented -to sublease, the rent being paid for the sublease area is less than market rent, Lessor shall thereafter be paid additional rent to equal market rent for the sublease area as long as said sublease is in effect; (li) if deemed necessary by Lessor, a Lease amendment shall be executed which shall include new or revised lease provisions; and (Ili) Lessee shall comply with other conditions and qualifications determined by the Board of Port Commissioners of Lessor. 11 P14 10. DEFAULTS AND REMEDIES: (a) Defaults. The occurrence of any one (1) or more of the following events shall constitute a default hereunder: (i) Abandonment of the Leased Premises. Abandonment is herein defined to include, but is not limited to, any absence. by Lessee from the Leased Premises for ten (10) consecutive days or longer. (2) Failure by Lessee to pay, when due, any Lease -required rent, other payment, and/or charge herein, where such failure continues for a period of ten (10) days after written notice thereof. Provided, however, any such notice provided in this Paragraph 10(a)(2) or in subsequent Paragraph 10(a)(3) shall be in lieu of, and not in addition to, any notice required under Section 1161 of .the California Code of Civil Procedure, as amended. (3) Failure by Lessee to perform any other express or implied covenants or conditions in this Lease (other than any breach under Paragraph 9, for which Immediate notice of termination may be given), should such failure continue for thirty (30) days after written notice thereof. (4) Subject to any restrictions or limitations placed on Lessor by applicable laws governing bankruptcy, Lessee's: (a) applying for, consenting to, or suffering the appointment of a receiver, trustee, or liquidator for all or a substantial portion of its assets; (b) making a general assignment for the benefit of creditors; (c) admitting in writing its Inability to pay Its debts or Its willingness to be adjudged a bankrupt; (d) becoming unable to, or failing to, pay its debts as they mature; (a) being adjudged a bankrupt; (f) filing a voluntary petition or suffering an involuntary petition under any bankruptcy, arrangement, reorganization, or insolvency law (unless in the case of an involuntary petition, the same is dismissed within thirty (30) days of such filing); (g) convening a meeting of its creditors, or any class thereof, for purposes of effecting a moratorium, extension, or composition of its debts; or (h) suffering, or pernitting to continue unstayed and In effect for ten (10) consecutive days, any attachment, levy, execution, or seizure of all or a substantial portion of Lessee's assets or of Lessee's interest in this Lease. This Paragraph 10(ax4) shall not be applicable or binding on the beneficiary of any deed of trust, mortgage, or Other security i,^.str;,'ment on th© Leased Premises which is of record with Lessor and has been consented to by resolution of Lessor, or to said 'beneficiary's successors to interest consented to by resolution of Lessor, as long as there remains any monies to be paid by Lessee to such beneficiary under the terms of such deed of trust; provided that such beneficiary or its successors in interest, continuously and timely pays to Lessor all rent due or coming due under the provisions of this Lease and the Leased Premises are continuously and actively used in accordance with Paragraph 14 of this Lease, and provided that said beneficiary agrees in writing to assume and perform each and every obligation under the Lease. 12 (5) Failure by Lessee to comply with all time periods specified in this Lease. (6) Notwithstanding Paragraph 10(a)(5), failure by Lessee to timely comply with all other provisions of this Lease. (b) Remedies. In the event of any default, Lessor may exercise the following remedies: (1) Termination: Terminate Lessee's right to possession of the Leased Premises whereupon this Lease shall terminate and Lessee shall immediately surrender possession of the Leased Premises to Lessor. In such event, Lessor shall be entitled to recover from Lessee: (i) The "Worth at the Time of Award", as hereinafter defined, of the unpaid rent which had been earned at the time of termination; The Worth at the Time of Award" of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such loss that Lessee proves could have been reasonably avoided; The "Worth at the Time of Award" of the amount by which the unpaid rent for the balance of the term of this Lease after the time of award exceeds the amount of such loss that Lessee proves could have been reasonably avoided; and (iv) Any other amount necessary to compensate Lessor for all the detriment proximately caused by Lessee's failure to perform its obligations under this Lease, or which would ordinarily be likely to result therefrom, including but not limited to the cost of recovering possession of the Leased Premises, expenses of reletting (including necessary repair, renovation and alteration of the Leased Premises), reasonable attomeys' fees, and any other reasonable costs. The "Worth at the Time of Award- of the amounts referred to in Paragraphs 10(b)(1)(1) and 10(b)(1)(ti) shall be computed by charging interest at ten percent (10%) per annum from the dates such amounts accrued to Lessor. The "Worth at the Time of Award" of the amount referred to in Paragraph 10(bx1)(111) shall be computed by discounting such amount at one (1) percentage point above the Discount Rate of the Federal Reserve Bank of San Francisco at the time of the award. (2) Reletting: Without terminating or effecting a forfeiture of the Lease, or otherwise relieving Lessee of any obligation herein, Lessor may, but need not, relet the Leased Premises or any portion thereof, at any time or from time to time, for such terms and upon such conditions and rent as Lessor, in its sole discretion, deems proper. Regardless of whether the Leased Premises are relet, Lessee shall continue to pay to Lessor all Lease -required amounts up to the date that Lessor terminates Lessee's right to possession of the 13 P16 Leased Premises; provided, however, following a default, Lessor shall not unreasonably withhold its consent to any Lessee -requested assignment of this Lease or subletting of the Leased Premises, unless Lessor shall also elect to terminate this LcasG and Lessee's right to possession of the Leased Premises, as provided in Paragraph 10(b)(1). Such payments shall be due at the times provided in this Lease and Lessor need not wait until the termination of the Lease to recover said amounts. If Lessor relets the Leased Premises, or any portion thereof, such relettinp shall not relieve Lessee of any obligations herein, except that Lessor shall apply the rent or other proceeds actually collected for such reletting against amounts due from Lessee herein, to the extent such proceeds compensate Lessor for Lessee's nonperformance of any obligation herein. Lessor may execute any lease made pursuant thereto in its own name. Further, Lessor shall be under no obligation to reveal to new lessee how these proceeds were applied, nor shall said new lessee have any right to collect any such proceeds. Lessor shall not, by any reentry or other act, be deemed to have accepted Lessee's surrender of the Leased Premises or Lessee's interest therein, nor be deemed to have terminated this Lease or to have relieved Lessee of any obligation herein, unless Lessor shall have fumished Lessee with express written notice of Lessor's election to do so, as set forth herein.. (3) Other: Any and/or all other rights or remedies of Lessor specified elsewhere in this Lease or provided by law. In the event Lessor has consented to an encumbrance of this Lease for security purposes in accordance with Paragraph 8 of this Lease, it is understood and agreed that Lessor shall furnish copies of all notice(s) of default(s) to the beneficiary or mortgagee under said encumbrance by certified mail (provided Lessee has delivered to Lessor written request, therefore, together with the name and address of any such beneficiary or mortgagee) contemporaneously with the furnishing of such notices to Lessee. Furthermore, in the event Lessee fails to cure such default(s) within the time permitted herein, said beneficiary or mortgagee shall. be permitted to cure such defaults) at any time within fifteen (15) days following the expiration of the period within which Lessee may cure said default(s); provided, however, Lessor shall not be required to furnish any further notice(s) of defaults) to said beneficiary or mortgagee. In the event this Lease is terminated pursuant to the provisions of this Paragraph 10, Lessor shall continue to have all rights provided in Paragraph 6 of this Lease. Notwithstanding the foregoing, should a default not be cured within the cure periods referred to above, said Lease shall not be terminated as to said beneficiary or mortgagee unless Lessor first legally offers to enter into za valid lease with said beneficiary or mortgagee, and said offer is not accepted in writing within (30) days after said offer is made. Furthermore, such new lease must be entered into as a condition concurrent with such termination for the then -remaining term of this Lease. Furthermore, the new lease must contain the same terms, conditions, and priority as this, Lease, provided the mortgagee or beneficiary promptly cures all then -existing defaults under this Lease when and to the extent it is able to cure them. Such new lease may be entered into even though possession of the Leased Premises has not been surrendered by the defaulting Lessee. In such event, 14 unless legally restrained, Lessor shall promptly proceed to obtain possession of the Leased Premises and to deliver possession to said mortgagee or beneficiary as soon as the same is obtained. Should the mortgagee or beneficiary fail to accept said offer In writing within said thirty- (30) day period, or, having so accepted said offer, should it fail promptly to cure all existing defaults under this Lease when and to the extent It is able to cure them, then such termination shall also be effective as to said mortgagee or beneficiary. 11. BANKRUPTCY: Lessor shall have the right to declare this Lease in default if Lessee: (1) becomes insolvent; (ii) makes an assignment for the benefit of creditors; (iii) becomes the subject of a bankruptcy proceeding, reorganization arrangement, insolvency, receivership, liquidation, or dissolution proceeding; or in the event of any judicial sale of Lessee's leasehold interest. The conditions of this Paragraph shall not be applicable or binding on: (1) Lessee; or (2) the beneficiary in any deed of trust, mortgage, or other security instrument encumbering the leasehold Interest which Lessor has consented to in writing; or (3) the aforesaid beneficiary's successors in interest which Lessor has consented to in writing, as long as there remains any monies to be paid by Lessee to such beneficiary under the tenns of such deed of trust; provided Lessee; such beneficiary, or such beneficiary's successors in interest continuously pay to Lessor all rent due or coming due under the provisions of this Lease, and the Leased Premises are continuously and actively used in accordance with Paragraph 14 herein. 12. EMINENT DOMAIN: If any public authority takes the whole or a substantial part of the Leased Premises under the power of eminent domain, then the term of this Lease shall cease as to the part so taken from the day the possession of that part is taken. Further, the rent shall be paid up to that day. Lessee shall then have the right either to: (1) cancel this Lease and declare the same null and void; or (ji) continue in possession of the remainder of the Leased Premises under the then -current Lease terms. Provided, however, the rent shall be reduced in proportion to the value of the portion of the Leased Premises taken. 13. TERMINATION OF PRIOR AGREEMENT($): Any and all existing permits, leases, or rental agreements between Lessor and Lessee for the Leased Premises which have not already expired or terminated, are hereby terminated on the effective date of this Lease. Any rights, duties, and obligations of the parties, if any, pursuant to the terms, covenants, and conditions in any such hereby terminated agreements shall remain enforceable and subject to all defenses, including without limitation any applicable statute of limitations. Further, said statute shall not be waived or extended because of this Lease. Nothing herein is intended nor shall be construed as a waiver of any such rights, or as a release of any such duties or obligations; whether known or unknown at this time or upon the effective date of this Lease. 14. USE OBLIGATION: Lessee shall actively and continuously use and operate the Leased Premises for the limited particular exclusive use expressly provided for in Paragraph 2, herein, except for failure to so use caused by wars, strikes, riots, civil commotion, acts of public enemies, and acts of God. Said active and continuous use and operation enhances the value of the lands within Lessor's jurisdiction; provides needed public service; and provides additional employment, taxes, and other benefits to the general economy of the area. Lessee, however, shall not and is expressly prohibited from using the 15 P18 m Leased Premises for any other purpose or use whatsoever, whether it is purported to be in addition to or in lieu of the particular exclusive use expressly provided in Paragraph 2, herein. 15. MAINTENANCE AND REPAIR: As part of the consideration for this Lease, Lessee shall assume full responsibility for operation and maintenance of the Leased Premises throughout the term and without expense to Lessor. Lessee shall perform all maintenance, which includes all painting, repairs, and .rep"aca ,eats necessary to mainta lln and preserve the Leased Premises in a good, safe, healthy, and sanitary condition, satisfactory to Lessor and in compliance with all applicable laws. Provided, however, prior to Lessee performing any extraordinary repairs, plans and specifications must first be submitted to Lessor and receive Lessor approval, pursuant to the procedures provided in Paragraph 4 herein. Further, Lessee shall provide approved containers for trash and garbage and keep the Leased Premises free and dear of rubbish, litter, and any other fire hazards. Lessee waives all rights to make repairs at the expense of Lessor, as provided in Section 1942 of the California Civil Code, and all rights provided by Section 1941 of said Code. For the purpose of keeping the Leased Premises in a good, safe, healthy, and sanitary condition, Lessor always shall have the right but not the duty to enter, view, inspect, determine the condition of, and protect its interests in the Leased Premises. Provided, however, Lessor or its representatives shall: (a) conduct such entry in a manner that causes the least inconvenience and disruption to Lessee's operation as practicable; and (b) comply with all safety and security requirements of Lessee. It is not intended, however, that Lessee's safety and security requirements be used to bar Lessor's right of inspection. Further, Lessee shall provide Lessor reasonable access to the Leased Premises for such purpose. If inspection discloses the Leased Premises are not in the condition required herein, Lessee immediately must commence the necessary maintenance work, and complete said work within ten (10) days after written notice from Lessor. Further, if at any time Lessor determines the Leased Premises are not in the condition required herein, Lessor may require Lessee to file and pay for a faithful performance bond to assure prompt correction, without additional notice. The amount of said bond shall be adequate, in Lessor's opinion, to correct all unsatisfactory conditions. Notwithstanding, Lessor shall not be required to perform any maintenance, including painting, repairs, or replacements; or to make any improvements whatsoever on or for the benefit of the Leased Premises. The rights reserved in this Paragraph shall not create any obligations or increase any obligations for Lessor elsewhere in this Leese. 16 16. PERFORMANCE BOND: Lessee shall not commence any major construction upon the Leased Premises until performance bonds in the amount of the total estimated construction cost of the proposed improvements have been secured and submitted to Lessor. In lieu of said performance bonds, the Executive Director of Lessor may, in his sole discretion, accept performance and labor and material bonds supplied by Lessee's contractor or subcontractors, performance guarantees, or other satisfactory evidence that said construction will be timely completed. Said bonds must be in a form acceptable to Lessor and have been issued by a company qualified to do business in the state of California. 17. TAXES AND UTILITIES: This Lease may result in a taxable possessory Interest and be subject to the payment of property taxes. Lessee shall pay before delinquency all taxes and assessments of any kind assessed or levied upon Lessee or the Leased Premises by reason of: (1) this Lease; (Ii) any buildings, machines, or other improvements of any nature whatsoever erected, installed, or maintained by Lessee; or (III) the business or other activities of Lessee upon or in connection with the Leased Premises. Lessee also shall pay any fees imposed by law for licenses or permits for any business or activities of Lessee upon the Leased Premises, or under this Lease, and shall pay before delinquency any and all charges for utilities at or on the Leased Premises. 18, CONFORMANCE WITH LAWS AND REGULATIONS: Lessee agrees that, in all activities on or in connection with the Leased Premises, and in all uses thereof, including the making of any alterations, changes, installations, or other improvements, it will abide by and conform to all laws and regulations. Said laws and regulations shall include, but are not limited to those prescribed by the San Diego Unified Port District Act; any ordinances of the city in which the Leased Premises are located, including the Building Code thereof; any ordinances and general rules of Lessor, including tariffs; and any applicable laws of the state of California and federal government, as any of the same now exist or may hereafter be adopted or amended. In particular and without limitation, Lessee shall have the sole and exclusive obligation and responsibility to comply with the requirements of: (i) Article 10 of Lessor Code entitled "Stormwater Management and Discharge Control," and (ii) the Americans With Disabilities Act of 1990, Including but not limited to regulations promulgated thereunder, and Lessor shall have no such obligations or responsibilities as to the Leased Premises. 19. EQUAL EMPLOYMENT OPPORTUNITY AND NONDISCRIMINATION: Lessee shall comply with Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the California Constitution; the California Fair Employment and Housing Act; the Americans with Disabilities Act of 1990; and any other applicable federal, state, or local laws and regulations now existing or hereinafter enacted, requiring equal employment opportunities or prohibiting discrimination. This shall include without limitation, laws and regulations prohibiting discrimination because of race, color, religion, sex, national origin, ancestry, physical or mental disability, veteran status, medical condition, marital status, age, sexual orientation, pregnancy, or other non job related criteria. In complying with all such taws, including without limitation the Americans with Disabilities Act of 1990; Lessee shall be solely responsible for such compliance and required programs, and there shall be no allocation of any such responsibility between Lessor and Lessee. 17 P20 Annually, Lessee shall formulate and file with Lessor an approved: (1) "Equal Employment Opportunity and Nondiscrimination Program," and (li) 'Statement of Compliance" for the promotion of equal employment opportunities and nondiscrimination. Lessee shall make such progress reports as required by Lessor, and, upon Lessor's reasonable notice, Lessee shall make available for inspection and copying all of its records relevant to compliance with this Paragraph. Provided, however, Lessee is only required to file the Program and Statement when the average annual employment level operating on the Leased Premises exceeds fifty (50) ampioyecs. Provided further, should Lessee be subject to a federally - mandated afrrrmatW action program for employees, Lessee may; in lieu of filing the Program and Statement, annually certify in writing to Lessor that Lessee is subject to such a program, and, upon Lessor's request, Lessee shall furnish evidence thereof. For the purposes and provisions of this Paragraph, a sublessee shall be considered the Lessee should the sublessee become the prime operator of the Leased Premises. Lessee's compliance with this Paragraph is an express condition hereof, and any failure by Lessee to so comply and perform shall be a default as provided in this Lease, and Lessor may exercise any right as provided herein, and as otherwise provided by law. 20. NONDISCRIMINATION: Lessee agrees at all times to fully comply with all laws now existing or hereinafter enacted, prohibiting discrimination against any person or class of persons by reason of race, color, religion, sex, national origin, ancestry, physical or mental disability, veteran status, medical condition, marital status, age, sexual orientation, pregnancy, or other non job related criteria. In complying with all such laws, including without limitation the Americans With Disabilities Act of 1990, Lessee shall be solely responsible for such compliance, and required programs, and there shall be no allocation of any such responsibility between Lessor and Lessee. 21. PARTIAL INVALIDITY: If any term, covenant, condition, or provision of this Lease is held by a court of competent jurisdiction to be Invalid, void, or unenforceable, the remainder of the provisions herein shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated thereby. 22. HOLD HARMLESS: Lessee shall, to the fullest extent permitted by law, defend, Indemnify, and hold harmless Lessor and its officers, employees, and agents for any and all liability, claims, judgments, damages, proceedings, orders, directives, costs, including reasonable attomeys' fees, or demands arising directly or indirectly out of the obligations undertaken in connection with this Lease, or Lessee'd use, occupancy, possession or operation of the leased Premises, except claims or litigation arising through the sole negligence or willful misconduct of Lessor. It is the intent of,this Paragraph that Lessee Indemnify and hold harmless Lessor for any actions of Lessee or Lessor, including duties that may be legally delegated to Lessee or to third parties, except for those arising out of the sole negligence or willful misconduct of Lessor. This indemnity obligation shall apply for the entire time that any third party can make a claim against or sue Lessor for liabilities arising out of Lessee's use, occupancy, possession, or operation of the Leased Premises, or arising from any defect in any part of the Leased Premises. 18 23. SUCCESSORS IN INTEREST: Unless otherwise provided in this Lease, the terms, covenants, conditions, and agreements herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of all the parties hereto, all of whom shall be jointly and severally liable hereunder. 24. EASEMENTS: This Lease and all rights granted hereunder are subject to all easements and rights -of -way previously granted or reserved by Lessor in, upon, over, and across the Leased Premises for any purpose whatsoever. Said Lease and granted rights shall be subject to future easements and rights -of -way for access, gas, electricity, water, sewer, drainage, telephone, telegraph, television transmission, and such other Lessor or public facilities as Lessor may determine from time to time to be in the best interests of the development of the lands within Lessor's jurisdiction. Lessor agrees to make an effort to locate future easements and rights -of -way, and to install associated public facilities, so as to produce a minimum amount of interference with Lessee's business. Further, Lessee shall not be entitled to any monetary payment or other remuneration for any such future easements and rights -of -way. 25. TITLE OF LESSOR: Lessor's title is derived from the provisions of the San Diego Unified Port District Act, Appendix 1, Harbors & Navigation Code, and is subject to the provisions of said Act. This Lease is granted subject to the terms and conditions of said Act. 26. INSURANCE: Lessee shall maintain insurance acceptable to Lessor in full force and effect throughout the term of this Lease. The policies for said insurance shall, as a minimum, provide the following: (a) Forms of Coverage . (1) "OCCURRENCE" form Commercial General Liability covering the Leased Premises, operations, and contractual liability assumed by Lessee in this Lease in the amount of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage. The general aggregate shall be Four Million Dollars ($4,000,000) unless a Two Million Dollars ($2,000,000) per location aggregate limit is provided separate by endorsement. If alcoholic beverages are served or sold on the Leased Premises, Liquor Liability coverage In the amount of not less than One Million Dollars ($1,000,000) shall be obtained. If no alcoholic beverages are served or sold on the Leased Premises, the proof of insurance shall so state. (2) Fire and Extended Coverage, including water damage and debris cleanup provisions, in an amount not less than ninety percent (90%) of full replacement value of all improvements located within the Leased Premises. The fire and extended coverage policies shall be endorsed with a Loss Payee endorsement In favor of Lessor. It is agreed that any insurance proceeds in excess of Twenty -Five Thousand Dollars ($25,000) resulting from a loss under said policies shall be payable jointly to Lessor and Lessee to ensure that said proceeds will be reinvested in rebuilding and/or repairing the im P22 damaged portions of the Leased Premises and any damaged or destroyed improvements located thereon. Provided, however, ff there is a Lessor - consented to mortgage or deed of trust encumbering the leasehold, then all fire and extended coverage policies shall be made payable jointly to the mortgagee or beneficiary and Lessee, to ensure that any proceeds shall be held by said mortgagee or beneficiary for the following purposes: (i) As a trust fund to pay for the reconstruction, repair, or replacement of the damaged or destroyed improvements, in kind and scope, in progress payments as the work Is performed. Any funds remaining after completion of said work shall be retained by said mortgagee or beneficiary and applied to reduce any debt secured by such mortgage or deed of trust. Furthermore, any funds remaining after full payment of said debt shall be paid to Lessee; or (11) In the event that this Lease is terminated with consent of both Lessor and said mortgagee or beneficiary, and the improvements are not reconstructed, repaired, or replaced, the insurance proceeds shall be retained, without liability, by said mortgagee or beneficiary to the extent necessary to fully discharge the debt secured by said mortgage or deed of trust. Furthermore, said mortgagee or beneficiary shall hold the balance thereof to restore the Leased Premises to a neat and clean condition. Any remaining funds shall lastly be paid to Lessor and Lessee, as their interests may appear. (3) In tre event underground storage tanks are located on the Leased Premises, Lessee Is required to comply with Code of Federal Regulations, Title 40, Chapter I, Subchapter H or Title 23, Division 3, Chapter 18 of California Code of Regulations, collectively, herein "UST Law," At the time Lessee is required to comply with any provisions of UST Law requiring financial assurance mechanisms, Lessee shall provide Lessor with a certified copy of its Certification of Financial Responsibility. If Lessee's program for financial responsibility requires insurance, then Lessee's policy(ies) shall name Lessor and Its officers, employees, and agents as additional insureds, and all other terms of Subparagraph (b), below, shall apply. Should Lessee charge Its financial assurance mechanisms, Lessee shall immediately provide Lessor with a certified copy of its revised Certification of Financial Responsibility. (b) General Requirements (1) All required insurance shall w in force the first day of the term of this Lease, and shall be maintained continuously in force throughout the term of this Lease. In addition, the cost of all required insurance shall be borne by Lessee. During the entire term of this Lease, Lessee shall provide Lessor with Certificates, in a form acceptable to Lessor, evidencing the existence of the necessary insurance policies and original endorsements affecting coverage required by this Paragraph. The Certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind insurance on its behalf. Notwithstanding the foregoing, Lessor K11 reserves the right to require complete, certified copies of all required policies at any time. (2) All liability insurance policies shall name, 'or be endorsed to name Lessor and its officers, employees, and agents as additional insureds and protect Lessor and its officers, employees, and agents against any legal costs in defending claims. All liability policies shall provide cross -liability coverage. All insurance policies shall be endorsed to state that coverage will not be suspended, voided, cancelled, or reduced in coverage or in limits, except after Lessee has furnished Lessor with thirty (30) days' prior written notice by certified mail. All insurance policies shall be endorsed to state that Lessee's insurance is primary and not excess or contributory to any insurance issued in the name of Lessor. Further, all Insurance companies must be satisfactory to Lessor. (3) Any deductibles or self -insured retentions must be declared and acceptable to Lessor. If the deductibles or self -insured retentions are unacceptable to Lessor, then Lessee shall have the option to either. (1) reduce or eliminate such deductibles or self -insured retentions as respects the Lessor and its officers, employees, and agents; or, (ii) procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. (4) Lessor shall retain the right at any time to review the coverage, form, and amount of insurance required herein. If, in the opinion of Lessor, the Insurance provisions in this Lease do not provide adequate protection for Lessor and/or members of the public using the Leased Premises or using services connected with Lessee's use or occupancy of the Leased Premises, Lessor may require Lessee to obtain insurance sufficient in coverage, form, and amount to provide adequate protection. Lessor's requirements shall be reasonable, but shall be designed to ensure protection fromand against the kind and extent of risks that exist at the time a change in Insurance is required. (5) Lessor shall notify Lessee in writing of changes in the insurance requirements. With respect to changes in insurance requirements that are available from Lessee's then -existing insurance carrier, Lessee shall deposit Certificates evidencing acceptable insurance policies with Lessor incorporating such changes within sixty (60) days of receipt of such notice. With respect to changes in insurance requirements that are not available from Lessee's then- existing insurance carrier, Lessee shall deposit Certificates evidencing acceptable insurance policies with Lessor, incorporating such changes, within one hundred twenty (120) days of receipt of such notice. In the event Lessee fails to deposit insurance Certificates as required herein, this Lease shall be in default without further notice to Lessee, and Lessor shall be entitled to exercise all legal remedies. (6) If Lessee fails or refuses to maintain insurance as required in this Lease, or fails to provide proof of insurance, Lessor has the right to declare this Lease 21 P24 in default without further notice to Lessee, and Lessor shall be entitled to exercise all legal remedies. (7) The procuring of such required policies of insurance shall not be construed to limit Lessee's liability hereunder, nor to full the indemnification provisions and requirements of this Lease. Notwithstanding said policies of insurance, Lessee shall be obligated for the full and total amount of any damage, Injury, or loss caused by negligence or neglect connected with this Lease, or with the use or occupancy of the Leased Premises. (8) Lessee agrees not to use the Leased Premises in any manner, even if use is for purposes stated herein, that will result in the cancellation of any insurance Lessor may have on the Leased Premises or on adjacent premises, or that will cause cancellation of any other insurance coverage for the Leased Premises or adjoining premises. Lessee further agrees not to keep on the Leased Premises or permit to be kept, used, or sold thereon, anything prohibited by any fire or other insurance policy covering the Leased Premises. Lessee. shall, at its sole expense, comply with all reasonable requirements for maintaining fire and other insurance coverage on the Leased Premises. (c) Lessee may satisfy the requirements of this Paragraph 26(c) by maintaining its lawful self -insured status during the term of this Lease. Lessee to issue a letter of self-insurance to Lessor as a condition of this lease 27. POLICY OF LESSOR: It is Lessor's policy that prevailing wage rates shall be paid all persons employed on the lands within Lessor's jurisdiction. 28. WARRANTIES -GUARANTEES -COVENANTS: Lessor makes no warranty, guarantee, covenant, including but not limited to covenants of title and quiet enjoyment, or averment of any nature whatsoever concerning the condition of the Leased Premises, including the physical condition thereof, or any condition which may affect the Leased Premises. it is agreed that Lessor will not be responsible for any loss, damage, and/or costs, which may be incurred by Lessee by reason of any such condition or conditions. 29. DAMAGE TO OR DESTRUCTION OF LEASED PREMISES: Should Lessee -owned improvements be: (1) damaged or destroyed by fire, the elements, acts of God, or by any other muse; or (11) declared unsafe or unfit for occupancy or use by a public entity with the appropriate authority, (1) and/or (11) hereinafter "event,° Lessee shall, within ninety (90) days of such event, wmMonce and dlligentiy pursue to corriplation the repair, replacement, or reconstruction of the improvements necessary to permit full occupancy and use of the Leased Premises for the uses required herein. Repair, replacement, or reconstruction of such Improvements shall be accomplished in a manner and according to Plans approved by Lessor. Provided, however, Lessee shall not be obligated to repair, reconstruct, or replace the improvements following their destruction in whole or substantial part, except to the extent the loss is covered by insurance required pursuant to Paragraph 26 herein (or would be covered regardless of whether such required insurance is actually in effect). 22 If Lessee elects not to restore, repair, or reconstruct as herein required, then this Lease shall terminate. Further, Lessor shall have any rights to which it would be entitled under the provisions of Paragraph Nos. 26 and 6 herein. No event described herein shall relieve Lessee of its obligations to pay all rent and other amounts otherwise due hereunder. 30. QUITCLAIM OF LESSEE'S INTEREST UPON TERMINATION: Upon termination of this Lease for. any reason, including but not limited to termination because of default by Lessee, Lessee shall execute, acknowledge, and deliver to Lessor within thirty (30) days after receipt of written demand therefor, a good and sufficient deed whereby all Lessee's right, title, and interest in the Leased Premises is quitclaimed to Lessor. Should Lessee fall or refuse to deliver the required deed to Lessor, Lessor may prepare and record a notice reciting the failure of Lessee to execute, acknowledge, and deliver such deed. Said notice shall be conclusive evidence of the termination of this Lease and of all right of Lessee, or those claiming under Lessee, in and to the Leased Premises. 31. PEACEABLE SURRENDER: Upon expiration of this Lease or earlier termination or cancellation thereof, as herein provided, Lessee shall peaceably surrender the Leased Premises to Lessor in as good condition as the Leased Premises were at the Commencement Date of this Lease, except as the Leased Premises were repaired, rebuilt, restored, altered, or added to as permitted or required by the provisions of this Lease, ordinary wear and tear excepted, and subject to Paragraph 6 herein. If Lessee fails to surrender the Leased Premises at the expiration of this Lease or the earlier termination or cancellation thereof, Lessee shall defend and indemnify Lessor from all liability and expense resulting from the delay or failure to surrender, including without limitation any succeeding lessee claims based on Lessee's failure to surrender. 32. WAIVER: Should either Lessor or Lessee waive any breach by the other of any Lease covenant, condition, or agreement, such waiver shall not be, nor be construed to be, a waiver of any subsequent or other breach of the same or any other Lease covenant, condition, or agreement. Further, failure on the part of either party to require or exact the other's full and complete compliance with any of the Lease covenants, conditions, or. agreements shall not be, nor be construed as in any manner changing the terms, or preventing the enforcement in full, of the provisions hereof. In addition, Lessor's subsequent acceptance of rent hereunder shall not be deemed to be a waiver of any preceding Lessee breach of any Lease term, covenant, or condition, other than Lessee's failure to pay the particular rent so accepted, regardless of Lessor's knowledge of Lessee's preceding breach at the time rent is accepted. 33. HOLDOVER: This Lease shall terminate without further notice at expiration of the term. Any holding over by Lessee after either expiration or termination shall not constitute a renewal or extension, or give Lessee any rights in or to the Leased Premises. If Lessee, with Lessor's consent, remains in possession of the Leased Premises after Lease expiration or termination, such possession shall be deemed a month -to -month tenancy terminable upon thirty (30) days' notice furnished at any time by either party to the other. In addition, all provisions of this Lease, except those pertaining to temp, shall apply to the month -to -month tenancy, and Lessee shall continue to pay all rent required by this Lease. 23 P26 Provided, however, if percentage rent is required by this Lease, it shall be paid monthly on or before the tenth (10th) day of each month, Including the tenth (10th) day of the month following the expiration of any such holdover period. 34. PARAGRAPH HEADINGS: The Table of Contents and Paragraph Headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision thereof. 35. ENTIRE UNDERSTANDING: This Lease contains the entire understanding and agreement of the parties. Lessee acknowledges there is no other written or oral understanding or agreement between the parties with respect to the Leased Premises, and that this Lease supersedes all prior negotiations, discussions, obligations, and rights of the parties hereto. No waiver, modification, amendment, or alteration of this Lease shall be valid unless it is expressly in writing and signed by authorized representatives of the parties hereto. Each of the parties to this Lease acknowledges that no other party, agent, or representative has made any promise, representation, waiver, or warranty whatsoever, expressed or implied, which is not expressly contained in writing in this Lease. Each party further acknowledges it has not executed this Lease in reliance upon any collateral promise, representation, waiver, or warranty, or in reliance upon any belief as to any fact not expressly recited in this Lease. 36. TIME IS OF THE ESSENCE: Time is of the essence of each and all of the terms and provisions of this Lease. This Lease shall inure to the benefit of and be binding upon the parties hereto and any successors of Lessee as fully and to the same extent as though specifically mentioned in each instance. All covenants, conditions, and agreements in this Lease shall extend to and bind any assigns and sublessees of Lessee. 37. NOTICES: All notices provided for by this Lease or by law to be given or served upon Lessor or Lessee shall be in writing and: (1) personally served upon Lessor or Lessee, or any person hereafter authorized by either party In writing to receive such notice, or (II) served by certified letter addressed to the appropriate address hereinafter set forth, or to such other address designated In writing by the respective party. To Lessor Executive Director San Diego Unified Port District Post Office Box 120488 San Diego, CA 92112-0488 To Lessee Community Development Commision of National City Executive Director 1243 National City Boulovard National City, CA 919504301 Should any consented-to.assignee, consented -to purchaser, or Consented -to -Lender notify Lessor in writing of its desire to receive notices, such party shall also be personally served, or served by certified letter at such appropriate address designated in writing by the respective party. Any notice or notices given or served as provided herein shall be effectual and binding for all purposes upon the parties so served; provided, however, if served by certified mail, 24 service will be considered completed and binding on the party served forty-eight (48) hours after deposit in the U.S. Mail. 38. REMOVAL OF MATERIALS: Lessee shall, upon expiration of this Lease or sooner termination as herein. provided, remove within sixty (60) days all materials, including without limitation all ships, vessels, barges, hulls, debris, and surplus and salvage items, hereinafter "Materials," from the Leased Premises and adjacent property, so as to leave the same in as good condition as when first occupied by Lessee, subject to reasonable wear and tear. Provided, however, if Lessee fails to remove all Materials within sixty (60) days, Lessor may remove, sell, or destroy said Materials at the expense of Lessee. Further, Lessee agrees to pay Lessor the reasonable cost of such removal, sale, or destruction; or, at the option of Lessor, said Materials not removed, sold, or destroyed by Lessee shall become the property of Lessor, without cost to Lessor, and without any payment to Lessee. During any period of time required to remove said Materials, onto test for and/or remediate Hazardous Materials as required in Paragraph 44 herein, Lessee shall continue to pay the full rent to Lessor in accordance with. this Lease, which said rent shall be prorated daily. 39. ACCEPTANCE OF LEASED PREMISES: BY SIGNING THIS LEASE, LESSEE REPRESENTS AND WARRANTS THAT IT HAS INDEPENDENTLY INSPECTED THE LEASED PREMISES AND MADE ALL TESTS, INVESTIGATIONS, AND OBSERVATIONS NECESSARY TO SATISFY ITSELF OF THE CONDITION OF THE LEASED PREMISES. LESSEE AGREES IT IS RELYING SOLELY ON SUCH INDEPENDENT INSPECTION, TESTS, INVESTIGATIONS, AND OBSERVATIONS IN MAKING THIS LEASE. LESSEE ALSO ACKNOWLEDGES THAT THE LEASED PREMISES ARE IN THE CONDITION CALLED FOR BY THIS LEASE, THAT LESSOR HAS PERFORMED ALL WORK WITH RESPECT TO THE LEASED PREMISES, AND THAT LESSEE DOES NOT HOLD LESSOR RESPONSIBLE FOR ANY DEFECTS IN THE LEASED PREMISES. LESSEE FURTHERMORE ACCEPTS, AND SHALL BE RESPONSIBLE FOR, ANY RISK OF HARM TO ANY PERSON AND PROPERTY, INCLUDING WITHOUT LIMITAT ON, EMPLOYEES OF LESSEE, FROM ANY LATENT DEFECTS IN THE LEASED PREM ES. Initial Lessor essee 40. WASTE/NUISANCE: Lessee shall not Use the Leased Premises in a manner that constitutes waste or nuisance. 41. NUMBER AND GENDER: Words of any gender used in this Lease shall include any other gender and each word in the singular number shall include the plural whenever the tense requires. 42. APPLICABLE LAW: The Lease will be governed by and construed and enforced in accordance with the laws of the State of California. 43. ATTORNEY FEES: Should any suit be commenced to enforce, protect, or establish any right or remedy of any of the terms and conditions hereof, including without limitation a summary action commenced by Lessor under the laws of the state of California relating to the unlawful detention of property, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney fees and costs of suit. 26 P28 44. HAZARDOUS MATERIALS: (a) Definition of 'Hazardous Material." The term "Hazardous Material" shall mean any pollutant, contaminant, or hazardous, dangerous, or toxic chemical, material, or substance, including oil and petroleum products, which now or in the future may be within the meaning of any applicable, federal, state, or local law, regulation, ordinance, or requirement at any concentration that is or has become regulated by the United States, the State of California, or any local government authority having jurisdiction over the Leased Premises. (b) Lessee Use of Hazardous Materials. Lessee shall not cause or permit any Hazardous Material, or products or materials which Include any hazardous substance as a component, to be generated, brought onto, used, stored, emitted, released or disposed of in or about the Leased Premises by Lessee or its agents, employees, contractors, sublessees, or invitees unless expressly approved, at Lessor's sole discretion, in writing by Lessor after submittal by Lessee of Material Safety Data Sheets ("MSDS") or other information requested by Lessor. Limited quantities of equipment, materials and supplies customarily used in connection with the construction of Improvements and standard office, food service and janitorial supplies customarily used In places of business which contain chemicals categorized as Hazardous Material are excluded from this requirement. Lessee shall use, store, and dispose of all such Hazardous Materials in strict compliance with all applicable statutes, ordinances, regulations, and other requirements in effect during the Lease Tenn that relate to public health and safety. and protection of the environment ("Environmental Laws"); and shall comply at all times with all Environmental Laws. (c) Notice of Release lor Investigation. If during the term of this Lease (including any extensions), Lessee becomes aware of (1) any actual or threatened release of any Hazardous Material on, in, under, from, or about the Leased Premises; or (11) any inquiry, investigation, proceeding, or claim (collectively "Inquiry") by any government agency or other person regarding the presence of any Hazardous Material on, in, under, from or about the Leased Premises, Lessee shall give Lessor written notice of the release or Inquiry within five (5) days after Lessee leams or first has reason to believe there has been a release or Inquiry and shall simultaneously furnish to Lessor copies of any claims, notices of violation, reports, warning or other writings received by Lessee that concern the release or Inquiry. (d) Lessor Right to Insp. if Lessee has in the past or continues to use, dispose, generate, or store Hazardous Materials on the Leased Premises, Lessor or its designated representatives, at Lessor's sole discretion, may at any time during the term of this Lease, but is no way obligated to, enter upon the Leased Premises and make any inspections, tests or measurements Lessor deems necessary to determine if a release of Hazardous Materials has occurred. Lessor shall furnish Lessee a minimum of twenty-four (24) hours' notice in writing prior to conducting any Inspections or tests, unless, in Lessors sole judgment, circumstances require otherwise. Such tests shall be conducted in a manner so as to attempt to minimize any inconvenience and disruption to Lessee's operation as is practicable. if such K-1 .10 tests indicate a release of Hazardous Materials, then Lessor, at Lessor's sole discretion, may require Lessee, at Lessee's sole expense and at any time during the term of this Lease, to have such tests for such Hazardous Materials conducted by a qualified party or parties on the Leased Premises. If Lessor has reason to believe any Hazardous Materials originated from a release on the Leased Premises have contaminated any area outside the Leased Premises, including but not limited to surface and groundwater, then Lessor, at Lessor's sole discretion, may require Lessee, at Lessee's sole expense and at any time during the term of this Lease, to have tests for such Hazardous Materials conducted by a qualified party or parties on said area outside the Leased Premises. Lessor's failure to inspect, test or take other actions pursuant to this Paragraph 44(d) regarding the Leased Premises, shall in no way relieve Lessee of any responsibility for a release of a Hazardous Material. (e) Clean-up Obligations. tf the presence of any Hazardous Material brought onto the Leased Premises by Lessee or Lessee's employees, agents, sublessees, contractors, or invitees, or generated by same, results in contamination of the Leased Premises, adjacent properties or the San Diego Bay, Lessee shall promptly take all necessary actions, at Lessee's sole expense, to remove or remediate such Hazardous Materials. Lessee shall provide notice to Lessor prior to performing any removal or remedial action. Lessee shall not propose nor agree to any covenant of use restriction as part of any removal or remediation required as a result of this Paragraph 44(e). To the extent Lessor incurs any costs or expenses in performing Lessee's obligation to clean-up contamination resulting from Lessee's operations or use of the Leased Premises, Lessee shall promptly reimburse Lessor for all costs and expenses incurred within thirty (30) days. Any amounts not so reimbursed within thirty (30) days after Lessee's receipt of an itemized statement therefore shall bear interest at the Prime Rate plus Five Percent (5%) per annum compounded monthly. This provision does not limit the indemnification obligation set forth in Paragraph 44(f). The obligations"set forth in this Paragraph 44(e) shall survive any expiration or other termination of this Lease. (1) Clean-up Extending —Beyond Lease Term. Should any clean-up of Hazardous Materials for which Lessee is responsible not be completed prior to the expiration or sooner termination of the Lease, including any extensions thereof, then: (A) Lessee shall deposit into an escrow account an amount of money equal to the balance of the estimated costs of the clean-up, together with instructions for the disbursement of such amount in payment of the costs of any remaining dean -up as it is completed, and (B) if the nature of the contamination or dean -up required of Lessee is of such a nature as to make the Leased Premises untenable or unleaseable, then Lessee shall be liable to Lessor as a holdover lessee until the clean-up has been sufficiently completed to make the Leased Premises suitable for lease to third parties. The estimated cost of the clean-up shall require approval of the Lessor. Financial Secu�. If Lessor determines, in Its reasonable discretion, that Lessee does not have insurance or other financial resources sufficient to enable Lessee to fulfill its obligations under this Paragraph 44(e), whether or not accrued, liquidated, conditional, or contingent, then Lessee shall, at the request of Lessor, procure and thereafter maintain in full force and effect such 27 P30 environmental Impairment liability and/or pollution liability insurance policies and endorsements, or shall otherwise provide such collateral or security reasonably acceptable to Lessor as is appropriate to assure that Lessee will he able to perform its duties and obligations hereunder. (f) Indemnification. Lessee shall, at Lessee's sole expense and with counsel reasonably acceptable to Lessor, indemnify, defend, and hold harmless Lessor and Lessor's directors, clMoees, employees, partners, affiliates, agents-, successors, and assigns with respect to all losses, including reasonable attorneys' and environmental consultants' fees, arising out of or resulting from Lessee's occupancy or use of the Leased Premises, or the violation of any applicable Environmental Law, by Lessee or Lessee's agents, assignees, sublessees, contractors, or invitees. This indemnification applies whether or not the concentrations of any such Hazardous Material Is material, the concentrations exceed state or federal maximum contaminant or action levels, or any government agency has Issued a clean-up or other order. This indemnification shall survive the expiration or termination of this Lease. This indemnification includes, but is not necessarily limited to: (1) Losses attributable to diminution in the value of the Leased Premises; (ii) Loss or restriction of use of rentable space(s) in the Leased Premises; (111) Adverse effect on the marketing of any space(s) in the Leased Premises; (iv) All other liabilities, obligations, penalties, fines, claims, actions (including remedial or enforcement actions of any kind and administrative or judicial proceedings, orders, or judgments), damages (including consequential and punitive damages), and costs (including attorney, consultant, and expert fees and expenses) resulting from the release or violation; and, (v) All costs (including reasonable attorneys' fees, consulting fees and subcontracted costs) Incurred by Lessor In undertaking any assessment or remediation of the Leased Premises that might not have been fully resolved by Lessee by the time this Lease terminates or expires. Lessor shall have a direct right of action against Lessee even if no third party has asserted a claim. Furthermore, Lessor shall have the right to assign said indemnity. (g) Termination of Lease. Upon the expiration or earlier termination of the term of the Lease, Lessee shall: (i) cause all Hazardous Materials previously owned, stored, or used by Lessee to be removed from the Leased Premises and disposed of in accordance with all applicable provisions of law, (ii) remove any underground or aboveground storage tanks or other containers installed or used by Lessee, or its predecessors, to store any Hazardous Material on the Leased Premises, and repair any damage to the Leased Premises caused by such removal; (Ili) cause any soil or other portion of the Leased Premises which has become contaminated by any Hazardous Material stored or used by Lessee, or its predecessors, to be decontaminated, detoxified, or otherwise cleaned -up in accordance with the applicable requirements of any relevant government authorities; and (lv) surrender 28 pi+ possession of the Leased Premises to Lessor free of contamination attributable to Hazardous Materials generated or used by Lessee or stored or disposed of by any party other than Lessor in or on the Leased Premises. 45. STORAGE TANKS: (a) Underground Storage Tanks. No underground storage tanks ("USTs") shall be permitted to be installed on the Leased Premises during the term of this Lease without the prior written consent of the Lessor's Executive Director in his or her sole and absolute discretion. In the event Lessee obtains such approval to install a UST on the Leased Premises, Lessee shall be responsible for complying with all laws and regulations pertaining to such UST, including tank monitoring of such UST as required by the County of San Diego Hazardous Material Management Division (HMMD) or any other responsible agency. Lessee further agrees to take responsibility for reporting unauthorized releases from USTS to HMMD and the Lessor within twenty-four (24) hours of such unauthorized release. Lessee will be responsible for all fees and costs related to the unauthorized release of any Hazardous Material including, but not limited to: investigative, surface and groundwater dean -up, and expert and agency fees. Lessee shall maintain evidence of financial responsibility for taking corrective action and for compensating third parties for bodily Injury and/or property damage caused by a release from a UST. Lessee further agrees to be responsible for maintenance and repair of the USTs; obtaining tank permits; filing a business plan with HMMD or other responsible agency; and for paying UST fees, permit fees, and other regulatory agency fees relating to USTs. Lessee agrees to keep complete and accurate records on the Leased Premises for a period of not less than thirty-six (36) months from the applicable events including, but not limited to, permit applications, monitoring, testing, equipment installation, repairing and closure of the USTs, and any unauthorized releases of Hazardous Materials. Lessee also agrees to make such records available for Lessor or responsible agency inspection. Lessee further agrees to include a copy of Health and Safety Code, Chapter 6.7, Section 25299, as part of any agreement between Lessee and any operator of USTs. Furthermore, Lessee shall be responsible for compliance with all other laws and regulations presently existing, or hereinafter enacted, applicable to USTs, Including without limitation any such laws and regulations which alter any of the above requirements. (b) Aboveground Storage Tanks. No aboveground storage tanks ("ASTs") shall be permitted to be installed on the Leased Premises during the tens of this Lease without the prior written consent of the Lessor's Executive Director in his or her sole and absolute discretion. In the event Lessee obtains such approval to install an AST, Lessee shall be responsible for complying with all laws and regulations pertaining to such AST. Lessee shall, in accordance with this Lease and applicable laws and regulations, secure and pay for all necessary permits and approvals, prepare a spill prevention control counter measure plan and conduct periodic inspections to ensure compliance therewith, including conformance with the latest 29 P32 I M , version of said applicable laws and regulations. In addition, Lessee shall maintain and repair said tanks to conform and comply with all other applicable laws and regulations for ASTs, including without limitation all of the requirements of Health & Safety Code, chapter 6,67, Sections 25270 through 25270.13 as presently existing or as hereinafter amended, Including without limitation conducting daily visual Inspection of said hanks, allowing the San Diego Regional Water Quality Control Board (`SDRWQCB"), Lessor, and/or responsible agency, to conduct periodic inspections. Lessee also shall compiy with valid orders of the SDRWQCB, filing the required storage tank statement and payment of the fee therefor, establishing and maintaining the required monitoring program and systems, reporting spills as required, and payment of lawfully imposed penalties as provided therein and as otherwise provided by law. The Lessee shall be responsible for all costs associated with any unauthorized release from ASTS, including but not limited to, Investigative, surface and groundwater dean -up, and expert and agency fees. 46. ENVIRONMENTAL DISCLOSURES: Lessee understands and agrees that the Leased Premises are being leased in an "as is, with all faults" condition and that improvements, grading, filling, removal of existing improvements, and relocation of utility lines shall be made and performed by Lessee at the sole cost and expense of Lessee. Lessee further understands and agrees that the "as -is, with all faults" condition of the Leased Premises includes any contamination of the Leased Premises, including structures, soils, groundwater, and adjacent San Diego Bay water and sediment, and that information received from Lessor regarding such matters may not be complete or accurate and should not be accepted as such. Lessee hereby acknowledges that excavation of soils from the Leased Premises could result In exportation of a regulated waste requiring appropriate characterization, handling, transport and disposal (together "Regulated Waste Removal"). Lessor takes no responsibility and assumes no liability whatsoever for Regulated Waste Removal. Accordingly, Lessee hereby waives any claim, or potential claim, it may have to recover costs or expenses arising out of or associated with Regulated Waste Removal and agrees to indemnify, defend and hold harmless Lessor from and against any and all claims, liabilities, losses, damages, costs, and expenses arising from, out of, or in any way related to Regulated Waste Removal. Lessor accepts no liability or responsibility for ensuring that Lessee's workers, including without limitation those conducting testing, construction and maintenance activities on the Leased Premises, are satisfactorily protected from residual contaminants in 29 Code of Federal Regulations ("CFR"). Lessee shall assess all human health risks from vapor transwd or direct contact with residual hazan"'us atdbeanoos or con"MmInants and incorporate such engineering and institutional controls as may be required to sufficiently protect human health of onsite workers and transient visitors. Lessee hereby waives any claim, or potential claim, it may have to recover any damages, losses, costs and expenses related to worker exposure or alleged exposure to any residual onsite contamination and to indemnify, defend and hold harmless Lessor from and against any and all such claims, liabilities, losses, damages, costs, and expenses. 47. "AS -IS" LEASE AND WAIVERS: Lessees execution of the Lease shall fully and finally constitute: 30 naz r • , (a) Lessee's Acknowledgment. Lessee's acknowledgment that Lessor has given to Lessee sufficient opportunity to consider, inspect and review, to Lessee's complete satisfaction; (1) any and all rights, appurtenances, entitlements; obligations, and liabilities concerning the Leased Premises; (2) the physical condition of the Leased Premises, including, without limitation, the condition of the buildings (if any) and the soils, subsoil media, and groundwaters at or under the Leased Premises; (3) the effect upon the Leased Premises of any and all applicable federal, state or local statutes, ordinances, codes, regulations, decrees, orders, laws or other governmental requirements (collectively, "Applicable Laws"); (4) the development Potential of the Premises including without limitation on the preceding clause (3), the effect of all Applicable Laws concerning land use, environmental quality and maintenance, endangered species, and traffic regulation; (5) the financial prospects of the Leased Premises and local market conditions; (6) Lessee's determination of the feasibility of Lessee's intended use and enjoyment of the Leased Premises; and (7) all other facts, circumstances, and conditions affecting, concerning or relating to the Leased Premises. The land use; the environmental, biological, physical and legal condition of the Leased Premises; the feasibility of Lessee's intended use and enjoyment of the Leased Premises and such other facts, circumstances and conditions being collectively referred to herein as the "Condition of the Leased Premises"; and, without limitation on any other provision of this Lease, Lessee expressly assumes the risk that adverse conditions affecting the Leased Premises have not been revealed by Lessee's investigations. (b) Only Lessor's Express Written Agreements Bindina. Lessee acknowledges and agrees that no person acting on behalf of Lessor is authorized to make, and that except as expressly set forth in this Lease, neither Lessor nor anyone acting for or on behalf of Lessor, has made, any representation, warranty, statement, guaranty or Promise to Lessee, or to anyone acting for or on behalf of Lessee, concerning the Condition of the Leased Premises or any other aspect of the Leased Premises. Lessee further acknowledges and agrees that no representation, warranty, agreement, statement, guaranty or promise, if any, made by any person acting on behalf of Lessor which is not expressly set forth in this Lease will be valid or binding on Lessor. (c) As -Is Lease. Lessee further acknowledges and agrees that Lessee's execution of this Lease shall constitute Lessee's representation, warranty and agreement that the Condition of the Leased Premises has been independently verified by Lessee to its full satisfaction, and that, except to the extent of the express covenants of Lessor set forth In this Lease, Lessee will be leasing the Leased Premises based solely upon and in reliance on its own inspections, evaluations, analyses and conclusions, or those of Lessee's representatives; and that LESSEE IS LEASING THE LEASED PREMISES IN ITS "AS -IS, WITH ALL FAULTS" CONDITION AND STATE OF REPAIR INCLUSIVE OF ALL FAULTS AND DEFECTS, WHETHER KNOWN OR UNKNOWN, AS MAY EXIST AS OF THE LESSEE'S EXECUTION OF THIS LEASE. Without limiting the scope or generality of the foregoing, Lessee expressly assumes the risk that the Leased Premises do not or will not comply with any Applicable Laws now or hereafter in effect. 31 P34 , (d) Waivers. Disclaimers and Indemnity. (i) Waiver and Disclaimer. Lessee hereby fully and forever waives, and Lessor hereby fully and forever disclaims, all warranties of whatever type or kind with respect to the Leased Premises, whether expressed, Implied or otherwise including, without limitation, those of fitness. for a particular purpose, tenantability, habitability or use. (11) Lessor's Materials. Lessee further acknowledges that any information and reports including, without limitation, any engineering reports, architectural reports, feasibility reports, marketing reports, soils reports, environmental reports, analyses or data, or other similar reports, analyses, data or Information of whatever type or kind which Lessee has received or may hereafter receive from Lessor or its agents or consultants have been furnished without warranty of any kind and on the express condition that Lessee will make its own independent verification of the accuracy, reliability and completeness of such information and that Lessee will not rely thereon. Accordingly, subject to terms of Paragraph 47(e) below, Lessee agrees that under no circumstances will it make any claim against, bring any action, cause of action or proceeding against, or assert any liability upon, Lessor or any of the persons or entities who prepared or furnished any of the above information or materials as a result of the inaccuracy, unreliability or incompleteness of, or any defect or mistake in, any such information or materials and Lessee hereby fully and forever releases, acquits and discharges Lessor and each person furnishing such information or materials of and from, any such claims, actions, causes of action, proceedings or liability, whether known or unknown. (a) Release and Waiver. (i) Release. Except to the extent of Claims (as defined below) against Lessor arising from any breach by Lessor of Its covenants and obligations expressly provided in this Lease, Less, on behalf of Lessee, its successors and assigns, hereby fully and forever releases, acquits and discharges Lessor of and from, and hereby fully forever waives: Any and all claims, actions, causes of action, suits, proceedings, demands, rights, damages, costs, expenses, losses, judgments, provisional relief, fines, penalties, and fees, including, without limitation, any and all claims for f41mp '.Sation reimb., SQ 'e•St • ^'"�^ r._d:._ ,.. r"' , , ^vr wnw'vuuvn w ,atsoever (I Iul0ldually and milar_.fiveiy, °C'laimel, imhethsr known or G'nl:'^'^v6vri, dirwa yr foreseeable or unforeseeable, absolute or contingent, that Lessee or any of Lessee's successors or assigns now has or may have or which may arise or be asserted in the future arising out of, directly or indirectly, or In any way connected with: (A) any act or omission of Lessor (or any person acting for or on behalf of Lessor or for whose conduct Lessor may be liable), whether or not such act be the active, passive or sole negligence of Lessor, in connection with prior ownership, maintenance, operation or use of the Leased Promises; (B) any condition of environmental contamination or pollution at the 32 Leased Premises (including, without limitation, the contamination or pollution of any soils, subsoil media, surface waters or groundwaters at the Leased Premises); (C) to the extent not already included In clause (B) above, the prior, present or future existence, release or discharge, or threatened release, of any Hazardous Materials at the Leased Premises, (including, without limitation, the release or discharge, or threatened release, of any Hazardous Materials into the air at the Leased Premises or into any soils, subsoils, surface waters or groundwaters at the Leased Premises); (D) the violation of, or noncompliance with, any Environmental Requirement or other Applicable Law now -or hereafter in effect, however and whenever occurring; (E) the condition of the soil at the Leased Premises; (F) the condition of any improvements located on the Leased Premises including, without limitation, the structural integrity and seismic compliance of such Improvements; (G) any matters which would be shown on an accurate ALTA land survey of the Leased Premises (including, without limitation, all existing easements and encroachments, If any); (H) all Applicable Laws now or hereafter in effect; (1) matters which would be apparent from a visual inspection of the Leased Premises; or (J) to the extent not already covered by any of the foregoing clauses (A) through (1) above, the use, maintenance, development, construction, ownership or operation of the Leased Premises by Lessor or any predecessors) -in -interest in the Leased Premises of Lessor. (11) Waiver of Civil Code Section 1542. With respect to all releases made by Lessee under or pursuant to this Paragraph 47, Lessee hereby waives the application and benefits of California Civil Code § 1542 and hereby verges that it has read and understands the following provision of California Civil Code § 1542: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Lessee: 48. JOINT AND SEVERAL LIABILITY: If Lessee, as a party to this Lease, is a partnership; joint venture; or is comprised of more than one party or entity, or a combination thereof, the obligations imposed on Lessee under this Lease shall be joint and several, and each general partner, joint venturer, party or entity of Lessee shall be jointly and severally liable for said obligations. Furthermore, nothing herein shall be deemed or construed as creating a partnership or joint venture between Lessor and Lessee, or between Lessor and any other entity or party, or cause Lessor to be responsible in any way for the debts or obligations of Lessee, or any other party or entity. 49. ACKNOWLEDGMENT OF LESSOR'S IMPROVEMENTS: Lessee agrees that it has examined the Leased Premises and the condition thereof, that the improvements thereon in their present condition are satisfactory and usable for Lessee's purposes, and that no representations as to value or condition have been made by or on behalf of Lessor. 33 P36 50. DISPUTE RESOLUTION: Except for (i) a dispute or disagreement as to the amount of rent that Lessee is to pay Lessor or (11) a default in the payment of rent, all other disputes or disagreements between or among the parties arising out of or relating to the terms, conditions, interpretation; performance, default or any other aspect of this Lease, such parties shall first attempt to resolve the dispute informally. In the event the dispute Is not resolved informally, prior to and as a precondition to the initiation of any legal action or proceeding, the parties shall refer the dispute to mediation before a retired State or Federal Judge mutually selected by the parties. The dispute shall be mediated thmLgh informal, nonbinding joint conferences or separate caucuses with an impartial third party mediator who will seek to guide the parties to a consensual resolution of the dispute. The mediation proceeding shall be conducted within thirty (30) days (or any mutually agreed longer period) after referral, and shall continue until any party involved concludes, in good faith, that there is no reasonable possibility of resolving the dispute without resort to a legal action or proceeding. All costs of the mediation shall be shared equally by the parties involved. Each party shall bear its own attorneys' fees and other costs incurred in connection with the mediation. In the event the parties are unable to resolve the dispute through mediation, in addition to any other rights or remedies, any party may institute a legal action. 34 V! ABSTRACT OF LEASE 51. ABSTRACT OF LEASE: This 's final Paragraph and Abstract of Lease, hereinafter "Abstract," dated JUL 8 61 , between SAN DIEGO UNIFIED PORT DISTRICT, Lessor, and COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a municipal corporation, Lessee, concerning the Leased Premises described in Exhibits "A" and "B;' attached hereto and by this reference made a part hereof. For good and adequate consideration, Lessor leases the Leased Premises to Lessee, and Lessee hires therr), f� ibessor, for the term and on the provisiohs contained in the Lease dated JUG U tS LUiu including without limitation provisions prohibiting assignment, subleasing, -and said leasehold without the express written consent of Lessor in each instance, all as more specifically set forth in said Lease, which said Lease is incorporated in this Abstract by this reference. The term is thirty (30) years, beginning January 1, 2011, and ending December 31, 2040. This Abstract is not a complete summary of the Lease. Provisions in this Abstract shall not be used in interpreting the Lease provisions. In the event of conflict between this Abstract and other parts of the Lease, the other parts shall control. Execution hereof constitutes execution of the Lease itself. Dated: JUL 2 9 2010 , 20_ Port Attorney DEPUTY PORT ATTORN APPROVED AS TO FORM: Georpe H. Iser, III CRY Attorney 35 SAN DIEGO UNIFIED PORT DISTRICT Y, &en Karen J. Weynfdnn Director, Real Estate COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a municipal corporation 13 --- --- Name: gfiCo.3 ea, ,io Title: A'" fj P38 (FOR USE BY SAN DIEGO UNIFIED PORT DISTRICT) (STATE OF CALIFORNIA) (COUNTY OF SAN DIEGO) On Su he — rid i o bme. Vi qY i n'iCis iri UncR iUcifarri p-{- Notary Public, personally appeared (-C� __ �'/` t'Sr:r. who proved to me on the basis of satisfactory evidence to be the persons) whose namef* is/Am subscribed to the within instrument and acknowledged to me that he tshaMM executed the same in hl&gm~ authorized capacit lee), and that by his"� , wMpelr signature(# on the instrument the person(s), or the entity upon behalf of which the persor*racted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. VIRGINIAM.ORCurr Commiwlon s 1874968 y��`U ,lty► Nogry 0119 - County n San OMpo Counq OW -Hi R 10 a tli 13 -.-.-.-.-.-.-.-----------•------------•-------- OPTIONAL -•--------- ------•-•-----•-•-----•-•-•------- - Though the information below is not required by law, it may prove valuable to the person(s) relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Titre or Type of Document: Document Date: L - 1-1 A Signers) Other Than Named Above: CapaclVies) Claimed by Signer(s) ❑ Individual ' ❑ Corporate Officer-Tdle(s): u Partner -- u Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ji�-Other: Signer is Repre enting; -- ;:: ? 7 ❑ Individual ❑ Corporate Officer-Title(s): ❑ Partner -- ❑ Limited ❑ General n Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: — R11 ogn (FOR USE BY SAN DIEGO UNIFIED PORT DISTRICT) STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) On JUL 2 9 2010 before me, Raloh M. Caroio. Notary Public, personally appeared Karen J. Wevmann, who proved to me on the basis of satisfactory evidence to be the person _whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ti,�WITNESS my hand and official seal. Signature (Seal) -•-•-•-•-•-•-•---•-•-----•-•-•---•-•-•---•---•-- OPTIONAL-•-•-•-•-•-•-•-•-1 ---•-•-•-•-•-•-.-.-.-.-.-.-.-.. Though the Information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Lease to Community Development Mmmisslon of Nat loIta[ City for Aqusticand Recreational Center thru 12/31/2040 Document Date: June 8, 2010 Number of Pages: 48 Sgner(e)OtherThanNamed Above: Ron Morrison Capacigr(les) Claimed by Signer(s) - Signer's Name Individual ❑ corporate Officer —Title(s):_ ❑ Partner — ❑Urn!led oGaneral ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Top of thumb here Signer's Name ❑ Individual ❑ Corporate Officer-Titie(e): ❑ Partner -❑Limited ❑General It Attorney in Fact ❑ Trustee am ❑ Guardian or Conservator I Top of thumb hem ❑ Other: Signer is Representing: P40 Legal Description for CITY OF NATIONAL CITY AQUATIC CENTER TIDELAND LEASE Within Corporate Limits of National City All that certain portion of land conveyed to the San Diego Unified Port District by that certain Act of Legislature of the State of Caiifomia pursuant to Chapter 67, Statutes of 1962, First Extraordinary Session, as amended, and delineated as Parcel 1-A on that certain Miscellaneous Map No. 564, filed In the Office of the San Diego County Recorder or. May 28, 1976, File No. 76-164686, in the City of San Diego, County of San Diego, State of California, and more particularly described as follows: Commencing at a 3" diameter brass disk monument stamped 'SDUPD-020" as shown on Record of Survey Map No. 16668, filed in the office of the San Diego County Recorder on July 25, 2000; thence along a tie -line South 70038'59" East a distance of 383.59 feet (calculated) to the TRUE POINT OF BEGINNING; thence North 72'06'01" East a distance of 87.30 feet; thence South 17'53'59" East a distance of 1.30 feet; thence North 72'06'01' East a distance of 13.57 feet; thence South 17'53'59" East a distance of 1.85 feet; thence North 72006'01" East a distance of 10.00 feet; thence North 26'2443" West a distance of 5.10 feet; thence North 33014'07" East a distance of 0.85 feet; thence South 87'07'50" East a distance of 2.36 feet to the beginning of a non -tangent 21.60 foot radius curve, concave southeasterly to which a radial bears North 83*11'22" West; thence northeasterly along the arc of said curve through a central angle of 117'19'21" an are distance of 44.23 feet to the beginning of a 37.30 foot radius compound curve, concave southwesteriy; thence southeasterly along the are of said curve through a central angle of 29°08'47" an arc distance of 18.98 feet; thence South 26043'14' East a distance of 4.08 feet; thence North 87'0T02" West a distance of 4.57 feet; thence South 17053'59' East a distance of 8.50 feet; thence North 72006'01" East a distance of 3.80 feet; thence South 17053'59" East a distance of 4.20 feet; thence South 72006'01" West a distance of 3.80 feet; thence South 17°53'59" East a distance of 24.73 feet; thence South 84'22'14" West a distance of 7.50 feet; thence South 60033'14" West a distance of 41.02 feet; thence South 83038'48" West a distance of 23.01 feet; thence South 60*33'14" West a distance of 23.01 feet; thence South 83'3848" West a distance of 22.89 feet; thence South 60°33'14" West a distance of 22.85 feet; thence North 3392253" West a distance of 60.00 feet to the TRUE POINT OF BEGINNING, containing 8,412 square feet or 0.19 acre of tidelands area. The above described land area is delineated on the San Diego Unified Port District Drawing No. 028-025, dated September 12, 2008 and made a part of this agreement. All bearings and distanow a i� the above legal description acre grid, and rased upon ."the California Coordinate System, Zone 6, N.A.D. 83, Epoch 1991.35. Charles J./Sefki0w Date L.S.7876 Expires 31 Dec. 2008 Land Surveyor San Diego Unified Port District n_;0lot U4 EXHIBIT "A' 028-010 028 -010 \ PIER 32 O • O PER 32 MARINA GROUP, 527-001 / ` LLC. 20' WATER l MARINA GROUP,' PARCEL NO.2 ESMT. LLC. `PARCEL N0.1 G �� DETAIL K1 528-003 \ (SEE SHEET 2 OF 2) SDG&E S ER SILIINE EASEMENT \ 3" DIA. BRASS DISK MON. r STAMPED " SDUPD-020" AS ; a•• I � SHOWN ON R.O.S. 16668. '+I%+<.................. A I ` I�� ,R..l.^.........�. SL......�.J.�...�.......... ::.:....�....�...t....:J.... Sl:•::»..:TXGII:IS...:: ... ......y C:« •ii: •:•Y::•:•�iiii i::Fii«:^.:Y:{S:i:: �i:ii :tiiiii i.•ii ii: «:: i« :i:.^..:i .S::::. \ .:'..: ':...�...... ' ::tii?Ci::::: ii.:::. S:i ::a:_:L:•:.'t�::»G:j::::.:»::::::;:t:»::::.::�.•Y••�.'i. i rcnnt:tiQ19 ACRE:': ........Mwr>v�..>v�.ww..w�u= S60'33'14"W_ 2 :•aa:: p3�K 41.02' SWEETWATER RIVER/ CHANNEL LIMIT S83.38'48"W PER CALTRANS 23.01' N RIGHT OF WAY S60'33'14"W o MAP NO. 49503 23.01' O DATED DEC. 1983 0 S60'33'14"W S83'38'48"W 22.8522.89' 528-001 RAMP EASEMENT LIMIT BOAT LAUNCH LINE OF COUNTY / FACILITY OF SAN DIEGO / (DOC. NO. 17271 /_,,�p►G\A FILED AUG. 30, 1984) /' S`ryti"F(W 5.TO 2000' NOTES: OF SWEETWAT R ER NE 1. LEASE AREA SHOWN SHADED. DATA TABLE RIVCHANLSCALE GRAPHIC 2. BEARINGS AND DISTANCES ARE GRID 10 S70'38'59"E-383.59'(CALC.) 0 GRAPAP IC 40' AND BASED UPON THE CALIFORNIA N33'22'53"W-60.00' COORDINATE SYSTEM ZONE 6, NAD 83, EPOCH 1991.35. Q3 N72-06.01 "E-87.30' 1" 40' SAN DIEGO UNIFIED PORT DISTRICT DATE sEPL 2. 2o0s TIDELAND LEASE REF._ 028-010 pppppyED WITHIN CORPORATE LIMIT'S OF NATIONAL CITY DRAWING NO CITY OF NATIONAL CITY SHW tOF 2 uun a AQUATIC CENTER nOA_nor. EXHIBIT "B" P42 D/STR/CT T/DEL ANDS II \ �• 0, j n 14'07"E !:......::::::::i::: 0.85'--'SBT07'50,• 2. 36':::::: N26'24'43"W 5.10' x:•:: N83'`11 22�W \ 028-010 PARCEL NO. 2 028-010 PIER 32 MARINA GROUP, LLC. \ PARCEL NO. 1 e - L=44.23' R=21.60' -2W08'47' '1 /' L=18.98' R=37.30'\ ?_r::::::::. xY :::: •? •:: ::.:: N8707'00W :. 4.5 7' ::•:.:r_ .1.•:::i:::::::•:::;::::•. S28'43'14 E if-H.H. +'i ::::10.00' ...;::: :......::::::::. •+r.:S 17'S3'59"E :i�i: i:•:::•i:'�:� i::::•i:? .................1.85'._:::............................... .................N 2 os'o 'E ::::8�412 SQ. FT.'s ros'0 `vu`::::::...•:::::: ... :::.1.30' •:::: is i::::: i:::: ::::: is i::::::::::.........:. 584'22' .......... ........................................... . SWEEiWATER RNER CHANNEL ......:......7.5......::: E[�SfMI ..'......000I (Di .::.FILEI GRAPHIC SCALE 0 5' 10' 15' 1" - 15' ::::RIGHT OF r:MAP NO. 49503?ii::i::::iz{: ...................: .bATE� ::pE .... •:528-001ii::} {ti: f::{:i.:i::': NO. 17271 ::::•::•:}:'-' ii: '-.i AUG. 30, 1984)............L, DETAIL SCALE: 1"=15' 1"E DRAWN DARWM VASOUEZ DATE SEPT. 12- 2008 ,� 1,[aavrovrc. SAN DIEGO UNIFIED PORTSCALE DISTRICT SCALE 1"=15' TIDELAND LEASE REF, 028-010 APPFVN® WITHIN CORPORATE LMrm OF.NATMAL DRAWING NO I LL CITY OF NATIONAL CITY 8HffT 20F 2 .. AQUATIC CENTER 028-025 CXf'11131I _tf R22 ROPS 14-15B January 1- June 30, 2015 (a) Exhibit „S„ 58n ug©o vnnwv rvr. DocumentNo. Filed HOBO frtEMORANDU OFUNDERSTANDING O1ri�ottheDistrictClerlc BETWEEN SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY REGARDING THE NATIONAL CITY AQUATIC CENTER The foliowino recitals are a substantive part of this Memorandum of Understanding (MOU): WHEREAS, both the San Diego Unified Port District (District) and the City of National City (City) have worked cooperatively to develop the National City Aquatic Center (Project); and WHEREAS, the District has approved the Project's concept plan; and WHEREAS, the District certified the Project's Port Master Plan Amendment Mitigated Negative Declaration, SDUPD Clerk's Document No. 51129 filed on October 11, 2006; and WHEREAS, the Port Master Plan Amendment for the Project was certified by the California Coastal Commission, SDUPD Clerk's Document No. 51129 filed on October 11, 2006; and WHEREAS, the District has granted the Community Development.Commisslon of National City a thirty (30) year lease for the Project's site, with the condition that the project has commenced construction before December 31, 2012, SDUPD Clerk's Document No. 56735 filed on July 29, 2010 (Lease); and WHEREAS, the District has included $830,000 in its Capital Improvement Program as match funding for the Project as recommended by the Maritime Enhancement Advisory Committee; and WHEREAS, the District has consented to the transfer of the Lease to the City of National City; and WHEREAS, the District has issued the Project's Coastal Development Permit, SDUPD Clerk's Document No. 57961 filed on August 10, 2011; and NOW THEREFORE, the parties hereto enter into this MOU effective as of this J' day of »i' ,2011: 1. District agrees to transfer $830,000 to the City within sixty (60) calendar days of signature of this MOU for match funding for the Project. 2. City agrees to provide the remaining funding for tho Project and to complete the construction of the Project. 3. City agrees to commence construction of the Project before December 31, 2012 or the City will return the $830,000 to the District within sixty (60) calendar days and this MOU shall terminate. 4. City agrees to complete the construction of the Center on or before the expiration of the Coastal Development Permit, unless the District and City mutually agree to file for an extension. In the event construction is not completed and no extension has been granted, ORIGINAL the City will return the $830,000 to the District within sixty (60) calendar days and this MOU shall terminate. 5. This MOU shall commence effective on the date set forth above and shall continue until the Project is constructed and litigation and claims, if any, are settled. 6. All obligations of the parties under the terms of this MOU are subject to the appropriation of the required resources by the parties and the approval of their respective Boards of Directors, Councils or Commissioners. 7. This MOU shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this MOU, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. 8. All terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 9. For purposes of this MOU, the relationship of the parties is that of independent entities and not as agents of each other or as joint ventures or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. 10. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 11. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights in third parties to this MOU or affect the legal liability of the parties to this MOU to third parties. IN WITNESS WHEREOF, the Parties hereto have executed this MOU effective on the day and year first above written. Port Attorney SAN DIEGO UNIFIED PORT DISTRICT By �Z Bpjids—�- -10At Dir, J. Real ann Estate Director, Real Estate SOM Door No.41368 CITY OF NATIONAL CITY By A f�.! Signnature PRINT NAME: J eJ �,q �oa A.r e.� PRINT TITLE: lgh-Ye ti 58060 c) P2 Reference Copy 58060 RESOLUTION 2011-129 ADOPT RESOLUTION ENTERING NITO, AN MOU BETWEEN NATIONAL CITY AND THE DISTRICT PROVIDING MATCHING FUNDS IN THE AMOUNT OF $830,00 FOR THE NATIONAL CITY AQUATIC CENT ER WHEREAS, the San Diego Unified Port District (District) is a public corporation created by the Legislature in 1962 pursuant to Harbors and Navigation Code Appendix I; and WHEREAS, the District and the City of National City (City) have been working in cooperation to develop the National City Aquatic Center (Aquatic Center) on District tidelands; and WHEREAS, the District has adopted a mitigated negative declaration and approved a Port Master Plan Amendment; and WHEREAS, the District has issued a Coastal Development Permit and granted a 30 year Lease to the City from January 1, 2010 to December 31, 2040; and WHEREAS, the District committed $830,000 in matching funds for the Capital Improvement Program (CIP) to assist in cost of construction of the Aquatic Center, and WHEREAS, the Maritime Enhancement Advisory Committee (MEAC) has recommended the construction; and WHEREAS, the District and City desire to enter into a Memorandum of Understanding (MOU) to allow the District to transfer the matching funds to the City with conditions, NOW, THEREFORE, BE IT RESOLVED by the Board of Port Commissioners of the San Diego Unified Port District, as follows: Adopt Resolution entering into a Memorandum of Understanding between the City of National City and the San Diego Unified Port District to provide matching funds of $830,000 for construction of the National City Aquatic Center. ADOPTED this 1133th day of September, 2011. AGENDA ITEM 14 SAN DIEGO UNIFIED PORT DISTRICT Reference Copy 58060 DATE: September 13, 2011 SUBJECT: NATIONAL CITY AQUATIC CENTER A) RESOLUTION ENTERING INTO A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND THE SAN DIEGO UNIFIED PORT DISTRICT TO PROVIDE MATCHING FUNDS OF $830,000 FOR CONSTRUCTION OF CENTER; AND B) ORDINANCE AMENDING THE FY 2009-2013 CAPITAL IMPROVEMENT PROGRAM AND THE FY 2011-2012 OPERATING BUDGET DECREASING THE CAPITAL IMPROVEMENT PROGRAM BY $830,000 AND INCREASING THE OPERATING BUDGET BY $830,000 EXECUTIVE SUMMARY: Since 2004, the District and the City of National City (City) have been working in cooperation to develop the National City Aquatic Center (Aquatic Center). To date, the District has adopted a Mitigated Negative Declaration (MND)', approved a Port Master Plan Amendment (PMPA), demolished a comfort station on the Aquatic Center's site, issued a Coastal Development Permit (CDP)2, and granted a 30-Year Lease to the City from January 1, 2011 to December 31, 2040 with one five (5) year option to extend (Lease). A LEASE INFORMATION SUMMARY is attached (Attachment A). On June 8, 2010, the District committed $830,000 of matching funds from the Capital Improvement Program (CIP), to assist in the cost of construction of the Aquatic Center, based upon a recommendation from the Maritime Enhancement Advisory Committee (MEAC). The estimated total project cost is $3,318,364, which will be funded by the City, including funding from the District. Since the District committed the funding, the City has' now committed to financing this project. The proposed Memorandum of Understanding (MOU) between the City and'District will allow the District to transfer the matching funds to the City, with conditions (Attachment C). A proposed amendment to the FY 2011-2012 budget is necessary to provide for the reclassification of the Aquatic Center's matching funds from CIP to ordinary annual expense (Operating Budget) budget. The Board adopted the FY 2011-2012 budget on June 14, 2011 (Ordinance 2641). Budget amendments are required for changes in SDUPD Clerk's Office Document No. 51129, filed October 11, 2006, Final Mitigated Negative Declaration for National City Aquatic Center and Port Master Plan Amendment, National City z SDUPD Clerk's Office Document No. 57961, filed August 10, 2011, Coastal Development Permit for National City Aquatic Center at Southeast Comer of Pepper Park ' SDUPD Clerk's Office Document No. 56735, filed July 29, 2010, Lease Agreement between SDUPD as Lessor and City of National City ACTION TAKEN: 09-13-2011 - Resolution 2011-129 and Ordinance 2649 r4 Page 2 of authorized staffing levels, and increases in ordinary annual expense, capital outlay, capital major maintenance, equipment outlay, debt service principal, and public art expenditures. RECOMMENDATION: A) Adopt a resolution entering into a Memorandum of Understanding between the City of National City and the San Diego Unified Port District to provide matching funds of $830,000 for the construction of the National City Aquatic Center. B) Adopt an ordinance amending the FY 2009-2013 CIP and FY 2011-2012 Operating Budget — decreasing the CIP by $830,000 and increasing the Operating Budget by $830,000. FISCAL IMPACT: There is no fiscal impact with this proposed Board action. No new funding is required to increase the Operating Budget by $830,000; as this is an accounting reclassification of the Aquatic Center's matching funds from CIP to Operating Budget. Compass Strategic Goals:, The Aquatic Center will provide increased access to the waterfront for the public and residents of National City and an opportunity -for underprivileged youth to interact with nature through programs run by a nonprofit corporation contracted by the CDC. ® Enhance and sustain a dynamic and diverse waterfront. f$I Develop and maintain a high level of public understanding that builds confidence and trust in the Port. DISCUSSION: Aquatic Center Background: The City currently operates an aquatic center near Pepper Park in temporary structures. In October 2006, the Board adopted the MND and approved the PMPA to construct a permanent Aquatic Center. The PMPA was certified by the California Coastal Commission, by unanimous vote, in 2007. In June of 2010, the District granted the City a 30-year Lease for the Aquatic Center commencing January 1, 2011 and ending December 31, 2040, conditioned upon obtaining a CDP. The appealable CDP was issued by the District on July 12, 201 1 and received no appeals. The Lease covers .8,412 square feet of land area in Pepper Park along the Sweetwater Channel. The agenda sheet, Item 15 dated July 12, 2011, containing the full project description, from the approved CDP is attached for reference (Attachment D). The Aquatic Center may be operated by a nonprofit corporation, which will provide programming through an agreement with the City. Pursuant to the terms of the Lease between the District and the City, the operating agreement between the City and the San Diego unified Port District Board Meeting — September 13, 2011 Page 3 of nonprofit will require Board approval. The South Bay Family YMCA has provided programming at the temporary aquatic center since 2004 through an agreement with the City. MOU: The proposed MOU will facilitate the transfer of $830,000 in matching funds from the District to the City. Consistent with the Lease, the MOU is conditioned upon the City commencing construction of the Aquatic Center by December 31, 2012. If the Aquatic Center is not completed, the funds will revert to the District when the COP expires, unless an extension to the CDP is granted. The City Council of National City approved the MOU at its September 6, 2011 meeting. If the Board adopts the resolution to enter into the MOU, the MOU will become effective upon being filed in the Office of the District Clerk. Budget: The Aquatic Center was originally included in thi The District needs to reclassify the project from its CIF non -capitalized project, in accordance with Generally There is no new requirement for funding this project established for this project. District's FY 2009-2013 CIP. to its Operating Budget as it is a Accepted Accounting Principles. since funding has already been The FY 11/12 annual budget will be amefided"& reclassified as follows: Current Budget Amended Budget Net Change Ordinary Annual Expense (Operating) $ 126,552,600 $ 127,382,600 $ 830,000 Capital Outlay $ 39,932,000 $ 39,102,000 ($ 830,000) Port Attorney's Comments: This MOU has been approved by the Port Attorney's Office and presents no significant legal issues. Environmental Review: This proposed Board action does not constitute a "project" under the definition set forth in California Environmental Quality Act (CEQA) guidelines Section 15378 and is not subject to CEQA, as amended. Equal Opportunity Program: Not applicable. San Diego Unified Port District Board Meeting — September 13. 2D71 P6 Page 4 of 4 AGENDA ITEM 14 PREPARED BY: Adam Meyer Asset Manager, Real Estate Jeanette Sales Director, Financial Services ATTACHMENT A: Lease Information Summary ATTACHMENT B: Site Map ATTACHMENT C: MOU ATTACHMENT D: CDP Agenda Sheet, Item 15 Dated July 12, 2011 San Diego Unified Port otetrid Board Meeft —September 13, 2011 Attachment A Attachment to Agenda Sheet No. 14 LEASE INFORMATION SUMMARY Lessee: City of National City Location: Pepper Park, National City Area: Approximately 8,412 square feet Use: Construct, operate, and maintain an aquatic and recreational center. Term: January 1, 2010 — December 31, 2040 (30-years, one 5-year option to extend) Rent: Consideration is primarily the benefit to the District and the people of the State of California with an annual rent payment Of $1.00. Improvement Construction of a 4,700 square foot aquatic center facility, Summary: pavement and landscape improvements San Diego Unified Port District Board Meeting —September 13, 2011 P8 Attachment B Attachment to Agenda Sheet No. 14 San Diego Uniried Port District Board Meeting — September 13. 2011 no Attachment to Agenda Sheet No. 14 ATTACHMENT C MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY REGARDING THE NATIONAL CITY AQUATIC CENTER The following recitals are a substantive part of this Memorandum of Understanding (MOU) WHEREAS, both the San Diego Unified Port District (District) and the City of National City (City) have worked cooperatively to develop the National City Aquatic Center (Project); and WHEREAS, the District has approved the Project's concept plan; and WHEREAS, the District certified the Project's Port Master Plan Amendment Mitigated Negative Declaration, SDUPD Clerk's Document No. 51129 filed on October 11, 2006; and WHEREAS, the Port Master Plan Amendment for the Project was certified by the California Coastal Commission, SDUPD Clerk's Document No. 51129 filed on October 11, 2006; and WHEREAS, the District has granted the Community Development Commission of National City a thirty (30) year lease for the Project's site, with the condition that the project has commenced construction before December 31, 2012, SDUPD Clerk's Document No. 56735 filed on July 29, 2010 (Lease); and WHEREAS, the District has included $830,000 in its Capital Improvement Program as match funding for the Project as recommended by the Maritime Enhancement Advisory Committee; and WHEREAS, the District has consented to the transfer of the Lease to the City of National City; and WHEREAS, the District has issued the Project's Coastal Development Permit, SDUPD Clerk's Document No. 57961 filed on August 10, 2011; and NOW THEREFORE, the parties hereto enter into this MOU effective as of this day of 2011: 1. District agrees to transfer $830,000 to the City within sixty (60) calendar days of signature of this MOU for match funding for the Project. 2. City agrees to provide the remaining funding for the Project and to complete the construction of the Project. 3. City agrees to commence construction of the Project before December 31, 2012 or the City will return the $830,000 to the District within sixty (60) calendar days and this MOU shall terminate. 4. City agrees to complete the construction of the Center on or before the expiration of the Coastal 'Development Permit,• unless the District and City mutually agree to file for an extension. In the event construction is not completed and no extension has been granted, P10 the City will return the $830,000 to the District within sixty (80) calendar days and this MOU shall terminate. S. This MOU shall commence effective on the date set forth above and shall continue until the Project is constructed and litigation and claims, if any, are settled. 6. All obligations of the parties under the terms of this MOU are subject to the appropriation of the required resources by the parties and the approval of their respective Boards of Directors, Councils or Commissioners. 7. This MOU shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any.term of this MOU, the action shall be brought'in a state or federal court situated in the County of San Diego, -State of California. S. All terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, .executors, administrators, successors, and assigns. g. For purposes of this MOU, the relationship of the parties is that of independent entities and not as agents of each other or as joint ventures or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. 10. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. I1. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights In third parties to this MOU or affect the legal liability of the parties to this MOU to third parties. IN WITNESS WHEREOF, the Parties hereto have executed this MOU effective on the day and year first above written. Port Attorney a'i, WW" Don No. 481388 SAN DIEGO UNIFIED PORT DISTRICT By Karen J. Weymann Director, Real Estate CITY OF NATIONAL CITY By Signature PRINT NAME: PRINT 11TLE: ATTACHMENT D SAN DIEGO UNIFIED PORT DATE: July 12, 2011 Attachment to Agenda -Sheet No. 14 SUBJECT: CONDUCT A PUBLIC HEARING AND ADOPT RESOLUTION AUTHORIZING ISSUANCE OF AN APPEALABLE COASTAL DEVELOPMENT PERMIT FOR NATIONAL CITY AQUATIC CENTER EXECUTIVE SUMMARY: The National City- Aquatic Center Project (Project) proposes the construction and operation of an approximately 4,600 square foot, aquatic center in Pepper Park in National City. The aquatic center has been operating in temporary trailers in the Pepper Park parking lot since 2004 and this Project would provide a permanent facility with the same operation. The Project will be a public educational facility with boating and environmental science eduoational opportunities for the community and region. The Project was analyzed in the National City Aquatic Center and Port Master Plan Amendment Mitigated Negative Declaration (MND) adopted by the Board ip 2006. The Port Master Plan Amendment was certified by the California Coastal Commission in 2007. The Project is consistent with the certified Port Master Plan; therefore, staff recommends the Board authorize issuance of an appealable Coastal Development Permit (CDP) for the proposed Project. RECOMMENDATION: Conduct a public hearing and adopt resolution authorizing issuance of an. appealable CDP for National City Aquatic Center. FISCAL IMPACT: This agenda item has no fiscal impact. COMPASS STRATEGIC GOALS: The Project will' construct and operate an aquatic center for recreational and educational purposes for .the community and region. The proposed Project will enhance and encourage public access to the waterfront, benefiting existing and future businesses. This agenda item supports the following Strategic Goal(s). ❑ Promote the Ports maritime industries to stimulate regional economic vitality. ® Enhance and sustain a dynamic and diverse waterfront. San DIegO United Pod District Bab Meel ft — July 12, 2011 P12 Page 2 of * Protect and improve the environmental conditions of San Diego Bay and the Tidelands: ❑ Ensure a safe and secure environment for people, property and cargo. ❑ Develop and maintain a high level of public understanding that builds confidence and trust in the Port. iJ Develop a high -performing organization thmugh alignment of people, process and systems. El . Strengthen the Pores financial performance. ❑ Not applicable. DISCUSSION: Background In October 2006, the Board adopted the MND and approved the Port Master Plan Amendment. The Port Master Plan Amendment was certified by the California Coastal Commission, by unanimous vote, in 2007. In June 2010 the Board adopted an ordinance conditionally granting a 30 year lease to the Community Development Commission of National City for the construction and operation of the aquatic center, conditioned' upon obtaining a CDP. In addition, the District relocated the Pepper Park comfort station (formerty-located on the proposed Project site) to facilitate the new aquatic center. Proposed Project The Project is the construction and operation of an approximately 4,600 square foot aquatic center in Pepper Park In National City, north of the Sweetwater Channel, east of the Pepper Park boat launch ramp, and west of the Pier 32 National City Marina (see Attachment 1, Project Location Map). A site plan and floor plan are provided as Attachments 2 and 3, respectively. The maximum building height will be approximately 22 feet. The Project includes the following components: • Multi -purpose classroom that can be divided into two rooms • -Office for facility staff • Storefront for National City Police and/or Harbor Police • Lockers, showers and restrooms • Boat and equipment storage • Public art • Landscape improvements Paved exterior activity areas Uglriing that is shielded and directed away from the nearby wildlife refuges Promenade and walkways around facility The aquatic center will be a boating and environmental science public educational facility with programming primarily directed towards children and youths. Courses will primarily consist of kayaking and rowing, and will also include environmental science programs such as the study of coastal wildlife and tides. Programming may be expanded In the future to other water sports, health and safety courses, and job -related Son Diego Unified Port DialM Board Mealing— July 12, 2011 L'i AGENDA ITEM 15 Pass educational opportunities. Due to limited land space and water quality concerns, no swimming will be available at the facility. Due to the sensitivity of nearby federally - protected wildlife refuge lands, rentals of kayaks and rowboats will require docent supervision, and classes will have a one to six (1.6) instructor to student ratio in order to monitor activities. The aquatic center will also be available for special activities such as specialty camps, theme birthday parties, and contracts with schools, special family events, community and corporate team building events, and environmental education. However, public recreational and educational events will remain the primary focus of aquatic center activities. The existing promenade and walkways at the Project site will be replaced with new paving that will provide continuous public access along the shoreline and the aquatic center. The promenade will connect to the existing Pier 32 National City Marina promenade to the north. The promenade to the south, east, and west of the aquatic center will be at least 8.5 feet wide. The walkway immediately north of the aquatic center will be approximately 7 feet wide. The Project will remove the temporary trailers (existing location of aquatic center) located on the Pepper Park parking lot and restripe the parking spaces on which the trailers are currently located. The Project will share the existing parking lot with users of Pepper Park, the public fishing pier, and the boat ramp. Most aquatic center participants will arrive in groups via bus transportation. The bus will drop participants' off at the aquatic center, then leave the premises• and return at the conclusion of the class to pick up the participants. Five spaces in the parking lot will be utilized by aquatic center staff. The parking study performed as part of the MND concluded that no adverse parking impacts would result from the proposed project The proposed aquatic center is an existing use in the vicinity of the proposed Project site. However, as indicated in the MND, if parking capacity becomes an issue in the future, overflow parking can be accommodated on the nearby Goesno Place and/or Tidelands Avenue. Project construction is anticipated to cdmmenoe in late 2011 and be complete in 17 months. Temporary construction Impacts from the Project were analyzed and addressed in the adopted MND for the proposed Project, which is further discussed in the Environmental Review section below. The total project construction budget is estimated at $3.3 million. As identified in the District's Capital Improvement -Program, the District has committed•$830,000.00 towards the project construction. Coastal Analysis The proposed Project is located within the Launching Ramp Subarea of Planning District 5, National City Bayfront, which is delineated on Precise Plan Map Figure 15 of the certified Port Master Plan. The land use designations within the limits of the.project site are Park/Plaza and Promenade. An aquatic center is an allowed use under the Park/Plaza land use designation. The proposed project is listed in the project list on Table 15 of the Port Master Plan and would be consistent with the certified land use San Diego Unilled Pat DWrbl Board Meeting— July 12, 2011 P14 AGENDA ITEM 15 Page 4 of 5 designations. Therefore, the proposed project is consistent with the certified Port Master Plan. The proposed Project has been determined to be an appealable category development under section 7.d(4) of the District's Coastal Development Permit Regulations (uocument No. 19171); which define "recreational small craft marine -related faces tiles" as an appealable development. The Draft CDP is included with this agenda sheet as Attachment 4. In accordance with the District's Regulations, a notice of a public hearing regarding the appealable CDP for the Project was mailed to known interested parties, the Mayor of National City, all National City Council members, adjacent property owners and the California Coastal Commission. Although not required under District regulations, the notice was published In both the San Diego Union Tribune and Star News. Although the Project promotes a public educational program, lt cannot be guaranteed that the CDP will not be appealed; however, District staff has been working closely with California Coastal Commission staff in the preparation of this CDP. As a result of this coordination, special provisions have been added to the CDP to ensure that the aquatic center will be primarily used for public programs, events, and activities. Port A rnay's Comments: The Port Attorneys Office has reviewed the issues raised in this agenda sheet and there are no legal concerns. The Board may analyze the issues presented and take appropriate action. Environmental Review: In accordance with the California Environmental Quality Act (CEQA) statutes and guidelines, the proposed Project was analyzed in the National City Aquatic Center and Port Master Plan Amendment MND (UPI) #63356-MND-665, SCH #2005121091). On October 10, 2006, the Board adopted Resolution 2006-161 adopting the MND for the National City Aquatic Center and Port Master Plan Amendment. The Project has been analyzed for conformance with the. adopted Final MND. As described, staff has determined that the Project is in substantial conformance with these documents. Compliance with all applicable mitigation measures required by the adopted MND will be included as conditions of the CDP for the Project. San Obw unftd Fort District Board Meetk4 — July 12, 2011 5 Equal Opportunity Program: Not Applicable. PREPARED BY: Anna Buzaitis Associate Redevelopment Planner Environmental and Land Use Management Attachments: 1) Project Location Map 2) Site Plan 3) Floor Plan 4) Draft Coastal Development Permit San Dfago Unified Pon DWd Board Meeting — July 12. 2011 P16 e r �a,�, _ , �Fi r:. � � .,i '4�i ��-. 1' � � { f /f �c 1 i� �� I1Li �ttr �� - �� y r � �,.� ;' ' � I �.r err-= f�f�n � '� I � ��, �k_....__. �.�.-- �l�l '. T i.'_.rt. F� t raf%�'�: • Y. C Sft ALAN ....r....ft r— San Dk9*-UAMbd.Pott Dmtdct ROW Medng-7uty 12, 2611 AttaMment W 2 to Agenda Street Nm 15 i I P18 San Diego Uni IM Port DW-rid eoard Meeft — July 12, 2011 Attachment No. 3 to Agenda Sheet No.15 PIO A t2Cft of No, 4 tQ Avnda ShOk Ne.16 COASTAL D.�MENT•PEKMIT APPlicant: Chtb'Z&Pata, City Manager City Of National City 1243 National 04 Boulevard National CSty, tit g me Project: 'National, My Aquatic Center Locatfom: East of -Pepper Park, south of W 3210 Street, of Notional 0ty Marina, south of southern. terminus of IaOb, ih National �, CalfifgN,it� You are hereby granted a Coastal Development K is issued in conformance with the Callforml6 Coastal Act 76 and t astal Po mft •Re�,itatibms of the ban Diego (3Mt6ed Port M. adopted OMNI of Port Comtotssftprers• i?m July 1; 19;80n R on No. W -193, an mended on December Z. #980, Roam No. aElf;ovelopment February , 4984, Resolution No. U-62, In aomnlonce wRh -the r the issuance of a �Emeggency I }Nom4ppealable . pool& Permit. Date. -Of Board Action, July 12, Board of Port Commlaeia etesni Date of Pemmd: July , 2011 Application Number•. Thep pmlgar n the pea (as deftned:in: the Cog$W Act) and iht� , ` d opr,lp s; pL to [tied etiftg fhe.aea; Tile project is r,nns[stert . PtIbNC' urges Code SeCpbns ,3f1eMcj, 3000-30224, and the -Coastal lira and,tecreatlonpoffolesmfsrenoedtherein, This permit is. 1 o the development described below and sot forth in material an file wlffi , e San• Diego vnif,ed Fort DiSMot (District), and -adbjgd to the terns, imndlffans, and provisions hereingRW stated: �iEVEl4PRAENI' The Projed Is the comstru6tion and operation of an approximately 4,600 square. foot atptatic center In Pepper Pork In National City,.boo of the SwooNmter Channel, east of the Pepper Petit boot launch ramp, and west of tho pier 32 San deae IMlfied PNt 01019 WO MAMORg—Juh' 12.201 f P20 Attachment No. 4 to Agenda Sheet No..15 National City Marina (see Exhibit 1, Project Location Map). A site plan, floor plan, and public access plan are provided as Exhibits 2, S. and 4 respectively. The maximum building height will be approximately 22 feet. The Project includes the following components: • Multi -purpose classroom that can be divided into two rooms • Office for facility staff Storefront for National City Police and/or Harbor Police Lockers, showers and restrooms Boat and equipment storage Public art Landscape improvements Paved exterior activity areas Lighting that is shielded and directed a m the nearby wildlife refuges Promenade and walkways around facili The aquatic center will be a b c enviro tal science public educational facility with programming rily direcxed rds children and youths. Courses will primarily con f kayaking and and will also Include environmental science prog such a study of I wildlife and tides. Programming may bk a to other water sports,. health and safety courses, and je ed I opportunities. Due to limped land space and water quams, n mming wilt be available at the facility. Due to the sensitivfedera elected wildlife refuge lands, rentals of kayaks and rowbr oce perviston, and classes will have a one to six 1 tro er to monitor activities. The aquatic will al' be a I le for special activities such as specialty camps, the rthday pa a s, and racts with schools, special family events, community an rp ull i , events, and environmental education. Hrrve - •blic -nag tional events vf:l remain the primary foc ctivlties. existing pro ade° walkways at the Project site will be replaced with n ving that wr rovi tinuous public access along the shoreline and the c center. a promenade will connect to the existing Pier 32 National City M rome a to the north. The promenade to the south, east, and west of an I center will be at least 8.5 feet vgdo. The walkway immediately the aquatir_. center will be approximately 7 feet wide. The Project will remove the temporary trailers (existing location of aquatic center) located on the Pepper Park parking lot and restripe the parking spaces on which the trailers are currently located. The Project will share the existing parking lot with users of Pepper Park, the public fishing pier, and the boat ramp. Most aquatic center participants- will arrive in groups via bus transportation. The bus Em Attachment No. 4 to Agenda Sheet No. 15 will drop participants off at the aquatic center, then leave the premises and return at the conclusion of the class -to pick up the participants. Five spaces in the parking lot will be utilized by aquatic'center staff. The parking study performed as part of the MND concluded that no adverse parking impacts would result from the proposed project. The proposed aquatic center is an existing use in the vicinity of the proposed Project site. However, as indicated in the MND, if parking capacity becomes an issue in the future, overflow parking can be accommodated on the nearby Goesno Place and/or Tidelands Avenue. Project construction is anticipated to commence in late 2011 and be complete in 17 months. Temporary construction impacts from the Project were analyzed and addressed in the adopted MND for the proposed Project. STANDARD PROVISIONS Permittee shall adhere strictly to approved by the District. A for the project as 2. Permittee shall notify Distri ny changes in the 3. Permittee shall meet all the I od uiremenNanordinances and .obtain all necessary permits fro tate and federal agencies. 4. Permittee shall con o rmk and regulations of the District 5. Permittee be. sf p f nce with ADA and Title 24 spectfi 6. Pe shall menoe lopment within two (2) years following the date o rmit' t ]strict. Construction shall be pursued in a rc% dI' ant within a reasonable period of time. The it r no way intended to affect the rights and obligations hereto axis under private agreements nor to affect the existing regulatfo othe ublic bodies. 8. Is perm all not be valid unless two copies have been returned to the on I and Land Use Management Department of the District, up o copies the permittee has signed a statement agreeing that the perm will abide by the terms, conditions, limitations, and provisions of the permit. G. All best management practices must be performed during construction and maintenance operations. This includes no pollutants in the discharges to storm drains or to Pacific Ocean, to the maximum extent practicable. 3- P22 Attachment No. 4 to Agenda Sheet No. 15 i0. All Port of San Diego tidelands are regulated under Regional Water Quality Control Board Order No. R9-2007-0001, National Pollutant Discharge Elimination System (NPDES) Permit No. CAS01D8758, Waste Discharge Requirements for Discharges of Urban Runoff from the Municipal Separate Storm Sewer Se�stems (MS"c) Draining the Watersheds of the County of San Diego, the Incorporated Cities of San Diego County, and the San Diego Unified Port District (Municipal Permit). This permit was adopted in January of 2Aby244, es the previous permit Order No 2001-01. All jurisdictid to be in full compliance with Order R9-2007-0001 2008. The Municipal Permit prohibits any activitiesade stormwater quality. The Permittees shall ensure that instruction / op nal use of this project site complies with th 3cipai it and Di direction related to permitted activities Inolu irements fo d in the t ISM District Jurisdictional Urb Runoff Document (JURMP). The JURMP Is i the District website: bft:Myww.DortofSand o. iirmnment/ water.html or by contacting the Environmen inUse anagement Department Department (619 -8254. 11. This proje bject he P ndard Urban Stormwater Mitigation Plan (SU process such, roval of the project by the District is necessarily Mon ub n by the Permittees of a project spec f Urba Plan (USMP) that meets District rei ermittees I implement all USMP structural and struct agement practices (BMPs) throughout the life of e project. to Districts SUSMP guidance documents is posted The I e and maintenance of the USMP BMPs constitute regulato I ions for the Permitees, and failure to comply with the Municipal P • it, the JURMP, or the Port approved USMP, including the specific BMPs contained therein, may be considered a violation of the permit. SHORT TERM CONSTRUCTION MEASURES 1. To minimize noise impacts during construction, the Permittee will require the construction contractor to (a) restrict normal construction activities to 7:00 am to 10:00 pm; (b) keep construction equipment as far as possible -4- S11 Attachment No. 4 to Agenda Sheet No. 15 from sensitive receptors; and (c) provide acoustical shielding around equipment operating at night, from 10:00 pm to 7:00 am. 2. To minimize fugitive air emissions during construction, the Permittee will require the construction contractor to keep fugitive dust down by regular watering. 3. To minimize nuisance effects from lights or glare du 'ng construction, the contractor will shield and direct night lighting away fg• adjacent areas. 4. All trucks hauling loose material during proje truction, either on -site or off -site, shall be adequately covered. 5. Suspend all ground -disturbing a t s when speeds (as instantaneous gusts) exceed 25 m a portable weathe lion on the project site. At, 6. Access points onto -local p ved roads kept clean and swept as necessary. If visible soil al is cam onto adjacent public paved roads, use of a water swee • requt clean the public road. 7. Traffic speeds on., 0 npaved h N ed to 15 mph. 6. Permittee sh reven ' active cks from idling more than 10 minutes during co coon on ey and n the construction site. g. All c ns ctio c intained In peak condition to reduce 10. ;tsel equipmhailtfe low -sulfur diesel fuel. 11. MR& equipmenMhall be used to the maximum extent feasible during 12. Constru a , loyess shall be provided with transit and ride share information.' 13. Permittee shall ensure that any site contamination is identified and a site restoration plan, acceptable to the appropriate regulatory agencies, is prepared and implemented to reduce any existing contamination to a level that has no potential to threaten employee or human health as defined under existing regulations. If any potential exists for impacts to employee health from exposure to acidic or caustic soils, workers shall be provided with adequate protective gear. -5- P24 Attachment No. 4 to Agenda Sheet No. 75 14. Permittee shall require all employees that are exposed to noise levels in excess of Occupational Safety and Health Administration hearing protection thresholds, during oonstrucfion or operation, to wear noise protection devices (ear plugs and covers) that are protective of individual hearing. 15. Permittees and/or contractor shall comply with State Water Resources Control Board Order No. 2009.0009-DWQ (NPDES General Permit No. CM000002), and Waste Discharge Require is for Discharges of Storm Water Runoff Associated with Con on Activity (commonly known as the "General Construction Sto . Permit"), as adopted, amended, and/or modified. Constructio subject to. the General Construction Storm Water Perm equi development and Implementation of a Stone Water tion Prev Plan (SWPPP). The Permittees and/or contra responsible f bmitting to the District the required rag' nforrnatio , subm' a complete SWPPP and all applicable pe s. uired docu and fees shall be submitted to the District month prior to construction. Once all required docu nits are re and approved by the District, the District will p rmlt reg Ion documents with the State Water Resources Con r. ormation if submitted, the State Water Resources ntro w ' sue a waste discharge identification nu m st. A WDID number shall be obtained ' tart of Once ap roved, the SWPPP document shall b intatne n the nstruction site at all times and made availa r review Dist r other regulatory agencies. mt d/or r is responsible for ensuring that the Is maintained on the site, Implemented, and amended as requi ro t construction. No discharges of any material or waste, incl po water, wash water, dust, soli, trash, and debris, Way contain' sto ter or enter the stomwuater conveyance system. such mat I that inadvertently contaminates stormwater or enters th rmwe onveyanoe system as part of site operations shall be remo i lately. All unauthorized discharges to the stormwater conveys ystem or the Bay or the ocean shall be reported immediately to the Di ct Environmental and Land Use Management Department, in order to address any regulatory permit requirements regarding spill notifications, The construction activity herein requires the implementation of Best Management P,racticss (BMPs) used to control discharges to the storm water conveyance system from construction activities: Attachment No. 4 to Agenda Sheet No.16 SPECIAL PROVISIONS Permittee shall comply with all applicable Mitigation Monitoring and Reporting Program requirements (attached as Attachment A), as described in the "National City Aquatic Center and Port Master Plan Amendmenr Final Mitigated Negative Declaration (UPD #83356-MND- 665, SCH #2005121091, Clerk Document No. 51129), dated August 2008, and adopted by Resolution No. 2006-161 on October 10, 2006. The Mitigation Measures are provided in the following Special Provisions. 2. In order to avoid destruction of active nests, removal or relocation of trees, as well as pile driving activities shall be oonductejKutside the migratory bird breeding season, which is February rough August 31. Alternatively, tree removal or relocation soul ur during the breeding season if a qualified biologist conducts a p anon nest survey and determines that nesting activities of bird act er the Migratory Bird Treaty Act would not be disrupts A BR1) 3. Appropriate construction and 44 practices shall be designed and Inip of sediments and other pollutants BR2) Ar, 4. 5. 6. 7. `Z o prevent hMWdtatance to the refuge from recreational activities, aquati 8. In addition to educational programs, physical barriers and signage shall be placed in a manner to prevent encroachment onto the refuge. The mitigation strategy described in the National City Marina Project and Port Master Plan Amendment Final EIR of providing buoys and signs around the refuge would adequately address this issue. (MM BR7) to prev 11 transport star Channel. (MM Night lighting shall be BR3) Only with i roof and from the refuge. (MM d In the new construction, preferably to make windows visible. (MM BR4) shall be sited on the edges and equipment (MM BR5) c r sh develop and implement an education and o ch prograls This shall include an orientation that consists of edu on ram boundaries and location of sensitive habitats. Educett Wsitive natural resources shall also be included, and a brochure and distributed to all participants explaining the importanefuges and of conserving wildlife in the bay. (MM BR6) 7- P26 Attachment No. 4 to Agenda Sheet No. 15 9. Aquatic center watercraft YA not be rented or made available for unsupervised use (MMI DR8). All aquatic center activities will take place as part of an organized group program. 10. The aquatic center will be for public programs, worts, and organized activities. When the aquatic center is not In se, the facility may occasionally be, used for special events suchagbirthday parties, and contracts with schools, special family evW, and community and corporate team building events. 11. No person shall be denied the basis of financial ability 12. The Project shall result in a "no 13. The adjacent floating boaLdool and publicly -accessible 14. The promenade shall i construction. Lion replaced, i an provided ignage ntifyirn 15. Public a Ion _ tsar and Of on ramp shall remain open Millikand during enade pavement Is being ative lic access route shall be public access route. oat launch ramp, floating boat dock, blocked or impeded by activities at outdoor ro hall not interfere or impede public access on the ienede, bo aunc mp, or floating boat dock. 17. PeYjant II standard San Diego "Coastal (Bay) Access° signs In clearentrance into the Pier32leasehold from the Project site,2atic centerentranceonthenorth aide of the building, and3e floating boat dock 18. The construction and operation of the Projcet shall' not interfere with public access to the promenade, boat launch ramp, or floating boat dock. 19. The hours of operation of the promenade and walkways will be consistent with the Port park hours of 6:00am to 10:30pm. The aquafdn center will! also maintain these hours. 20. The Pem►!ttee shall comply with the District's Project Review and Approval (Project No. 028-012-2919), which includes, but is not llmkM to "Standard Condhions/ottter Conditions," "Stomtwater Conditions," lid Attachment No. 4 to Agenda Sheet No. 15 i "Signage Conditions," 'Traffic Control Conditions," "Special Conditions," "Utilities Conditions," "Hot Work Requirements," 'Environmental Conditions," "Site Cleanup Conditions," and the following "Project Speck Conditions." 21. 'The Permittee shall submit a detailed plan for the entire Pepper Park parking lot to accommodate the anticipated number of vehicles for District review. Identify stalls for operator, shuttle bus, maintemance, police and other facility related vehicle uses. AW 22. The District's Project approval is based on the d SWPPP to be submitted to the District's Environmental nd Management Department and approval to be obtained. 23. Permittee shall submit •a final District's Public Art Department 24. A facility sign design pro styles and dimensions as for approval. 26. Permittee shall Materials shall t found in publiail 26, All District 27. 28. Trash Exhibits: 1— Project-riocati, 2 — Site Plan 3 — Floor Plan 4 — Public Access cost astim-Wto the locations, area, text s shall be submitted material samples. ivy usage normally during the course of be reviewed by the City of National City's provided and shown for the site. Attachment: A — Mitigation Monitoring and Reporting Program ii P28 Attachment No. 4 to Agenda Sheet No. 15 if you have any questions on this permit, please contact the Environmental and Land use Management Department of the San Diego unieed Port Diarist. WAYNE DARBEAU PresidentlChief Executive Officer Director, Environmental and Land I have read and understand the this permit and agree to abide by 10'- Date provisions of T, �.i ' : r " �,,; Attachment No..A Tn Agenda 8heot No: 18 WORT 3 SrM PLAN FRI • � .. .. ..... � ....ter...... r � .r .... V • Y • _ n San Dfto WW Port WoMd Bold Moaeng —Ay 12, 2011 Pat EXHIBIT 3 FLOOR PLAN San Diego Unified Port District Board Meeting — Jely 12. 2011 Attachment No. 4 to Agenda Sheet No. 15 lid � � itll l l al P32 AUWAf ht No. 4 to Rger4a Street No.15 EXHIBIT 4 PUBLIC -ACCESS' '.�.� ��=•-:.� -- _ •__ .ram..:=:.'�`.,.•,'=-`.t '^� k-- i x San Wep UnifiMFP". Wsb* *WMaMft—J* 12, 2011 i P33 Attachment No. 4 to Agenda Sheet No. 15 ATTACHMENT A MITIGATION MONITORING AND REPORTING PROGRAM ,AttachmentA of CDP MITIGATION MONITOR)NG.AND REPORIWG•PROGRAM FOR THE NATIONAL CITYAQUATIC CENTER AND PORT MASTER PLANAMENDMENT PROJECT MITIGATED NEGATIVE DECLARATION PURPOSE OF7HE MONTRORING AND RRPDRTING PROGRAM Th* Mitigation %lfoniteriug and Re Rrogr;m (MMRP) wes prppacp¢ for the ProRo• • 4+p4tX Axiwtie �ckttcf�h(esta Plm (Project)to pomply with the Califamia-y"AronmemAl Quality Act (QFJ<1A) mdigation monitoring statute (Public Rtadttfaes Code section.. lldnWas:. 11tii shit8te, titled. -Reporting of Mbnhwing Prb$tama," heyleguins t which ithas to "adopt a.feporGn9 or mgaitbring•prograts for the changes to pmprdPct, which it leas adppted qr mgde.a cbndition of approval in order, to tathgale oS '# eiVdfieant dr1aVW pn the tUM"vironment." This UMshall by made a requirement of Prefect approvaland shall be adopted by the Lead and Responsible Ageacida upon formulation of Findtbga punmadt to section 15091 of the State CEQA OnidetineA, 76 Lead A,gency'tbf this p4m is the Sin Diego tjmimd Pbrt.DisMct t WA Pistriv). The Propose of the MMBP.is to scame -that the mitigation measures, required by the Mitigated `hlbgasve Dbclaradon ,(MVD) brit the.?Mwr nfqueafed' actions, aid pmpariy UpletWod. As Lioul Ageftey for the Trojedt Under CRQA, the Port wtl1 Jhabitdr the mf efico,Jue1AW@ for neatrt{uption s=4 operahpa of the prgisct: I'ha Mitigation Monitoring Checklist ptowi�das a mechanism for monitoring the mitigation a omm s in compliance• with the KIND. General guidelines for the use and implementation of the c0nit0d6Z prbgFam arc dbicribad below. An 46OHM6 telwrtiug;yatem ah;tt be eSWtljshed•priorto any M=going g1fo$s: Copies oftbe measures shall be 'distributed to the participants of to monitoring efloit to ensue that all,Parties inlaiwei'heve a electmiderdtandinIt of the mitigation monitor mmemes 1Sloptea.. MlC1`XGAT�QN f1{dNiTgI;IN� C$RCIQ.Ib'1' 7h6 gWon Menitoriing ChEciilist (s orputlzed by categories- of cnviroemeuW i►hpseti. (0.94 giolog idal Re§ourc6s,.Vatdr Quali% ImA. t1se, and Tloise} poked impacts kiJertlfiNl is tl+e M[�iD are -summarized for each impact man And the required ntit9gatioq, measures are lisfed, The chfcldist ideadifics the imPlemwrtation Schedule. who is responsible for implememing the ma ore, monitoring mechanism, and required monitoring and reportingffequency. A description of these items is provided below. h049ation Measure~ The specific uriGgatign tMeaure, as ogtlinCa. -.m ft. gsied Neg�tivo-Declaration is described by category: San Diego Unified Fon Dlndet eoartl Meeting — July 12. 2011 P34 Attachment No. 4 to Agenda Sheet No.15 ATTACHMENT A MITIGATION MONITORING AND REPORTING PROGRAM sg 8� II� S 9 JI ' �dA •�•5 W'P4 W RI Wi �� W�.T+ San D1ago UAW Pon Dhbkt Board Mwfing —J* 12.2011 P35 Attachment No. 4 to Agenda Sheet No. 15 ATTACHMENT A MITIGATION MONITORING AND REPORTING PROGRAM San Dfego Untrod Pon DistnR eoerd Meeting —.iuN 12, 2011 P36 (Page 1 of 3) ROPS 14-15B January 1-June 30, 2015 Exhibit 'T" RESOLUTION NO.2013 —119 RESOLUTION OF THE Cirri( COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY RECARD1NO THE NATIONAL CITY AQUATIC CENTER WHEREIN THE PORT DISTRICT AGREES TO REIMBURSE THE CITY OF NATIONAL CITY FOR PROJECT CONSTRUCTION COSTS IN AN AMOUNT NOT TO EXCEED $3,080,000, AND AUTHORIZING THE APPROPRIATION OF $3,080,000 TO THE AQUATIC CENTER ACCOUNT NO.001-409-500-59&3816 FROM THE GENERAL FUND WHEREAS, the San Diego Unified Port District ("District") and the City of National City have worked cooperatively to develop the National City Aquatic Center ("Projecf'); and WHEREAS, in 2006, the District approved the Project's concept plan, and certified the Project's Port Master Plan Amendment Mitigated Negative Declaration; and WHEREAS, the Port Master Plan Amendment for the Project was certified by the California Coastal Commission In 2006; and WHEREAS, the District granted the Community Development Commission of the City of National City ("CDC") a thirty (30) year lease for the Project's site, with the condition that the Project commenced construction before December 31, 2012, which was approved by the City through the adoption of CDC Resolution No. 2010-105, on May 18, 2010; and WHEREAS, the District has consented to the transfer of the Lease to the City of National City; and WHEREAS, on September 6, 2011, the City Council adopted Resolution 2011- 198, entering into a Memorandum of Understanding rMOU") with the District regarding the Project, and ratifying the Assignment by the Port and the Assumption by the City of the Lease of the property at Goesno Place in National City, the future site of the Project; and WHEREAS, the District, on the September 26, 2011, fulfilled its MOU obligation by transferring funds to City in the amount of $830,000 to be used towards design and/or construction costs for the Aquatic Center; and WHEREAS, on December 4, 2012, the City Council adopted Resolution No. 2012-229, entering into Amendment No. 1 to the MOU, and Resolution No. 2012-230 entering into Amendment No. 1 to the 30-year Lease, both of which extended the date of commencement of cons-truction to December 31, 2013; and WHEREAS, the District issued the Project's Coastal Development Permit and has additionally granted a two-year extension of the Permit through August 2, 2015; and WHEREAS, the former Redevelopment Agency to the Community Development Commission issued tax allocation bonds in 2011, of which $3.3 Million of the 2011 Tax Allocation Bonds were budgeted for the construction of the Aquatic Center, but due to the dissolution of redevelopment agencies statewide, the State Department of Finance denied the use of these funds for construction; and (Page 2 of 3) Resolution No. 2013 —119 Page Two WHEREAS, because the 2011 Tax Allocation Bonds cannot be used for the Project, the City requested that the Port District reallocate its planned financial support for a separate park project in National City to the Aquatic Center Project; and WHEREAS, on July 16, 2013, the Board of Port Commissioners approved the allocation of $3,080,000 from a separate park project in National City to the Aquatic Center Project, pending amendments to the MOU and Lease Agreement; and WHEREAS, an appropriation of funds in the amount of $3,080,000 from the General Fund is requested for the construction of the Aquatic Center Project, which will be reimbursed by the Port District pursuant to the terms of the Amended and Restated MOU. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Amended and Restated Memorandum of Understanding between the San Diego Unified Port District and the City of National City regarding the National City Aquatic Center. BE IT FURTHER RESOLVED that the City Council approves an appropriation in the amount of $3,080,000 from the General Fund to the Aquatic Center Account No. 001-409- 500-598-3816, pending the reimbursement from the San Diego Unified Port District. PASSED and ADOPTED this a day of August, ATTEST: on Morrison, Mayor Mi hael R. Dalla, City Clerk AS TO FORM: Silva P2 (Page 3 of 3) Passed and adopted by the Council of the City of National City, Califomia, on August 6, 2013 by the following vote, to -wit: Ayes: Ceuncilmembers Cano, Morrison, Natividad, Rios. Soteio-Solis_ Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY- RON MORRISON Mayor of the Clty of National City, California A City rolerk of the City 6f National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing Is a full, true and correct copy of RESOLUTION NO. 2013-119 of the City of National City, Califomia, passed and adopted by the Council of said City on August 6, 2013. City Clerk of the City of National City, California By: Deputy n; ROPS 14-15B January 1- June 30, 2015 NATIONAL CITY BAYFR( Exhibit'v" PLANNING DISTRICT 5 Precise Plan Concept The National City Bayfront is an established and developed marine industrial area. Continued use and intensification of the marine related use is anticipated for the duration of the planning period. Substantial areas are currently used for lumber storage, wood products and vehicle storage, manufacturing and distribution, which are dependent on close proximity to the Port's deep -water wharves. The plan proposes improvements to the Port related road transportation network. In addition, new public access and water - oriented recreational, educational and commercial uses are focused on the development of a pleasure craft marina of approximately 250 slips. Land and Water Use Allocations The National City Bayfront planning area contains a total of roughly 420 acres, consisting of 250 acres of land and 170 acres of water (Table 14). The Master Plan assigns most of the land to Marine Related Industrial and Marine Terminal use, with Commercial Recreation, Park and Recreational Boat Berthing located north of the Sweetwater Channel. National City Bayfront Planning Subareas The subareas are listed on Figure 16. Northern Industrial The Northern Industrial area is isolated from the water by the San Diego (32nd Street) Naval Station, which occupies all of the adjacent waterfront and forms the western and northern boundary of this subarea. The subarea contains a ship repair and lumber transport/ storage yard. These uses, or similar ones, are expected to occupy this land into the foreseeable future. Due to its distance from the water, its remoteness and its relatively sma!! size, this subarea will remain a backup storage area forthe marine terminal and other marine industries occupying waterfrontage. Permitted uses under the marine industrial designation might also include manufacturing, storage, transportation and distribution. A new street section connecting Harbor Drive to Tidelands Avenue is proposed just north of this planning subarea. This street improvement will more directly link Harbor Drive with Tidelands Avenue; creating a north -south street to serve traffic in the National City waterfront area west of the 1-5 freeway and enhancing access to the Civic Center freeway interchange. Twenty Fourth Street Corridor Just south of the northern industrial area is another small subarea, differing only in the type of development. It is dominated by a large shipbuilding yard, which has a narrow water access corridor. The two remaining uses are a fuel distribution yard and an office center for the vehicle importer. The Master Plan considers this area for marine oriented industrial use, with which the present uses are compatible. Other activities appropriate for the area are mentinned in the Lumber Yard subarea. National Distribution Center i he Port acquired 22.1 acres of property located at 1000-1022 Bay Marina Drive, formerly known as West 24th Street. This property is currently known as the National Distribution Center and will be used for Marine Related Industrial purposes. Navy Berthing The Port District has jurisdiction over a large amount of water west of the Naval Station which is 76 Section IV now being used for military ship berthing. The Master Plan foresees continuing this use under the Navy Ship Berthing designation. No other use is considered appropriate under present circumstances. Container Terminal The National City Marine Terminal is one of only two marine terminals identified on the Master Plan Circulation/Navigation Element, and is the only one capable of significant expansion. At present, about 2,400 linear feet of berthing space is available, 1,400 feet along the north wharf and 1,000 feet along the west wharf. Water depth alongside the terminal is a minimum 35 feet at MLLW. The north wharf is used for ship repair and the receipt of petroleum products, including fuel oil for the San Diego Gas and Electric Company. General cargo can also be handled; a 40,320 square -foot transit shed is available for covered cargo space. The southerly half of the west wharf is presently a container and bulk -handling terminal. A high-speed container crane, having a capacity of 40 long tons and capable of handling 30 containers per hour, runs along this wharf. The 17-acre container handling and LAND USE COMMERCIAL ............. Commercial Recreation storage yard is serviced bya 334on rubber -tired bridge crane. Other facilities include a 32,500-square-foot stuffing and stripping space, paved storage for 2,280 containers (including electrical outlets for refrigerated containers), a steam container cleaning facility, maintenance shops, and scales. Two warehouses; one just over 100,000 square feet and another just under 200,000 square feet are accessible from either the north or west wharves. The Master Plan proposes to extend the west apron wharf 2,400 feet to the south, then 1,000 feet east to connect to the existing Sweetwater Wharf. (Most of this development will occur in Subarea 56, the Southwest Corner.) Total wharf space at the National City Marine Terminal would then be about 7,800 linear feet. The wharf design would fill out the bulkhead almost to the U.S. Combined Pierhead and Bulkhead Line, adding about 12 acres of land to the marine terminal. Future dredging would increase the present 35-foot depth to 42 feet MLLW along the west wharfand 37 feet along the Sweetwater Wharf. Construction activities involve excavation, driving of concrete support piles, the placement of rock revetment, and construction of wharf dock and fender systems. TABLE 14: Precise Plan Land and Water Use Allocation NATIONAL CITY: PLANNING DISTRICT 5 INDUSTRIAL ........................ Marine Related Industrial ..... Marine Terminal .... .............. TOTAL % of ACRES WATER USE ACRES ACRES TOTAL ...........7.9 COMMERCIAL ...................... 14.6 .............. 22.6 ............. 5% ...........7.9 Recreational Boat Berthing ...14.6 ....... 232.6 INDUSTRIAL., ....................... 21.6 ............254.2 ...........58% .......148.6 Specialized Berthing ...............7.9 ......... 84.0 Terminal Berthing ..................13.7 PUBLIC RECREATION ...........................4.2 PUBLIC RECREATION ........... 2.2 ................ 6.4 ............. 1% Park.........................................................4.2 Open Bay / Water .................... 2.2 PUBLIC FACILITIES.............................28.5 PUBLIC FACILITIES.............11.9..............40.4 .............9% Streets...................................................28.5 Boat Navigation Corridor ......... 7.0 Ship Navigation Corridor ......... 4.9 MILITARY............................116.7 ............116.7 ........... 27% Navy Ship Berthing .............116.7 TOTAL LAND AREA ........................... 273.2 TOTAL WATER AREA ........ 167.0 PRECISE PLAN LAND AND WATER ACREAGE TOTAL ..................................................440.2 .........100% Precise Plans 77 P2 Other improvements contemplated include the installation of a second container crane, additional railroad siding, and paving of the remaining backup area. As a general cargo terminal, this facility could handle almost any commodity; however, it is anticipated that it would handle petroleum on the north wharf, and vehicles, containers, lumber, and other heavy cargo on the west wharf. Improved highway access to the marine terminal is needed. An additional industrial accessway to Interstate 5 for north and south movements is recommended. Lumber Yards At present the area back of the National City Marine Terminal is used almost exclusively for storage, assembly and handling of lumber and wood products. A fuel oil storage farm and a food cold storage locker are the only other uses. These uses display the benefits of water linkage with the marine terminal and require a considerable amount of space. Other activities appropriate for this area, as well as Subareas 51 and 52, include wood preserving, manufacturing of wood products, wholesaling of building supplies, ice manufacture, food processing, petroleum storage, freight distribution and associated or similar uses. Industrial performance standards are encouraged, especially landscaping and appearance treatments along Tidelands Avenue; however, such standards for development must be consistent with the functional needs of the industrial area and individual operations. If additional backup cargo storage area is required because of expansion of the marine terminal, this area could be utilized for this purpose. Southwest Corner Snuth of the present marine terminal is a fill area reserved on the Master Plan for Marine Related Industrial :.use. Current use is about half for industrial production and about half vacant. As mentioned in the description of the Container Terminal subarea, the Master Plan envisions the extension of the apron wharf from the container crane along the Pierhead/Bulkhead Line to the Sweetwater Channel where it would follow the Bulkhead Line to the present Sweetwater Wharf. Future use of the western parcel is envisioned as a shipyard or other marine industrial use. The eastern 78 Section IV parcel could also be used for similar purposes. In any case, planning for this area favors large industries or activities which can utilize its unique attributes of deep water berthing, railroad and highway access, distance from residential neighborhoods, and ample space. Sweetwater Wharf Sweetwater Wharf designates that part of the National City Marine Terminal located on the Sweetwater Channel. It is linked administratively to the container terminal (Subarea 54). It has a 1,400- foot-long wharf and is used almost exclusively for landing shipments of lumber and vehicles. This use is planned to continue into the future with a possibility of other products being shipped through the Sweetwater Wharf. Launching Ramp This public recreation area includes a park lawn area, a public fishing pier, a boat launch ramp and a parking area serving the entire site. The park provides picnic tables, a shoreline promenade with seating, open and shaded lawn areas and walkways leading to the fishing pier. The boat launch has 8 lanes for boating access, a restroom and a dock facility on the Sweetwater Channel. An aquatic center facility including restrooms, locker rooms, offices, classrooms, watercraft storage, paved exterior activity areas, security walls, fencing, lighting, and landscape improvements is proposed in the location of the existing restrooms. The existing restrooms will be replaced in a location accessible to the Pepper Park, launch ramp, and landing users. The aquatic center will be primarily for public programs, events, and organized activities. Continued heavy use of this public recreation area is anticipated for active yachting, instructional turf play and the more passive activities of fishing, picnicking and sightseeing. Anchorage A-8, the Sweetwater Small Craft Anchorage, occupies a water area of approximately 200 acres. Although sheltered from the waves of the open ocean by the Silver Strand, the anchorage is exposed to long fetches inside the harbor. Approximately 250 vessels at single swing point anchorage using vessel ground tackle can be accommodated; however, use shall be incremental, the first phase to provide for up to 100 vessels, with any additional 100 increments to be subject to further public hearings and consultations with District member cities. About 30 percent of the spaces are to be reserved for short-term use by transient ocean I ! /I\! \� « ! ! | # -�} 2■&}$[ § w ,22 / � �7| } &E / ! |$�!|■ � :| .| .2 �.. k0 { \~�� - \/% ■ §■ $§a�� - � w I f ,71 _ II I •`U I �m 1� 1,111 Iwo It* i -WA farL.Ji�_ - � --.arcAl +' I ' V O cc Im us 4 � w � 4 c ' 4r� !n F.rc l 0014 cruising vessels. The boundaries of the anchorage are proposed to be identified by marker buoys and shown on bay charts. Control over the anchorage is to be exercised by the Port District. The existing National City small craft -launching ramp provides landing and shoreside support services consisting of automobile parking, restrooms, public telephone, drinking water, trash disposal, and docking facilities. Marina This commercial recreation area shown on the Planning District Map is designed to accommodate the needs of workers in the nearby industrial area, people enjoying the nearby recreational park, and the adjacent marina and attendant commercial facilities. Uses could include a restaurant or coffee shop, convenience store, bait and tackle shop, boat slips and dry storage, lodging and other business activities consistent with public demand. Activities associated with the boat launch ramp, such as the sale and repair of trailered boats, boating equipment sales, water ski gear, and selected marine hardware, are appropriate uses. The location and design of the commercial area, and possibly even its market feasibility, is dependent on improved access to Interstate 5. The additional traffic and increased activity in this presently isolated property would greatly enhance its attractiveness for commercial enterprise. TABLE 15: Project List NATIONAL CITY BAYFRONT: oqo 0� yQi� PLANNING DISTRICT 5 eJ�P� o�� PQQX0, I. CONTAINER WHARF: Extend rock revetment and apron wharf 54 P N 1988-99 1,000 feet. Excavate, drive support piles, place rock, construct wharf. 2. COMPLETION OF TERMINAL WHARF: Extend rock revetment and 56 P N 1998-99 apron wharf an additional 2,400 feet, to Sweetwater Wharf. Construct as above. 3. SECOND CONTAINER CRANE: Install second container crane, 54 P N 1998-99 miscellaneous equipment. Pave backup area. 4. CONTAINER TRACK EXTENSION: Convert 500 feet of 54 P N 1998-99 Berth 3 to a container wharf. 5. MECHANICAL BULKLOADER: Install bulkloader, paving, railroad 54 P N 1997-98 siding, conveyors, unloading pit. 6. SHIPYARD: Construct shipyard facilities, buildings, cranes, dry-dock. 56 T N 1993-94 7. COMMERCIAL SUPPORTAREA: Construct buildings, parking, landscape. 58 T Y 1995-96 8. MECHANICAL UNLOADER: Erect cargo handling equipment. 54 P N 1995-96 9. CONNECTING STREET: Linking Harbor Drive to Tidelands Avenue 51 P N 1993-97 north of the Civic Center Drive. 10. PEPPER PARK PUBLIC RESTROOMS: Demolish and remove existing 58 P N 2006-08 structure, drinking fountain, public pay phone, and landscape materials. Construct new ADA compliant restroom facility, drinking fountain, public pay phone, walkways and landscape improvements. 11. RECREATIONAL MARINA: Install marina docks, utility services, 59 T Y 1994-95 shoreside structures, walkways, landscape improvements and parking area. 12. AQUATIC CENTER: Construct restrooms, locker rooms, offices, classrooms, 58 T Y 2006-08 watercraft storage, paved exterior activity areas, security walls, fencing, lighting, and landscape improvements. Remove temporary classroom and storage facility and return pavement area to parking use. P- Port District T- Tenant N- No Y- Yes Precise Plans 81 P6 � ` ®� ( i cI qcc q m k� �� co D / k LnjL !@ � $k �\ „ �COL CL ■ § �§ CL U) U. !I ©o �§ � � | $ �■ e If |2 § i\ LU q �.| /w CA § $ & §� ( �C z « o &� ) \ \ �§ f0 2 $ -§2 § ) & a G i " 17| c , - - } \\\ \ a■ cc ° /B 2a e. �§ a �| 0 §k § «2 \ k k{ ■ z& LL 'a �k �co 0 °/ `g x + z B I ui 2 z \ LU k § ( 0§ ■ ® w 2� k ! 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FL§§/ ` f d, , � NO cm IL E LO ) k } § | P6 ROPS 14-15B January 1-June 30, 2015 Recognized Obligation Payment Schedule (ROPS 14-15B) - Summary Filed for the January 1, 2015 through June 30, 2015 Period Name of Successor Agency: National City Name of County: San Diego Current Period Requested Funding for Outstanding Debt or Obligation Six -Month Total Enforceable Obligations Funded with Non -Redevelopment Property Tax Trust Fund (RPTTF) Funding A Sources (B+C+D): $ 25,117,000 B Bond Proceeds Funding (ROPS Detail) 25.057 000 C Reserve Balance Funding (ROPS Detail) D Other Funding (ROPS Detail) 60.000 E Enforceable Obligations Funded with RPTTF Funding (F+G): $ 7,166,847 F Non -Administrative Costs (ROPS Detail) 6,958,104 G Administrative Costs (ROPS Detail) 208;743 H Current Period Enforceable Obligations (A+E): $ 32,283,847 Successor Agency Self -Reported Prior Period Adjustment to Current Period RPTTF Requested Funding Enforceable Obligations funded with RPTTF (E): J Less Prior Period Adjustment (Report of Prior Period Adjustments Column S) K Adjusted Current Period RPTTF Requested Funding (I-J) 7,166,847 (318.735) $ 6,848,112 County Auditor Controller Reported Prior Period Adjustment to Current Period RPTTF Requested Funding L Enforceable Obligations funded with RPTTF (E). 7.166,847 M Less Prior Period Adjustment (Report of Prior Period Adjustments Column AA) - N Adjusted Current Period RPTTF Requested Funding (L-M) Certification of Oversight Board Chairman: Fursuani to Section 34177 (rn) of the Health and Safety code, I hereby certify that the above is a true and accurate Recognized Obligation Payment Schedule for the above named agency. ls1 Name Signature 7,166,847 Title Date Exhibit "W" Recognized Obligation Payment Schedule (ROPS 114-11513) - ROPS Detail January 1, 2015 through June 30, 2015 (Report Amounts in Whole Dollars) - A B C D I EE F G H i J K--L--___MN 0. P I � Fundina Source - � Non -Redevelopment Property Tax Trust Fund IContract/Agreement ContractlAgreementl I Total Outstandingl - Non-RPTTF RPTTF I Reserve I 1 item ii I Project Name / Debt Obligation I Obligation Type I Execution Date I Termination Date I Payee I uescnpdoni-Prolect Scope I -Project Area I Debt or Obligation Retired I bond Proceeds I Balance Other Funds Non -Adman Admin SIX -Month Total ' ' $ 245,575,075 ' $ 25 057.000 ' $ ' $ 60,000 ' $ 6 958.104 ' $ 208,743 ' $ 32 283 847 1 1999 Tax Allocation Bond Bonds Issued On or 6/3/1999 6/1/2031 Bank of New York Bonds to fund non -housing tax-exempt Merged 4,959,906 N 86,713 86,713 2 2004 Tax Allocation Bond Bonds Issued On or 6/30/2004 8/1/2032 US Bank Bonds to fund non -housing tax-exempt Merged 5,442,050 N 81,713 81713 Before 12/31/10 projects 3 2005 Tax Allocation Bond Bonds Issued On or 1/25/2005 8/1/2032 US Bank Bonds to fund non -housing tax-exempt Merged 17,351,936 N 311,344 311,344 Before 12/31/10 projects 4 2011 Tax Allocation Bond Bonds Issued After 3/3/2011 8/1/2032 US Bank Bonds to fund W I-TOD and other non- Merged 69,509,906 N 1,264,741 1.264.741 12/31/10 housing tax-exempt projects 5 WI-TOD (DDA/Co-Op/Bond OPA/DDA/Construcb 6/21/2011 12/31/2014 Paradise Creek Housing Pre -development loan Merged N - Docs/Other Grants) on Partners 6 WI-TOD (DDA/Co-Op/Bond OPA/DDA/Constructi 6/21/2011 12/31/2014 Paradise Creek Housing Phase I Agency Loan/local support Merged 5,519,518 N 4,979,425 540,093 5.519,518 Dow/Other Grants) on Partners 7 WI-TOD (DDA/Co-Op/Bond OPA/DDA/Constructi 6/21/2011 12/31/2014 Paradise Creek Housing Phase I Agency Loan/local support Merged 9,977,575 N 9,977,575 9,977,575 Does/Other Grants) on Partners 8 WI-TOD (DDA/Co-Op/Bond OPA/DDA/Constructi 6/21/2011 12/31/2015 Paradise Creek Housing Phase 11 Merged 14,909,000 N 5,000,000 2,000,000 7,000.000 Docs/Other Grants) on Partners 9 WI-TOD (DDA/Co-Op/Bond OPA/DDA/Conslructi 2/15/2011 6/30/2020 City of National City/Kimley- Public Works Relocation - Design / Merged - N - Docs/Other Grants) on Hom & Associates Engineering 1 efWailonM Repitiorment Vard Merged R- rpocs/OtlrerGrerds on Pro e. Ovmer 11 WI-TOD(DDAICo-0P/Bond OPAVDDA/Consauca V1512011 - 6/30/2020 of Nat:ona!City BufldinglRelocatlon Costs :Merged N - 12 W I-TOD (DDA/Co-Op/Bond OPA/DDA/Constructi V15/2011 6/30/2020 City of National City/E2 Remediation Planning Merged N - Docs/Other Grants) on Mana eTech 13 W I-TOD (DDA/Co-Op/Bond OPA/DDA/Constructl 2/15/2011 6/30/2020 City of National City/DTSC Environmental Oversight Merged N - Dow/Other Grants) on 14 W I-TOD (DDA/Co-Op/Bond OPA/DDA/Constructi 2/15/2011 6/30/2020 City of National Environmental Clean -Up Merged N - Docs/Other Grants) on City/Contractor 15 WI -TOO (DDA/Co-Op/Bond OPA/DDA/Constructi 2/15/2011 6/30/2020 City of National Site Demolition / Grading Merged N - Dow/Other Grants) on City/Contractor 16 WI-TOD (DDA/Co-Op/Bond OPA/DDA/Constructi 2/15/2011 6/30/2020 City of National City/Project Construction Management & Merged - N - Dow/Other Grants) on Professionals Corporation Inspections 17 WI-TOD (DDA/Co-Op/Bond OPA/DDA/Construc0 2/15/2011 6/30/2020 City of National City/Opper Environmental Outside Counsel Merged N Dom/Other Grants) on & Varco 18 WI-TOD (DDA/Co-Op/Bond OPA/DDA/Constructi 2/15/2011 6/30/2020 City of National City Project Management & Administration Merged - N Dow/Other Grants) on - 19 SR54 and National City Blvd lmprovementllnfrastr 3/3/2011 8/1/2032 City of National Construction Merged 2,500,000 N - Infrastructure Imorovemenis ucture (City/Contractor 20 8th St Smart Growth Revitalization I Professional 3/3/2011 8/1/2032 City of National City/Harris Design / Engineering Merged 308,360 N - Co-Op/Bond Dow/Grants) Services & Associates I 1 2£r 'r' `im i r %eri6ia`sir5oll I < i 2 wfy fn nwlfnYer e.nyl'ri ijEGf' I nest ii - SNuCtibn BPiegametR ad ! 1(Co-Op/Bond Doca7Grants) Services I I tProfess:onais Cmm�raaon IInspections I I - tit smart C.—awiith rteV 2aton !mprovenx rtllnfrastr r 3/3P2011 °J1/2032 Jty^`t ..c^si Phase 11-Constructor. Yp, „c." 1,800,060, ) 1,8C0,00.1 1800,000 Co /bond Docs/Grants. ucture I •/CoMrector 24 8M St Smart Growth Revitalization Professional 3/3./201.1 8/1/2032 Crty of NaUonafCity/URS Program Management tMerged t - N - D I 25 8th St Smart Growth Revitalization Project Management 13/3/2011 8/1/2032 City of National City Project Management & Administration (Merged 300,000 N Co-Op/Bond Dow/Grants) Costs 26 8th St Safety Enhancements (Co- Professional 3/3/2011 8/1/2032 City of National City/RBF Design / Engineering Merged 65,000 N - Op/Bond Docs/Grants) Services Consultants 4 Wa6anai n f "',./R.•rdVan- ma North America / 288th St Safety Enhancements (Co- lmprovementlinfrestr1313/2011 aM/2032 rCity, of National Construction Merged N I - i OD/Bond Docs/Grams) ucture i lCity/Contractor ' 29 Sth St Safety Enhancements [Co- Professional A=12011 8/1/2032 of National City/URS Program Management Merged ) N I- es/Gua rCrty Recognized Obligation Payment Schedule (ROPS 14-15B) - ROPS Detail January 1, 2015 through June 30, 2015 (Report Amounts in Whole Dollars) A B_ C. D �E F G H i I J K L I M _ I_--..L®_.._—_.L... P _I — �_-- Fundinq Source Non -Redevelopment Property Tax Trust Fund 1 Contract/Agreement I Contract/Agreement I I Total Outstandingl ItNon-RPI RPTTF Reserve Item_ 1i I8th Pro eat Name I Debt Obligation Obligation Type I Execution Date Termination Date Payee Descri tiordPro'ect Scope I Project Area Debt or Obll atlon Retired Bond Proceetls BalaIce I Other Funds Non•Atlmin Atlmin Six -Month -total 3 St SafetyEnhancementsProject (CO-( Management � 1 9 3/3/2011 8/1/2032 Cit of National City I Y tY Project Mana ement & Administration � 1 9 Mer ed 9 50,000 � N O /Bond Docs/Grants Costs 3 nd Ave 9nwm&ft Proileftional Seim'1 Iffiftff ftvt Nationsi ems - gn maenng e'rged N SMiaawfessi lea ---:wagnd 32 Highland Ave Safety Enhancements Professional 3/3/2011 -- -' 8/1/2032 --- City of National __— Construction Management & ._,_. Merged � 300,000 �. N (Co-Op/Bond Docs/Grants Services City/Consultant Inspections Ave. CRY Of tlaitrmal Merged h I - f Co nd Oocs/Grants uoture City/Contractor 34 Highland Ave Safety Enhancements Professional 3/3/2011 8/1/2032 City of National CKWRS Program Management Merged N - 35 Highland Ave Safety Enhancements Project Management 3/3/2011 8/1/2032 City of National City Project Management & Administration Merged 200,000 N (Co-Op/Bond Docs/Grams Costs 36 D Ave Community Corridor / Round- Professional 3/3/2011 8/1/2032 City of National City/Kimley- Design / Engineering Merged 36.000 N about (Co-Op/Bond Docs/Grams) Services Horn & Associates 'Ave ComirnuriftyComdorf 19 of atkmai - oY- & N about (Co-Op/6ond Docs/Grams) Sernoes Professionals Corporation Inspections 38 D Ave Community Corridor Round- Improvement/Imrastr 3/3/2011 8/1/2032 City of National Construction Merged N about (Co—Op/Bond DocslCarants ucture City/Contractor 39 0 Ave Community Corridor / Round- Professional 3/3/2011 8/1/2032 City of National Clty/URS Program Management Merged N 40 D Ave Community Corridor / Round- Project Management 3/3/2011 8/1/2032 City of National City Project Management & Administration Merged 50,000 N - about Co-Op/Bond Docs/Grants Costs 4 ... ge Ave D'emmtal" ai 9 Nelmnal F - (Co-OpBond DocslGrants) Services Horn & Associates 42 Coolidge Ave Community Corridor .Professional 3/3/2011 8/1/2032 Cltyof National Ctty/Project Construction Management & Merged N (Co-Op/Bond Docs/GmMs) Services Proi'assionais Corporation Inspections 430oplidge Ave Community Corridor ,Improvement/Inhastr 8/1412012 8/1/2032 City of National Construction Merged N (Co-op/Bond ucture City/Contractor Docs/Gmnts/ConsWction I I ,Agreement) I 44 CoolldgeAve Community Comdor Professional 3/3/2011 8/l/2032 City of National OVURS )Program Management Merged y N - 45 Coolidge Ave Community Corridor Project Management 3/3/2011 8/1/2032 City of National City Project Management & Administration Merged 100,000 N Co-0 /Bond Docs/Grants Costs tomdortub,mttA Wationel s. anagemam eig«t O /Bond Docs/Grems1 isennces I 1&Associates Inspections 48 4th St Community Corridor (Ou- Improvement/lmresV 3/3/2011 Ia i"WA City of National Construction Merged I •• I 1 i -I 49 4th St Community Corridor (Co- Project Management 1 t/201 1 8l1/2032 (City of National City Project Management &Administration Merged I 100,000 N I I I IOp/Bond Docs/Grants Costs I I a Memos fkavvSt imprtwertlems ...,-h �e w,1 I ,.&2 L.TFCf 4m _ , ....., , � ,. - L. r tans. ,7.��c.,:.n V L. •.„.:" I N OpiEsond woes) Isemloes ; IHom&Associates I 521 Las Palmas Park Improvements (Co- Professional 3/3/2011 1811 I2032 City of National City/Pro7ect Construction Management & IMerged N I j Op/BondDoes) Services S iProofessionals Corporation Inspections J I 53 Les Palmas Park Improvements (Co- Improvemeilimrast 3/3/2011 8/1/2032 City of National Construction Merged N - OP/Bond - ucltire City/Contractor 54 Las Palmas Park Improvements (Co- Professional 31=11 I8/1/2032 18/l/2032 City of National CityltlRS Program Management Merged N 55 Las Palmas Park Improvements (Co -Project Management 3/3/2011 City of National City Project Management & Administration Merged 500,000 N Q /Bond Docs) osts 561 Line left blank by SA Admin Costs l/l/2014 6/30/2014 Line left blank Line left blank Line left blank Y e g0Agrcem ge 2 egged N - ram-L GasPalmas.Park I ucture Recognized Obligation Payment Schedule (ROPS 14-15B) - ROPS Detail January 1, 2015 through June 30, 2015 (Report Amounts in Whole Dollars) A B 1 C E I G H i J K L M N O P i 1 Funding Source Non -Redevelopment Property Tax Trust Fund I Non-RPTTF RPTTF Reserve Contract/Agreement Contract/Agreement I I Total Outstanding) Item # Project Name I Debt Obligation Obligation Type Execution Date Termination Date Payee Descri tionirroject Scope Project Area ueb[ or Obii anon Retired Bond Proceeds Balance Other Funds Non -Admen I Admin six -Mont" 1 oval w1 n1bbli IRs?+a "Al•^yalrbrIftfCo. 1P^wfesll Aw....1 wimm ,1latit�l' .ley Design R Op73ond Dous) Services Horn & Associates 9 10mball Park improvements (Co- Professional 3/3/2011 81112032 Cay of National Cfty/Pro/ect Construction Management & Merged N Op(Bond Dots) Services Professionals Corporation Inspections � ' 60. Kimball Park Improvements(Co- Improvement/lrifirsir 3WO11 8/l/2032 City of National Consiruiubon Merged N Op/Bond Dope) ucture - City/Contractor 9 Kimball Park Improvements (Co- Professional 3/3/2011 6/1/2032 City of National City/URS Program Management Merged N - 62 Kimball Park Improvements (Co- Project Management 3/3/2011 8/1/2032 City of National City Project Management & Administration Merged 120,000 N Op/Bond Docs) Costs Aquatic siRbr o 10Detd ) " 1 National N Services RabmesArchitects 64 Aquabc Center (Co Op/Bond Dom) Professional 3/3/2011 8/112032 City of National City/Project Construction Management Merged N Services Professionals Carp 65 Aquatic Center (Co-Op/Bond Does) ImprovemenVlnfrastr. 3/3/2011 8/1/2012 City of National Construction Merged 3,3D0,000 N 3,300,000 3,300,000 ucture City/Contractor 66 Aquatic Center(Co-0p/13ond Dom) Professional 73/2011 BM/2032 Otlytyuf National City/LRS Program Management Merged N - 67 Aquatic Center (Co-Op/Bond Dom) Project Management 3/3/2011 8/1/2032 City of National City Project Management & Administration Merged 100,000 N - Costs 68 Granger Hall and Property (Co -Op) OPA/DDA/Constructi 2/15/2011 6/30/2016 City of National City Design, Construction, Project Merged 1,200,000 N on Management, & Administration 69 Street Resufacing (Coop) ImprovemenVlnfrastr 2/15/2011 6/30/2016 City of National City Design, Construction, Project Merged 6,500,000 N - ucture I Management, & Administration 70 Concrete Improvements (Co -Op) ImprovemenVlnfrastr 2/15/2011 6/30/2016 City of National City Design, Construction, Project Merged 1,400,000 N - ucture Management, & Administration 71 Traffic Signal Timing (Co -Op) ImprovemenVlmrastr 2/15/2011 6/30/2016 City of National City Design, Construction, Project Merged 150,000 N - ucture Management, & Administration 72 Plaza Blvd Widening (Co -Op) ImprovementInfrastr 2/15/2011 6/30/2016 City of National City Design, Construction, Project Merged 4,709,300 N - ucture Management, & Administration 73 Traffic Monitoring (Co -Op) ImprovemenVlnfrastr 2/15/2011 6/30/2016 City of National City Design, Construction, Project Merged 150,000 N - ucture Management, & Administration 74 Drainage Improvements (Co -Op) ImprovemenVlnfrastr 2/15/2011 6/30/2016 City of National City Design, Construction, Project Merged 2,200,000 N - ucture Management, & Administration 75 Senior Village (Co -Op) OPA/DDA/Constructi 2/15/2011 6/30/2016 City of National City Design, Construction, Project Merged 13,000,000 N - Ion Management, & Administration 76 Pacific Steel (Co -Op) ImprovemenVlnfrastr 2/15/2011 6/30/2016 City of National City Design, Construction, Project Merged 60,000 N - ^cture Management, &Administration 71" Kimbali'vyay Creek Improvements impiovemeilVimrasu 2/152011 6/30/2016 City of National City Design, Construction, Project Merged 100,0001 N - Co -Op ucture Management,&Rdministration 76I6-1 Site Uevelopment (Co -Up) improvemenUlnfrastr 2/15/2011 6/30/2016 City of National City Design, Uonstruchon, Vmject Merged 200,000 N ucture I I Mana ement,&Administration I I 7"g Gtoraf nl Renovation I`rcgram (Co- OFA,DDAC .atruvii Z".51201. , 6/30/2016 City of National City Design, Construction, Project Merged 00I ' uD) on i Management, & Administration i 80 Paradise Creek Enhancement (Co- ImprovementInfrastr 2/15/2011 6/30/2016 City of National City Design, Construction, Project Merged 2,300,000 N Op) ucture Management, & Administration 81 RHNA, Housing Element, and other OPA/DDA/Construcd 1/l/1992 6/30/2021 CDC -Housing Authority State Mandates/Goals for Housing Merged 71,192,024 N - housin mandates on AgkarneM nits listed on tlr. of Anret[ca van sfa6on ... Before 12/31110 86 Loan from Sewer Fund ChyfCounty loans 6nn/2010 6130/2013 SewerF,md Loan for street resurfacing Merged 425,000 N � - i 87 Personrei and Admin Costs Admin Costs 1/1/2015 6/30/2015 City of National City Personnel and other support services Merged 270,000 iJ , o0,"u00, 208,743 268 743 for SA Recognized Obligation Payment Schedule (ROPS 14-15B) - ROPS Detail January 1, 2015 through June 30, 2015 (Report Amounts in Whole Dollars) A B D F G H i J K L i M N O P i I ' Funding Source Non -Redevelopment Property Tax Trust Fund Contract/Agreement lContracflAgreementl (Total Outstanding Non-RPTTF RPTTF � Reserve Item # Project Name I Debt Obligation Obligation T Execution Date Termination Date Fa ee Descritionlrro ect Scope I Fro ect Area uebt or Obn atlon Ketired Bond Proceeds Balance I Other Funds Non -Adman I Admin 1 Six -Month Total I 91 Ca.- over for unfunded obligations 1 9 'RP'!TF Shortfall I• I 7/1/2012 16/30/2014 L• 'Successor Age LMIHF Agency Amount due to LMIHF;c repa ash I spay Merged 9 used to meet RPTTF debt service obligations in ROPS 2 that exceeded the RPTTF distribution, which has delayed payments to vendor pursuant to Items 5 and 6 was Palmas 'M.!pt"mer" o-.. str 6MR2012 &fM119 N Op/Bond DorsPurchase Order) ucture 95 Kimball Park Improvements (Co- Improvement/lydrastr 8/1412012 8/1/2032 Contractor -ROMTEC Construction Merged N - O nd Dws/Purchase Order) ucture Y w. •Amount on 1I §QQWtG. ... It- CYAQW for N: - 100 Legal Settlement Litigation 6/18/2007 6/30/2015 Highland Park, LLC Legal settlement, Purple Cow Merged Y 101 General Property Management Property 2/15/2011 5/16/2036 City of National City Ongoing management of CDC assets Merged 400,000 N 40,000 40.005 Maintenance - 102 Kimball House Maintenance Property 8/19/2008 8/19/2023 National City Historical Annual payment per lease agreement, Merged 450,000 N 4,000 4,000 Agreement Maintenance Society & County of San possessory interest tax Diego 103 Trash Service for CDC properties Property 1/1/2015 6/30/2015 EDCO Trash hauling all RDA owned Merged 1,000 N 1,000 1,000 Maintenance properties 104 Landscape Services for CDC Property 3/21/2011 6/30/2015 N13S Landscape Services Merged 10,000 N _ 6,000 6.000 Properties Maintenance - 105 Power for Temporary Aquatic Center Property 7/1/2013 6/30/2016 Power Plus Rental of temporary power poles Merged 23,000 N 3,000 3 000 Maintenance 106 Power for CDC properties Property 1/1/2015 6/30/2015 SDG&E Electricity & gas for RDA properties Merged 3,000 N 3,000 3,000 Maintenance 107 Security Contract for Old Library Property 1/1/2014 6/30/2015 Stanley Sonitrol Fire alarm monitoring Merged 3,500 N 500 500 Maintenance 108 Water Service for CDC properties Property 1/1/2015 6/30/2015 Sweetwater Authority Water including irrigation RDA Merged 4,000 N 4,000 4.000 Maintenance properties 109 Security Fence for Palm Plan Property Dispositions 7/1/2013 6/30/2015 National Construction Temporary fencing of RDA site Merged 5,000 N 1,000 1,000 Rental 110 Environmental Monitoring for CDC Property 7/1/2013 6/30/2015 County of San Diego Environmental Oversight Remediation IMerged 30,000 N 6,000 6,000 Properties - Maintenance I and Testing for Education Village, II ACE, 2501 Cleveland, 835 Bay Marina Drive and other SA properties as necessary 111 Environmental Monitoring for CDC Property 7/1/2011 6/30/2015 Consultants Environmental Oversight Remediation Merged 70,000 N 50,000 50 O00 Properties Maintenance �GeoSyntec and Testing for Education Village, ACE, 2501 Cleveland, 835 Bay Marina I I I IDrive and other S.A, properties as I necessary i 1231Agency Admin Expenses Property Dispositions i7/30/2010 6/30/2012 Keagy Real Estate Appraisai Services Merged N 124 Agency Admin Expenses Property Dispositions 7/30/2010 6/30/2012 jPGP Real Estate Appraisal Services Merged - N I 1125 Agency Admin Expenses Property Dispositions 7/302010 i6/30/2012 iKen Carpenter Real Estate Appraisal Services Merged N I _ 128 Contract for Financial Analysis Fees 7/1/2010 6/30/2016 Urban Futures Financial and bond adviser/annual Merged 35,000 N 10,000 10,000 disclosure 130 Contract for Environmental Services Property 7/1/2011 6/302013 GeoSyntec Consultants PSI Environmental Investigation Merged N Maintenance 144 Contract for Legal Services Legal 2/1/2011 6/30/2015 Kane, Ballmer, & Berkman Legal support for state actions on Merged 35,000 N 35,000 W 000 i (protecting Redevelopment/Litigation support for legal interests, e.g., I nnordabie Housing %oaiition v. i Sandoval, el al. Recognized Obligation Payment Schedule (ROPS 14-15B) - ROPS Detail January 1, 2015 through June 30, 2015 (Report Amounts in Whole Dollars) A B c F ai H K I L M N O P 1 Funding Source Non -Redevelopment Property Tax Trust Fund Non-RPTTF RPT^F I Reserve ContracMirreement ContracdAgreementl I I Total Outstanding) I Item # Project Name 1 Debt Obligation Obligation Type I Execution Date I Termination Dare I Payee I Description/Project Scope f Project Area _ Debt or Obligation Retired Bond Proceeds Balance_ Other Funds Non•Admin Admin Six -Month Total 146 Contract for Legal Senices 9� ° e ^' I -gam 10/3,"20?? °'30/2015 ^per & Var;a, LLP 1�p. " anon fa l�tig Education VillageA — -I 'Merged 70,000 ----�-�- N I 75,0001 I 75,000 support re: environmental compliance with DTSC, DEH, etc. for SA properties or responsibilities 147 Contract for Legal Services Legal 1/22/2008 12i6/2015 Christensen & Spath, LLP Litigation for ARE Holdings/Litigation Merged r._ 125,000 N 125,000 125,000 for Morgan Square, Inc./Legal Services for Westside Infill Transit Oriented Development Housing Project 148 Contract for Legal Services Legal 11/9/2010 6/30/2015 Best Best & Krieger, LLP Litigation CYAC Merged 150,000 N 100,000 100.000 150 Contract for Legal Services Legal 11/21/2011 6/30/2015 Mazzarella Lorenzana Minimize CYAC Liability -Indemnity Merged 75,000 N 75,000 75.000 Claim 151 Contract for Professional Services Professional 3/3/2011 8/1/2032 City of National City/Project Design / Engineering Merged N Services Professionals Corporation 152 Contract for Professional Services Professional 3/3/2011 8/1/2032 City of National City/Kimley- Design / Engineering Merged N Services Horn & Associates 153 Contract for Professional Services Professional 3/3/2011 8/1/2032 City of National City/Harris Design / Engineering Merged - N Services &Associates 154 Contract for Professional Services Professional 3/3/2011 8/1/2032 City of National City/Bureau Design / Engineering Merged - N Services Veritas North America 155 Contract for Professional Services Professional 3/3/2011 8/1/2032 City of National City/D-MAX Engineering / Stormwater Compliance Merged - N Services Engineering- 156 Contract for Professional Services Professional 3/3/2011 8/1/2032 City of National Soils & Materials Testing Merged N - Services City/Southern California - Soils & Materials Testing 157 Contract for Professional Services Professional 3/3/2011 8/1/2032 City of National City/Ninyo & Soils & Materials Testing Merged N Services Moore 160 Contract for Legal Services Legal 1/22/2008 12/31/2015 Christensen & S ath, LLP Legal Services for Housing Projects Merged 50,000 Y 161 Bonds Fees 1/1/2015 6/30/2015 Deutsche Bank/US Bank Fiscal Agent Fees Merged 150,000 N 5,0001 5,000 162 Bonds Fees 1/1/2015 6/30/2015 Bank of New York Fiscal A ant Fees Mer ed 150,000 N 5,000 5,000 oanitom (see the Lb&hs- 1 tdahmtal - war esr PorsN�t ed On or Before 6/27111 Enterprise Fund 1651 Coolidge Ave (see line 43) tlmprovemenVlnfmsV 8l14/2012 rase line 43 Construcbon (see line 43) Merged N - Maim ISIt/?032 i.. 168 Required replacement of back flow Property 12/31/2013 6/30/2014 City of National Replace back flow valve pursuant to Merged Y _ valve at Historic Depot Maintenance City/Contractor TBD. issuance of violation notice from the Water Authority 167 Contract for Legal Services Legal 12/15/2012 6/30/2015 Meyers Nave Hoffman Protect assets and obligations of Merged 50,000 N 50,000 50 000 Riback Silver & Wilson Successor Agency 1681 Reserve for Aug 2014 Bond Reserves 1/1/2014 6/30/2014 Successor Aoencv Reserve needed to make principal and IMerged - Y Payments I I irterei t rt. snts due in. Aug2614 I I I I I I I I 169 Development of Long Range Property Dispositions 2/1/2014 - 6/30/2015 iSan Diego State University Assist with preparation of Long Range 25,0001 N 25.000 25:000 PropertyManagement Plan 'Merged ^roper;' �a„a-.--, Plan 1 AdrmrmhaWaC ost Ifiousing 1 l _ testa -"nee-for N I 'Allowance IAdmm Cost I (Aavatnpment Cnmmjssmn - IHn.imnn A,nhonty n .r AR 471 I 9 171 Reserve for Aug 2015 Bond Reserves 1/1/2015 6/30/2015 Successor Agency Reserve needed to make principal and Merged - 2,000,000, N 2,000,000 2,000,000 Payments interest payments due in Aug 2015 172 Property Appraisals Property Dispositions 1/1/2015 6/30/2015 To be Determined Propery appraisals as needed Merged 50,000 N 50,000 i 50,000 pursuant to the Long Range Property Management Plan 173 1 1 N 174 1 N 175 i N N �E7 N 178 N 179L N Recognized Obligation Payment Schedule (ROPS 14-15B) - Report of Cash Balances (Report Amounts in Whole Dollars) !Pursuant to Health and Safety Code section 34177 (1), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the BOPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation. For tips on how to complete the Report of Cash Balances Form, see https://rad.dof.ca.gov/rad- sa/pdf/Cash Balance Agency Tips Sheet.pdf. A B C D E F G H I I I Fund Sources I I Bond Proceeds Reserve Balance Other RPTTF Prior ROPS Prior ROPS period balances RPTTF Bonds Issued Bonds Issued and DDR RPTTF distributed as Rent, Non-Admin on or before on or after balances reserve for Grants, and Cash Balance Information by ROPS Period 12/31/10 01/01/11 retained future period(s) Interest, Etc. Admin Comments ROPS 13-148 Actuals (01101/14 - 06/30/14) 1 Beginning Available Cash Balance (Actual 01/01/14) 30,781,178 2,245,279 50,890 2 Revenue/Income (Actual 06/30/14) RPTTF amounts should tie to the RODS 13-14B distribution from the County Auditor -Controller during January 2014 34,433 60,529 5,622,212 3 Expenditures for ROPS 13-14B Enforceable Obligations (Actual 06130/14) RPTTF amounts, H3 plus H4 should equal total reported actual expenditures in the Report of PPA, Columns L and Q 2,245,279 2,979 3,633,333 4 Retention of Available Cash Balance (Actual 06/30114) RPTTF amount retained should only include the amounts distributed for debt service reserve(s) approved in ROPS 13-14B 2,000,000 5 ROPS 13-14B RPTTF Prior Period Adjustment RPTTF amount should tie to the self -reported ROPS 13-14B PPA in the No entry red ry required q Report of PPA, Column S 318 735 6 Ending Actual Available Cash Balance C to G = (1 + 2 - 3 - 4), H = (1 + 2 - 3 - 4 - 5) 1 30,815,611 108,440 (329,856 ROPE 14-15A Estimate 07/01/14-12/31/14) 7 Beginning Available Cash Balance (Actual 07101114) I i I C,D,E,G-4+6,F-H4+F4+F6,and H=5+6) I I 30,815,611 I 2,000,000 108,440 11,121) 8 Revenue/Income (Estimate 12/31/14) f I I I I I RPTTF amounts should tie to the ROPS 14-15A distribution from the County Auditor -Controller during June 2014 60,000 7,986,156 9 Expenditures for ROPS 14-15A Enforceable Obligations (Estimate 12/31/14) 14,957,000 2,000,000 60,000 7,149,038 10 Retention of Available Cash Balance (Estimate 12131/14) I RPTTF amount retained should only include the amount distributed for debt service reserve(s) approved in BOPS 14-15A 11 Ending Estimated Available Cash Balance (7 + 8 - 9 -10) 15,858,611 108,440 825,997 Recognized Obligation Payment Schedule (ROPS 14-15B) - Report of Prior Period Adjustments Reported for the ROPS 13-148 (January 1, 2014 through June 30, 2014) Period Pursuant to Health and Safety Code (HSC) section 34186 (a) (Report Amounts in Whole Dollars) ROPS 13-14B Successor Agency (SA) Self -reported Prior Period Adjustments (PPA): Pursuant to HSC Section 34186 (a), SAs are required to report the differences between their actual available funding and their actual ezpendWres for the ROPS 13-14B (January through June 2014) period. The amount of Redevelopment Property Tax Trust Fund (RPTTF) approved for the ROPS 14158 (January through June 2015) period wif be effse! by the SA's self -reported ROPS 13-14B pro pened adjustment, HSC Section 34186 (a) also specifies that the prior period adjustments self -reported by SAs are subject to audit by the county auditors ntmller (CAC) and the State Controller. A b i C D I E F G H I J K L M N O P Q R S T Non-RPTTF Expenditures RPTTF Expenditures Net SA Nan -Adman and Adman PPA (Amount Used to I I I I Offset ROPS 14-15B I ! Bond Proceeds Rese: 's Balance Other Funds r on -Adman I Admin r Requested RPTTF) Available Available Difference RPTTF RPTTF (if total actual (ROPS 13-14B Difference (ROPS 13-14B exceeds total distributed + all offer Net Lesser of (If K Is less than L, distributed + all other Net Lesser of authorized, the Project Name I Debt available as of Authorized I the difference is available as of Authorized / total difference is Net Difference Item# Obligation Authorized Actual Authorized Actual Authorized 'Actual Authorized 01/1114) Available Actual zero) Authorized 01/1/14) Available Actual zero) (M-R) SA Comments $ 14,957,000 $ - $ 4,063,275 $ 2,245,279 $ 60,000 $ 2,979 $ 7.107.938 $ 5,574,637 $ 5,574,637 $ 5,255.902 $ 318,736 $ 377431 $ 377,431 $ 377.431 $ 377,431 $ - $ 316,736 1 1999 Tax Allocation Bond - 90,463 90,463 90.463 90.463 2 2004 Te, Allocatim Bond - 88,170 88,170 88,170 88.170 3 2005 Tax Allocation Bond - 395,464 395,464 395.464 395,464 4 2011 Tax Allocation Bond - 1,271,141 1,271,141 '1,271,141 1,271,141 5 WI-TOD(DDA/Co- Op/Bond Docs/Other Grants) 2,606,117 1,411.685 6 WI-TOD(DDA/Co- OMBord Does/Other Grants) 4.979,425 - 1.457,158 833,594. 801,247, 801,242 801242 801.242 7 WI-TOD(DDA/Co- Op/Bond Dora/Other Grants) 9,977,575 _ 8 WI-TOD(DDA/Ca OpiBond Docs/Other Grants 9 WI-TOD(DDA/Cc- OWBond Docs/Other Grants 10 WI-TOD(DDA/Co- Op/Bond Dos/Other Grants 11 WI-TOD(DDA/Co- Op/Bond DocslOther Grants 12 WI-TOD(DDArCo- Op/Bond Does/Other Grants)_ 13 WI-TOO(DDA/CZ OpfBorrd Dorm/Other Grams. t 14 WI-TOO(DDA/Co- Op/Bond Docs/Other Grants)_ 15 WI-TOO(DDPJCo- - Op/BoM Docs/Other - Grants 16 WI-TODMDA/Co- IOp Bond DocslOther I I I I I I I ) Gmms _ 17 WI-TOD(DDA/Co- na OptooOccwOther l I I I I I I Grams I 1 I 18 WI-TOD (ODA/Co- I ! Op/Bond Docs/Other I I IGrards` 19 SR54 and Natroml City Blvd Infrastructure Improvements 20 8th St Smart Growth Revitalization (Co-0WBond Docs/Grants 22 8th St Smart Growth covrtaizahon (Co-Op/Bond IDocs/Grants 23 811h St Smari Growth Revitalization (Co-Op/Bond I I Does/Greens 24 81h St Smari Growth Revitalization (Co-Op/Bond D=/Gmns Recognlmd Obligation Payment Schedule (ROPS 14-15B) - Report of Prior Period Adjustments Reported for the ROPS 13-14B (January 1, 2014 through June 30, 2014) Period Pursuant to Health and Safety Code (HSC) section 34186 (a) (Report Amounts in Whole Dollars) ROPS 13.14B Successor Agency (SA) Self -reported Prior Period Adjustments (PPA); pursuant to HSC Section 34186 (a), SAs are required to report the differences between their actual available funding and their actual expenditures for the ROPS 13-14B (January through June 2014) period. The amount of Redevelopment Property Tax Trust Fund (RPTTF) approved for the ROPS 19 ^.59 (January through June 20. _) period will be offset by the 9A'e self- reported ROPS 1314B prior perind adjustment. HSC Section 34188 (a) also speohes that the poor period adjustments self -reported by SAs are suujeci to audit by the county auditor -controller (CAC) and the State Controller. A B I C D E F I G H I J K L Is N O P O R S T Non-RPTTF Expenditures 6R RPTTF Expenditures Met SA Non-Admin l (Amount Used to ! ( I I C Offset ROPS 14-i5B r Bond Proceeds Reserve Balance Other Funds Non -Admix Admin ! Requested RPTTF) t Available Available Difference RPTTF RPTTF (If total actual (ROPS 13-14B Difference (ROPS 13-14B exceeds total distributed + all other Net Lesser of (If K is less than L, distributed + all other Net Lesser of authorized, the Project Name / Debt available as of Authorized I the difference is available as of Authorized / total difference Is Net Difference Item# Obligation Authorized Actual Authorized Actual Authorized Actual Authorized 01/1/14) Available Actual zero) Authorized 01/1/14) Available Actual zero) (M+R) SA Comments $ 14,957,000 $ - $ 4.063.275 $ 2.245.278 Y 60,000 S 2,979 $ 7107,938 $ 6,574637 $ 5574,637 $ 5,255,902 $ 318,735 $ 377,431 $ 377,431 $ 377,431 $ 377,431 $ - $ 318,735 25 8th St Smart Growth ReWalwAnn (Co-Op/Bond DOcs/Grants 26 8th St Safety Enhancements (Co- O ond Docs/Grents 27 8th St Safety Enhancements (Co- Op/Bond DOcs/Grarns 28 8th St Safety Enhancements (Co- O Bond Dors/Grants 29 8th St Safety Enhancements (Co- Op/Bond Docs/Grants 30 8th St Safety Enhancements (Co- Op/Bond Docs/Grams 31 Highland Ave Safety Enhancements Co- Op/Bond Docs/Grents 32 Highland Ave Safety Enhancements (Co- lOpfBond Docs/Grants 33 Highland Ave Safety Enhancements (Co- Op/Bond Does/Grants 34 Highland Ave Safety Enhancements (Co- Op/Bond Does/Grants r 35 7hghland Ave Safety Enhancements (Co. OplBord Dacs/Grants) 36 D Ave Community Condor _ / Roundabout (CO-OP/Bond Docs/Grara 37 D Ave Community Corridor / Roundabout (Go-Op/Bond Oucs/Granus) t 33 D Ave Community Candor i Roundabout (Co-OWBond, Docs/Grants I 39 DAve COmmaety Comdor I I C I/ Roundabout (Co-Op/Bond Oocs/Grants)._. 40 D Ave Community Corridor I _ / Roundabout(Co-Op/Bond Docs/Grants)_ 41 Coolidge Ave Community Corridor (Co-OpBond Des/Greets)I _ 42 Coolidge Ave Community Candor (Co-Op/Bond DOcs/Grants 43 Coolidge Ave Community _ Corr -do, (Co- v9ord Docs/Grarts/Coretruction Agreement 44 Coolidge Ave Community Comdor Cc-Op/Bond DOcs/Grents Recognized Obligation Payment Schedule (BOPS 14-15B) - Report of Prior Period Adjustments Reported for the ROPS 13-14B (January 1, 2014 through June 30, 2014) Period Pursuant to Health and Safety Code (HSC) section 34186 (a) (Report Amounts in Whole Dollars) ROPS 13-14B Successor Agency (SA) Self -reported Prior Period Adjustments (PPA): Pursuant to HSC Section 34186 (a), SAS are required to reportft differences between their actual available funding and their actual mpenditum for the ROPS 13-14B (January, through June 2014) period. The amount of Redevelopment Property Tan Trust Fund (RPTTF) approved for the ROPSI 1415E (January through Jura 2015) period will be offset by the SA's seY-reported ROPS 13-143 prior period adjustment. HSC Section 34186 (a) also specifies that the prior period adjustments sett -reported by SAs areI subject to audit by the county auditor -controller (CAC) and the State Controller. A B C D F G H I J K L M N O r p---- _ R -g T_ 7 Non-RPTTF Expenditures RPTTF Expenditures Hat SA Non-Admin and Admin PPA (Amount Used to I I I ! I Offset ROPS 14-15B I I r Bond Proceeds Reserve Balance Other Funds Non-Admin Admin Requested RPTTF) Available _ Available Difference RPTTF RPTTF (If total actual (ROPS 13-14B Difference (ROPS 13-14B exceeds total distributed + all other Net Lesser of (If K Is Ins than L, distributed + all other Net Lesser of authorized, the Project Name / Debt available as of Authorized / the difference Is available as of Authorized / total difference Is Net Difference Item# Obligation Authorized Actual Authorized Actual Authorized Actual Authorized 01/l/14) Available Actual zero) Authorized 01/1/14) Available Actual zero) (Nl SA Comments $ 14.957000 $ - $ 4,063,275 $ 2.245,279 $ 60,000 $ 2,979 $ 7,107,938 $ 5,574,637 $ 5,574637 $ 5,255902 $ 318,735 $ 377.431 $ 377,431 $ 377,431 $ 377,431 $ - $ 318,735 45 Coolidge Ave Community Candor tCo-Op/Bond -. Docs/Grams _ 47 4th St Community Corridor (Co-Op/Bond Docs/Grams 48 4th St Community Corridor (Co-Opfflord Docs/Gruft _ 49 41h St Commumy Garrido Co-O Bond DoWGmnts _ 51 Las Palmas Park Improvements (Co- OplBond Dom 52 Las Palmas Park - Improvements (Co- Op/Bond Dow 53 Las Palmas Park Improvements (Co- Op/Bond Docs 54 Las Palmas Park Improvements (Co- OplBond Doos 55 Las Palmas Park Improvements (Co- O Bond Des 56 Line left blankby SA 57 YMCA Pledge Agreement/Challenge Gram - Las Palmas Park Improvements I_ 58 Kimball Park —""'— Imorovemems(Co- Op/Bond Doos)_ 59 Kimball Park Improvements (Co- Op/Bond Docs 60 Kimball Park - improvements (Co- O BoM Does l 61 Mmoan Park improvements (Co- O Bard Dew 62 oat Park WP improvements (Co- ( OP/Bond Dons) 63 Aquatic Center (Co- Op/Bond Dots) 64 Aquatic Center (Co- 0 Bond Des 65 Aquatic Center (Go- OP/Bond Des Fib Aquatic Center (Co- OP/Bond Docs 67 Aquatic Center (Co- Op/Bond Doss)- i 68 Granger Hail and Property Co-0 69 Street Resufzcs(Co-op) 70 Concrete improvements I _ Co-0 71 Traffic Signal Timing (Co- O i Recognized Obligation Payment Schedule (ROPS 14-1513) - Report of Prior Period Adjustments Reported for the ROPS 13-14B (January 1, 2014 through June 30, 2014) Period Pursuant to Health and Safety Code (HSC) section 34186 (a) (Report Amounts in Whole Dollars) 6ROPS 13-14B Successor Agency (SA) Self -reported Prior Period Adjustments (PPA): Pursuant to HSC Section 34186 (a), SAs are required to repot the differences between their actual available funding and their actual expenditures for the ROPS 13-14B (January through June 2014) period. The amount of Redevelopment Property Tax Trust Fund (RPTTF) approved far the ROPS 14-15B (January through June 2015) period will be offset by the SA's self -reported ROPS 13-11B prior peded adustment. HSC SccBon 34186 (a) also specifies that the prior period adjustments self -reported by SAs are subject to audit by the county auditor -controller (CAC) and the State Controller. A B C u E F G H I J K L M N I O P O r R S T Non-RPTTF Expenditures R RPTTF Expenditures ! Not SA Non -Adman I I I and Admin PPA II I ! ! ! I n(Amount ff e1 R PRa1&1ed 5R I I rlonn Vrnr-.«eels I Reserve Balance Other Funds Non-Admlr I Admin I Requested RPTTF) ! I Available Available Difference RPTTF RPTTF (If total actual CROPS 13-14B Difference (ROPS 13-14B exceeds total distributed + all other Net Lesser of (If K is less than L. distributed + all other Net Lesser of authorized, the Project Name I Debt available as of Authorized / the difference Ia available as of Authorized I total difference is Net Difference Item # Obligation Authorizetl Actual Authorized Actual Authorized Actual Authorized 0111114) Available Actual zero) Authorized 0111114) Available Actual zero) (M+R) SA Comments $ 14,957000 $ - $ 4,063275 $ 2,245.279 $ 60,000 $ 2,979 i 7.107.938 $ 5,574,637 $ 5574,637 $ 5255,902 $ 318,735 $ 377.431 $ 377,431 $ 377,431 $ 377.431 $ - $ 318.736 72 Plaza Blvd Widening (Co- 0 73 Traffic Mormon Co-O 74 Drainage Improvements (Co -OP) 75 Senior Villa a(co-op)_ 76 Pacific Steel Co-0 _ 77 Kimball Way Creek Improvements (Co -Op) 78 B-1 Site Development (Co- O 79 Storefront Renovation Pro rem Co-0 80 Paradise Creek Enhancement Co-0 81 RHNA, Housing Element and other housing mandates 84 Loanfrom CaIREUse _ 85 Loan Agr%mentwdh JPFA 86 Loan from Sewer Fund - - - - - - 87 Personnel and Admin - Costs 60,000 2979 , 88 Legal Services for Successor Agency - - - 89 Legal Services far Oversight Board _ 90 1 Accountin Audn Support _ 91 Carry over for unfurled "-- obligations - 1,898,158 364,857 WA.857 364,857 92 Reserve for Aug 2013 Bond Payments _ 93 Replenish Reserves/Fund Balances from True Up Pa end _ 94 Las Palmas Park Improvemen5(Co, I Op/Bond Docs/Purchase 95 Kimball Park I Improvements (Co- i O Bond Docs/Purchase I 96 Pass thro payments _- 99 I CVAO vs CDC - Amount lonAppeal 100 1 Legal Settlement- 101 General Property Management - - 40,000 1 40,000 40.000 40,000 4000g 102 Kimball House Maintenance Agreement i - 5,000 5,0001 5.000 398 4,602 4,602 103 Trash Service for CDC properties - 900 900 900 T72 128 128 104 Landscape Services for CDC Properties - 6.000 6,000 6,000 2,163 3.837 J,837 105 Powerfq*Tempc ary eehc Center - - 3,000 3,000 3 000 1.560 1.440 44U 106 Powar kr CDC pro des - - 3.000 3,000 3.000 1,536 1,484 1,464 107 Security COrlbact for Old Libra - --�— - -------- - -- 400 - 400 400 400 400 108 Water Service for CDC propert - 4,000 4.000 4.000 3,133 867 867 Recognized Obligation Payment Schedule (BOPS 14-158) - Report of Prior Period Adjustments Reported for the ROPS 13-14B (January 1, 2014 through June 30, 2014) Period Pursuant to Health and Safety Code (HSC) section 34186 (a) (Report Amounts in Whole Dollars ROPS 13-14B Successor Agency ($A) Self -reported Prior Period Adjustments (PPA): Pursuant to HSC Section 34186 (a), SAs are required to report the differences between their actual available funding and their actual expenditures for the ROPS 13-14B (January through June 2014) period. The amount of Redevelopment Property Tax Trust Fund (RPTTF) approved for the ROPS 14-15B (January through June 2075) pedal will be offset by the SAs sent-reponed POPS 78-746 poor period adjustment. H5C Bccticn 34186 (a) also apecifies that the prior period adjustmems sell -reported by SAs are subject to audit by the county auditor-con[roller (CAC) and the State Controller. ) I A B C U S F G H -� P-- _- I I K I L M N O R S T Non-RPTTF Expenditures RPTTF Expenditures Net SA Non-Admin I I I I I and Admin PPA (Amount Used to I I ! I ( I Offset ROPS 14-15B I tlnm ProrsAns R?carve Balance I -- Other Funds Non-Admin I I Admin [ Requested RPTTF, I Available Available Difference RPTTF RPTTF (If total actual (BOPS 13-14B Difference (ROP513-14B exceeds total distributed + all other Net Lesser of (If K is less than L, distributed + all other Net Lesser of authorized, the Item# Project Name / Debt Obligation_ Authorized Actual Authorized Actual Authorized Actual available as of Authorized I the difference is available as of Authorized / total difference is No Difference Authorized 01/1/14) Available Actual zero) Authorized 0111/14) Available Actual zero) (M+R) SA Comments $ 14957,D00 $ - $ 4063.275 $ 2,245,279 $ 60,000 $ 2.979 $ 7.107.938 $ 5,574,637 $ 5,574.637 $ 5,255,902 $ 318.735 $ 377.431 $ 377,431 $ 377,431 $ 377,431 $ - $ 318,735 109 SecurM Fence for Palm Plan 1.000 1.000 1,000 1,000 1,000 11D Enwronmemai Monsonrig for CDC Properties - 6.000 6,0D0 6000 213 5,787 5,787 Ill Envsnmental Mordonng for CDC Prorhea 33,000 33,000 33,000 5.893 27,107 27107 123 a AtlmmEx antes . , , - 15.000 15.000 124 Agency Admin Expenses - 15.000 15,0D0 15.000 - 15,000 15,000 125 AgencyAdmin erses Contract for Financial i5,00D 15,000 15,000 - 15,0D0 15,000 126 Areal Is _ _ 127 Contract for Financial - Arel Is _ 128 Contract for Financial - 1 Analysis 10,D00 10,000 10,000 7,95D 2,050 - 2,050 129 Joint Planet Obligation _ _ 130 Contractfor Environmental Services 132 Association Membership- 133 Association Membership- 134 Contract for Financial Software 135 Awmcy Admin Expenses _ _ - 136 AmencvAdmin Fxcomes _ _ - 137 Agency Admin Expenses _ _ - 138 Contract for Enterprise Zone Administration and Wriumnu 13S Public Noticing Requirements 140 Contract for Tlamlabon i I - Sewices ___ - 144 Contract for Le al Services - - - 30.000 30,000 30,000 21,319 8,381 8681 146 Contract for Least Services - - - 50,000 50.000 50,000 36,391 13,609 147 Contract for al Services - - - 75,000 75,000 75.000 24,731 50,269 13,609 13,609 148 Contract for al Services - - 96,000 96.000 96.000 90,659 5.347 150 Contract for al Services - - 75,000 75.000 75,000 26,960 48,040 5269 151 Contract for Professional 48041 Services - 152 Contract for Professsxai - '- Services 'I53 Contract for Professlorlal Seoncea l 154 Contract for Professional I I I I I Services - 155 Contract for Professional Services 156 CorrtractfoT Professional Services 157 Contract for Professional Servx:es - 158 Pubic Noticing 12e uirements - 159 Agency Admin Expenses 160 1 Contract 10; Local Services - - 40,000 40,000 40,D00 - 40,000 40. 161 , Bonds - 2,000 2,000 2.000 2.000 162 Bonds 1- - 8,000 8,000 8,000 1,590 6,410 6,410 163 Bank Service Cha es _ _ 164 Loan from Sewer Fund see tine 86 _ 185 COOla1 a Ave see lane 43 Recognized Obligation Payment Schedule (ROPS 14-1, 5B) - Report of Prior Period Adjustments Reported for the ROPS 13-14B (January 1, 2014 through June 30, 2014) Period Pursuant to. Health and Safety Code (HSC) section 34186 (a) (Report Amounts in Whole Dollars) ROPS 13-14B Successor Agency (SA) Self -reported Prior Period Adjustments (PPA): Pursuant to HSC Section 34186 (a), SAs are required to report the differences between their actual available funding and their actual expenditures far the RODS 13414B (January through June 2014) period. The amount of Redevelopment Property Tax Trust Fund (RPTTF) approved for the ROPS 14-15B (January through June 2015) period will be offset by the SA's self-Mperied RODS 1314E prior perod adjustment. HSC Sccion 3418E (a) also specifies that me prior period adjustments self -reported by SAs are subject to audit by the cuunty auditor-oontrolier (GAC) and the State Controller. A B c D E I F O H _ I J K L M N O P Q R S T Non-RPTTF Expenditures RPTTF Expenditures Brno P.nre?ds i Reserve Balance Other Funds r Non-Admin Admin HM SA Non -Admix and fAmorUsed to Offset ROPS 14-15B Requested RPTTF) ! Ito Project Name I Debt Obligation Authorized Actual Authorized I Actual Authorized Actual Authorized Available RPTTF (ROPS 13-14B distributed +all other available as of 01/1114) Net Lesser of Authorized / Available Actual Difference (If K is less than L, the difference is zero) Authorized Available RPTTF (ROPS 13-14B distributed + all other avaiable as of 0111114) Net Lesser of Authorized f Available Actual Difference (If total actual exceeds total authorized, the total difference Is zero) Net Difference (M+R) SA Comments 186 Required replacement of back flow valve at Hetonc Depot $ 14957000 $ - $ 4,063,275 $ 2.245.279 $ 60,000 $ 2,979 $ 7,107.938 $ 5,574637 $ 6574,637 $ 5.255,902 $ 318.735 $ 377431 $ 377,431 $ 377,431 $ 377,431 $ - $ 318,735 167 168 Contract for Legal Sen+ices Reserve for Aug 2014 Bond Payments - - . - - - 30,000 2,000.000 30,000 2,000.000 30,000 2,000,000 17,297 2.000,000 12,703 12,703 - — ----—� Recognized Obligation Payment Schedule (ROPS 14-1513) - Notes January 1, 2015 through June 30, 2015 Item # Notes/Comments 6 Bond proceeds and RPTTF for this item are expected to be spent during ROPS 14-15A, but are carried over in the event of delays. ? Bond proceeds for this item are expected to be spent during ROPE 14-15A, but are carried over in the event of delays. 8 The use of bond proceeds is requested for this item in anticipation that AB 2493 will be enacted and in effect for this ROPS period. The combination of bond and RPTTF funding is the estimated cost to the Successor Agency for Phase II of the WI-TOD housing project. The DDA for the project provides for up to $14.9 million for Phase II. 23 The use of bond proceeds is requested for this item in anticipation that AB 2493 will be enacted prior to Oversight Board action on this ROPS. 65 The use of bond proceeds is requested for this item in anticipation that AB 2493 will be enacted prior to Oversight Board action on this ROPS. s w i I G E V - I f