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Home My WebLink About1998 01-13 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY — JANUARY 13, 1998 - 6:00 P.M. OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO KNOW THAT WE APPRECIATE YOUR INVOLVEMENT. ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG BY CITY MANAGER, TOM G. MCCABE INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF DECEMBER 16, 1997 INTERVIEWS/APPOINTMENTS Vice Mayor Appointment — Ralph Inzunza Civil Service Commission — Appointments Traffic Safety Committee - Appointments • i COUNCIL AGENDA 1/13/98 PAGE 2 PUBLIC HEARINGS 1. Public Hearing — Modification of approved conditions on Conditional Use Permit 1994-14 for a church at 330 National City Boulevard, including occupancy levels and parking lot improvements. (City Initiated) (Case File No. M2-CUP-1994-14) (Planning) CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. ,/ 2. Resolution No. 98-1 A Resolution of the City Council of the City of National City adopting a Policy for the permitting procedures and usage of the National City Boulevard banner poles. (Engineering) Resolution No. 98-2 A Resolution of the City Council of the City of National City authorizing the City Engineer to install a disabled person's parking space at 126 West 12th Street. (Engineering) „/ 4. Resolution No. 98-3 A Resolution of the City Council of the City of National City declaring Dixon Ford the lowest responsive, responsible bidder and authorizing the Purchasing Agent to execute an agreement for the purchase of black & white Police vehicles. (Purchasing) 5. Resolution No. 98-4 A Resolution of the City Council of the City of National City authorizing the City Engineer to paint red curbs at 2940 National City Boulevard. (Engineering) COUNCIL AGENDA • • • 1/13/98 PAGE 3 CONSENT CALENDAR (cont.) WARRANT REGISTER NO. 25 (Finance) Ratification of Demands in the amount of $345,873.47 7. WARRANT REGISTER NO. 26 (Finance) Ratification of Demands in the amount of $276,296.93 Certification of Payroll in the amount of $1,012,374.66 OLD BUSINESS 8. Voluntary Campaign Expenditure Limits Under Proposition 208. (City Attorney) NEW BUSINESS 9. Draft letter regarding a proposed car wash, service station and associated grading at the northeast corner of Sweetwater Road and Euclid Avenue. (Planning) - CITY MANAGER -+ CITY ATTORNEY OTHER STAFF • COUNCIL AGENDA 1/13/98 PAGE 4 NEW BUSINESS (cont.) —> MAYOR -* CITY COUNCIL 10. Consideration of support for having the transit development boards represented on the SANDAG Board. (Vice Mayor Beauchamp) 11. SANDAG Update. (Councilwoman Zarate) PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION — Government Code Section 54956.9(a). Herb Fox, et al. v. County of San Diego, et al; County of San Diego v. City of National City and Community Development Commission of the City of National City; City of National City, Community Development Commission of the City of National City v. State Water Resources Control Board, et al. ADJOURNMENT Next Regular City Council Meeting — January 20, 1998 - 3:00 p.m. - Council Chambers, Civic Center TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE AND TO LISTEN TO IN THE CITY CLERK'S OFFICE Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4230 George H. Waters - Mayor DECEMBER 18, 1997 TO: COUNCILMEMBERS FROM: MAYOR WATERS SUBJECT: VICE MAYOR Please be advised that Councilman Ralph Inzunza will be recommended for appointment to serve as the Vice Mayor from January 13, 1998 to November 10, 1998. This item will be placed on the Council Agenda for the meeting of January 13, 1998. • 4011RTH. WATERS MAYOR GHW:nu • ® Recv ed Paper • i Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4230 George H. Waters - Mayor DECEMBER 15, 1997 TO: COUNCILMEMBERS FROM: MAYOR WATERS SUBJECT: CIVIL SERVICE COMMISSION Please be advised that FRANK PEKAREK has expressed an interest to be considered for the above -subject committee. Currently there are two vacancies on the Civil Service Commission. Mr. Pekarek was interviewed by the City Council on November 10, 1997. If there are no objections, I recommend we appoint Frank Pekarek to the Civil Service Commission for a full term ending September 30, 2003. This item will be placed on the Council Agenda for the meeting of January 13, 1998. GE��H WATERS MAYOR GHW:nu ® Rcc'cled Parer • • Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4230 George H. Waters - Mayor DECEMBER 18, 1997 TO: COUNCILMEMBERS FROM: MAYOR WATERS SUBJECT: CIVIL SERVICE COMMISSION Please be advised that HAROLD PAYNE has expressed an interest to be considered for the above -subject committee. Currently there are two vacancies on the Civil Service Commission. Mr. Payne was interviewed by the City Council on December 16, 1997. If there are no objections, I recommend we appoint Harold Payne to the Civil Service Commission for a full term ending September 30, 2003. This item will be placed on the Council Agenda for the meeting of January 13, 1998. GEOR E H. WATERS MAYOR GHW:nu ® Recycled Parer • Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4230 George H. Waters - Mayor DECEMBER 18, 1997 TO: COUNCILMEMBERS FROM: MAYOR WATERS SUBJECT: TRAFFIC SAFETY COMMITTEE Please be advised that LOUISE MARTIN has expressed an interest to be considered for the above -subject committee. Currently there are two vacancies on the Traffic Safety Committee. Ms. Martin was interviewed by the City Council on December 16, 1997. If there are no objections, I recommend we appoint Louise Martin to the Traffic Safety Committee for a partial term ending December 31, 1998. This item will be placed on the Council Agenda for the meeting of January 13, 1998. GEORG H. WATERS MAYOR GHW:nu ® Kcc.rled Paper • • Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4230 George H. Waters - Mayor DECEMBER 18, 1997 TO: COUNCILMEMBERS FROM: MAYOR WATERS SUBJECT: TRAFFIC SAFETY COMMITTEE Please be advised that FRED SOTO has expressed an interest to be considered for the above -subject committee. Currently there are two vacancies on the Traffic Safety Committee. Mr. Soto was interviewed by the City Council on September 2, 1997. If there are no objections, I recommend we appoint Fred Soto to the Traffic Safety Committee for a partial term ending December 31, 1998. This item will be placed on the Council Agenda for the meeting of January 13, 1998. GEOR E H. WATERS MAYOR GHW:nu ® Kec\Clod Paper SHEETING DATE City of National City, California COUNCIL AGENDA STATEMENT January 13, 1998 AGENDA ITEM NO. 1 ITEM TITLE PUBLIC HEARING — MODIFICATION OF APPROVED CONDITIONS OI4\ CONDITIONAL USE PERMIT 1994-14 FOR A CHURCH AT 330 NATIONAL CITY BOULEVARD, INCLUDING OCCUPANCY LEVELS AND PARKING LOT IMPROVEMENTS PREPARED BY CITY INITIATED DEPARTMENT FILE NO. M2-CUP-1994-14) Steve Ray Planning EXPLANATION The Council recently considered a report on compliance by the Universal Church with conditions of its approved conditional use permit. The only unmet requirement calls for parking lot improvements at 7th and Roosevelt. At the November 4 Council meeting, a Church representative indicated that attendance had declined and that there was no need for the parking lot. In response, the City Council set this public hearing to consider modification of the conditions of approval for the Church, specifically condition 7 of Council Resolution 96-143 regarding parking lot improvements. The attached letter was left with staff after the meeting, indicating that Sunday services draw no more than 100 people and average weekday attendance is 50. The CUP allows a maximum occupancy of 822 on Sundays, pursuant to condition 2 of Council Resolution 96-143 (attached). It is possible that higher attendance could recur. The City Council has the option of modifying the conditions on attendance or hours of operation in addition to deleting the parking lot requirement. Also, the CUP could be later revoked or modified if increased attendance resulted in parking problems or other adverse conditions for the area. It was also mentioned at the November 4 meeting that the Church was negotiating to terminate its lease. However, staff has been informed that this effort was unsuccessful and that the lease will not end until February 28, 2000, approximately two years from now. invironmental RjviQ.yf N/A Financial Statement N/A Account No. STA.Ef_REKQMMENDATION Staff recommends that condition 7 of City Council Resolution 96-143 be deleted. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Recommended finding 4. Planning Commission Resolution no. 1-95 2. Letter from Universal Church 5. Proposed notice of exemption 3. City Council Resolution no. 96-143 A-200 (Rev 9/80: • • • RECOMMENDED FINDING Deletion of condition 7 of City Council Resolution no. 96-143 is necessary to permit reasonable operation and use under the conditional use permit, since the proposed action will remove a requirement for parking lot improvements which are not needed due to a decline in attendance at church services. In addition, the church has indicated that it is attempting to discontinue its use of the facility authorized by the original conditional use permit, and that its current lease of the facility does not extend beyond February 2000. UN/VE,ZS19L _C'/w/ZCy CONo /TIONRL USE _ PERMIT A/o. /99S• /7 DEA2 _ 5TFVE 24y, _. TINE NQgNCE cW 4/NQIly /S /00 PEoPcE_ g/? 4ESS.`Tadu4N6I/7 _- THE 0/EF/[ Mo+vO$r- 42M i y T/3'E g77E'n/ONNc a /S AN "Qv6de 9GE.. o f SO __ _ &oPcE PE/1697vazwy Tiyp 9 iv4 10E _ i �. _AN_4v4 4 E_ "F •2s PEOPtEAEaO '._ 7/i6 is .9 &ESuc7_ oF_THE CNu,¢cy AllEArBERS Mov/NG_ .. _ 70 7fME. MAU .._CHVLA._.VSTA Cf/(I/ZcH_..Loc.Tfo.d CUNicN G4N _4cao1909re _. QPAP/lozoi,E.Tcy/ Roo ffropci ,,v _77/E__SANCTUN/IV_ Avo_ HPA'aer METLf/ .z- V&HccEs, THIS Cr12cw /N cyycq S y/V/sr9 iN...4crr/ 9. CHaRcH 5u/conVG BYO Nor 4 TflEA7/2E. TH/tN/L y/01./ Fort yowaLcoPE/L 770A1 4YD %ASS/STArvcE _ INTills M977E&.1Fyou I/AVE 4Ny Ou�sr/ow.s_A.E9SE c+9+ccME f?T/8/8J3V.?-9g89 SIACCEIZELyi 4- 4.ofzI4A1 • RESOLUTION NO. 96-143 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN APPLICATION FOR MODIFICATION OF CONDITIONAL USE PERMIT 1994-14 TO EXTEND THE HOURS OF OPERATION FOR A CHURCH AND DENYING A REQUEST TO MODIFY A CONDITION OF APPROVAL TO REMOVE ANY LINK BETWEEN PARKING COMPLAINTS AND THE CHURCH AT 330 NATIONAL CITY BOULEVARD APPLICANT: RUI MORALS, UNIVERSAL CHURCH OF CHRIST CASE FILE NO. CUP-1995-17 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application for modification of Conditional Use Permit 1994-14 to extend the hours of operation for a church and to modify a condition of approval to remove any link between parking complaints and the church at 330 National City Boulevard at the regularly scheduled City Council meetings of May 14, July 23, and August 20, 1996, at which time oral and documentary evidence was presented; and, WHEREAS. at said public hearing the City Council considered the staff report prepared for Case File Nos. CUP-1995-17 which is maintained by the City, and incorporated herein by reference; and. • WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law: and. • WHEREAS, this action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the testimony and evidence presented to the City Council at the public hearing held on May 14, July 23, and August 20, 1996, support the following findings to allow an extension of the hours of operation: 1. That such modification is necessary to protect the public interest and/or adjacent or abutting properties, since the extended hours of operation will facilitate the church's intention to provide a place of worship for members of the community. That the site for the proposed use is adequate in size and shape. since the theater is an existing facility with seating for 822 persons. which is suitable for conducting church services. That the site has sufficient access to streets and highways that arc adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use. since the site has frontage on National City Boulevard and Roosevelt Avenue. and vehicular access is provided from Roosevelt Avenue. Also. the use of the theater as a el:u.e.. will act result is uddiiionat pGdare :L'..cm eats per the Land Use Code. CONTINUE') ON P.A(11'. Resolution No. 96-143 Page 2 of 4 4. That the proposed use will not have an adverse effect upon adjacent or abutting properties since the site is surrounded by commercial development to the north. south and east, and Interstate 5 to the west. All church activities will be conducted entirely within a building. 5. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the proposed use will provide additional opportunities for worship and other religious activities for members of the congregation. BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: l . The hours of operation shall be limited as follows: Monday through Saturday 8:00 a.m. to 11:00 p.m. Sunday 8:00 a.m. to 11:00 p.m. Special Services allowed 4 times per year from 9:00 p.m. to 5:00 a.m. Worship services shall be permitted at the following times: Monday through Saturday 10:00 a.m.. 3:30 p.m., and 7:00 p.m. Sunday 7:00 a.m., 9:30 a.m., 3:30 p.m. and 6:00 p.m. 2. In the evenings, from 7:00 p.m. to 11:00 p.m.. Monday through Saturday, the occupancy shall be limited to 400 persons. During the daytime. 8:00 a.m. to 7:00 p.m., Monday through Saturday, the occupancy shall be limited to 150 persons. except for Tuesday and Friday where the occupancy shall be limited to 250 persons. Sunday occupancy shall be limited to 822 persons. 3. The church shall advise the City Manager of the dates, duration and nature of the special services referenced above at least one week prior to their occurrence. If, in the opinion of the City Manager or his designee, the special services would impose an undue burden upon adjacent streets or properties, he shall have the authority to prohibit said special services. 4. Before this Conditional Use Permit shall become effective, the applicant shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the county. The Notice of Restriction shall provide information that conditions imposed by approval of Conditional Use Permit No. 1995-17 are binding on all present and future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. CONTINi:FD ON P.\GE 3 • Resolution No. 96-143 Page 3 of 4 5. All conditions of approval set forth in Planning Commission Resolution No. 1-95 shall remain applicable and in force, unless specifically modified herein. 6. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 7. The parking lot at the northeast corner of the intersection of W. 7th Street and Roosevelt Avenue, identified as Assessor's Parcel Number 555-052-15, shall be brought into compliance with the current requirements of Section 18.58 of the National City Municipal Code. The applicant shall submit plans and obtain the requisite permits and approvals for improvement of the parking lot. 8. Bumper stickers or decals identifying the church shall be distributed and affixed to church member's cars in a visible location. 9. No parking associated with the church shall be allowed east of National City Boulevard. Church parking shall be discourged on National City Boulevard. 10. A one -hour parking area shall be established on National City Boulevard between Division Street and 5th Streets for the period of 9:00 a.m. to 8:00 p.m.. or as otherwise approved by the City Council. The expanded church hours au-',orized by this Conditional Use Permit shall not go into effect until this condition is accomplished. 11. Uniformed security personnel shall be present on -site during church services and one-half hour before and one-half hour after services. 12. The issue of truck parking on Roosevelt Avenue shall be studied. 13. The church shall encourage its members to use the existing doorway on the west side of the building for entry and exit purposes. 14. The City Council shall conduct a review of this Conditional Use Permit in 12 months to determine if the church has been in compliance with the conditions of approval. BE IT FURTHER RESOLVED by the City Council of the City of National City. California, that the testimony and evidence presented to the City Council at the public hearings held on May 14. July 23 and August 20. 1996 fail to support a finding. required by the Municipal Code for modifying any conditional use permit. that the proposed modification of condition of approval no. 11 of Planning Commission Resolution No. 1-95 is necessary to protect the public interest and. or adjacent or abutting properties. CO\ I''\! FL) ON P.aGE 4 Resolution No. 96-143 Page 4 of 4 BE IT FURTHER RESOLVED by the City Council of the City of National City, California. that the testimony and evidence presented to the City Council at the public hearings held on May 14, July 23, and August 20. 1996 support the following finding: 1. That such modification is not necessary to protect the public interest and/or adjacent or abutting properties, since modification of condition of approval no. 11, Planning commission Resolution No. 1-95. is not in the public interest in that it will result in the church not being held accountable for the traffic and parking congestion related to the church's activities, and would remove any authority the Planning Commission has to revoke the Conditional Use Permit based on substantiated complaints regarding parking problems. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby denies the applicant's request to modify condition of approval no. 11, Planning Commission Resolution No. 1- 95, to remove the linkage between substantiated complaints regarding parking in the neighborhood attributable to the church and the Conditional Use Permit authorizing the use of the theater for church services. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant: and. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 3rd day of September,1996. p /1 WATERS, MAYOR ATTEST: '.JL.% 1,L - ✓� mil/ L R� ANNE PEOPLES. CITiY CLERK APPROVED AS TO FORM: GEORGE 11. EISFR . III -CITY ATTORNEY • • RESOLUTION 1-95 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A CHURCH WITHIN AN EXISTING THEATER AT 330 NATIONAL CITY BOULEVARD. APPLICANT: JUAN JOSE TORRES CASE FILE NO. CUP-1994-14 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application to allow a church within an existing theater at 330 National City Boulevard at the regularly scheduled Planning Commission meeting on January 9, 1995, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-1994-14, which is maintained by the City and incorporated herein by reference; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on January 9, 1995, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the theater is an existing facility with seating for 822 persons, which is suitable for conducting church services. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the site has frontage on National City Boulevard and Roosevelt Avenue, and vehicular access is provided from Roosevelt Avenue. Also, use of the theater as a church will not result in additional parking requirements per the Land Use Code. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the site is surrounded by commercial development to the north, south and east, and Interstate 5 to the west. All church activities will be conducted entirely within a building. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the proposed use will provide a place of worship for members of the congregation. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. Exiting shall be in accordance with the California Building Code. 2. All ADA (Americans with Disabilities Act) requirements shall be provided in accordance with State law. 3. The occupant load in the auditorium shall be 822 people. Occupant loads shall be in accordance with the California Building Code. 4. Fire extinguishers with a minimum 2A:10BC rating shall be provided (one for each 3,000 sq.ft. of floor area, spaced at a maximum 75 ft. intervals). 5. A full fire alarm system shall be provided in accordance with the California Fire and Building Codes. Plans shall be submitted to the Fire Department by a qualified and licensed fire alarm contractor. 6. Fire lanes shall be provided as designated by the Fire Department. 7. The deteriorated portions of the existing curb and gutter along the entire theater frontage on National City Boulevard and the curbing on Roosevelt Avenue frontage shall be replaced with a new 6 inch type "G" curb and gutter. This shall include the removal of the asphalt pavement for curb and gutter construction at both locations as per National City Standard Drawing 119- S.B. The reconstruction of the curb and gutter on National City Boulevard will require replacement of the sidewalk underdrains. 8. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. 9. A performance bond for all public right-of-way improvements noted herein shall be posted prior to the approval of any permits. 10. Church activities shall be limited to worship services at 9:00 a.m., 3:00 p.m. and 6:00 p.m. on Sundays and church meetings, including prayer meetings and counseling, between 8:00 ant and 5:00 p.m., Monday through Saturday. 11. If substantiated complaints are received from nearby properties regarding noise, illegal parking or other disturbances, Planning Commission may initiate proceedings for revocation of this permit. Such revocation shall occur if it is determined that the use is operating in a manner contrary to conditions of approval or is resulting in noise or other disturbances impacting nearby properties. 12. Sismage shall be limited to area on the marquee. No other sisms advertising the church or church activities, including freestanding, wall or rooftop signs, shall be permitted. • • • 13. Theater activities not related to the church, including showing of movies and live entertainment, shall be prohibited during church activities. 14. Before this Conditional Use Permit shall become effective, the applicant shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of Conditional Use Permit-1994-14 are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 15. Use of the property as authorized by this Conditional Use Permit shall be limited to a church. 16. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5.00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of February 6, 1995, by the following vote: AYES: MARTINELLI, FLORES, LARGE, KNUTSON, BACA, GODSHALK, DETZER NAYS: ABSENT: ABSTAIN: IL( k‘,‘-‘ CHAIRMAN City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: Modification of Conditional Use Permit M2-CUP-1994-14 Project Location: 330 National City Boulevard Contact Person: Steve Ray Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Modification of approved conditions on conditional use permit 1994-14 for a church at 330 National City Boulevard, including occupancy levels and parking lot improvements Applicant: City initiated Phone: (619) 336-4310 Exempt Status: ❑ Statutory Exemption. State type and Section No. ® Categorical Exemption. State type and Section No.: Class 1, Existing Facilities, Section 15301 ❑ Not a project as defined in Section 15378 of CEQA ® Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: Conditional use permit 1994-14 authorized a church to occupy an existing structure. The proposed modification will not result in any expansion of the existing, approved use nor in any significant effects on the environment. A previous modification of this permit in 1996 required the parking lot improvements which have not been completed and are not now determined necessary due to decreased attendance at church services. Date: Signature Title 3 Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT January 13, 1998 2 410NMETING DATE AGENDA ITEM NO. �ITEu TIT A RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY 0_ EiNG A POLICY FOR THE PERMITTING PROCEDURES AND USAGE OF THE NATIONAL CITY BOULEVARD, BANNER POLES PREPARED BY Dino Serafini PARTMENT Engineering EXPLANATION. It was requested of the Engineering Department to draft a policy statement that establishes an application procedure and usage guidelines for banners to be displayed on the two banner poles on National City Boulevard at 18th Street and 30th Street. The attached policy statement describes the permit process, acceptable message content, banner specifications, and the scheduling procedure. In summary, the policy, as drafted, requires 10 days notice to use the poles for up to 45 days; requires installation by the Public Works Department or their installer; the message and banner construction are subject to City Engineer's approval; all costs for permitting and banner erection shall be borne by the applicant. Liability and insurance requirements would be comparable to those imposed by the City's encroachment permitting procedures. Environmental Revhiuff X N/A Financial Statement The banner program will be entirely fee supported. Account No STAFF. REC MMENDATI • N - ✓ ' Approve the Reso t •.+meting th Banner Policy. BOARD/COMMISSION RECOMMENDATION The Draft Policy has been routed to City Departments and CDC for comment. ATTACHMENT (Listed Below) Resolution No 98-1 1. Resolution 2. Draft National City Boulevard Banner Policy banner A•200 (4e. a/80' • • w RESOLUTION NO. 98-1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING A POLICY FOR i'HL PERMITTING PROCEDURES AND USAGE OF i'HL NATIONAL CITY BOULEVARD BANNER POLES WHEREAS, the City Council requested the Engineering Department to draft a policy statement that established an application procedure and usage guidelines for banners to be displayed on the two banner poles on National City Boulevard at 18" Street and 30th Street; and WHEREAS, the draft policy has been reviewed by City departments and the Community Development Commission of the City of National City; and WHEREAS, the policy statement describes the permit process, acceptable message content, banner specifications, and the scheduling procedure. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Council hereby adopts a new policy to be included in the City Council Policy Manual for the permitting procedures and usage of the National City Boulevard banner poles, entitled "National City Boulevard, Mile of Cars Banner Policy." PASSED and ADOPTED this 13' day of January, 1998. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: City Attorney George H. Waters, Mayor CITY COUNCIL POLICY TITLE: NATIONAL CITY BOULEVARD, MILE OF CARS BANNER POLICY POLICY NUMBER: ADOPTED: AMENDED OR REVISED: PURPOSE The purpose of this policy statement is to establish the availability and the manner of use of the two sets of banner poles. on National City Boulvard at 1 Sth Street and 30th Street. INTENT The banner poles are intended to support banners that announce events or display messages of community -wide interest and significance. Banners will not be installed that advertise or otherwise promote religious, partisan political, or commercial activities. The use of the poles shall be allocated to recognized groups on a first come -first served basis, following a reservation system administered by the Engineering Department. Banners which meet the minimum specifications provided herein shall be fabricated by the sponsoring group and be installed only by the Public Works Department or their installer. PERMIT REQUIREMENTS An organization, civic association or other community group desiring to use the poles to erect a banner shall submit a permit application to the Engineering Department on a form provided at least ten (10) working. days prior to the first requested day of display . The application shall include: 1) the name of the sponsoring organization; 2) the name, phone number and address of an individual representing the organization who is responsible for the banner; and 3) the requested installation and removal dates. within the maximum duration interval specified below. A non- refundable permit filing fee shall accompany the application. The application shall also describe the general dimensions and characteristics of the banner in reference to the Specifications Section of this Policy and shall indicate the wording of the message the banner will display. A photo or illustration may be submitted to supplement a written description. The City Engineer shall review the application and issue a permit to install the banners) for the period indicated, if a finding is made that all of the specific provisions. as well as the intent. of this Policy are satisfied. A service charge to cover the cost of erecting and removing the banner by the Public Works Department shall be paid by the applicant, whereupon a work order will be issued to the Public Works Department to receive and install the banner on the specified date. MESSAGE CONTENT The banner poles were installed with the intent to provide the community with a location whereupon general information and messages of City -wide, non-commercial significance could be displayed. As such, any banner containing language supporting or referring to the following subjects will not be attached to the poles: I) a campaign for a political office, proposition initiative; or a specific issue that may be construed to have political or public policy implications; 2) an event or activity of primarily sectarian religious significance: 3) any sale, of product or service, whether for profit or not -for -profit, including fund-raising events sponsored by not -for -profit organizations; and 4) any subject that, in effect, does not apply or have interest to the general population of the City of National City. In general, the message language shall be appropriate for display on public property. The message on the banner to be installed may not deviate substantially from that indicated on the approved banner permit. If, prior to the installation of the banner, it is apparent that the message does not substantially conform to the permit, the banner will not be erected and the installation service charge shall be refunded upon removal of the banner from the Public Works property. •wno.ord general.ncbanner.doc CITY COUNCIL POLICY TITLE: NATIONAL CITY BOULEVARD, MILE OF CARS BANNER POLICY POLICY NUMBER: ADOPTED: AMENDED OR REVISED: FEES AND CHARGES An application fee and installation service charge shall be assessed per the Fee Schedule adopted by the City Council. LIABILITY AND INSURANCE The applicant shall be liable for any loss, damage, or injury sustained by the City or any other person whatsoever by reason of the negligence of the person(s) to whom the banner permit is issued. The applicant shall agree to save and keep the City and all its officers, departments and employees harmless from any and all costs, damages or expenses that the City or any of its officers, departments and employees may be obliged to pay by reason of, or that may arise out of, the granting and issuance of the banner permit, or the storage, transporting, erecting or display of the banner authorized thereby. The applicant shall maintain a policy of public liability insurance in the sum of one million dollars (S1,000,000). A certificate of insurance shall be presented upon approval of the permit and before issuance of a work order to Public Works to erect the banner. The certificate shall specifically name the City of National City as additional insured. The policy shall state that the City shall be given 30 days minimum notification by registered mail in the event of expiration or proposed cancellation of the policy. SPECIFICATIONS The following shall govern the construction of the banner panels and assessories for use on the National City Boulevard banner poles: I. The banner panel shall be four (4) feet wide by thirty-four (34) feet - six (6) inches long. 2. The banner pane! shall be perforated over at least ten percent (10°'0) of the area to reduce wind resistance. 3. The material used for the banner shall be a minimum of thirteen (13) ounce canvas and shall be double stitched for reinforcement at each corner. A 3/8-inch diameter brass grommet shall be sewn into each corner of the panel 4. A 3/8-inch to I/2-inch diameter, plastic -coated, steel -wire cable shall be hemmed in along the top and bottom of the panel. A minimum one -inch diameter eye loop secured with a suitable crimp shall be formed at the ends of the cable. The overall length of the cables shall be thirty-five (35) feet - six (6) inches. c:`.«imcord�_enerar.ncbannerdoc CITY COUNCIL POLICY TITLE: NATIONAL CITY BOULEVARD, MILE OF CARS BANNER POLICY POLICY NUMBER: ADOPTED: AMENDED OR REVISED: DURATION, SCHEDULING AND HANDLING OF BANNERS The duration of each separate banner display covered by one permit application shall be no more than forty-five (45) days. The display shall be scheduled according. to the dates requested on the permit application form and shall be granted on a first -come, first -served basis. This provision may be modified by mutual agreement among the parties involved and with the approval of the City Manager. The City Engineer shall maintain an annual banner calendar that will allow advance scheduling of banner displays. Banners approved for installation shall delivered to the Public Works yard no later than 3:00 p.m. on a regularly scheduled workday, at least five (5) working days prior to the first scheduled day of display. The banners shall be removed only by the Public Works Department at the end of the last scheduled day of display and delivered by City Forces back to the Public Works yard. The banners shall be removed from the Public Works yard by the sponsoring organization within five (5) working days of the scheduled removal date, or the date of delivery back to the yard, whichever occurs later. 3 e: ‘cirmord`aencraf.ncbanner doc City of National City, California COUNCIL AGENDA STATEMENT January 13, 1998 MEETINDATE AGENDA ITEM NO. 3 G ILE M A RESOLUTION OF T'HE TITY COUNCIL OF NATIONAL CITY i"A�2IZING THE CITY ENGINEER TO INSTALL A DISABLED PERSON'S PARKING SPACE AT 126 WEST 12TH STREET PREPARED BY Dino Serafini DEPARTMENT Engineering EXPLANATION. Carlos Alberto Roman, 126 West 12th Street, requested a disabled parking space at his address. The City Council Policy (No. 13,502) allows such spaces on public streets adjacent to residential property when there is no usable space on -site for disabled parking. 126 West 12th Street does have a garage, located off an alley, but it is only 10 feet wide and therefore cannot be used by the applicant as a parking space. The applicant possesses a valid disabled person placard issued by the Department of Motor Vehicles. X ivironmental. Review Financial Statement N/A STAFF._ RECOMMENDATION Approve the Resolution. N/A Account No CO BOARD/ COMMISSION RECOMMENDATION On December 10, 1997 the Traffic Safety Committee recommended approval of the Disabled Person's Parking Space. ALTA_CHMENTS (Listed Below) Resolution No 98-2 1. Resolution. :.s A400 rRe• °1E1 • • • RESOLUTION NO. 9 8-2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO INSTALL A DISABLED PERSON'S PARKING SPACE AT 126 WEST 12' STREEET WHEREAS, a resident of the city has requested a disabled parking space at 126 West 12th Street; and WHEREAS, the City Council Policy for designation of handicapped parking stalls on public property, adopted pursuant to Resolution No. 13,502, allows such spaces on public streets adjacent to residential property when there is no usable space on -site for usable parking; and WHEREAS, 126 West 12th Street does have a garage, located off the alley, but it is only ten (10) feet wide and therefore cannot be used by the applicant as a parking space; and WHEREAS, the applicant possesses a valid disabled person placard issued by the Department of Motor Vehicles. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is hereby directed to install a disabled person's parking space at 126 West 12th Street. PASSED and ADOPTED this 13th day of January, 1998. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: iig,,..:. George H. iser, III City Attorney George H. Waters, Mayor City of National City, California COUNCIL AGENDA STATEMENT 4111LEETING DATE January 13, 1998 AGENDA ITEM NO 4 ITEM TITLE Resolution accepting the lowest responsive, responsible bi from Dixon Ford, and authorizing award of bid #GS9798-3 for black and white Police vehicles. PREPARED BY Brenda E. Hodges1,0' RIPARTMENT Purchasing EXPLANATION. Request for Bids were issued for eleven (11) 1998 black and white Police patrol vehicles (Ford Crown Victoria Police Interceptors, or equal). Bids were mailed to eleven (11) vendors, netting (5) responses. A sixth bid was received late, and was returned unopened to the vendor. Bids were opened and read publicly on December 29, 1997, with two vendors present for the opening. The lowest responsive, responsible bid was from Dixon Ford, of Carlsbad, in the total amount of S260,301.47. The calculations to determine low bid include the cost of the vehicles, sales tax, and warranty, minus the 1% local tax adjustment, and early payment discounts offered by bidders. Dixon Ford offers the lowest net cost to the City. Environmental Review N/A Financial Statement Funds are available in FY 97/98 Vehicle C.I.P. budget. STAFF RECOMMENDATION 643-422-224-511 Accountn'No. rtl� i� In concurrence with Deputy Public Works Direct* , the Purchasing Agent recommends that award be made to Dixon Ford, and that authority be given to Purchasing Agent to issue resulting purchase order. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (listed Below) 1. Bid Abstract 2. Resolution Resolution No 98-3 A•2:0 !Rev. e/80! ABSTRA• (A) BIDDER: (B) (C) 1% LOCAL TAX UNIT ADJUST. PRICE (B'.01) 'Dixon Ford $20,699.55 • $0.00 Carlsbad Net (D) 111 POLICE CAR'BID GS9798/3 (E) PAYMENT 7.75% TERMS TAX (B-%) (B*.0775) Colonial Ford _ National City Villa Ford _ Orange 'Fuller Ford Chula Vista IWondries Ford Alhambra 'Downtown Ford Sacramento 'Bob Baker Ford__ San Diego (Downey Ford Downey !Drew Ford La Mesa IEI Cajon Ford El Cajon ;Kearny Mesa Ford San Diego $21,017.15 $23,214.18 $20,992.00 $22,732.00 $210.17 $0.00 $o06 Received late, returned unopenelil. No Response No Response I No Response No Response No Response $0.00. $1,604.22 $0.00 $1,628.83 Net $2,640.22: $1,799.10 10%_ 21 $0.00 Net 30 $1,287.19 5% 21 $1,626.88 $1,761.73 (F) WARRANTY • (G) EXTENDED ACTUAL PURCHASE NET COST TOTAL PURCHASE PRICE FOR i FOR ' NET COST PRICE 11 CARS I ANALYSIS TO CITY ' (B-D*E+F) (G*11) _ (B-C-D+E+F). (G`11)__ $1,360.05 $23,663.77 $1,250.00 $23,895.98 1. $1,388.89 $23,761.95 $261,381.48] $23,761.95 $1,249.00: $23,867.88 $262,546.68 $23,867.88 $1,250.00 $24,456.54 --t • $260,301.47 _523,663.77 $260,301.47 $262,855.781 _ $23,685.81 $260,543.89 $261,381_48 $262,546.68 $269,021.98 $24,456.54 $269,021.98 01/05/98 • • • RESOLUTION NO. 98-3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING DIXON FORD THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE AN AGREEMENT FOR THE PURCHASE OF BLACK & WHITE POLICE VEHICLES. WHEREAS, the Purchasing Agent of the City of National City did in open session on December 29, 1997, publicly open, examine and declare all sealed bids for eleven 1998 (11) Ford Crown Victoria Police Interceptors. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of National City hereby rejects all of said bids except that herein mentioned, and hereby awards the contract for police vehicles to the lowest responsive, responsible bidder, to wit: DIXON FORD BE IT FURTHER RESOLVED by the City Council of the City of National City, California, that the Purchasing Agent is hereby authorized to execute on behalf of the City, a Purchase Order between Dixon Ford and the City of National City to provide eleven 1998 Ford Crown Victoria Police Interceptors. PASSED and ADOPTED this 13th day of January, 1998. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FO George H. iser, Ill City Attorney George H. Waters, Mayor City of National City, California COUNCIL AGENDA STATEMENT • January 13, 1998 MEETING DATE AGENDA ITEM NO. 5 ITEM TITLEA RESOLUTION OF CITY COUNCIL OF NATIONAL CITY AUTHORIZING THE ITY ENGINEER TO PAINT RED CURBS AT 2940 NATIONAL CITY BOULEVARD PREPARED BY Dino Serafini PE ARTMENT Engineering EXPLANATION. The President of the Westcott Volvo dealership submitted a request to paint two 16-foot sections of curb adjacent to his driveway on 30th Street. The purpose for the red curbing is to improve sight distance when existing the dealership's lot. Up to two parking spaces would be lost due to the red curb. Environmental Review X N/A Financial Statement N/A Account No STAFF ..RECOMMEMATION Approve the Resolution. BOARD/COMMISSION RECOMMENDATION On December 10, 1997 the Traffic Safety Committee recommended approval of the red curbs. ATTACHMENTS (listed Below) 1. Resolution 2990 Resolution No 98-4 A•iOO (Re. •/[: • • • RESOLUTION NO. 98-4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO PAINT RED CURBS AT 2940 NATIONAL CITY BOULEVARD WHEREAS, the Westcott Volvo dealership submitted a request to paint two (2) 16-foot sections of curb adjacent to his driveway on 30th Street; and WHEREAS, the Traffic Safety Committee recommended approval of the red curbs at its December 10, 1997 meeting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is hereby directed to paint two (2) 16-foot sections of curb adjacent to the Westcott Volvo dealership driveway on 30th Street. PASSED and ADOPTED this 13t° day of January, 1998. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: /-. /) ,Z. = George H. Eiser, III City Attorney George H. Waters, Mayor City of National City, California COUNCIL AGENDA STATEMENT • MEETING DATE Jan.13, 1998 AGENDA ITEM NO 6 ITEM TITLE WARRANT REGISTER #25 PREPARED BY Tess E. Limfueco PEPARTMENT Finance EXPLANATION - Ratification of Warrant Register #25 per Government Section Code 32708. Environmental Review N/A Financial Statement N/A Account No SJAFF RECOMMENDATION I recommend ratification of these warrants for a total of $351,646.41 BOARD/COMMISSION ECOMMENDATIO'N daNe ATTACHMENTS (Listed Below) Resolution No 1. Warrant Register #25 2. Worker's Comp Warrant Register dated 12/16/97 A-7CO (Re. enot • • TO: FROM: City of National City Department of Finance 1243 National City Blvd., National City, CA 91950-4397 (619) 336-4267 THE MAYOR AND CITY COUNCILMEMBERS MARIA L. MATIENZO, FINANCE DIRECTOR SUBJECT: RATIFICATION OF WARRANTS AND/OR PAYROLL REGISTER NO. 25 GENERAL FUND TECHNOLOGY FUND LIBRARY FUND PARKS MAINTENANCE FUN GRANT -CA LITERACY CAM RETIREMENT FUND GAS TAXES FUND LOWER SWEETWATER FUND SEWER SERVICE FUND TINY TOT CLASSES FUND GRANT -JUDGE PROGRAM GRANT -COPS .. I E.RSAL STATE PUB IC LIBRARY `RANT -NC SU=PR. OF DR REGISTER TOTALS PAYROLL TOTAL 195,062.36 2,764.35 3,609.90 5,090.14 173.31 29,120.89 1,022.44 1,727.50 8,523.19 115.60 702.57 ,619.y5 10.99 388.34 LIBRARY SCHOOL DISTRI 2.33 NPT BUS DONATIONS FUN 549.95 LTSA LITERACY SYMPOSI 375.35 COPS GRANT PART II 1,764.61 GRANT-C.D.B.G. 4,416.20 CDC PAYMENTS 7,469.06 PROPOSITION "A" FUND 410.00 TDA 56,460.16 FACILITIES MAINT FUND 7,443.87 LIABILITY INS. FUND 764.68 GENERAL SERVICES FUND 1,983.03 INFORMATION SERVICES 3,937.42 MOTOR VEHICLE SVC FUN 8,437.43 TRUST & AGENCY 1,928.65 345,873.47 0.00 345,873.47 I HEREBY CERTIFY THAT THE DEMANDS AS LISTED ABOVE AND COVERED BY: WARRANT NUMBERS 146696 THROUGH 146817 INCLUSIVE EXCEPTING NONE/ 103494 THROUGH 103505 INCLUSIVE ARE CORRECT AND JUST TO THE BEST OF MY KNOWLEDGE AND CONFORM TO THE BUDGET FOR THE CURRENT FISCAL YEAR AND THAT MONEY IS AVAILABLE IN THE PROPER FUNDS TO PAY SAID DEMANDS. MARIA L. MATIENZO, FINANCE DIRECTOR ® Recycled Pater City of National City, California COUNCIL AGENDA STATEMENT • MEETING DATE Jan. 13, 1998 AGENDA ITEM NO. 7 ITEM TITLE WARRANT REGISTER #26 PREPARED BY Tess EXPLANATION. E. Limfueco DEPARTMENT Finance Ratification of Warrant Register #26 per Government Section Code 37208. Environmental Review N/A Financial Statement N/A Account No. STAFF RECOMMENDATION I recommend ratification of $1,311,898.48 of these war BOARD/COMMISSION RECOMMENDATION ATTACHMENTS (listed Below) 1. Warrant Register #26 2. Worker's Comp Warrant Register dated 1/6/98 nts for a total l� Resolution No A•200 (Re+. 9/80' • TO: FROM: City of National City Department of Finance 1243 National City Blvd., National City, CA 91950-4397 (619) 336-4267 THE MAYOR AND CITY COUNCILMEMEERS MARIA L. MATIENZO, FINANCE DIRECTOR SUBJECT: RATIFICATION OF WARRANTS AND/OR PAYROLL REGISTER NO. 26 GENERAL FUND TECHNOLOGY FUND GENERAL CAPITAL OUTLA LIBRARY FUND PARKS MAINTENANCE FUN GRANT -CA L TTERAC" CAM RETTR3 ENT FUND LOWER. S',%EE - •`':TER FUND SEWEP SERV ACE FUND GRANT-C•UDGE P9OGRAM GRANT -COPS UNIVERS.?_ STATE PURL IC LIBRARY GRANT -NC SUPPR. OF DR 109,318.01 11,525.45 620.00 1,646.76 2,120.52 172.30 3,931.75 282.02 3,539.88 424.77 1,044.51 7.55 3,570.85 REGISTER TOTALS PAYROLL FOR PERIOD 12/02/97-12/29/97 TOTAL LIBRARY SCHOOL DISTRI NPT BUS DONATIONS FUN LTSA LITERACY SYMPOSI COPS GRANT PART II GRANT-C.D.B.G. CDC PAYMENTS TDA FACILITIES MAINT FUND LIABILITY INS. FUND GENERAL SERVICES FUND INFORMATION SERVICES MOTOR VEHICLE SVC FUN TRUST & AGENCY 6.08 31.63 209.76 1,696.15 925.37 753.76 66,420.64 13,947.87 9,702.00 1,872.70 36,071.83 1,924.35 276,296.93 1,012,374.66 1,288,671.59 I HEREBY CERTIFY THAT THE DEMANDS AS LISTED ABOVE AND COVERED BY: WARRANT NUMBERS 146819 THROUGH 146942 INCLUSIVE EXCEPTING NONE/ 103506 THORUGH 103583 INSLUSIVE nRE CORRECT AND JUST TO THE BEST OF MY KNOWLEDGE AND CONFORM TO THE c+OW,ET FvR ThE CUKHEivf FISCAL vFAR AND THAT MONEY IS AVAILABLE IN THE PROPER FUNDS 10 PAY SAID DEMANDS. , FINANC % L IR—..(-T 17 • ® Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT •MEETING DATE January 11, 1Q98 AGENDA ITEM NO 8 r ITEM TITLE PREPARED BY EXPLANATION. VOLUNTARY CAMPAIGN EXPENDITURE LIMITS UNDER PROPOSITION 208 George H. Eiser, III DEPARTMENT See Attached Memorandum City Attorney Environmental Review _N/A Financial Statement N/A Account No GAFF RKOMMENDMION Direct staff. BOARpJCOMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No Memorandum A.200 ;4e• eiv.• City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950 George H. Eiser, Ill • City Attorney (619) 336-4220 FAX (619) 336-4327 TDD (619) 336-1615 TO: Mayor and City Council DATE: January 8, 1998 FROM: City Attorney SUBJECT: Voluntary Campaign Expenditure Limits and Increase of the Cap on Campaign Contributions Under Proposition 208 According to articles appearing in the January 7, 1998 editions of the Los Angeles Daily Journal and San Diego Union -Tribune (copies attached), U.S. District Court Judge Lawrence 'Carlton has invalidated major portions of Proposition 208, and enjoined the FPPC from enforcing them. The articles indicate that Judge Karlton's decision will likely be appealed to the Ninth Circuit Court of Appeals. A workshop had been scheduled for 2:00 p.m. prior to the January 20 City Council meeting to consider enactment of an ordinance imposing voluntary campaign expenditure limits, which would permit an increase in the cap on campaign contributions, as authorized by Proposition 208. Based on the current state of the law, such an ordinance would appear to be ineffectual. If Judge Karlton's decision is appealed, and if the decision is stayed pending the appeal, imposition of the expenditure limits would again be feasible. However, if the Court of Appeals eventually affirms Judge Karlton's decision the expenditure limits would again be invalid. I also believe it is likely that any party that is unsuccessful before the Court of Appeals would seek review by the United States Supreme Court. In sum, it appears that the validity of Proposition 208, as well as the validity of any ordinance enacted pursuant to its provisions, will be uncertain for some time to come. GEORGE H. EISER, III City Attorney GHE/gmo Attachment f:Vimits ® Recycled Pape • • • Federal Judge Bars Prop. 208 Campaign Caps Ruling Would Remove Donation, Spending Limits for '98 Elections By Tom Dressfar Cauv Jourrai Safi Wnter SACR.1MMEN i O — Once again irus- tradng campaign finance reform propo- nents. a'ederai judge on Tuesday stack down _.e major contribution and spend- ing limits of Proposition 2C8 in a decision that couid shift the legal battleground to the California Supreme Court. judge Lawrence K. Kariton of the Eastern District of California riled the basic corgi button cans in the init_ative. r,aPs=ed by voters in 1996. imperniiss Hy burdened the Tee speech and association rights of the elected crciais, poiiticai par - des. spetal-interest groups. unions and lobbyists who challenged the measure. He said the basic limits were lower than necessary to achieve the govern- me^:'s interest in preventing actual or perceived .:orrupdon. And he found the rest -actions barred candidates from arnassing the resources needed to mount effective campaign.. . -- . -- - Los Angeles Daily Journal Wednesday, Jan. 7, 1998 Other Parts Affected. • • Kariton also also struck down other key donation limits bemuse they were jusd- ded solely as means to prevent crcurrr vendor of the invalidated provisions. Cahirrnia iiz Council Political Action Cammi.:ee c &tally C1V-S-96-1965 LICK. And in a footnote, Kariton strongly indi- ced the :nea_....-e's `voluntary" spending limits were urcanstitutionaL He cited his finding that the mps, -as a r...at<er of law," effect~ ey would operate as mandatory Mandatory spending restrictions are:m2e-.issue under the Courts =nr campaign ina ce deci- sion. Buckley iaieo, 424 U.S.1 (1976). Lawyers on both sides interpreted the :cum o:e to me_ Kariton had invalidated the sperci-.5 Commission Enjoined the Fair Political P acaces .—_mission fromenforcu.g ..:poor. = its entirety, pending any = :sec::en: order fom the court. _. an ithusual move. he directed the FFFC a riling from ^.e state to whether the provisions '.r.:ouc`ed .ty _s ruling can oe enforced 'without the invalidated pars. and whether _ e sc_:ons struck down can be rewritten : -_et constitutional reauire- Mens. That a ;es the FPPC and _Pr anion 2 s proponents a shot at r esxr: g _art:r all of the initiative under a zs, -c . on .nay writ procedure in ss e court . :r. a :995 :cling in another mmpaign finance case. the state Supreme Court said it had the power to 'reform" ballot ^ es to make them consdtn_'or.aL ltrD Cai.4th 601. But it chose not to exertaise that power in Kopp, and it has not used the asserted authority since. i .a -lt n s order to go to the state high court a-e:ted some ini ai uncertainty among :he F: PC and the ititiative's pro- ponents over ear y what to do next One question they pondered Tuesday is how to deal .voh that directive if they appeal See Page 22 — PROP. 208 Prop. 208 Campaign Limits Invalidated Continued from Page 1 Kariton's injunction to the 9th U.S. Circuit Court of Appeals. "No decision has been made by the FPPC on an appeal of this decision," said FPPC counsel Lawrence Woodlock. He said the commission will consider that option at its Jan- 15 meeting. Proposition 208 co-author Tony Mailer, an attorney, said, "I don't know what the plan is. We're consulting with our attorneys and the FPPC." Miller added he would urge that the defendants petition the 9th Circuit for an immediate stay of Kariton's preliminary injunction, "pending final disposition of the rase." He added, "Our objective is to restore the core provisions Kariton has struck down." Miller caned Kariton's direc- tive on Supreme Court review "bizarre." In a firmer ciaremenr. the proponents' lead counsel. Bradley S. Philips of Los Angeles' Munger Tolles and Olson. said, -Certainly we would intend to appeal the judge's order [to the 9th Circuit). There's no queon about that." n the other side. attorneys who brought the challenge to the initiative praised the decision, with one expressing confidence Karlton's ruling would govern the 1998 elections. "I think it's a terrific case for First Amendment jurisprudence and free and open elections in 1998." said Joseph Remcho of San Francisco's Remcho, Johansen & Purcell. He said it was "enrernely unlikely' the gzre high court would agree to hear the case and make the decisions contemplated by Kaiton's r .ling in time to affect this years campaigns. Democratic Party counsel George Waters of Sacramento's Olson, Hagel, Fong, Leidigh, Waters & F shburn called the opinion 'even -reasoned and meticu- lous." He added. "It's clear the judge went over this with a fine-tooth comb." Said GOP counsel John Mueller of MrI Valley -based Nielsen. Merksamer Par-inefo, Mueller & Naylor: "[The deci- sion) dennonstrates the people who drafted 208 went over the line. way over the line." But Miller said Karlton's ruling -repre- sents a huge victory for the [political action committees], political parties and politi- cians and an initial defeat for the people of California who seek to end the domination of the political pro-cess by big money" For reformers, Karlton's action is a reprise of his previous decision st<tidng down a 1988 voter -approved reform initia- tive, Proposition 3. That ruling ultimately was upheld by higher courts, And for now, Karlton's latest decision creates the possibility this year's California elections will be conducted free of the tough contribution and spending caps Proposition 208 would impose. The development also at least temporar- ily alters the finance rules for the 1998 retention elections for state Supreme Court and appeal court justices. Late last year, the FPPC ruled the retention cam- paigns were governed by the initiative. 3ut Karlton's decision abrogates that action. So, for the time being, the four like:Thigh court candidates — including Chief Justice Ronald M. George and Associate Justices Ming tip: Olin. Janice R Brown and Stanley Mosk— and some 40 appeal court ustices are not bound by Proposition 208. They wut be have the unfe¢er ed ability to raise and spend money But with the measure's vol- untary spending caps gone, they no longer will be able to take advantage of what -they viewed as the key incentive for accepting the expenditure caps a candidate state- ment printed free of charge in statewide and local ballot pamphlets. In addition. Karlton's injunction strengthens the hand of the antiaboron groups that plan to challenge George and Chin. His ruling fire- them of Proposition 208's provision that capped donations to their campaign committees at $250. Proposition 208 sets basic, per -election contributions cans of S100 in most :c,-,1 races, S250 in legislative campaigns and S500 in statewide races. Those lumps dou- ble for candidates who agree to the inida- tive's spending limits. Kariton struck down the caps on two grounds. First, he focused on the provision that doubles the contribution limits for andi- dates who agree to limit their spending. The scheme, he said, reflects the elec- torate's determination that the higher amounts "are not unacceptably corrupting, and suffice so long as they are related to ... limitations on expenditures' It follows, he slid. that the lower limits are less than needed to achieve the sate's anti -corrup- tion interest and must be invalidated. • "I thus conclude that the lower limits are not narrowly drawn to achieve a legitimate governmental purpose, and thus the provi- sions for those lower campaign limitations are cnsdtutionaily infirm." said Karlton. On the second ground. Karlton agreed with the plaintiffs' argument that the con- t;,bttion limits, when viewed together with the _pending caps, would prohibit candi- dates from garnering sufficient funds to campaign electively. He said the plaintiffs. during trial 'had tendered a wealth of factual and opinion evidence in support of their position." The defendants, "on the whole did not present evidence directly contradicting plaintiffs fac.r.ai contentions." he added. Kantor. concluded the contribution limits "must fail bey e they are set at a level precluding an ocooramniry to conduct a meani.rri i campaign: 'er striidng down the basic contriou- _on Pans. Karon then invalidated sev- eral other key donation restrictions. They include provisions that restrict cony-ibu- ticrs to and from political parties and polit- ical action commlrtees, prohibit money transfers between candidares and impose aggregate donation limits. Kagan said those provisions "appear to be justified solely on the basis they are required to prevent subversion of the cam- paign limitation provisions.' The so-called prophylactic provisions "cannot stand if the justifying provision is itself unconstitution- al-' he ruled. But /Carlton left it to the state Supreme Cow-. to determine whether any of the r mnairang provisions can be severed and enforced without the invalidated provi- sions. and whether the sec ions he struck down Gan be revised make them lawful. In unsling the ruling, he cited the initia- the reform power icsered by the high court in Kopp, a power he said federal cours do not have. And, he noted. "California law governs severance." Judge rejects Prop. 208 limits on contributions =?By Ken Leiser, copy`+EwSsERv'ICE • SACRAMENTO — A federal court judge yesterday struck down tough campaign contribution limits •°•contained in California's Proposition 208 initiative as an unconstitutional blow to political speech. In a 43-page decision, U.S. District Court judge Lawrence Karlton barred the state's poiitical watch- dog agency from enforcing the year -old campaign finance law, "The effect of the initiative is not only to signifcant- ly reduce a California candidate's ability to deliver his or her message, but in fact to make it impossible for the ordinary candidate to mount an effective campaign for office," Karlton wrote in his opinion. Passed by 61 percent of California voters in Novem- ber 1995, Proposition 208 sought to limit the size, source and timing of campaign contributions to root See POLITICAL on Pa,e. -5 San Diego Union Tribune Wednesday, Jan. 7, 1998 ._ -.--• "3:E3O UN:C - .R.IB NE. Political Ji.dge rejects 1imi:s on contributions Continued from -1 out the perceived cop. ap _.g influ- ence of money in state politics. :e measure also put in piace -ciur.tar• spending I,y .__ ranging or $350,300 for Assemoly races to: 8:4 rnillicn for governor.but ^anion riled candidates would oe coerced into accepting _here and declared them ,r.constituu;r..ai. -Proposition 203's su+ rters painted Kariton's decisionas "a ::Uge • is:or-: for political ac :cr. brim:o.i:tees, poi _cal pares and politicians." but flatly :_._sec to initiative.abandon the .:native "it is ;�st the . st rc�.d. said on;: Mille:, co-author of i.e "We lost a bathe, but I think we are going to win the ',var. This decision will be appealed. and i am confident that the tour. of appeal will uphold the right of the people to regulate th.e way elections are conducted. - Miller suggested it could take several days to petitior. the U.S. 9th Circuit Court of Appeals to stay Kar iton's preliminary i ;uncuoc un- til an appeai car. its course. "We need to get 208 back on track for the 1998 elec::cn 'cue." Miler said. "Otherwise, we v-.11 see a torrent of cast being pour__ the rocii pal process." �edi sor.:analystsanalysts p. -ted a: fund-raising will revert to its wide- open. pre-208 levels. Kar!tcr. found that "a substantial portion" of the nit:a ire was anccc- stitutionai but ordered the Fair Po- litical Practices Co---lssion to seek a California Supreme Cour: review of which iower-prorde provi- sions might be salvaged. He ordered the FPPC to report back —_ every 3C days. The ..-". - defended the _aitfa:ire Kariton's s courtroom last fall. mar` on is the same judge who the voter -approved con- .-_.."._ con:.0L.ed 1'. Propo- sition 73 of 1988. The judge ruled in that ,.se that the restrictions -za e incumbents a Cis:..,__ advar.- :age over onaaengers. in __ .a:es: ruling, Kari:cr. a: ;rued that in astate the size or :ompa: ggn. -00 '±uucns .7:12 inti _::sable- to le: acandi- date who isn't ir.de^ender::: t:Monte -_. voters. That's .a-_cuia y :rue in legis- lative races, he said. which don't get as ...-:n media coverage as campaigns for statewide oc:ces. The any-'cu for. iinuts of ?rcpc- su or. 208 — $250 is legislative :aces and 3800 for statewide car.di- dates — could restrict the abiiit • of candidates :a corr.municate with voters in heavily populated regions. 'VEDxESD _Y.Y 7,1998 A-5 Initatve supporters ar3 ed in ccu.-: that, despite __..'.as $250 iu,its in the city of Sari Diego, May- cr Susan G:ding was able ic raise S-- ion n lie _. e._.g .:.e cue.. mayoral sea: _ 9C' Kar_LCn didn't dispute __a:. -cwever. ne pc_.sec au: that eig: cr ame _` . e 3e car_c.da:es :or citywide Ce -_ice :988 save :he :tiles have bent:Tied weziiiny candidates and give: rise :.. Ca... pa gr ntune•--:an :erns. He didn't spec=. any --._ices. e^ter developer de a. - to be fined by tile FFFC — S420,000 — for . _tag t: pass e city s ._ :.rbu- rcn ordinance. "Co-, ptca and _ e appearance ci were act reduced in the city of San Diego by the enact- ment of a 5250 contribution far municipal elec.—ans." Karin.... wrote. ote. The court— challenge to :he cam- paign law was ldeed las: yea. - the major parties. major donors and high- towered legisla- tors from "It is a goOC day for the good gt rs. This was a phony reform." �l ..`_c`-ced_e' said `Luca... ._ _. _ba_:..an of Ca_:crnia tepublicar. "The voters ne': er wculd have a: - proved it if _._ prt.pcnents wouid have been hones: abut - na. its effects wc•_id he." Despite yesterday ifornia Demcca_d Pa:— . 7..a^ ..� Tc--ess -• L urged^e e5_-:a:-re to pass a campaign inan__ reibtm law itself or cut one cr. the bailct that includes contr:'+ers:a. rsancing provisions. "5-na: we are faced with now :s a c a!'enge icr the Leg:s'.a:u e :c come forward with true political reform." he said. Dernccratic and Republican lead- ers in the Asa.ernb y piarne_ ings • ith :heir caucus nie.naliershlo _Sireout how yesterday's r rig aim a_fec: eleotan plans. ine is clear rules for 1998." sa.d Assembly •iepuoi - . leader - Leonard. rr000sit:cn .t written, ;en. was no: Fir state i«rnakers. it's the sec- ond - ccu-_ decision ... 2:.2 weeks _ _. --ail shape th.e political lands:ate ..cast nun_.. _ ed term^ I'mits were _ "ede-_ .._ _- - - -cl appeals court. us a ree that :ran.' stir _. _ n were overly rest-c if people's First mendd:men: rights. and a..-ri not surprised :he ::use may have found that to be. sac ..:sembl• wornan De._se `dcren: Duc , , D-San Diego. D•uaheny is seeking to become . sSe-piy Speaker, a post where :he ab-: to raise and distribute substantial _mounts of campaign liaihons — a practice banned by -osit:cr. 208 — has been •..e'xed as a key to success. City of National City, California COUNCIL AGENDA STATEMENT •MEETING DATE January 13, 1998 • AGENDA ITEM NO 9 ITEM TITLE DRAFT LETTER REGARDING A PROPOSED CAR WASH, SERVICE STATION\ AND ASSOCIATED GRADING AT THE NORTHEAST CORNER OF SWEETWATER ROAD AND EUCLID AVENUE "" PREPARED BY Steve Ray DEPARTMENT Planning EXPLANATION. The County of San Diego has requested comment on plans proposing a car wash and service station at the northeast corner of Sweetwater Road and Euclid Avenue. A food mart and fast food service would also be included in the development. The project involves removal of a knoll which covers most of the development site and rises approximately 25 ft. above Euclid Avenue and Sweetwater Road, east of Prospect Street. However, no information on environmental review has yet been provided by the County. If the site is not immediately developed for the intended use, the grading alone may result in a negative visual effect at a major entry point into National City. In addition, the proposed project falls far short of meeting City standards, particularly with regard to parking. Only 9 spaces are shown on plans, while our Code would require 39. There are also concerns regarding access and circulation that should be addressed, as well as a 90 ft. high, freeway - oriented sign. The attached letter incorporates comments from various City departments. Unless there are further comments that should be coordinated, the attached letter will be sent. Environmental Review X N/A Financial Statement N/A Account No STAFF_RECOMMENDATION Authorize transmittal of the attached letter. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENT (Listed Below) Resolution No 1. Letter to the County of San Diego 2. Project location map A./00 (ter. a/BC' • • • January 14, 1998 County of San Diego Department of Planning and Land Use 5201 Ruffin Road, Suite B San Diego, CA 92123-1666 Attn: Bernard Chase, Associate Planner Subject: REQUEST FOR AGENCY RECOMMENDATION ON PROPOSED CAR WASH, SERVICE STATION AND ASSOCIATED GRADING AT THE NORTHWEST CORNER OF SWEETWATER ROAD AND EUCLID AVENUE; CASE NOS. P97-015 AND AD97-056 Dear Mr. Chase: Thank you for providing us with the opportunity to comment on the above referenced case. National City has considerable interest in reviewing development proposals for this site. It is expected that your office will recognize the legitimacy of the City's interest, in view of the property's location within the City's Sphere of Influence, as well as adjacent to the City and at one of our major entryways. Because of the likelihood for future annexation to the City, the project applicant should be encouraged to adhere to our development standards. The applicant should be advised that, in the event of annexation, the proposed development would be considered non- conforming with respect to City standards. As a result, we recommend against approval of the project. It should be redesigned or scaled down. Matters of concern related to the proposed project are described below. It is requested that these be addressed before any approvals are granted and that we be informed of efforts toward this end. Grading If the site is not immediately developed for the intended use, the grading alone may result in a negative visual effect. Information submitted to us earlier described the project only as a borrow pit. Assurances are needed that development will occur as the site is graded, or immediately thereafter, and that appropriate slope treatments, including full landscape coverage, be provided. Parking and circulation The number of parking spaces proposed for the site is not adequate. The City would require a total of 39 on -site parking stalls based on the parking space to floor area ratios shown in the following chart. Proposed use food mart fast food office space lube bay car wash bay Total: Proposed City parking # of spaces area standard* required* 2700 sq. ft. 1/250 sq. ft. 11 500 sq. ft. 1/100 sq. ft. 5 3410 sq. ft. 1/200 sq. ft. 18 1040 sq. ft. 1/800 sq. ft. 2 1900 sq. ft. 1/800 sq. ft. 3 39 *Required spaces are rounded up to the nearest whole number for each use. A 12' x 50' designated loading space is also needed. Although it is stated on the plan, (under the heading of Project Data), that 15 "employee/visitor" stalls and 16 customer stalls will be provided, the site plan shows only 9 on -site designated parking stalls. This is significantly less than the minimum number of spaces required for the site if the project were subject to conformance with City of National City parking standards. Concerns related to the deficiency in parking spaces are magnified by the fact that the two spaces proposed south of the food mart building would be inaccessible except to vehicles exiting the car wash. The location of these two spaces and the adjoining drive aisle (leading from the car wash exit) pose an additional constraint in that this aisle may be blocked by vehicles queued to exit the site at the Sweetwater Road access drive. This situation may be compounded if the curb cut is moved in efforts to comply with requirements for right-of-way improvements specified below. (See #2 on the list of requirements from the National City Engineering Department, provided at the end of this letter.) The deficiency in parking stalls creates a potential need to use adjoining City streets and commercial properties to meet the parking needs of the service station and commercial office space proposed. Other on -site circulation concerns The City also recommends redesign of the site in order to improve on -site circulation with respect to the area surrounding the quick lube bay. The proposed drive aisles on both sides of this building are wide enough for one-way traffic only. However, the need to access the parking area, entrance to the car wash tunnel, and entrance and exit at the quick lube bay will necessitate two-way traffic flow. Circulation may be further hampered by the • • • inadequacy of the turning radii in the driveways around the quick lube bay. Also, cars may potentially be parked within queuing areas for the lube bay, the car wash and the gas pumps. This would further restrict flow in the driveway area. A constant flow of vehicles should be anticipated through the site, typical of gas stations with mini -fast food/food mart businesses. The on -site circulation, as well as access from Euclid Avenue, requires use and development of right-of-way to the east of the property. Please clarify the ownership of this right-of-way. Plans indicate most of it is in the County's jurisdiction and a portion is 805 Freeway right-of-way. Freeway -oriented sign In recognition of the importance of maintaining a positive image of the City, we have instituted policies which emphasize the need for special treatment of signs at major entry points to the City. The City's General Plan makes reference to the vicinity of the subject site as a major entry point where such policies are applicable. The proposed 90' tall freeway -oriented sign is significantly taller than would be permitted under the City's regulations. These would restrict the height to no more than 75 ft. However, a lower sign would be encouraged. It is recommended that the height of this sign be reduced to one no greater than necessary to afford a reasonable vision clearance from vehicles traveling on the freeway. Engineering design data and drawings which demonstrate the need for the sign height should be considered prior to approval. Setback requirements A 10 ft.-wide landscaped front setback, not including right-of-way and parkway areas, is required in the City's CG, General Commercial, zone. The site is prezoned CG. Plans for the proposed project show a six foot wide landscaped front setback along most of the site's Sweetwater Road street frontage. Undergrounding of utilities Should the project be approved, the City recommends that conditions be imposed which require that all electrical, telephone and similar distribution service wires be placed underground (as is required for development projects in the City of National City). Limitations on use The use of the property should be strictly limited to those identified on the plans provided to the City of National City for review. Any expansion of the fast-food use beyond the 500 square foot area depicted on the pians should be strictly prohibited. The City also recommends against any seating related to the fast-food use. Also, use of the lube bay for any service work other than oil changes and minor repair work should be prohibited. Note that a general automotive repair business would not be permitted at this site under the provisions of the National City Land Use Code (applicable upon annexation). Environmental review It is also requested that the City be informed of any determinations made with regard to CEQA review and that we be provided with copies of any related documents (i.e. initial study, negative declaration, EIR). Please provide this information sufficiently in advance of any public hearings on the project to allow City staff an opportunity to review and provide additional recommendations. National City Eneineerine Department requirements 1. A traffic study is required to address the project impacts on Euclid Avenue, Sweetwater Road and Prospect Street. 2. Provide an alternate driveway location on Sweetwater Road. This driveway must be limited to right turns only. 3. Depending upon the location of the driveway on Sweetwater Road, a center median island may be required. 4. A sidewalk and pedestrian ramp must be provided on the north side of Sweetwater Road. A separate construction permit from National City is required. 5. A letter of permission from the City is required for off -site work and grading at the corner of Euclid Avenue and Sweetwater Road within City right-of-way. 6. Plans showing sewer connections must be provided. Abandon the septic tanks and backfill. A sewer permit and/or payment of sewer fees to National City will be required. New sewer laterals in City right-of-way shall be six inch in size. A sewer agreement between County and City is also required for access to City's sewer. Obtain an Industrial Waste Permit from City of San Diego for discharge of car wash waste -water into public sewer (if any). Submit a letter from San Diego Metro Sewer District to National City addressine the car wash connection. No connection or discharge to storm drain will be permitted 7. Drainage must be addressed on plans provided to the City for review. All proposed catch basins shall be equipped with special filtering devices to prevent pollutant runoff into the street gutter and public storm drain. 8. A storm water pollution prevention plan must be submitted. Also provide measures for prevention of construction site erosion and sediment runoff during grading. Incorporate these measures into the grading plan. 9. City streets are to be kept clean and free of spillage or dust due to earthwork or hauling operations. 10. All work to be performed in City right-of-way will require a construction bond, a contractor business license, a contractor certificate of liability insurance for $1,000,000 naming the City additional insured, and a traffic control plan for improvements in the public right-of-way. 11. A completion bond should be required for all on -site grading. 4 12. If the site is to remain vacant for an extended period of time following grading, non - irrigated hydroseeding should be used for all areas of ground, including slopes, affected or disturbed by the grading. 13. Resubmit the grading plan to this office for a re -check, incorporating all of the aforementioned requirements. 14. The City of National City shall be given a minimum of 48 hours notice prior to start of the grading construction on this property. The contractor shall obtain the City permit for work in the public right-of-way prior to starting the grading construction. National City Fire Department requirements 1. Required fire flow may be as high as 2,750 gpm for two hours with a 20 psi residual depending on the construction type. 2. Canopy height is required to be a minimum of 13 feet, 6 inches. If you have specific questions on National City Engineering Department requirements, please contact Sam Arabzadeh Assistant Civil Engineer, at (619) 336-4380. For further information on the City's Fire Department conditions, please call Don Condon at 477- 4272. Otherwise, please call Assistant Planner Ron Santos at (619) 336-4310 regarding any questions related to the matters discussed above. • Roger G. Post Planning Director • SCALE: 1' 100" NORTH ;, SO F PROJECT SITE LOCATION MAP NATI CITY MINI NI N 1TD2 EXEC OFFICE ID:619-234-3172 JAN 05'98 15:02iNo.010 P.18 • Act. R, JCRT Al 3, 1/6/98, ADM 121 ATTACHMENT B MODEL RESOLUTION RESOLUTION AGENDA IT&M #10 1/13/98 Placed on the agenda ati the request of Vice Mayor Beauchamp A RESOLUTION OF THE CITY COUNCIL EXPRESSING THE NEED FOR AND URGING CONSIDERATION BY THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) BOARD OF DIRECTORS OF • DESIGNATING ONE MEMBER OF EACH OF THE TRANSIT DEVELOPMENT BOARDS TO SIT ON THE SANDAG BOARD OF DIRECTORS AND ITS TRANSPORTATION SUBCOMMITTEE. WHEREAS, the San Diego Association of Governments has been designated as the Metropolitan Planning Organization (MPO) and Regional Transportation Planning Agency for San Diego County; WHEREAS, as the MPO, SANDAG is responsible for the long range planning of integrated regional transportation systems for San Diego County including public transportation systems; WHEREAS, SANDAG has primary responsibility for programming flexible federal, state, and regional transportation funds, upon which the Transit Development Boards depend.; WHEREAS, public transportation systems are a critical portion of an integrated regional transportation system; WHEREAS, the inclusion of public Transit services in an integrated regional transportation system provides positive environmental benefits and enhances the quality of life in the San Diego Region as defined in the Regional Growth Management Strategy; WHEREAS, the Metropolitan Transit Development Board and the North San Diego County Transit Development Board, are responsible for planning, developing, and operating public transportation services and facilities within their respective Jurisdictions and, as such, collectively represent the region's public transit needs and concerns; WHEREAS, neither the Metropolitan Transit Development Board nor the North San Diego County Transit Development Board is represented on the SANDAG Board of Directors or its Transportation Subcommittee; B-1 `1 D5 EXEC OFFICE ID:619-234-3172 JAN O5'98 15:03 No.010 P.19 -2- NOW, 'THEREFORE BE IT RESOLVED by the City Council that: The Council expresses the critical need for, and urges consideration by the SANDAO Board of Directors of designating one member of, each of the Transit Development Boards to sit on the SANDAL Board and its Transportation Subcommittee. PASSED AND ADOPTED by the City Council on this , day of , 1998. B-2 S • AGENDA ITEM #11 1/13/98 Placed on the agenda at the request of Councilwoman Zarate AGENDA ITEM #11 SANDAG REPORT (Councilwoman Zarate) THERE IS NO BACKUP FOR THIS ITEM