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HomeMy WebLinkAbout2000 05-02 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY COUNCIL COUNCIL CHAMBERS 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY, MAY 2, 2000 - 3:00 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 THE CITY MANAGER, TOM G. MCCABE INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETINGS OF APRIL 18, 2000 AND APRIL 25, 2000. COUNCIL AGENDA 5/2/00 Page 2 INTERVIEWS/APPOINTMENTS Street Tree & Parkway Committee - Appointment PUBLIC HEARING 1. Public Hearing - Amendment to Chapter 7.06 of the National City Municipal Code regarding the regulation of abandoned buildings. (Building & Safety) 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. 2000-52 Resolution of the City Council of the City of National City authorizing the Legal Counsel for the Community Development Commission of the City of National City to bring civil actions to abate public nuisances in the name of the Community Development Commission of the City of National City. (City Attorney) 3. Resolution No. 2000-53 Resolution of the City Council of the City of National City of intention to provide a Qualifying Retirement System for part-time seasonal and temporary employees. (Finance) COUNCIL AGENDA 5/2/00 Page 3 CONSENT CALENDAR (Cont.) 4. Resolution No. 2000-54 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Don Iler, AIA, for Site Plan Evaluations and Budgetary Estimates for the Fire Station Headquarters. (Fire) 5. WARRANT REGISTER #43 (Finance) Ratification of Demands in the amount of $736,182.38. 6. Claim for Damages: Lydia Medina (City Clerk) 7. Street Tree Committee Minutes (Parks & Recreation) ORDINANCE FOR INTRODUCTION 8. An Ordinance amending Title 7 of the National City Municipal Code by amending Chapter 7.06 relating to abandoned buildings and facilities. (Building & Safety) NEW BUSINESS 9. Request for Council direction regarding the future use of the building previously occupied by the Pilipino American Community Center of National City. (PublicWorks/Engineering) 10. Temporary Use Permit - 3 MMM Barber Shop Grand Opening. (Building & Safety) COUNCIL AGENDA 5/2/00 Page 4 NEW BUSINESS (Cont.) 11. Temporary Use Permit - Clothing International, INC./d.b.a. Mario's Family Clothing. (Building & Safety) 12. Notice of Decision - Planned Development Permit for the expansion of an auto dealership at 3131 National City Boulevard. (Applicant: Rudolph F. Erm, Jr.) (Case File No.: PD-2000-2) (Planning) -> CITY MANAGER -* CITY ATTORNEY —* OTHER STAFF - MAYOR --> CITY COUNCIL 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. COUNCIL AGENDA 5/2/00 Page 5 NEW BUSINESS (Cont.) ADJOURNMENT Next Regular City Council Meeting - May 9, 2000 at 6:00 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) 336-4526 George H. Waters - Mayor APRIL 20, 2000 TO: COUNCILMEMBERS FROM: MAYOR GEORGE H. WATERS SUBJECT: STREET TREE & PARKWAY COMMITTEE Please be advised that Howard Schwitkis term on the Street Tree & Parkway will be expiring on April28, 2000. He is requesting consideration for appointment to the above -subject committee. If there are no objections, I recommend we appoint Mr. Schwitkis to the Street Tree & Parkway Committee for a term ending April 28, 2004. This item will be placed on the Council Agenda for the meeting of May 2, 2000. GEORG H WATERS Mayor GHW:nu ® Recycled Paper CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS . PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee t� Project Area Committee Student Commissioner Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee `fi`x-3YGVA' A{(. VMS uLwicvWNn:'tµYiq, tit Name: C-4 1V ( 1$ I OGf/ZGy''U1 Birth Date 0210/As (Last) j) �j% ` (First) (Optional) Home Address: J/ / ///2 c '!e Sieer Stree f Telephone: Residence ( 6 ("( " q7 / "Q'f 92 Y) Business/Work ( ) NUMBER OF Y0. (a OU HAVE UVED IN: / a CALIFORNIA? SAN DIEGO COUNTY? NATIONAL CITY? ARE YOU A REGISTERED VOTER: YES K- NO x:A:r e ,F;3.' :w;-;:E m:..{:,: 'i f5"-F9?`-.:-,:;. '�' x: .e., -:: {a.:rro::.a v, :o::;it?:3a:s`i�:.x.::.z: kC":v{i"••'-:::::;i:�'��`3:x;.#a?::�xxh:.53 "e?-'--''A W {�'a"aaaC"'XiY<F", Colleges attended and,degr held, lf,,n any: Uhivers (9 r?n I L Drh/2,� &iti e! dq ated Professional or Civic /I /� / perience: J. Gt i"Q/ S itztorn4 d" f7�r�//CeC I / ,h,i�ets PLEASE INDICATE BELOW ANY FURTHER INFORMATION THAT WILL BE OF VALUE REGARDING YOUR SERVICE ON THE ABOVE NAMED BOARDS, COMMITTEES OR COMMISSIONS: 7Wo A"^ i.r-eP t/efr (s eye, e7-1 5'ffee7t e DATE: Q LI/G I/WDt9 YOUR SIGNATURE RETURN COMPLETED FORM TO: THE CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA 91950 MEETING DATE May 2, 2000 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 1 (-ITEM TITLE PUBLIC HEARING — AMENDMENT TO CHAPTER 7.06 OF THE NATIONAL CITY MUNICIPAL CODE REGARDING THE REGULATION OF ABANDONED BUILDINGS PREPARED BY Katl4leen Trees - A/ DirectobEPARTMENT EXPLANATION See Attached Report Building and Safety Environmental Review Financial Statement X N/A Account No. STAFF RECOMMENDATION Conduct the Public Hearing and if appropriate introduce the Ordinance BOARD / COMMISSION RECOMMENDATION The Advisory and Appeals Board and the CDC. Housing Committee voted to recommend approval of the Code amendment. ATTACHMENTS ( Listed Below ) Staff Report Proposed Ordinance Advisory and Appeals Board Resolution Resolution No. A-200 (9/80) STAFF REPORT AN ORDINANCE AMENDING TITLE 7 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 7.06 RELATING TO ABANDONED BUILDINGS AND FACILITIES. BACKGROUND: In 1995 the City Council adopted Chapter 7.06 of the National City Municipal Code to regulate abandoned buildings. Vacant buildings tend to attract vagrants, transients, drug and other criminal activity, and have a documented history of fires. In addition, they are often not maintained, accumulate trash, junk and debris resulting in infestations of rats and other vermin. City staff identifies the abandoned buildings, notifies the owners and has the buildings boarded. Staff then monitors the buildings to make sure that they remain boarded. In spite of the City's efforts, abandoned buildings continue to be a blight to the city. Boarding the buildings addresses the problem of transients, however the owner will board the building and a short time later the boards are taken off and the transients return. The City then notifies the owner again and the cycle continues. Many of these buildings are also unsightly. The exterior of the building and the yards are not regularly maintained. To address the continuing problems associated with these buildings the Development Services Group consisting of staff from the Fire, Police, Planning, Engineering, and Building Departments and the City Attorney and Community Development Commission met to discuss the problem of abandoned buildings in National City. This group felt that revisions in the current law are necessary to address the problems. Many of the changes are editorial in nature. Other changes address the additional problems associated with the appearance of the property and give the City the ability to purchase the property if the owners desire. SUMMARY OF CHANGES Section 7.06.010 D This section states that loose paint is a health and safety hazard. This change came as a result of the awareness of the dangers of lead based paint for the children. Due to the age of many of the houses in National City the presence of lead based paint is a possibility. Maintaining the exterior paint of the building will prevent children from ingesting lead paint, which has peeled or chipped off and fallen to the ground. Not only will maintaining the exterior paint prevent possible injury to children, it will enhance the appearance of the building. Section 7.06.030 The actual specifications for boarding the structure are now incorporated into this section. The specifications state the type of attachment and the thickness of the boards. In addition, it states that the boards must be painted the predominate color of the structure. For commercial structures opaque window coverings may now be used in lieu of boards and long as the windows are not broken. Also added in this section is the requirement for the property owner to maintain the property free of weeds, litter and rubbish. Section 7.06.090 The previous ordinance established a vacant building monitoring fee, however, an amount was not determined. This section now sets the fee at $100 a year. This will allow the Building and Safety Department to recover the cost of inspecting the building four times per year. These inspections are necessary to prevent the removal of the boards and to notice the owner if the exterior and yard are not maintained. Section 7.06.120 This section establishes a revolving fund account, which the City may use to purchase abandoned buildings, which the owner wishes to sell. Currently the owner has three options once he is notified. He can 1) fix the building and board or occupy it, 2) pay the fines and/or go to jail or 3) if the owner cannot afford to fix the property, he has the option to apply for a rehabilitation loan with the CDC. This section of the ordinance will give the owner a fourth option after they have failed to comply with any of the above options. If the owner wishes to sell the property to the City the property will be appraised and the City will purchase the property. In order for the City to purchase properties a fund is proposed. The Spot Blight Removal Fund would be initially funded with matching City and CDC funds. The City funds would come from the sale of surplus land at Clairmont Ave. near Melrose St. The CDC funds will come from the sale of land at 16th St and Euclid Ave. and the low -mod housing fund. After the initial funding, additional funds would be generated from the sale of the abandoned property after the building is demolished. Matching funds would be appropriate since the abandoned buildings occur both inside and outside the Redevelopment Area. The ordinance was reviewed by the Advisory and Appeals Board and the CDC Housing Committee and approved. ORDINANCE NO. 2000- AN ORDINANCE AMENDING TITLE 7 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 7.06 RELATING TO ABANDONED BUILDINGS AND FACILITIES BE IT ORDAINED by the City Council of the City of National City that Title 7 of the Municipal Code is amended as follows: Section 1. That the Chapter 7.06 is amended in its entirety to read as follows: Chapter 7.06 ABANDONED BUILDINGS AND FACILITIES` Sections: 7.06.010 Purpose and intent —Findings 7.06.020 Definitions. 7.06.030 Abandoned buildings —Barricading. 7.06.040 Abandoned buildings —Nuisance —Abatement. 7.06.050 Demolition and restoration required. 7.06.060 Evacuating and barricading damaged buildings. 7.06.070 Abandoned furniture and other materials. 7.06.080 Maintenance and rehabilitation of boarded or vacant buildings. 7.06.090 Vacant building monitoring fee. 7.06.100 Administrative penalty. 7.06.110 Nuisance —Criminal penalty. 7.06.120 Demolition and blight removal account 7.06.010 Purpose and intent —Findings. It is the purpose and intent of the City Council to establish procedures to minimize or eliminate blight and adverse threats to the public health, safety and welfare caused by improper maintenance of abandoned or vacant structures, and to establish penalties and enforcement mechanisms to bring such properties into compliance. The City Council finds and determines that: A. Vacant buildings which have become unsecured or dilapidated, or which are partially destroyed for an unreasonable period of time, attract undesirable individuals including vagrants and criminals who use the buildings for illicit drug activity and other unlawful purposes. Noncodified list of cross-references: Abandoned Wells - NCMC Chapter 14.20 Abandoned Vehicles - NCMC Chapter 11.48 Removal of Signs from Abandoned Buildings - NCMC Section 18.62.060 Uniform Building Code - NCMC Title 15 Uniform Code for Abatement of Dangerous Buildings NCMC Title 15 Uniform Fire Code - NCMC Title 15 Abandoned Appliances - California Penal Code 2000 Ordinance Abandoned Facilities (Smooth of 2nd strikeout) Chapter 7.06 B. The existence of vacant buildings which have become unsecured or dilapidated, or which are partially destroyed for an unreasonable period of time, or which have been damaged by fire or decay or otherwise, and which cannot be repaired so as to conform to the requirements of Title 15 of this code, creates blight, which often spreads to surrounding areas. C. The existence of vacant buildings which have become unsecured or dilapidated, or which are partially destroyed for an unreasonable period of time, or which have been damaged by fire or decay or otherwise and cannot be repaired so as to conform to the requirements of Title 15 of this code, constitutes a threat to the public health, safety and welfare, because such conditions invite vandalism, arson, drug dealing, other crime problems and fire hazards, and create unsightliness and blight that depreciates property values. D. The existence of vacant buildings which become unsightly because of deteriorated, weathered, chipped, cracked, or peeled paint creates an economic disincentive to the value of surrounding property. Paint that is loose or falling to the ground causes a potential health and safety violation due to possible lead -based paint that could be ingested by children, causing sickness, mental retardation, and possibly death. E. Unless corrective measures are undertaken to cure and prevent such public nuisances, such serious threats to the public health, safety and welfare will continue to exist. Therefore, the need to correct such conditions is sufficiently great so as to outweigh the potential benefits of inaction, if any, to the owners of such vacant buildings. 7.06.020 Definitions. For the purposes of this chapter, "abandoned building" means a building that is vacant, and which: A. Has become unsecured or dilapidated; or B. Is partially destroyed and remains so for a period in excess of six months; or C. Has been damaged by fire, decay or otherwise, and cannot be repaired so as to conform to the requirements of Title 15 of this code; or D. Because of its physical condition invites vandalism, arson, drug dealing, and other crime problems; or E. Because of its physical condition constitutes a refuge for vagrants; or F. Because of its physical condition constitutes a fire hazard; or G. Because of its physical condition creates blight and depreciates surrounding property value; or H. Has been determined by the director of building and safety to constitute a "dangerous building" as defined in the Uniform Code for the Abatement of Dangerous Buildings, as adopted pursuant to Title 15 of this code; or I. On at least three occasions within a twenty -four -month period, has been barricaded and thereafter became unsecured so that persons could enter it. 7.06.030 Abandoned buildings —Maintenance and barricading. A. Any abandoned building shall be substantially barricaded by its owner in a manner specified by the director of building and safety to prevent unauthorized entry. B. All gas and electric utility services shall be disconnected within five days of vacation of a building. Reconnections will require approval by the department of building and safety. C. Unauthorized entry into or occupancy of an abandoned building is prohibited. D. Specifications and orders by the director of building and safety for barricading a building may include any of the following: 2000 Ordinance 2 Abandoned Facilities (Smooth of 2nd strikeout) Chapter 7.06 1. Boarding of doorways, crawl spaces, windows and openings are to be accomplished by use of one-half inch (1/2") or thicker exterior grade plywood, fastened by lag screws or one-way bolts to the frame or a cross brace, or both; 2. All barricades shall be painted to match the dominant exterior color of the elevation of the building on which the barricade is placed. The dominant exterior color shall be that color that occupies at least 60% of the particular elevation; 3. In the case of commercial buildings located on main or secondary thoroughfares, opaque window coverings may be allowed by the director in lieu of a barricade, provided all the windows are maintained, and, if broken or cracked, replaced within 72 hours. The director may require broken or cracked windows to be replaced in lieu of barricading. E. Abandoned buildings shall be maintained free of weeds, litter and rubbish at all times. Violations shall be abated and cost recovery allowed as provided in this chapter and related chapters for abatement of public nuisances. 7.06.040 Abandoned buildings —Nuisance —Abatement. Any building determined by the director of building and safety to be an "abandoned building" under the provisions of this chapter, is a public nuisance and shall be abated in accordance with the procedures for abatement of public nuisances and recovery of costs therefor set forth in Chapter 1.36 of this code. The Uniform Code for the Abatement of Dangerous Buildings may be used where the building qualifies as a "dangerous building" under that code. 7.06.050 Demolition and restoration required. All work requiring a demolition permit pursuant to Title 15 of this code shall include the required removal of all foundations and basements and restoring the site to natural grade and condition. Failure to comply with such a permit or any order by the director of building and safety is a violation of this chapter. 7.06.060 Evacuating and barricading damaged buildings. The director of building and safety may order and/or accomplish the immediate evacuation and barricading of any building thought to be structurally damaged by seismic activity, wind, tsunamis, flooding, decay, structural failure, dysfunction of sanitation systems or infestations of insects or vermin wherein persons therein would be endangered. The director may employ the provisions of Chapter 1.36 or other provisions of law allowing for summary abatement, when necessary. 7.06.070 Abandoned furniture and other materials. A. Any furniture, appliances, clothing, signs, or new or used materials of any sort placed upon private property without specific permission of the property owner or tenant, or upon public property without specific permission of the agency to whom the property belongs, is deemed to be abandoned. B. Property owners including public agencies, upon giving reasonable notice to the owners of such materials where that is possible, may take possession of such abandoned materials and dispose of them in accordance with law. C. Upon receipt of notice by the city that abandoned materials are present on private property, the owners of the materials or the property shall promptly remove them. Failure to comply with such notice is a violation of this code. 7.06.080 Maintenance and rehabilitation of boarded or vacant buildings. A. Except as provided in subsection C of this section, the owner of any boarded building, whether boarded by voluntary action of the owner or as a result of enforcement activity by the city, shall cause the 2000 Ordinance 3 Abandoned Facilities (Smooth of 2"d strikeout) Chapter 7.06 boarded building to be rehabilitated for occupancy within ninety days after the building is boarded. B. Except as provided in subsection C of this section, no person shall allow a building designed for human use or occupancy to stand vacant for more than ninety days. C. An owner may permit a building to be boarded without being rehabilitated for occupancy or to stand vacant for more than ninety days; provided, that one of the following conditions applies: 1. The building is the subject of an active building permit for repair or rehabilitation and the owner is progressing diligently to complete the repair or rehabilitation; or 2. The building meets all codes, does not contribute to blight, is ready for occupancy, and is actively being offered for sale, lease, or rent; or 3. The director of building and safety determines that the building is not likely to contribute to blight because the owner is actively maintaining and monitoring the building. Active maintenance and monitoring shall include: a. Maintenance of landscaping and plant materials in good condition, b. Maintenance of the exterior of the building, including but not limited to paint and finishes, in good condition, c. Regular removal of all exterior trash, debris, and graffiti, d. Maintenance of the building in continuing compliance with all applicable codes and regulations, e. Prevention of criminal activity on the premises, including but not limited to use and sale of controlled substances, prostitution and criminal street gang activity. 7.06.090 Vacant building monitoring fee. A. Fee Imposed. There is imposed upon every owner of a vacant building an annual building monitoring fee in an amount of $100. The fee shall be periodically reviewed and adjusted by resolution of the city council. The fee shall not exceed the estimated reasonable costs of monitoring the vacant building. The fee shall be payable as to any residential or nonresidential building which: 1. Is boarded up by voluntary action of the owner or as the result of enforcement activity by the city; or 2. Is vacant for more than ninety days for any reason. B. Fee Waiver. The vacant building monitoring fee shall be waived by the director of building and safety upon a showing by the owner that: 1. The owner has obtained a building permit and is progressing diligently to repair the premises for occupancy; or 2. The building meets all applicable codes and is actively being offered for sale, lease or rent; or 3. Imposition of the fee would impose a substantial economic hardship on the owner or would hinder the rehabilitation of the building. C. Procedure. 1. The vacant building monitoring fee shall be billed to the owner of the property and mailed to the owner's address as set forth on the last equalized assessment roll of the county assessor. 2. Any owner billed may apply for a waiver for the grounds set forth in subsection B of this section by submitting a written statement of the grounds for the waiver, together with the owner's daytime telephone number, to the director of building and safety within thirty days after the billing is mailed to the owner. The director of building and safety 2000 Ordinance 4 Abandoned Facilities (Smooth of 2"d strikeout) Chapter 7.06 shall review the written statement and may contact the owner to discuss the application of the waiver. The director of building and safety shall prepare a written decision regarding the waiver request, which shall be mailed to the owner. 3. An owner aggrieved by the decision of the director of building and safety relating to an application for a waiver may appeal the director's decision to the advisory and appeals board by submitting a written notice of appeal to the director of building and safety as set forth in Section 15.04.060 of this code. The decision of the board shall be final. 4. If the fee is not paid within sixty days after billing, or within sixty days after the decision of the director of building and safety or the advisory and appeals board becomes final, the city council may thereupon order that the fee be specially assessed against the property, it shall confirm the assessment and thereafter order said assessment to be collected at the same time and in the same manner as ordinary real property taxes are collected. The assessment shall be subject to the same penalties and the same procedure and sale in the case of delinquency as is provided for ordinary real property taxes. All laws applicable to the levy, collection, and enforcement of real property taxes are applicable to the special assessment. 7.06.100 Administrative penalty. A. Administrative Penalty Imposed. Any owner of a building which remains boarded in violation of Section 7.06.080(A) or any owner of a building which remains vacant in violation of Section 7.06.080(B) shall be liable for an administrative penalty in an amount not to exceed two hundred fifty dollars per building for the first violation. If the building is not brought into compliance within thirty (30) days following notification, the owner shall be liable for an administrative penalty not to exceed five hundred dollars per building, for the second and all subsequent violations. Each succeeding thirty (30) day period when the building remains in violation shall constitute a new violation. B. Action by Advisory and Appeals Board. The administrative penalty shall be imposed by the advisory and appeals board upon the recommendation of the director of building and safety after the owner shall have been afforded a hearing before the board. The hearing shall be conducted in accordance with the appeal provisions of Section 15.04.060 of this code. In setting the penalty, the board shall consider the severity of the blighting conditions on the property and the owner's efforts, or lack thereof, to remedy the problem. The decision of the board shall be final. C. Penalty —Payment. The administrative penalty shall be due and payable within thirty days after the decision of the board. If the penalty is not paid within forty-five days after the decision of the board, the city council may thereupon order the penalty be a personal obligation of the property owner or that it be specially assessed against the property involved, or both. If the city council orders that the penalty be specially assessed against the property, it shall confirm the assessment and thereafter said assessment may be collected at the same time and in the same manner as ordinary real property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary real property taxes. All laws applicable to the levy, collection, and enforcement of real property taxes are applicable to the special assessment. The City Council may also cause a notice of lien to be recorded. The notice shall, at a minimum, identify the record owner or possessor of the property and set forth the last known address of the record owner or possessor, the date on which the penalty was imposed by the board, a description of the real property subject to the lien, and the amount of penalty. The notice of lien shall be recorded without payment of fee. 2000 Ordinance 5 Abandoned Facilities (Smooth of 2"d strikeout) Chapter 7.06 D. Penalty waiver. The administrative penalty shall be waived if the advisory and appeals board finds that imposition of the penalty would create a substantial economic hardship on the owner, would hinder the rehabilitation of the building, or the owner rehabilitates the property within a designated period of time. E. Right of Judicial Review. Any person aggrieved by a decision of the advisory and appeals board or City Council may obtain judicial review of said decision by filing an appeal to be heard by the San Diego County Superior Court in accordance with the timelines and provisions set forth in California Government Code Section 53069.4. 7.06.110 Nuisance —Criminal penalty. In addition to the administrative penalties specified in Section 7.06.100, the owner, occupant, or agent of any lot or premises within the city who permits or allows the existence of an abandoned building as defined in this chapter, or who violates any mandatory provision or prohibition of this chapter upon any lot or premises owned, occupied, or controlled by said person, is guilty of a misdemeanor and upon conviction thereof is punishable as prescribed in Section 1.20.010. 7.06.120 Demolition and blight removal account. The City shall establish a revolving fund account designated for "Demolition and Blight Removal". The City may use this fund for the purchase of blighted or abandoned property or buildings maintained in violation of this chapter. Any person maintaining a building in violation of this chapter may offer the property for sale to the City at the property's fair market value. All fees, costs and expenses shall be borne by the buyer and seller according to customary real estate sales practice. The City shall pay for the property appraisal necessary to establish the fair market value based on the condition of the property, to be performed by an appraiser acceptable to both parties. The City may enter into separate arrangements with other public entities for acquisition, management and disposition of the property. PASSED and ADOPTED this day of , 2000. A HEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney George H. Waters, Mayor 2000 Ordinance 6 Abandoned Facilities (Smooth of 2"d strikeout) Chapter 7.06 RESOLUTION 2000-2 A RESOLUTION OF THE ADVISORY AND APPEALS BOARD OF THE CITY OF NATINAL CITY RECOMMENDING ADOPTION BY THE CITY COUNCIL OF THE AMENDMENTS TO CHAPTER 7.06 OF THE NATIONAL CITY MUNICIPAL CODE WHEREAS, the Advisory and Appeals Board of the City of National City at its meeting of February 17, 2000, after proper notification, conducted a hearing to consider the recommended amendments to Chapter 7.06 of the National City Municipal Code; and WHEREAS, the amendments are necessary to improve the enforcement ability of the city when abandoned buildings are identified; and WHEREAS, the amendments are necessary to allow the owners of an abandoned building to offer the building for sale to the city at fair market value; and WHEREAS, after review and discussion, the Board determined that the amendments submitted be approved and forwarded to the City Council with a recommendation for adoption by the City Council. NOW, THEREFORE, BE IT RESOLVED that the Advisory and Appeals Board recommends approval of the code amendments as submitted, and that such amendments be adopted by the City Council. PASSED AND ADOPTED THE 17th day of February 2000. ATTEST: Ka een Trees, A/Building & Safety Director APP& D A 0 FORM: olph r d c , Senior Assistant ( ity Attorney City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della - City Clerk (619) 336-4226 Fax (619) 336-4376 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a public hearing after the hour of 3:00 p.m., Tuesday, May 2, 2000, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, to consider: A PROPOSED ORDINANCE AMENDING TITLE 7 OFT E NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 7.06 RELATING TO ABANDONED BUILDINGS AND FACILf1II S Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the public hearing. DA 1 ED: April 18, 2000 Michael R. Dal City Clerk City of National City ® Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 2, 2000 AGENDA ITEM NO. 2 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE LEGAL COUNSEL FOR THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY TO BRING CIVIL ACTIONS TO ABATE PUBLIC NUISANCES IN THE NAME OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY PREPARED BY George H. Eiser, III ADEPARTMENT City Attorney EXPLANATION Section 731 of the Code of Civil Procedure authorizes the City Attorney to bring civil actions to abate public nuisances in the name of the People of the State of California. The proposed Resolution would authorize the Legal Counsel for the CDC to bring such actions on behalf of the CDC. If granted this authority, Legal Counsel for the CDC could combine a nuisance abatement cause of action with a cause of action to compel the clean up of hazardous materials on properties under the Polanco Redevelopment Act (Health and Safety Code Section 33459-01 et. seq.). Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Adopt ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 2000-52 Proposed ordinance. A-200 (9/80) RESOLUTION NO. 2000 — 52 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE LEGAL COUNSEL FOR THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY TO BRING CIVIL ACTIONS TO ABATE PUBLIC NUISANCES IN THE NAME OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY WHEREAS, Section 731 of the Code of Civil Procedure authorizes the City Attorney to bring civil actions to abate public nuisances in the name of the People of the State of California; and WHEREAS, the City Council of the City of National City desires to confer authority to bring civil actions for the abatement of public nuisances upon Legal Counsel for the Community Development Commission of the City of National City on behalf of the Community Development Commission of the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby authorize the Legal Counsel for the Community Development Commission of the City of National City to bring civil actions to abate public nuisances in the name of the Community Development Commission of the City of National City. PASSED and ADOPTED this 2nd day of May, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: //3 g,,,: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 2, 2000 AGENDA ITEM NO. ITEM TITLE A Resolution of the City Council to Adopt the Amended and Restated PARS (Public Agency Retirement System) Trust Agreement PREPARED BY EXPLANATION. Marylou Matienzo Finance Director DEPARTMENT Finance Please see attached explanation Environmental Review Financial Statement No effect N/A Account No. STAFF RECOMMENDATION Please see attached recommendation BOARD/COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below) Resolution No. 2000-53 1. Resolution 2. Explanation 3. Amended Trust Agreement 4. Adoption Agreement A-200 (Rev. 9/80 RESOLUTION NO. 2000 — 53 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OF INTENTION TO PROVIDE A QUALIFYING RETIREMENT SYSTEM FOR PART-TIME SEASONAL AND TEMPORARY EMPLOYEES WHEREAS, the City of National City is a member of the Public Agency Retirement System (PARS) for the purpose of providing tax qualified retirement benefits; and WHEREAS, the City provides a Qualifying Retirement System for its employees, thereby meeting the requirements of Section 11332 of the Omnibus Budget Reconciliation Act (OBRA 90) and Section 3121(b)(7)(F) of the Internal Revenue Code (IRC); and WHEREAS, PARS, a governmental trust, has been adopted by the City that qualifies under California Government Code Sections 53,000 and 20,000, OBRA 90 Section 11332, IRC Sections 3121(b)(7XF) and 401(a), and meets the meaning of the term "retirement system" as given by Section 218(b)(4) of the Federal Social Security Act; and WHEREAS, the City is a member of the PARS Trust. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that: 1. The City Council hereby adopts the Amended and Restated PARS Trust Agreement, effective May 2, 2000; and 2. The City Council hereby appoints the Finance Director, or her successor or her designee as the City's Plan Administrator for the Public Agency Retirement System; and 3. The City's Plan Administrator is hereby authorized to execute the PARS legal documents on behalf of the City and to take whatever additional actions are necessary to maintain the City's participation in PARS and to maintain PARS compliance of any relevant regulation issued or as may be issued; therefore, authorizing her to take whatever additional actions are required to administer the City's PARS plan(s). PASSED and ADOPTED this 2"d day of May, 2000. George H. Waters, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney To: From: Subject: Background: City of National City CITY COUNCIL AGENDA REPORT May 2, 2000 The City Council Marylou Matienzo, Finance Director Adoption of the Amended and Restated PARS (Public Agency RetirementSystem) Trust Agreement The City is currently a member of the Public Agency Retirement System (PARS), which currently provides the City with an Alternate Retirement System, for our part-time, seasonal and temporary employees who are ineligible for participation in our other Qualifying Retirement System(s). The City joined PARS as a result of a Federal mandate in 1990. OBRA 90 mandated that all public employees not covered by a qualified retirement system either be enrolled in Social Security or in an Alternate System beginning January 1992. The City's membership in PARS, administered by Phase II Systems, enabled the City to provide an Alternate Retirement System that fully complied with the new provisions of the Federal law. Participation in PARS result in savings for the City, when compared to Social Security, and yet provides more flexible retirement benefits for our part-time, temporary and seasonal employees. In addition, PARS has offered the City an efficient and cost effective administrative alternative with over 160 public agencies and 180,000 employees covered by the Trust. Discussion: In 1991, the original Trust Agreement for the Public Agency Retirement System (PARS) was established. Recently Phase II System, the PARS Trust Administrator, informed the City that the legal documents of the PARS Trust program have been updated in response to several law changes, which have amended the operation of qualified plans. • General Agreement on Tariffs and Trade (GATT) • Uniformed Service Employment and Reemployment Rights Act (USERRA) • Taxpayers Relief Act of 1997 (TRA '97) • Small Business Job Protection Act of 1996 (SBJPA "96) The PARS Trust Administrator has also taken this opportunity to modify the PARS Trust Agreement to better describe its features: • Each party's role, powers and responsibilities have been defined and clarified, • Important terms have been defined, clarified and used consistently throughout the documents, and • Concise procedures have been established for executing the provisions of the documents. Participation in PARS is accomplished through the adoption of the PARS Trust, which is being updated at this time. The following document is attached: • The Amended and Restated PARS Trust Agreement This document has been reviewed by the City Attorney and approved for The City Council's consideration and action. Recommendation: The City Council adopt a Resolution to: 1. Adopt the Amended and Restated PARS Trust Agreement by adopting the Adoption Agreement (Exhibit A) 2. Appoint the Plan Administrator by title, or the successor or designee; 3. Authorize the Plan Administrator to execute the adoption of the PARS Trust Agreement and 4. Authorize the Plan Administrator to take whatever additional administrative actions are necessary to maintain participation in PARS. EXHIBIT "A" ADOPTION AGREEMENT TO THE PARS TRUST AGREEMENT Member Agency: City of National City Plan Name: PARS Alternate Retirement System Plan Administrator: MaryLou Matienzo Title: Finance Director Address: 1243 National City Blvd. National City, CA 91950 The above referenced California public agency ("Member Agency") adopts the PARS Trust Agreement, as amended and restated effective 7/1/99, as the trust portion ("Agency Trust") of the above referenced qualified plan ("Plan"), effective as of the date set out below. Pursuant to resolution number , dated , which authorizes the adoption of the PARS Trust Agreement and names the above referenced individual by position of employment to act on behalf of the Member Agency in all matters relating to the Member Agency's participation in the PARS Trust Program and Agency Trust ("Plan Administrator"), the Plan Administrator certifies the following entities within the Agency Trust: TRUSTEE: Union Bank of California N.A. TRUST ADMINISTRATOR: Phase II Systems INVESTMENT FIDUCIARY: Union Bank of California N.A., acting through its affiliate Highmark Capital Management By: Title: Date: ACCEPTED: Trust Administrator: Phase II Systems By: Date: Title: Trustee and Investment Fiduciary: Union Bank of California, N.A. By: Title: Date: EXHIBIT "A" ADOPTION AGREEMENT TO THE PARS TRUST AGREEMENT Member Agency: City of National City Plan Name: PARS Alternate Retirement System Plan Administrator: MaryLou Matienzo Title: Finance Director Address: 1243 National City Blvd. National City, CA 91950 The above referenced California public agency ("Member Agency") adopts the PARS Trust Agreement, as amended and restated effective 7/1/99, as the trust portion ("Agency Trust") of the above referenced qualified plan ("Plan"), effective as of the date set out below. Pursuant to resolution number , dated , which authorizes the adoption of the PARS Trust Agreement and names the above referenced individual by position of employment to act on behalf of the Member Agency in all matters relating to the Member Agency's participation in the PARS Trust Program and Agency Trust ("Plan Administrator"), the Plan Administrator certifies the following entities within the Agency Trust: TRUSTEE: Union Bank of California N.A. TRUST ADMINISTRATOR: Phase II Systems INVESTMENT FIDUCIARY: Union Bank of California N.A., acting through its affiliate Highmark Capital Management By: Title: Date: ACCEPTED: Trust Administrator: Phase II Systems By: Date: Title: Trustee and Investment Fiduciary: Union Bank of California, N.A. By: Title: Date: EXHIBIT "A" ADOPTION AGREEMENT TO THE PARS TRUST AGREEMENT Member Agency: City of National City Plan Name: PARS Alternate Retirement System Plan Administrator: MaryLou Matienzo Title: Finance Director Address: 1243 National City Blvd. National City, CA 91950 The above referenced California public agency ("Member Agency") adopts the PARS Trust Agreement, as amended and restated effective 7/1/99, as the trust portion ("Agency Trust") of the above referenced qualified plan ("Plan"), effective as of the date set out below. Pursuant to resolution number dated , which authorizes the adoption of the PARS Trust Agreement and names the above referenced individual by position of employment to act on behalf of the Member Agency in all matters relating to the Member Agency's participation in the PARS Trust Program and Agency Trust ("Plan Administrator"), the Plan Administrator certifies the following entities within the Agency Trust: TRUSTEE: Union Bank of California N.A. TRUST ADMINISTRATOR: Phase II Systems INVESTMENT FIDUCIARY: Union Bank of California N.A., acting through its affiliate Highmark Capital Management By: Title: Date: ACCEPTED: Trust Administrator: Phase II Systems By: Date: Title: Trustee and Investment Fiduciary: Union Bank of California, N.A. By: Title: Date: EXHIBIT "A" ADOPTION AGREEMENT TO THE PARS TRUST AGREEMENT Member Agency: City of National City Plan Name: PARS Alternate Retirement System Plan Administrator: MaryLou Matienzo Title: Finance Director Address: 1243 National City Blvd. National City, CA 91950 The above referenced California public agency ("Member Agency") adopts the PARS Trust Agreement, as amended and restated effective 7/1/99, as the trust portion ("Agency Trust") of the above referenced qualified plan ("Plan"), effective as of the date set out below. Pursuant to resolution number , dated , which authorizes the adoption of the PARS Trust Agreement and names the above referenced individual by position of employment to act on behalf of the Member Agency in all matters relating to the Member Agency's participation in the PARS Trust Program and Agency Trust ("Plan Administrator"), the Plan Administrator certifies the following entities within the Agency Trust: TRUSTEE: Union Bank of California N.A. TRUST ADMINISTRATOR: Phase II Systems INVESTMENT FIDUCIARY: Union Bank of California N.A., acting through its affiliate Highmark Capital Management By: Title: Date: ACCEPTED: Trust Administrator: Phase II Systems By: Title: Date: Trustee and Investment Fiduciary: Union Bank of California, N.A. By: Title: Date: PUBLIC AGENCY RETIREMENT SYSTEM (PARS) TRUST AGREEMENT COMPARISON OF PRINCIPLE PROVISIONS TRUST EFFECTIVE JULY 1, 1991 AMENDED AND RESTATED TRUST EFFECTIVE JULY 1, 1999 1. EFFECTIVE DATE Prior Trust July 1, 1991. 1.2 Restatement July 1, 1999. 1.10 2. PURPOSE OF TRUST Prior Trust Trust and the related Public Agency Retirement System are part of a single integrated employee benefit system. 2.1 The purpose of the trust is to receive, invest assets and pay benefits. 2.3 Restatement PARS Trust Program is a multiple employer trust arrangement established to provide economies of scale and administration to participating agencies. The PARS Trust Program consists of the trusts of the agencies that adopt the PARS Trust. 2.1 3. LAW PURSUANT TO WHICH TRUST ESTABLISHED Prior Trust The Trust is intended to meet the requirements of the Internal Revenue Code for a qualified trust. 2.3 Restatement The PARS Trust Program is established pursuant to the provisions of the Internal Revenue Code and the California Government Code providing for pension trusts established by public agencies. 2.2 4. PROCEDURE FOR ADOPTING TRUST Prior Trust An agency may adopt the trust by a properly executed document evidencing its intent to adopt. 2.5 2 Restatement Any California public agency may adopt the provisions of the PARS Trust Agreement as the trust portion of a qualified governmental retirement plan by executing an adoption agreement, which is attached to the trust instrument as Exhibit A, and an Agreement for Administrative Services with Phase II Systems. 2.4 5. LEGALLY SEPARATE TRUSTS Prior Trust No provision. Restatement By adopting the PARS Trust Agreement a member agency is deemed to have adopted a legally separate trust whose provisions are identical to those of the PARS Trust Agreement. 2.5 6. BASIS FOR COMMINGLING ASSETS Prior Trust No provision. Restatement The Assets of more than one Agency Trust may be commingled by the Trustee or Investment Fiduciary in one or more Omnibus Accounts for investment and administrative purposes. 2.7 An Omnibus Account is an account, established for record keeping purposes only, to commingle the Assets of the individual Agency Trusts. 1.12 7. RESPONSIBILITY FOR PLAN LEVEL ACCOUNTING Prior Trust The Trustee shall maintain accurate records. 4.6 3 Restatement The Trustee is only responsible for maintaining records and accounts for the aggregate assets of the PARS Trust Program. The responsibility for Plan level accounting for each separate Agency Trust within the Omnibus Account shall be that of the Trust Administrator (Phase II Systems.) 2.8 8. LIABILITY OF MEMBER AGENCY FOR PAYMENT Prior Trust All benefits payable pursuant to the plan shall be paid out of the assets of the Trust by the Trustee pursuant to the written direction of the of the Administrator. In directing the Trustee to make distributions the Administrator shall follow the provisions of the plan. In no event shall the Trustee have any responsibility respecting the application of such distributions, nor for determining or inquiring into whether such distributions are in accordance with the Plan. 4.11 Restatement Neither the full faith and credit or the taxing power of each Member Agency is pledged to the distribution of benefits under the trust. Distributions of benefits are neither general or special obligations of any Member Agency but are payable only from the Assets of the Agency's Trust. 2.10 9. APPOINTMENT OF TRUSTEE Prior Trust The initial adopting Employers may appoint a Trustee. Any subsequent Trustee must be appointed by a two-thirds vote of the Participating Employers. 3.1 Restatement Two-thirds or more of the Member Agencies may appoint a Trustee. By executing the Adoption Agreement, an adopting Member Agency appoints the Union Bank of California as Trustee. 3.1 4 10. RESIGNATION OF TRUSTEE Prior Trust Trustee may resign by giving the Administrator ninety days prior written notice. 3.5 Restatement Trustee may resign by giving ninety days prior written notice to the Trust Administrator and to each Plan Administrator of all participating Member Agencies. 3.3 11. REMOVAL OF TRUSTEE Prior Trust An adopting Employer may remove the Trustee by giving at least ninety days written notice to the Trustee and withdrawing from the PARS Trust. 3.5 Restatement The Member Agencies may, by a two-thirds vote, act to remove the Trustee. Upon such removal the Trustee is also removed as Trustee from each of the Agency Trusts. A Plan Administrator may remove the Trustee as Trustee of an Agency Trust by giving at least ninety days written notice to the Trustee and withdrawing from the PARS Trust Program. 3.2 12. PLAN ADMINISTRATOR Prior Trust Each adopting Employer shall designate an individual or position to serve as the Administrator. The Administrator shall act on behalf of the Employer in all matters relating to the Plan and Trust. 3.3 Restatement Each governing body of each Member Agency shall have plenary authority for the administration and investment of the Agency Trust. Each Member Agency shall by resolution designate a Plan Administrator. Unless otherwise specified in the instrument of appointment the Plan Administrator shall be deemed to have authority to act on behalf of the Member Agency in all matters relating to the Member Agency's 5 participation in the PARS Trust Program and in regard to the Agency Trust(s) of the Member Agency. Such appointment of a Plan Administrator shall be effective upon receipt and acknowledgment by the Trustee and shall be effective until the Trustee receives notice from the Member Agency that the appointment has been modified or terminated. If the agency fails to appoint an administrator or the appointment lapses the Member Agency shall be deemed to be the Plan Administrator. 3.4,3.5 13. APPOINTMENT OF DELEGATEE Prior Trust No provision. Restatement The Plan Administrator may delegate authority, powers and duties by a written instrument to a Delegatee. 3.6 14. DIRECTIONS TO THE TRUSTEE Prior Trust All directions from the Plan Administrator to the Trustee must be in writing. Direction includes any notice or instruction. 3.4 Restatement Except as provided in Section 5.18 "Participant Directed Accounts", all directions to the Trustee from the Plan Administrator or Delegatee must be writing and signed by the Plan Administrator or Delegatee. 3.8 15. CO -TRUSTEES Prior Trust Where there is more than one Trustee, a majority of such Trustees may make any decision. 3.6 Restatement No provision. 6 16. ALTERNATE TRUSTEE Prior Trust No provision. Restatement A Member Agency may appoint a Trustee, other than the PARS Trust Trustee, as to a portion of the assets in the Agency by designating the Alternate Trustee on the Adoption Agreement and by specifying which assets shall be subject to the fiduciary management of the Alternate Trustee. 3.9 The Alternate Trustee shall be deemed to have all of the powers and duties and responsibilities specified in the PARS Trust Agreement for the PARS Trustee unless otherwise specified in the Adoption Agreement. 3.10 17. TRUST ADMINISTRATOR Prior Trust The Trust shall appoint a Trust Administrator to perform administrative services as deemed necessary by the Trustee, on behalf of, and at the direction of the Trustee. 3.7 Restatement The Member Agencies have appointed Phase II Systems as Trust Administrator to serve as the record keeper of the PARS Trust Program and each Agency Trust and to perform the record keeping and administrative services specified in section 3.12. 3.12 Furthermore, the Trust Administrator shall be entitled to rely on, and shall be under no duty to question, direction and /or data received from the Plan Administrator, or other duly authorized entity, in order to perform its authorized duties under this Trust Agreement. 3.13 18. ADDITIONAL TRUST ADMINISTRATOR SERVICES Prior Trust No provision. 7 Restatement The Plan Administrator may retain the Trust Administrator as its agent to perform any acts, or perform services required by the PARS Trust Agreement or the Member Agency's Plan. The Trust Administrator shall be separately compensated for such services. 3.14 19. TRUST ADMINISTRATOR'S COMPENSATION Prior Trust No provision. Restatement The Trust Administrator will be paid reasonable compensation for its duties in an amount agreed upon from time to time by the Member Agency and the Trust Administrator. 3.15 20. RESIGNATION OR REMOVAL OF TRUST ADMINISTRATOR Prior Trust The Trust Administrator may resign at any time by giving at least 120 days written notice. The Employers, by a two-thirds vote, may remove the Trust Administrator by giving at least 120 days written notice to the Trust Administrator and the Trustee. 3.8 Restatement The Trust Administrator may resign at any time by giving at least 120 days written notice to each Member Agency. The Member Agencies, by a two- thirds vote or greater, may remove the Trust Administrator by delivering, at , least 120 days prior to the effective date of such removal, written notice to the Trust Administrator and to the Trustee. 3.16 21. GENERAL AUTHORITY OF TRUSTEE Prior Trust General Authority for the specified activities over the assets held in the Trust is given to the Trustee. 4.10 8 Restatement General Authority for the specified activities over the assets held in the Trust is given to the Trustee. 4.1, 4.2 22. CUSTODIAL POWERS OF TRUSTEE Prior Trust No provision. Restatement If an Alternate Trustee is appointed, Union Bank of California, N.A. (the "Bank") as Custodian, shall have only the responsibilities listed. 4.3 23. INVESTMENTS/FIDUCIARY RESPONSIBILITY Prior Trust (a) Except as provided, the Administrator is the Fiduciary with respect to the authority and duty to direct the investment and management of the Trust Assets. 4.1(a) (b) The Employer may by resolution of its governing body, appoint the Trustee or an Investment Manager as the Investment Fiduciary with the authority and duty to direct the investment and management of all or any portion of the Trust Assets by following the procedures outlined. 4.1(a)(1)(2) Restatement (a) Except as provided, the Plan Administrator shall be the Investment Fiduciary. 5.1 (b) The Member Agency may by resolution appoint the Trustee or an investment manager as the Investment Fiduciary with the authority and duty to direct the investment and management of all or any portion of the assets of the Trust by following the procedures outlined. 5.2, 5.3 9 24. WHEN TRUSTEE IS NOT INVESTMENT FIDUCIARY Prior Trust When the Trustee is not the Investment Fiduciary, the Trustee is not liable for losses or unfavorable results arising from the Trustee's compliance with proper directions from the Plan Administrator made in accordance with the terms of the Plan and Trust. 4.1(c)(1) Restatement The Trustee shall not be the Investment Fiduciary and shall have no responsibility or authority for the investment and management of assets unless specifically designated as the Investment Fiduciary. 5.5 25. MAINTAINING RECORDS Prior Trust The Trustee shall maintain accurate records and detailed accounts of all investments, receipts, disbursements and other transactions hereunder. Such records shall be available at all reasonable times for inspection by the Administrator. 4.6 Restatement The Trustee shall maintain accurate records and detailed accounts of all investments, receipts, disbursements and other transactions hereunder at the PARS Trust Level. Such records shall be available at all reasonable times for inspection by the Trust Administrator. 5.12 26. STATEMENTS Prior Trust The Trustee shall render to the Administrator, as soon as practicable after each Plan Year, a statement of the Agency's accounts on the basis of the Trust's accounting period. 4.7 Restatement Periodically and within sixty days after the end of the PARS Trust's fiscal year, the Trustee shall render to the Trust Administrator a written account showing in reasonable summary the investments and other transactions 10 engaged in by the Trustee during the preceding fiscal year with respect to the PARS Trust. 5.13 27. EXCLUSIVE BENEFIT Prior Trust The assets of the Plan and Trust shall never inure to the benefit of the Employer and shall be held for the exclusive purposes of providing benefits to Participants in the Trust and their beneficiaries and defraying reasonable expenses of administering the Trust. The sole exception to the foregoing is a mistake of fact. 6.4 Restatement The Assets of the Agency Trust shall be held for the exclusive purpose of providing benefits to the participants and their beneficiaries of the Member Agency Plan and defraying reasonable expenses of the Plan and shall not be used or diverted to any other purpose. 5.15 28. SELF -DIRECTION OF INVESTMENTS Prior Trust No provision. Restatement The Member Agency may permit the Participants to self -direct the investments in their accounts. If investments are self -directed, neither the Trustee or the Trust Administrator shall be liable for investment losses. In order for the Member Agency to be relieved of investment fiduciary liability, the requirements of California Law including Section 53213.5 of the California Government Code must be met. 5.18 29. MULTIPLE FIDUCIARY RESPONSIBILITIES Prior Trust A fiduciary may serve in more than one fiduciary capacity. 5.1 Restatement A fiduciary may serve in more than one fiduciary capacity. 6.1 11 30. FIDUCIARY DISCHARGE OF RESPONSIBILITIES Prior Trust Except as otherwise provided in the Code, each Fiduciary shall discharge such Fiduciary's duties with respect to the Plan and the Trust solely in the interest of the Participants and Beneficiaries for the exclusive purpose of providing benefits to Participants and Beneficiaries and defraying reasonable expenses of administering the Plan with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of like character and with like aims by diversifying the investments of the Plan and the Trust so as to minimize the risk of loss and to maximize the rate of return, unless under the circumstances it is clearly prudent not to do so. 5.2 Restatement Except as otherwise provided in the Code, each fiduciary shall discharge such fiduciary's duties with respect to the Plan and the trust solely in the interest of the Participants and beneficiaries for the exclusive purpose of providing benefits to Participants and beneficiaries and defraying reasonable expenses of administering the Plan. With the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of like character and with like aims. By diversifying the investments of the Plan and the Trust so as to minimize the risk of loss and to maximize the rate of return, unless under the circumstances it is clearly prudent not to do so. 6.2 31. LIMITATIONS ON FIDUCIARY RESPONSIBILITY Prior Trust To the extent permitted by the Act: a) No Fiduciary shall be liable with respect to a breach of fiduciary duty by any other fiduciary if such breach was committed before such person became a fiduciary or after such person ceased to be a fiduciary. b) Each Fiduciary shall bear only such liability for breach of any fiduciary responsibility as is imposed by the Act and the inclusion in the Trust and the Plan of provisions comparable to those in the Act and/or the Code is intended for the information and guidance of the parties hereto and all fiduciaries and not to increase such fiduciaries' liabilities, responsibilities, 12 duties and obligations by reason of such inclusion, except as required by the Act or the Code. 5.5(a)(b) Restatement To the extent permitted by applicable law: No fiduciary shall be liable with respect to a breach of fiduciary duty by any other fiduciary if such breach was committed before such party became a fiduciary or after such party ceased to be a fiduciary. No fiduciary shall be liable for a breach by another fiduciary unless the non -breaching fiduciary knowingly participates in such a breach, knowingly undertakes to conceal such breach, has actual knowledge of such breach and fails to take reasonable steps to remedy such breach. No fiduciary shall be liable for carrying out a proper direction from another fiduciary, including refraining from taking an action in the absence of a proper direction from the other fiduciary possessing the authority and responsibility to make such a direction, which direction the fiduciary in good faith believes to be authorized and appropriate. 6.3 32. OBLIGATION OF EMPLOYER TO INDEMNIFY Prior Trust The Employer shall indemnify and hold harmless the members of the governingbody, the Administrator, the Trustee (except if Trustee is a bank, trust company or similar institution) and any other persons to whom any fiduciary responsibility with respect to this Trust and the Plan is allocated or delegated from, and against any and all liabilities, costs and expenses incurred by such persons as a result of any act, or omission to act, in connection with the performance of such persons' duties, responsibilities and obligations under the Trust, the Plan and under the Act, other than such liabilities, costs and expenses as may result from the negligence, gross negligence, bad faith, willful misconduct and/or criminal acts of such persons. 5.5(c) Restatement The Trustee shall not be liable for, and Member Agency shall indemnify, defend (as set out in 6.8 of the Trust Agreement), and hold the Trustee (including its officers, agents, employees and attorneys) and other Member Agencies and Alternate Trustees, harmless from and against any claims, demands, loss, costs, expense or liability imposed on the indemnified party, including reasonable attorneys' fees and costs incurred 13 by the indemnified party, arising as a result of Member Agency's active or passive negligent act or omission or willful misconduct in the execution or performance of its duties under the Trust Agreement. 6.4 33. INDEMNIFICATION OF TRUSTEE BY MEMBER AGENCY Prior Trust The adopting Employer agrees to indemnify the Trustee against, and to hold the Trustee harmless from, all liabilities and claims (including reasonable attorneys' fees and expenses in defending against such liabilities and claims) against the Trustee as a result of any breach of fiduciary responsibility by a Fiduciary other than the Trustee unless the Trustee participates knowingly in such breach, knowingly undertakes to conceal such breach, has actual knowledge of such breach and fails to take reasonable remedial action to remedy such breach or, through its gross negligence in performing its own specific fiduciary responsibilities, has enabled such other fiduciary to commit a breach of the latter's fiduciary responsibilities. 5.6 Restatement The Trustee shall not be liable for, and Member Agency shall indemnify, defend (as set out in 6.8 of the Trust Agreement), and hold the Trustee (including its officers, agents, employees and attorneys) and other Member Agencies and Alternate Trustees, harmless from and against any claims, demands, loss, costs, expense or liability imposed on the indemnified party, including reasonable attorneys' fees and costs incurred by the indemnified party, arising as a result of Member Agency's active or passive negligent act or omission or willful misconduct in the execution or performance of its duties under the Trust Agreement. 6.4 34. INDEMNIFICATION OF MEMBER AGENCY BY TRUSTEE Prior Trust The Trustee agrees to indemnify the Employer against, and to hold the Employer harmless from, all liabilities and claims (including reasonable attorneys' fees and expenses in defending against such liabilities and claims) against the Employer as a result of any breach of fiduciary responsibility by a fiduciary other than the Trustee where the Trustee participates knowingly in such a breach, knowingly undertakes to conceal such breach, has actual knowledge of such breach and fails totake reasonable action to remedy such breach, or through its negligence in performing its own specific fiduciary responsibilities has enabled such other fiduciary to commit a breach of the latter's fiduciary responsibilities. 5.7 14 Restatement The Member Agency shall not be liable for, and Trustee shall indemnify, defend (as set out in 6.8 of the trust agreement), and hold the Member Agency (including its officers, agents, employees and attorneys) and other Member Agencies and Alternate Trustees, harmless from and against any claims, demands, loss, costs, expense or liability imposed on the indemnified party, including reasonable attorneys' fees and costs incurred by the indemnified party, arising as a result of Trustee's active or passive negligent act or omission or willful misconduct in the execution or performance of its duties under the Trust Agreement. 6.5 35. INDEMNIFICATION OF TRUSTEE BY TRUST ADMINISTRATOR Prior trust No provision. Restatement The Trustee shall not be liable for, and Trust Administrator shall indemnify and hold the Trustee (including its officers, agents, employees and attorneys) harmless from and against any claims, demands, loss, costs, expense or liability imposed on the indemnified party, including reasonable attorneys' fees and costs incurred by the indemnified party, arising as a result of Trust Administrator's active or passive negligent act or omission or willful misconduct in the execution or performance of its duties under the Trust Agreement. 6.6 36. INDEMNIFICATION OF TRUST ADMINISTRATOR BY TRUSTEE Prior Trust No provision. Restatement The Trust Administrator shall not be liable for, and the Trustee shall indemnify and hold the Trust Administrator (including its officers, agents, employees and attorneys) harmless from and against any claims, demands, loss, costs, expense or liability imposed on the indemnified party, including reasonable attorneys' fees and costs incurred by the indemnified party, arising as a result of the Trustee's active or passive negligent act or omission or willful misconduct in the execution or performance of its duties under the Trust Agreement. 6.7 15 37. INDEMNIFICATION PROCEDURES Prior Trust No provision. Restatement Promptly after receipt by an indemnified party of notice or receipt of a claim or the commencement of any action for which indemnification may be sought, the indemnified party will notify the indemnifying party in writing of the receipt or commencement thereof. When the indemnifying party has agreed to provide a defense as set out above that party shall assume the defense of such action (including the employment of counsel, who shall be counsel satisfactory to such indemnitee) and the payment of expenses, insofar as such action shall relate to any alleged liability in respect of which indemnity may be sought against the indemnifying party. Any indemnified party shall have the right to employ separate counsel in any such action and to participate in the defense thereof, but the fees and expenses of such counsel shall not be at the expense of the indemnifying party unless (i) the employment of such counsel has been specifically authorized by the indemnifying party or (ii) the named parties to any such action (including any impleaded parties) include both the indemnifying party and the indemnified party and representation of both parties by the same counsel would be inappropriate due to actual or potential differing interest between them. The indemnifying party shall not be liable to indemnify any person for any settlement of any such action effected without the indemnifying party's consent. 6.8 38. NO JOINT AND SEVERAL LIABILITY Prior Trust No provision. Restatement This document is not intended to and does not create any joint powers agreement or any joint and several liability. No Member Agency shall be responsible for any contributions, costs or distributions of any other Member Agency. 6.9 39. PERMANENCY Prior Trust The Employer expects that the Trust will be continued indefinitely. 16 However, continuance of the Trust and Plan are not assumed as contractual obligations of the employer. The provisions of the Trust may only be amended as provided in the Trust. 6.1 Restatement Continuation of the Agency's Trust, participation in the PARS Trust Program and continuation of the Plan are not assumed as contractual obligations of the Member Agency. 7.1 40. RIGHT TO AMEND Prior Trust A two-thirds majority of the Employers shall have the right to amend the trust and to amend or cancel any amendment. 6.2(a) Restatement Same. 7.2(a) 41. FORM OF AMENDMENT Prior Trust Such amendments shall be in a writing executed by the amending party and the Trustee. 6.2(b) Restatement Trust Administrator must also execute the amendment(s). 7.2(b) 42. NO DIVERSION Prior Trust No amendment shall cause any of the assets of the Trust to be used for any purpose other than the exclusive benefit of Participants and paying the expenses of administering the Trust. 6.2(b)(1) Restatement Same provision. 7.2(b)(1) 17 43. NO RETROACTIVE EFFECT Prior Trust No amendment shall have any retroactive effect so as to reduce the Benefits of any Participant. 6.2(b)(2) Restatement Same 7.2(b)(2) 44. NO MODIFICATION OF POWERS Prior Trust No amendment shall change or modify the powers, duties or liabilities of the Trustee without its consent. 6.2(b)(4) Restatement Same 7.2(b)(3) 45. ASSETS FOR BENEFIT OF PLAN ONLY Prior Trust The assets of the Trust may not be used for the benefit of any other Plan of the Employer unless the Employer agrees to such use. 6.2(b)(5) Restatement Same. 7.2(b)(4) 46. TERMINATION Prior Trust The participating Employers have the right to terminate the PARS Trust by a unanimous vote of all Employers. 6.3 Restatement The PARS Trust may only be terminated by a unanimous vote of all Member Agencies. 7.7 18 MEETING DATE 05/02/00 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 4 ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH DON ILER, AIA, FOR SITE PLAN EVALUATIONS/BUDGETARY ESTIMATES FOR THE HEADQUARTERS FIRE STATION PREPARED BY Walter Amedee, DEPARTMENT Fire Management Analyst II EXPLANATION A CDBG Project was approved for Fiscal Year 1999/00 entitled "New Fire Station" with funding of $50,000. The purpose of the CDBG FY 1999/00 Project was to study Fire Department Space Needs, complete a HUD Section 108 Loan application, and related tasks associated with the preliminary stages of analyzing the replacement of the Headquarters Fire Station. Phase I of the Fire Station Project included the completion of a "Fire Department Space Needs Analysis". Phase II of the Fire Station Project included the completion of a "Site Plan Evaluation/Budgetary Estimates". On November 23, 1999, Council reviewed the initial findings of the Fire Department Space Needs Study and directed Staff to include the reuse of the existing facility in the planning process, which generated the need to complete a seismic evaluation of the existing fire station. On April 4, 2000, Council directed Staff to include the utilization of one hundred percent (100%) of the existing fire station site and building with adjoining properties to the immediate west, 15th Street to the north, and the existing Multi -Cultural Center site and building. This additional analysis will consider the use of the existing Multi -Cultural Center and fire station buildings and properties in their entirety. The revised Site Plan "C-1" will show the fire station with an attempt to utilise as much of the existing Multi -Cultural Center and fire station building spaces as possible. To accomplish this task Staff is recommending approval of an agreement with Don Her, AIA, for the completion of Phase III of the Fire Station Study, which will provide a revision of "Site Plan Evaluation/Budgetary Estimates" for Site Plan "C-1". Mr. Her will provide a short written overview and recommendations regarding phased construction for both Site Plan "A" and revised Site Plan "C-1", and seismic analysis including cost estimates to retrofit the existing fire station and Multi -Cultural Center to essential building standards. Mr. Her completed Fire Station Study Phases I and II under a previous contract approved on September 7,1999. Environmental Review X N/A Financial Statement Approved By: Contract funding approved FY 1999/00 CDBG Program Project Finance Director Title "New Fire Station" and Fire Operations Budget. 301-409-500-598-1566 Accot J-125-299-0000 STAFF RECOMMENDATION Approve Resolution authorizing the Mayor to sign an agreement for consulting services with Don Iler, AIA. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 2000-54 1. Resolution authorizing the Mayor to sign an agreement with Don Iler, AIA, for Fire Station Site Plan Evaluation/Budgetary Estimates. 2. Contract for consulting services, Fire Station Site Plan Evaluation/Budgetary Estimates. A-200 (999) RESOLUTION NO. 2000 — 54 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH DON ILER, AIA, FOR SITE PLAN EVALUATIONS AND BUDGETARY ESTIMATES FOR THE FIRE STATION HEADQUARTERS WHEREAS, on April 4, 2000, the City Council directed Staff to include the utilization of the existing fire station site and building with adjoining properties in Phase III of the site review for the New Fire Station Project; and WHEREAS, the City has determined that Don Iler, MA, is qualified by experience and ability to perform the services desired by the City, and is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Don Iler, AIA, for site plan evaluations and budgetary estimates for the fire station headquarters. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 2°a day of May, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND DON ILER, ARCHITECT FOR CONSULTING SERVICES — FIRE STATION SITE PLAN EVALUATIONBUDGETARY ESTIMATES THIS AGREEMENT is entered into this 2nd day of May, 2000 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Don Iler, Architect (the "ARCHITECT"). RECITALS WHEREAS, the CITY desires to employ the ARCHITECT to complete Phase III of the site review for a Fire Station Headquarters facility. WHEREAS, the CITY has determined that the ARCHITECT specializes in the design of Fire Stations and is qualified by experience and ability to perform the services desired by the CITY, and the ARCHITECT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF ARCHITECT. The CITY hereby agrees to engage the ARCHITECT and the ARCHITECT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The ARCHITECT represents that all services required hereunder will be performed directly by the ARCHITECT or under direct supervision of the ARCHITECT. 2. SCOPE OF SERVICES. The ARCHITECT will perform services as set forth in the attached Exhibit A. The ARCHITECT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The ARCHITECT shall appear at meetings cited in Exhibit B to keep staff and City Council advised of the progress on the project and coordinate project activities. The CITY may unilaterally, or upon request from the ARCHITECT, from time to time reduce or increase the Scope of Services to be performed by the ARCHITECT under this Agreement. Upon doing so, the CITY and the ARCHITECT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 15% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Fire Chief hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The ARCHITECT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the ARCHITECT. Don Iler thereby is designated as the Project Director for the ARCHITECT. 4. COMPENSATION AND PAYMENT. The compensation for the ARCHITECT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shall not exceed the schedule given in Exhibit C (the Base amount). Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The ARCHITECT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit D. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the ARCHITECT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the ARCHITECT assigns to the CITY and thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The ARCHITECT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The ARCHITECT may retain one (1) copy of all documents for his/her records. The ARCHITECT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the ARCHITECT's written work product for the CITY's purposes, and the ARCHITECT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the ARCHITECT shall relieve the ARCHITECT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. The ARCHITECT is not an employee of Page 2 the CITY and is not entitled to any of the rights, benefits, or privileges of the CITY' s employees, including but not limited to medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the ARCHITECT and the ARCHITECT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the ARCHITECT and its employees. Neither this Agreement nor any interest herein may be assigned by the ARCHITECT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the ARCHITECT from employing or hiring as many employees as the ARCHITECT may deem necessary for the proper and efficient performance of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the ARCHITECT or any of the ARCHITECT's employees except as herein set forth, and the ARCHITECT expressly agrees not to represent that the ARCHITECT or the ARCHITECT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the ARCHITECT, its agents, servants, and employees are as to the CITY wholly independent CONTRACTORS and that the ARCHTTECT's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The ARCHITECT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City now in force. The ARCHITECT, and its subARCHITECTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. LICENSES, PERMITS, ETC. The ARCHITECT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The ARCHITECT represents and covenants that the ARCHITECT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the ARCHITECT to practice its profession. 11. STANDARD OF CARE. A. The ARCHITECT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. The CITY expects that the ARCHITECT shall take all special precautions necessary to protect the ARCHITECT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. The ARCHITECT warrants to the CITY that it is not now, nor has it been for the five (5) years preceding, involved in arbitration or litigation concerning the ARCHITECT's professional performance or the furnishing of materials or services relating thereto. C. The ARCHITECT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the ARCHITECT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the Page 3 ARCHITECT has notified the CITY otherwise, the ARCHITECT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the ARCHITECT to use due diligence under this sub -paragraph will render the ARCHITECT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The ARCHITECT will not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The ARCHITECT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The ARCHITECT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the ARCHITECT certain confidential information to enable the ARCHITECT to effectively perform the services to be provided herein. The ARCHITECT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The ARCHITECT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the ARCHITECT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the ARCHITECT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the ARCHITECT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The ARCHITECT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the ARCHITECT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. ARCHITECT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The ARCHITECT agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees and volunteers, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way to the Page 4 extent resulting from or arising out of the ARCHITECT's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The ARCHITECT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the CITY and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the ARCHITECT under this Agreement. 16. INSURANCE. The ARCHITECT, at its sole cost and expense, shall purchase and maintain throughout the term of this agreement, the following insurance policies: A. Professional liability insurance with minimum limits of $1,000,000 per claim. B. Automobile insurance' covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of, $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of its employees and volunteers. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation, except for non-payment of premium, ten (10) days prior written notice. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the ARCHITECT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement, except for Professional Liability Insurance. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have "been complied with, are filed with and approved by the CITY's Risk Manager. If the ARCHITECT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat Page 5 the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation may be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing if mutually agreed to by the parties. Any award rendered shall be fmal and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 30-day written notice to the ARCHITECT. During said 30-day period the ARCHITECT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the ARCHITECT in connection with the formation of this Agreement or the 'performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the ARCHITECT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the ARCHITECT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the ARCHITECT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages Page 6 caused the CITY by the ARCHITECT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the ARCHITECT; (2) a reorganization of the ARCHITECT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the ARCHITECT. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: City of National City Fire Department Attention: Randy Kimble, Fire Chief 333 E 16`h Street National City, CA 91950 To the ARCHITECT: Don Her -Architect 13 Bridington Laguna Niguel, CA 92677 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the ARCHITECT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The ARCHITECT also agrees not to specify any product, treatment, process or material for the project in which the ARCHITECT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The ARCHITECT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The ARCHITECT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the ARCHITECT has a financial interest as defined in Government Code Section 87103. The ARCHITECT Page 7 represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. If checked, the ARCHITECT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the ARCHITECT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the ARCHITECT shall obtain from the City Clerk. The ARCHITECT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the ARCHITECT. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) Page 8 each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY ARCHITECT By By: George Waters, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney Don Iler, Architect Page 9 Exhibit A SCOPE OF WORK PHASE III — SITE PLAN EVALUATIONBUDGETARY ESTIMATES TASK 1.1 GENERATE REVISED SITE PLANS Consultant will generate a total of two (2) 11 x 17 sketch revised concept site plans, "C-1" and "C-2", based on Site Plan "C". The revised concept site plan "C-1" will include the utilization of one hundred percent (100%) of the existing Fire Station site with adjoining properties to the immediate West and 15th Street to the North. The existing Multi -Cultural Center and Fire Station buildings, in their entirety, will be considered in these Site Plans. The revised Site Plan "C-I" will show the Fire Station with an attempt to utilize as much of the existing Multi -Cultural Center & Fire Station Building spaces as possible. Building footprint, ingress/egress, parking, landscape areas and any other major site features. Opportunities/constraints (pros/cons) will be generated in text for each of the revised concept Site Plans. The revised concept Site Plan "C-2" will include the same study parameters described above excluding the Osborne Properties to the immediate West. The revised Site Plan "C-2" will show the Fire Station and Multi -Cultural Center building footprints, ingress/egress, parking, landscape areas and any other major site features. Opportunities/constraints (pros/cons) will be generated in text for the revised concept site plan. TASK 1.2 HOLD SITE EVALUATION PROGRESS MEETING Consultant will meet with the Fire Department Project Committee to present rough draft concept site plan and evaluation of the site. Comments/input received will be incorporated into the final concept site plan exhibits and site evaluation text. TASK 1.3 SEISMIC ANALYSIS Consultant will provide seismic analysis including cost estimates to retrofit the existing Fire Station and Multi -Cultural Center to essential building standards by June 9, 2000. TASK 1.4 PHASED CONSTRUCTION OVERVIEW OF SITE PLANS Consultant will provide a short written overview of his thoughts and recommendations regarding phased construction for both Site Plan "A" and revised Site Plan "C-1". TASK 1.5 PRELIMINARY BUDGETARY COST ESTIMATES Consultant will provide a design cost estimate for Site Plans "C-1" and "C-2". The estimates will be broad in nature (not detailed) to provide initial budgetary design costs. Page 10 TASK 1.6 HOLD FINAL SITE EVALUATION/BUDGETARY ESTIMATE REVIEW/APPROVAL MEETING Consultant will meet with the Fire Department Project Committee to present the final Site Evaluation/Budgetary Estimate exhibits and findings. TASK 1.7 CITY COUNCIL PRESENTATION Consultant will present the study report and exhibits to the City Council for their review/approval. Page 11 Exhibit B MEETING SCHEDULE 1. Fire Department Fire Station Committee 2. Report on Phase III of Fire Station study with City Council. (4th QTR FY 1999-00) Page 12 Exhibit C FEE SCHEDULE PHASE III Architectural Cost Estimation (two (2) estimates total — Task 1.5) Seismic Analysis Headquarters Fire Station Multi -Cultural Center A fixed fee of $7,480.00 A fixed fee of $2,280.00 A fixed fee of $8,250.00 A fixed fee of $5,500.00 Reimbursement Budget Not To Exceed $1,000.00 *TOTAL PHASE III FEE $24,510.00 *Reimbursable Expenses: Reimbursable Expenses are in addition to compensation for basic services and include expenses incurred by the Consultant and Consultant's employees and Subconsultants in the interest of the project identified as follows: Mileage, long distance communications, reproductions, plotting costs, postage and handling, and deliveries; and will be charged at a multiple of one point two (1.2) times the direct cost of the expense to an estimated maximum of $1,000.00 without prior written authorization received from the City. Additional Services: For additional or hourly services of Consultant requested by the City, (including additional meetings if requested) not included above, compensation will be billed hourly per the following schedule: Don Iler $110.00 per hour Draftsperson $ 50.00 per hour Clerical $ 45.00 per hour For additional services of Subconsultants, a multiple of one and two tenths (1.2) times the amounts billed to the Consultant will be charged for such services. Page 13 Exhibit D PLAN SCHEDULE Complete revised concept site plan (May 2000) Complete design cost estimate. (May 1, 2000) Report on study and seek confirmation of Project Site Plan with City Council. (June 20, 2000) Page 14 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 05/02/00 AGENDA ITEM NO. 5 ITEM TITLE WARRANT REGISTER 143 PREPARED BY EXPLANATION. ROBERT A. RABAGO DEPARTMENT FINANCE Ratification of Warrant Register #43 per Government Section Code 37208. Environmental Review Financial Statement N/A N/A Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $736,182.38 BOARD COMMISSI,• N R 0 : MENDATION ATTACHMENTS (Listed Below) Resolution No 1. Warrant Register 143 2. Workers' Comp Warrant Register dated 04/19/00 3. Payroll dated 04/26/00 A-200 (Rev. 9/80) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 2, 2000 AGENDA ITEM NO. 6 ITEM TITLE CLAIM FOR DAMAGES: Lydia Medina PREPARED BY Michael R. Dalla, CMC 741 DEPARTMENT City Clerk EXPLANATION. The claim of Lydia Medina arises from an occurrence on February 3, 2000 and was filed with the City Clerk's Office on March 28, 2000 Environmental Review N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. Copy of Claim for Damages A•200 (Rev. 9/80) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 2. 2000 AGENDA ITEM NO. 7 ITEM TITLE STREET TREE COMMITTEE MINUTES PREPARED BY J. Ruiz EXPLANATION. Removal requests: DEPARTMENT PARKS & RECREATION 3026 Cagle Requests removal of bottlebrush tree due to sidewalk damage. Committee recommends removal upon payment of $34 and replacement tree be planted in front yard arrin park. 1112 E. 2nd Requests removal of two pine trees. Trees are directly over water meter and into power lines. Committee recommends removal upon payment of $68 and replaced with more: suitable tree. 2806 L Avenue Requests removal of podocarpus trees due to severe sidewalk damage. Committee recommends removal and replaced with four trees upon payment of $136. Environmental Review xx N/A Financial Statement Funds available in account 105-442-000-331-0000 f)--) Account STAFF RECOMMENDATION Approve Minutes BOARD/COMMISSION RECOMMENDATION Approval ATTACHMENTS (Listed Below) Resolution No Street Tree Minutes A-200 (Rev. 9/80) City of National City Parks & Recreation Department 140 East Twelfth Street, Suite A, National City, CA 91950-3312 (619) 336-4290 MINUTES OF THE STREET TREE COMMITTEE MEETING HELD ON APRIL 20, 2000 Called to order at 2:05 p.m. Roll Call - • Present: Keen, Schwitkis, Sotelo. • Staff: Ruiz Tree Removal Requests: • Tom Darby 3026 Cagle Street Requested removal of bottlebrush tree due to sidewalk damage. Committee recommends removal upon payment of $34 for replacement. Replacement tree to be planted in front yard or in a park • Grace Marvin 1112 E. 2 " Street Requested removal of 2 pine trees. Trees are directly over water meter and into the power lines. Committee recommends removal upon payment of $68 and replaced with more suitable street trees. • Humberto Tones 2806 L Avenue Requested removal of podocarpus trees due to severe sidewalk damage. Committee recommends removal and replaced with 4 trees upon payment of $136. Adjourned at 2:18 p.m. CA-4"Th r. JIM RLJ1Z U Parks & Recreation Director Qc Recycled Paper MEETING DATE May 2, 2000 City of National City, California COUNCIL AGENDA STATEMENT 8 AGENDA ITEM NO. / ITEM TITLE AN ORDINANCE AMENDING TO CHAPTER 7.06 OF THE NATIONAL CITY MUNICIPAL CODE REGARDING THE REGULATION OF ABANDONED BUIL DINGS PREPARED BY Kat EXPLANATION e nTrees - A7 DirectorDEPARTMENT Building and Safety On May 2, 2000 the City Council conducted a public hearing to receive input on the proposed ordinance. The staff report is attached. Environmental Review X N/A Financial Statement Account No. STAFF RECOMMENDATION Introduce the Ordinance. BOARD / COMMISSION RECOMMENDATION The Advisory and Appeals Board and the CDC Housing Committee voted to recommend approval of the Code amendment. ATTACHMENTS ( Listed Below ) Staff Report Proposed Ordinance Advisory and Appeals Board Resolution Resolution No. A-200 (9/80) STAFF REPORT AN ORDINANCE AMENDING TITLE 7 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 7.06 RELATING TO ABANDONED BUILDINGS AND FACILITIES. BACKGROUND: In 1995 the City Council adopted Chapter 7.06 of the National City Municipal Code to regulate abandoned buildings. Vacant buildings tend to attract vagrants, transients, drug and other criminal activity, and have a documented history of fires. In addition, they are often not maintained, accumulate trash, junk and debris resulting in infestations of rats and other vermin. City staff identifies the abandoned buildings, notifies the owners and has the buildings boarded. Staff then monitors the buildings to make sure that they remain boarded. In spite of the City's efforts, abandoned buildings continue to be a blight to the city. Boarding the buildings addresses the problem of transients, however the owner will board the building and a short time later the boards are taken off and the transients return. The City then notifies the owner again and the cycle continues. Many of these buildings are also unsightly. The exterior of the building and the yards are not regularly maintained. To address the continuing problems associated with these buildings the Development Services Group consisting of staff from the Fire, Police, Planning, Engineering, and Building Departments and the City Attorney and Community Development Commission met to discuss the problem of abandoned buildings in National City. This group felt that revisions in the current law are necessary to address the problems. Many of the changes are editorial in nature. Other changes address the additional problems associated with the appearance of the property and give the City the ability to purchase the property if the owners desire. SUMMARY OF CHANGES Section 7.06.010 D This section states that loose paint is a health and safety hazard. This change came as a result of the awareness of the dangers of lead based paint for the children. Due to the age of many of the houses in National City the presence of lead based paint is a possibility. Maintaining the exterior paint of the building will prevent children from ingesting lead paint, which has peeled or chipped off and fallen to the ground. Not only will maintaining the exterior paint prevent possible injury to children, it will enhance the appearance of the building. Section 7.06.030 The actual specifications for boarding the structure are now incorporated into this section. The specifications state the type of attachment and the thickness of the boards. In addition, it states that the boards must be painted the predominate color of the structure. For commercial structures opaque window coverings may now be used in lieu of boards and long as the windows are not broken. Also added in this section is the requirement for the property owner to maintain the property free of weeds, litter and rubbish. Section 7.06.090 The previous ordinance established a vacant building monitoring fee, however, an amount was not determined. This section now sets the fee at $100 a year. This will allow the Building and Safety Department to recover the cost of inspecting the building four times per year. These inspections are necessary to prevent the removal of the boards and to notice the owner if the exterior and yard are not maintained. Section 7.06.120 This section establishes a revolving fund account, which the City may use to purchase abandoned buildings, which the owner wishes to sell. Currently the owner has three options once he is notified. He can 1) fix the building and board or occupy it, 2) pay the fines and/or go to jail or 3) if the owner cannot afford to fix the property, he has the option to apply for a rehabilitation loan with the CDC. This section of the ordinance will give the owner a fourth option after they have failed to comply with any of the above options. If the owner wishes to sell the property to the City the property will be appraised and the City will purchase the property. In order for the City to purchase properties a fund is proposed. The Spot Blight Removal Fund would be initially funded with matching City and CDC funds. The City funds would come from the sale of surplus land at Clairmont Ave. near Melrose St. The CDC funds will come from the sale of land at 16th St and Euclid Ave. and the low -mod housing fund. After the initial funding, additional funds would be generated from the sale of the abandoned property after the building is demolished. Matching funds would be appropriate since the abandoned buildings occur both inside and outside the Redevelopment Area. The ordinance was reviewed by the Advisory and Appeals Board and the CDC Housing Committee and approved. ORDINANCE NO. 2000- AN ORDINANCE AMENDING TITLE 7 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 7.06 RELATING TO ABANDONED BUILDINGS AND FACILITIES BE IT ORDAINED by the City Council of the City of National City that Title 7 of the Municipal Code is amended as follows: Section 1. That the Chapter 7.06 is amended in its entirety to read as follows: Chapter 7.06 ABANDONED BUILDINGS AND FACILITIES* Sections: 7.06.010 Purpose and intent —Findings 7.06.020 Definitions. 7.06.030 Abandoned buildings —Barricading. 7.06.040 Abandoned buildings —Nuisance —Abatement. 7.06.050 Demolition and restoration required. 7.06.060 Evacuating and barricading damaged buildings. 7.06.070 Abandoned furniture and other materials. 7.06.080 Maintenance and rehabilitation of boarded or vacant buildings. 7.06.090 Vacant building monitoring fee. 7.06.100 Administrative penalty. 7.06.110 Nuisance —Criminal penalty. 7.06.120 Demolition and blight removal account 7.06.010 Purpose and intent —Findings. It is the purpose and intent of the City Council to establish procedures to minimize or eliminate blight and adverse threats to the public health, safety and welfare caused by improper maintenance of abandoned or vacant structures, and to establish penalties and enforcement mechanisms to bring such properties into compliance. The City Council finds and determines that: A. Vacant buildings which have become unsecured or dilapidated, or which are partially destroyed for an unreasonable period of time, attract undesirable individuals including vagrants and criminals who use the buildings for illicit drug activity and other unlawful purposes. Noncodified list of cross-references: Abandoned Wells - NCMC Chapter 14.20 Abandoned Vehicles - NCMC Chapter 11.48 Removal of Signs from Abandoned Buildings -NCMC Section 18.62.060 Uniform Building Code -NCMC Title 15 Uniform Code for Abatement of Dangerous Buildings -NCMC Title 15 Uniform Fire Code - NCMC Title 15 Abandoned Appliances - California Penal Code 2000 Ordinance Abandoned Facilities Chapter 7.06 B. The existence of vacant buildings which have become unsecured or dilapidated, or which are partially destroyed for an unreasonable period of time, or which have been damaged by fire or decay or otherwise, and which cannot be repaired so as to conform to the requirements of Title 15 of this code, creates blight, which often spreads to surrounding areas. C. The existence of vacant buildings which have become unsecured or dilapidated, or which are partially destroyed for an unreasonable period of time, or which have been damaged by fire or decay or otherwise and cannot be repaired so as to conform to the requirements of Title 15 of this code, constitutes a threat to the public health, safety and welfare, because such conditions invite vandalism, arson, drug dealing, other crime problems and fire hazards, and create unsightliness and blight that depreciates property values. D. The existence of vacant buildings which become unsightly because of deteriorated, weathered, chipped, cracked, or peeled paint creates an economic disincentive to the value of surrounding property. Paint that is loose or falling to the ground causes a potential health and safety violation due to possible lead -based paint that could be ingested by children, causing sickness, mental retardation, and possibly death. E. Unless corrective measures are undertaken to cure and prevent such public nuisances, such serious threats to the public health, safety and welfare will continue to exist. Therefore, the need to correct such conditions is sufficiently great so as to outweigh the potential benefits of inaction, if any, to the owners of such vacant buildings. 7.06.020 Definitions. For the purposes of this chapter, "abandoned building" means a building that is vacant, and which: A. Has become unsecured or dilapidated; or B. Is partially destroyed and remains so for a period in excess of six months; or C. Has been damaged by fire, decay or otherwise, and cannot be repaired so as to conform to the requirements of Title 15 of this code; or D. Because of its physical condition invites vandalism, arson, drug dealing, and other crime problems; or E. Because of its physical condition constitutes a refuge for vagrants; or F. Because of its physical condition constitutes a fire hazard; or G. Because of its physical condition creates blight and depreciates surrounding property value; or H. Has been determined by the director of building and safety to constitute a "dangerous building" as defined in the Uniform Code for the Abatement of Dangerous Buildings, as adopted pursuant to Title 15 of this code; or I. On at least three occasions within a twenty -four -month period, has been barricaded and thereafter became unsecured so that persons could enter it. 7.06.030 Abandoned buildings —Maintenance and barricading. A. Any abandoned building shall be substantially barricaded by its owner in a manner specified by the director of building and safety to prevent unauthorized entry. B. All gas and electric utility services shall be disconnected within five days of vacation of a building. Reconnections will require approval by the department of building and safety. 2000 Ordinance 2 Abandoned Facilities Chapter 7.06 C. Unauthorized entry into or occupancy of an abandoned building is prohibited. D. Specifications and orders by the director of building and safety for barricading a building may include any of the following: 1. Boarding of doorways, crawl spaces, windows and openings are to be accomplished by use of one-half inch (1/2") or thicker exterior grade plywood, fastened by lag screws or one-way bolts to the frame or a cross brace, or both; 2. All barricades shall be painted to match the dominant exterior color of the elevation of the building on which the barricade is placed. The dominant exterior color shall be that color that occupies at least 60% of the particular elevation; 3. In the case of commercial buildings located on main or secondary thoroughfares, opaque window coverings may be allowed by the director in lieu of a barricade, provided all the windows are maintained, and, if broken or cracked, replaced within 72 hours. The director may require broken or cracked windows to be replaced in lieu of barricading. E. Abandoned buildings shall be maintained free of weeds, litter and rubbish at all times. Violations shall be abated and cost recovery allowed as provided in this chapter and related chapters for abatement of public nuisances. 7.06.040 Abandoned buildings —Nuisance —Abatement. Any building determined by the director of building and safety to be an "abandoned building" under the provisions of this chapter, is a public nuisance and shall be abated in accordance with the procedures for abatement of public nuisances and recovery of costs therefor set forth in Chapter 1.36 of this code. The Uniform Code for the Abatement of Dangerous Buildings may be used where the building qualifies as a "dangerous building" under that code. 7.06.050 Demolition and restoration required. All work requiring a demolition permit pursuant to Title 15 of this code shall include the required removal of all foundations and basements and restoring the site to natural grade and condition. Failure to comply with such a permit or any order by the director of building and safety is a violation of this chapter. 7.06.060 Evacuating and barricading damaged buildings. The director of building and safety may order and/or accomplish the immediate evacuation and barricading of any building thought to be structurally damaged by seismic activity, wind, tsunamis, flooding, decay, structural failure, dysfunction of sanitation systems or infestations of insects or vermin wherein persons therein would be endangered. The director may employ the provisions of Chapter 1.36 or other provisions of law allowing for summary abatement, when necessary. 7.06.070 Abandoned furniture and other materials. A. Any furniture, appliances, clothing, signs, or new or used materials of any sort placed upon private, property without specific permission of the property owner or tenant, or upon public property without specific permission of the agency to whom the property belongs, is deemed to be abandoned. B. Property owners including public agencies, upon giving reasonable notice to the owners of such materials where that is possible, may take possession of such abandoned materials and dispose of them in accordance with law. C. Upon receipt of notice by the city that abandoned materials are present on private property, the owners of the materials or the property shall promptly remove them. Failure to comply with such notice is a violation of this code. 2000 Ordinance 3 Abandoned Facilities Chapter 7.06 7.06.080 Maintenance and rehabilitation of boarded or vacant buildings. A. Except as provided in subsection C of this section, the owner of any boarded building, whether boarded by voluntary action of the owner or as a result of enforcement activity by the city, shall cause the boarded building to be rehabilitated for occupancy within ninety days after the building is boarded. B. Except as provided in subsection C of this section, no person shall allow a building designed for human use or occupancy to stand vacant for more than ninety days. C. An owner may permit a building to be boarded without being rehabilitated for occupancy or to stand vacant for more than ninety days provided, that one of the following conditions applies: 1. The building is the subject of an active building permit for repair or rehabilitation and the owner is progressing diligently to complete the repair or rehabilitation; or 2. The building meets all codes, does not contribute to blight, is ready for occupancy, and is actively being offered for sale, lease, or rent; or 3. The director of building and safety determines that the building is not likely to contribute to blight because the owner is actively maintaining and monitoring the building. Active maintenance and monitoring shall include: a. Maintenance of landscaping and plant materials in good condition, b. Maintenance of the exterior of the building, including but not limited to paint and finishes, in good condition, c. Regular removal of all exterior trash, debris, and graffiti, d. Maintenance of the building in continuing compliance with all applicable codes and regulations, e. Prevention of criminal activity on the premises, including but not limited to use and sale of controlled substances, prostitution and criminal street gang activity. 7.06.090 Vacant building monitoring fee. A. Fee Imposed. There is imposed upon every owner of a vacant building an annual building monitoring fee in an amount of $100. The fee shall be periodically reviewed and adjusted by resolution of the city council. The fee shall not exceed the estimated reasonable costs of monitoring the vacant building. The fee shall be payable as to any residential or nonresidential building which: 1. Is boarded up by voluntary action of the owner or as the result of enforcement activity by the city; or 2. Is vacant for more than ninety days for any reason B. Fee Waiver. The vacant building monitoring fee shall be waived by the director of building and safety upon a showing by the owner that: 1. The owner has obtained a building permit and is progressing diligently to repair the premises for occupancy; or 2. The building meets all applicable codes and is actively being offered for sale, lease or rent; or 3. Imposition of the fee would impose a substantial economic hardship on the owner or would hinder the rehabilitation of the building. C. Procedure. 1. The vacant building monitoring fee shall be billed to the owner of the property and mailed to the owner's address as set forth on the last equalized assessment roll of the county assessor. 2000 Ordinance 4 Abandoned Facilities Chapter 7.06 2. Any owner billed may apply for a waiver for the grounds set forth in subsection B of this section by submitting a written statement of the grounds for the waiver, together with the owner's daytime telephone number, to the director of building and safety within thirty days after the billing is mailed to the owner. The director of building and safety shall review the written statement and may contact the owner to discuss the application of the waiver. The director of building and safety shall prepare a written decision regarding the waiver request, which shall be mailed to the owner. 3. An owner aggrieved by the decision of the director of building and safety relating to an application for a waiver may appeal the director's decision to the advisory and appeals board by submitting a written notice of appeal to the director of building and safety as set forth in Section 15.04.060 of this code. The decision of the board shall be final. 4. If the fee is not paid within sixty days after billing, or within sixty days after the decision of the director of building and safety or the advisory and appeals board becomes final, the city council may thereupon order that the fee be specially assessed against the property, it shall confirm the assessment and thereafter order said assessment to be collected at the same time and in the same manner as ordinary real property taxes are collected. The assessment shall be subject to the same penalties and the same procedure and sale in the case of delinquency as is provided for ordinary real property taxes. All laws applicable to the levy, collection, and enforcement of real property taxes are applicable to the special assessment. 7.06.100 Administrative penalty. A. Administrative Penalty Imposed Any owner of a building which remains boarded in violation of Section 7.06.080(A) or any owner of a building which remains vacant in violation of Section 7.06.080(B) shall be liable for an administrative penalty in an amount not to exceed two hundred fifty dollars per building for the first violation. If the building is not brought into compliance within thirty (30) days following notification, the owner shall be liable for an administrative penalty not to exceed five hundred dollars per building, for the second and all subsequent violations. Each succeeding thirty (30) day period when the building remains in violation shall constitute a new violation. B. Action by Advisory and Appeals Board. The administrative penalty shall be imposed by the advisory and appeals board upon the recommendation of the director of building and safety after the owner shall have been afforded a hearing before the board. The hearing shall be conducted in accordance with the appeal provisions of Section 15.04.060 of this code. In setting the penalty, the board shall consider the severity of the blighting conditions on the property and the owner's efforts, or lack thereof, to remedy the problem. The decision of the board shall be final. C. Penalty —Payment. The administrative penalty shall be due and payable within thirty days after the decision of the board. If the penalty is not paid within forty-five days after the decision of the board, the city council may thereupon order the penalty be a personal obligation of the property owner or that it be specially assessed against the property involved, or both. If the city council orders that the penalty be specially assessed against the property, it shall confirm the assessment and thereafter said assessment may be collected at the same time and in the same manner as ordinary real property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary real property taxes. All laws applicable to the levy, collection, and enforcement of real property taxes are applicable to the special assessment. 2000 Ordinance 5 Abandoned Facilities Chapter 7.06 The City Council may also cause a notice of lien to be recorded. The notice shall, at a minimum, identify the record owner or possessor of the property and set forth the last known address of the record owner or possessor, the date on which the penalty was imposed by the board, a description of the real property subject to the lien, and the amount of penalty. The notice of lien shall be recorded without payment of fee. D. Penalty waiver. The administrative penalty shall be waived if the advisory and appeals board finds that imposition of the penalty would create a substantial economic hardship on the owner, would hinder the rehabilitation of the building, or the owner rehabilitates the property within a designated period of time. E. Right of Judicial Review. Any person aggrieved by a decision of the advisory and appeals board or City Council may obtain judicial review of said decision by filing an appeal to be heard by the San Diego County Superior Court in accordance with the timelines and provisions set forth in California Government Code Section 53069.4. 7.06.110 Nuisance Criminal penalty. In addition to the administrative penalties specified in Section 7.06.100, the owner, occupant, or agent of any lot or premises within the city who permits or allows the existence of an abandoned building as defined in this chapter, or who violates any mandatory provision or prohibition of this chapter upon any lot or premises owned, occupied, or controlled by said person, is guilty of a misdemeanor and upon conviction thereof is punishable as prescribed in Section 1.20.010. 7.06.120 Demolition and blight removal account. The City shall establish a revolving fund account designated for "Demolition and Blight Removal". The City may use this fund for the purchase of blighted or abandoned property or buildings maintained in violation of this chapter. Any person maintaining a building in violation of this chapter may offer the property for sale to the City at the property's fair market value. All fees, costs and expenses shall be borne by the buyer and seller according to customary real estate sales practice. The City shall pay for the property appraisal necessary to establish the fair market value based on the condition of the property, to be performed by an appraiser acceptable to both parties. The City may enter into separate arrangements with other public entities for acquisition, management and disposition of the property. PASSED and ADOPTED this day of , 2000. George H. Waters, Mayor ATTEST: APPROVED AS TO FORM: Alt Michael R. Dalla, City Clerk George H. Eiser, III City Attorney 2000 Ordinance 6 Abandoned Facilities Chapter 7.06 RESOLUTION 2000-2 A RESOLUTION OF THE ADVISORY AND APPEALS BOARD OF THE CITY OF NATINAL CITY RECOMMENDING ADOPTION BY THE CITY COUNCIL OF THE AMENDMENTS TO CHAPTER 7.06 OF THE NATIONAL CITY MUNICIPAL CODE WHEREAS, the Advisory and. Appeals Board of the City of National City at its meeting of February 17, 2000, after proper notification, conducted a hearing to consider the recommended amendments to Chapter 7.06 of the National City Municipal Code; and WHEREAS, the amendments are necessary to improve the enforcement ability of the city when abandoned buildings are identified; and WHEREAS, the amendments are necessary to allow the owners of an abandoned building to offer the building for sale to the city at fair market value; and WHEREAS, after review and discussion, the Board determined that the amendments submitted be approved and forwarded to the City Council with a recommendation for adoption by the City Council. NOW, THEREFORE, BE IT RESOLVED that the Advisory and Appeals Board recommends approval of the code amendments as submitted, and that such amendments be adopted by the City Council. PASSED AND ADOP 1bD THE 17th day of February 2000. ATTEST: Ka een Trees, A/Building & Safety Director APPIZOVE15. 0 FORM: olph f d' c , Senior Assistant (Pity Attorney City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla - City Clerk (619) 336-4226 Fax (619) 336-4376 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a public hearing after the hour of 3:00 p.m., Tuesday, May 2, 2000, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, to consider: A PROPOSED ORDINANCE AMENDING TITLE 7 OF 'I H NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 7.06 RELATING TO ABANDONED BUILDINGS AND FACILITIES Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or. someone else raised at the public hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the public hearing. DATED: April 18, 2000 Michael R. Dalla City Clerk City of National City Paner MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT May 2, 2000 AGENDA ITEM NO. 9 ITEM TITLE REQUEST FOR COUNCIL DIRECTION REGARDING THE FUTURE USE OF THE BUILDING PREVIOUSLY OCCUPIED BY THE PILIPINO AMERICAN COMMUNITY CENTER OF NATIONAL CITY PREPARED BY Stephen Kirkpatrick DEPARTMENT Public Works/Engineering EXPLANATION The City has received requests from three entities requesting the use of the building previously occupied by the Pilipino American Community of National City (PACNC). The attached memorandum gives a brief history of the facility and details each of the three requests. Staff is seeking direction from the City Council regarding the future use of the facility. Environmental Review X N/A Financial Statement None at this time. Account No.. STAFF RECOMMENDATI N It is recommended that Cit ouncil :'rovtae directi to staff regarding the future use of the building previously occupied by PACNC. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Memo dated April 20, 2000 A-200 (9/80) City of National City Office of the City Engineer 1243 National City Blvd., National City, California 91950-4397 (619) 336-4380 April 20, 2000 To: Tom McCabe, City Manager From: Burton S. Myers, Acting Public Works Director/City Engineer Subject: PACNC Building Brief History of the Building: The Building was originally used for the National City Girls Club and served as their headquarters until approximately 1991, the year the new Boys and Girls Club was built. The Building stood vacant and was used sparingly for the next few years until the Pilipino American Community of National City signed a lease for the Building. The lease was in effect until 3/4/00 when the PACNC terminated the lease. The National City Adult School had an agreement with PACNC for 2 classes to be held in the building. The City is honoring the school's agreement with PACNC. The classes end in June of 2000. At this time there are 3 potential Tenants desiring the use of the Facility. I will list them and their projected programs and building requirements. National City Fire Department: The Fire Department has a current need for office space to cover additional demands made on the Department including; administrative, community risk management, crisis team, conference and training room areas, and additional storage area for files, equipment, safety gear, training props, public education materials, as well as various new programs. Fire Department space needs will further accelerate as the construction of the new. Fire Station nears. This will cause new demands and added expansion of the building to support fire staff and building functions to provide an effective and operational temporary Fire Station. Southwestern College: They propose using the site for dental hygiene lasses during the day and general studies classes in the evening. They would like to take immediate use of the building and make interior modifications to allow for classroom instruction. The large hall will be used as a Dental Hygiene Lab or a Health and Wellness Lab depending on going negotiations with the Naval Station for use of their Dental Lab space. The programs are to commence in the fall 2000 Semester beginning August 15, 2000 and running until the City Fire Department has needs, or until Southwestem's New Facility is available, whichever occurs first. ® Recycled Paper National City Adult School: They propose to use the site to provide computer repair classes, computer literacy programs, a certified nurse assistant program, and english classes. Their programs and classes would run from 8:00 a.m. - 9:00 p.m. Monday - Fridays. The adult school propose remodeling of the existing hall to allow their computer repair and any other needed renovation of the existing classrooms for instructional purposes. Their programs would continue until construction or expansion of the Fire Department. Both Southwestern College and the National City Adult School will provide the following: • Administrative Coverage During Hours of Operations Security During Hours of Operation • Interior Renovation as needed for their use • Building Maintenance and Custodial Service • Utilities and Alarm Costs for the Buildings Program and Course Agenda to be Provided to the City manager's Office • Coordination with any other Educational or Community Entities for Compatible use of the Facilities Both Schools are aware of the Temporary Use of this Facility and have agreed to a 30-Day Notice to Vacate the Properties. They will agree to either leave renovations or remove them upon City's request. In conclusion the staff has reviewed all three proposals. It is recommended that the use of the facility be taken to the City Council for direction on what would be the best use of the facilities in the interim period until the new Fire Station is constructed. MEETING DATE May 9, 7(100 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 10 ITEM TITLE TEMPORARY USE PERMIT — 3 MMM BARBER SHOP GRAND OPENING PREPARED thleen Trees, A/Director EXPLANATION DEPARTMENT Building and Safety This is a request from the 3MMM Barber Shop to conduct a Grand Opening Ceremony at 2301A Highland Avenue, National City. The date of this event is Saturday, May 6, 2000, from the hours of 2:00 p.m. to 7:00 p.m. The event will consist of music, balloons, food and an Astro Jump for the kids. Environmental Review �— N/A Financial Statement The City has incurred $111.00 in costs in processing the TUP through various City Departments. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application For A Temporary Use Permit Conditions of Approval. A-200 (9/80) CITY OF NATIONAL CITY BUILDING & SAFETY 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 APPLICATION FOR A TEMPORARY USE PERMIT 001-3585-13000 cob1-10C;S APPLICATION IS HEREBY MADE FOR A TEMPORARY USE PERMIT PURSUANT TO THE PROVISION OF THE NATIONAL CITY MUNICIPAL CODE 15.60 AND AS DESCRIBED BELOW Temporary Use Permits are ministerial administrative regulations intended to provide orderly and effective management of specific list of temporary land uses have exceptional characteristics requiring their review and limitations. Any permit applicant may appeal the action of the Building Official pursuant to Municipal Code section 15.60.045. Class A & B use Application for a Temporary Use Permit must be filed 15 working days prior to the commencement of the activity/event. Activities/events involving the use or areas of operation within the state highway jurisdiction shall be filed not less than six (6) month prior to the requested activity/event. PLEASE COMPLETE (Print or Type): � 11 1 op SPONSORING ORGANIZATION(s):. 7 M 1�/' e I nv\ 6c-tuber OR ♦ �U�Q l p I' TI(,�N ADDR SS: - G NrV1 f 0 nc�1 TQ PHONE: City State Zip LOCATION OF EVENT: g3 ,(h can 1uQY)t)E jPq-t1CYICIIgtg5. DATE(S) REQUESTED FOR EVENT: FROM � O <p — Q 0 �- r� % Ln g-t J:. HOURS OF USE ON DAY OF EVENT: FROM A.M. TO % A.M. !l_ (BEGIN SETUP) DATE..] OC4 »IME )a. A.M. - (END SETUP DATE 506-00T1ME % A.M P.M) (BEGIN TEARDOWN)DATE S%C6-e.TIME7 A.MI ( END 1`T�EARDOWN)DAATE.5 (1TIME'730A.M'� BRIEF DESCRIPTION OF EVENT: (�Y t1Yl r4- l J (, 0 I n� £ \,' �'y\+ - erri�r C(tr-� rn2 �l?Y-' ,� moils i` - goo ood c-oa d k°d p. ' `�� � �\�T rt� I3Yn (A brief summary of the event/ maybe requested. A summary of the ev nt activity y be attached to the application) NAME OF��PERSON RESPONSIBLE FOR THE EVENT, WHO WILL B ON -SITE THE DA O56-IE EVENT:EV 0 HOW MAY THIS PERSON BE CONTACTED? �/� r SPECIFIC USE REQUEST: . )(-c 1 \ l/ 0 -e \� y b U S ] nes,� JUSTIFICATION: REQUEST TO SELL OR SERVE ALCOHOL BEVERAGES: YES[ j NO[ WILL FOOD! DRINK BE SOLD: YES[ J NO, (Note: The City Council will not approve the sale or consumption of al oho! in City parks in conjunction with any event requiring a T. U.P. This prohibition will not impact the existing policy regarding the sale or consumption of alcohol within buildings in the parks, such as the Community Center, which will continue to be subject to the approval of the City Council.) WILL TENTS OR CANOPIES BE USED?: YES [ J NO [ ] (If "YES,", permit may be required from Fire Department) WAIVER OF FEES REQUESTED: YES [ ] NO [ (If 'YES," complete attached supplemental questionnaire form) FACILITIES: (When Applicable) REQUEST ASSISTANCE(ISWITH THE FOLLOWING: NOISE, CROWD, TRAFFIC CONTROL: Al IW SECURITY CONTROL: PARKING/BARRICADES: N EXTERIOR LIGHTING/ELECTRICAL: fI J TRASH DISPOSAL/SITE CLEAN-UP AFTER EVENT: Ni SANITARY FACILITIES: yp PLEASE COMPLETE (PunNAME OF APPLICANT: ix ce,) 0 ADDRESS: Ci g,...-- COI 0 1-- A 0 i\tie- (VP.-- NA] nal 0.--r Hutfli,9e3 7-k SIGNATURE OF APPLICANT: . (-4.----teA, 1 DATE: Z40-00 (THIS FORM BECOMES A PERMIT WHEN ENDORSED BY THE BUDN4 SAFETY DIRECTOR) (FOR OFFICE USE ONLY) PERMIT FEES: PERMIT NO.: USE GROUP: BOND: PERMIT EXPIRATION DATE: USE CLASS: SPECIFIC STIPULATIONS / COMMENTS: (RECEIVED DATE STAMP) APPROVALS / STIPULATIONS (Check Where Applicable): PLANNING YES [ j NO [ ] SEE STIP [ ] Initial Date FIRE YES [ ] NO [ ] SEE STIP [ ] kitaI Date PUBLIC WORKS YES [ ] NO [ ] SEE STIP [ Initial Date FINANCE YES [ I NO [ ] SEE STIP ( Initial Date POLICE YES [ ] NO [ ] SEE STIP [ ] Initial Date PARKS & REC. YES [ ] NO [ ] SEE STIP [ ] Initial Date ENGINEERING YES [ ] NO [ ] SEE STIP [ ] Initial Date CITY ATTORNEY YES [ ] NO [ ] SEE STIP [ ] Initial Date RISK MANAGER YES [ ] NO [ ] SEE STIP [ ] Initial Date COMMUNITY DEVELOP. YES [ ] NO [ ] SEE STIP [ ] Initial Date OTHER YES [ NO [ I SEE STIP [ ] Initial Date CITY COUNCIL MEETING DATE: TEMPORARY USE PERMIT: APPROVED ] DENIED [ ] WAIVER OF FEES: APPROVED [ ] DENIED [ PROPERTY NOTIFICATION REQUIRED: YES [ ] NO [ ] COMMENTS: DATE CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: 3 MMM Barber Shop EVENT: Grand Opening LOCATION OF EVENT: 2301 Highland Avenue DATE OF EVENT: Saturday, May 6, 2000 TIME OF EVENT: 2:00 p.m. to 7:00 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL FIRE (336-4550) 1. Air or Astro Jump to be flame retardant. 2. 2-A:10-B:C fire extinguishers are required. Fire extinguisher locations to be plainly marked, and not to exceed a travel distance of seventy-five (75) feet. 3. Fire Department access to be maintained at all times. 40-B:C dry chemical fire extinguishers shall be provided where deep -fat fryers are used. FINANCE (336-4260) 1. A business license is required if monies are solicited, admittance charged or food, beverages or merchandise is sold. Each separate vendor must have a separate business license. 2. Vendors currently licensed by the City may operate on their existing license. If any of the vendors or organizations are registered not -for -profit there will not be a charge for their business license. 3. A list of all participating vendors (with their address, phone number and current National City business license number) is to be submitted to the Revenue and Recovery Division of the Finance Department prior tot he event for verification of business license numbers. CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. �, n Organization vp� \ t/� ` l"` 46-1 r r 6A D e Person in charge of activity ( (C 1 4 t " ° t Address 0..30 ( r' 1 lOvk fL J I UP i up ` 1 to 1 /1 // C' Tel phone LO i _ ( t Date(s) of use g r a NOM HOLD HARMLESS AGREEMENT The undersigned hereby agree(s) to hold. the City of National City and the Parking Authority of the City of National City harmless and indemnify the City of National City and the Parking Authority of the City of National City from and against all claims. demands, costs, losses, damages, injuries, litigation and liability arising out of or related to the use of public property by permittee or permitee's agents, employees or contractors. 1 6.111/411" Signature of "Applicant Official Title Date (For Office Use Only) Certificate of Insurance approved 198712 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATEMay 2, 2000 AGENDA ITEM NO. 11 ITEM TITLE TEMPORARY USE PERMIT — CLOTHING INTERNATIONAL, INC./d.b.a. MARIO'S FAMILY CLOTHING Kathleen Trees, Acting Building and Safety PREPARED BY DEPARTMENT EXPLANATION This is a request from Clothing International, Inc./d.b.a. Mario's Family Clothing Center to conduct a two day promotional parking lot sale on May 12 and 13, 2000 at the store located at 28 N. Euclid Avenue in National City. The hours of the sale are 7:00 a.m. to 6:00 p.m. each day. Environmental Review x N/A Financial Statement The City has incurred $111.00 in costs in processing the T.U.P. application through various City Departments. Account No. N/A STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application For A Temporary Use Permit with recommended Conditions of Approval. A-200 (9/80) 0013585-13000 CITY OF NATIONAL CITY BUILDING & SAFETY 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 APPLICATION FOR A TEMPORARY USE PERMIT APPLICATION IS HEREBY MADE FOR A TEMPORARY USE PERMIT PURSUANT TO THE PROVISION OF THE NATIONAL CITY MUNICIPAL CODE 15.60 AND AS DESCRIBED BELOW. Temporary Use Permits are ministerial administrative regulations intended to provide orderly and effective management of specific list of temporary land uses have exceptional characteristics requiring their review and limitations. Any permit applicant may appeal the action of the Building Official pursuant to Municipal Code section 15.60.045. Class A & B use Application for a Temporary Use Permit must be filed 15 working days prior to the commencement of the activity/event. Activities/events involving the use or areas of operation within the state highway jurisdiction shall be filed not less than six (6) month prior to the requested activity/event. PLEASE COMPLETE (Print or Type): ,/�/� . , t SPONSORING ORGANIZATION(s): 1 t'I 2_(6 S i -mtki CLO `it+{I�:i� �1.n"T'4Q-' ORGANIZATION ADDRESS: Q 7� nnL,,,, f qq rV1 I+ q `-'4004 V IS CA-, WWI PHONE: 14.2q-7/ 5 city QQ� 7^ J A n, LOCATION OF EVENT: "l l r4' Tiocfid Sate N tol-'� L//`C'tf DATE(S) REQUESTED FOR EVENT: FROM _ 5* `S TO 5/3 %0 HOURS OF USE ON DAY OF EVENT: FROM : w ' P.M. TO C . cb AcyM. (BEGIN SETUP) DATES I TIME J'00 /P.M. — (END SETUP) DATE F . ij ME PO: ) A.M pp--r� (BEGIN TEARDOWN) DATE IME�A.M. � (END TEARDOWN) DAT. / � TIMEf� A. BRIEF DESCRIPTION OF EVENT: A brief summary of Pb - vent/ may be requested. A summary of the event activity may be attached to the application) NAy11 OF�SON RESPONSIBLE FOR THE EVENT, WHO WILL BE ON -SITE THE DAY OF THE EVENT: HOW MAY THIS PERSON BE CONTACTED?_�/Oif-s.- 2 / b1 tC 0+ SPECIFIC USE REQUEST:-PA',l/1/q !r, JUSTIFICATION: REQUEST TO SELL OR SERVE ALCOHOL BEVERAGES: YES[ ] NO WILL FOOD/ DRINK BE SOLD: YES[ ] NO)( (Note: The City Council will not approve the sale or consumption of al ohol in City parks in conjunction with any event requiring a T. U.P. This prohibition will not impact the existing policy regarding the sale or consumption of alcohol within buildings in the parks, such as the Community Center, which will continue to be subject to the approval of the City Council) WILL TENTS OR CANOPIES BE USED?: YES tN NO ( ] (If "YES,", permit maybe required from Fire Department) WAIVER OF FEES REQUESTED: YES NO [ ] (If "YES," complete attached supplemental questionnaire form) FACILITIES: (When Applicable) REQUEST ASSISTANCE WITH THE FOLLOWING: NOISE, CROWD. TRAFFIC CONTROL: t �'t / SECURITY CONTROL: IQD PARKING/BARRICADES: ill0 EXTERIOR LIGHTING/ELECTRICAL: TRASH DISPOSAUSITE CLEAN-UP AFTER EVENT: SANITARY FACILITIES: CVO Pj F • F (_OJVP FTF (Print or Type) NAME OF APPLICANT: I •'r'� ADDRESS: / 2 L SIGNATURE OF APPLICANT. TA'rn I by l/ e4h) /lam Vu10 4' , cv. °Pj� e PHONE: DATE: (THIS FORM BECOMES A PERMIT WHEN ENDORSED BY THE BUILDING & SAFETY DIRECTOR) (FOR OFFICE USE ONLY) PERMIT FEES: PERMIT NO.: USE CLASS: BOND: PERMIT EXPIRATION DATE: USE GROUP: SPECIFIC STIPULATIONS / COMMENTS: (RECEIVED DATE STAMP) APPROVALS / STIPULATIONS (Check Where Applicable): PLANNING FIRE PUBLIC WORKS Initial Initial Date Date Initial Date Initial Date Initial Initial Initial Initial Initial Initial Initial FINANCE POLICE Date PARKS & REC. ENGINEERING CITY ATTORNEY RISK MANAGER COMMUNITY DEVELOP. OTHER Date Date Date Date Date Date YES [ ] NO [ ] SEE STIP [ I YES [ ] NO [ ] SEE STIP [ ] YES [ ] NO [ ] SEE STIP [ I YES [ I NO [ ] SEE STIP [ ] YES [ ] NO [ ] SEE STIP [ ] YES [ ] NO [ ] SEE STIP [ ] YES [ ] NO [ ] SEE STIP [ ] YES [ ] NO [ ] SEE STIP [ I YES [ ] NO [ ] SEE STIP [ ] YES [ ] NO [ ] SEE STIP [ ] YES [ I NO [ ] SEE STIP [ I CITY COUNCIL MEETING DATE: TEMPORARY USE PERMIT: APPROVED [ ] DENIED [ ] PROPERTY NOTIFICATION REQUIRED: YES [ ] NO [ ] COMMENTS: WAIVER OF FEES: APPROVED [ ] DENIED [ DATE CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Clothing International, Inc.dba Mario's Family Clothing DATE OF EVENT: Friday, May 12 and Saturday, May 13, 2000 TIME OF EVENT: 7:00 a.m. to 6:00 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL FINANCE 336-4260 1. A business license is required of all vendors and businesses participating in the special event. Each separate vendor must have a separate business license. Merchants licensed for the site can operate on their current license. FIRE 336-4550 1. A permit is required to erect a tent having an area in excess of 199 square feet and a canopy in excess of 399 square feet or a combination thereof. Tents and canopies shall be treated with a flame-retardant and labeled as such. The fee per tent and/or canopy is $65.00. and is issued by the fire department. 2. Maintain Fire Department access at all times. 3. 2-A:10B:C fire extinguishers are required to be placed so that there is not more than seventy-five (75) feet of travel distance. 4. Minimum separation from any property line, building, other tent, canopy or temporary membrane shall be twenty (20) feet. 5. Smoking shall not be permitted under canopy. NO SMOKING sign shall be conspicuously posted. 1 5 9 13 17 41 2 6 10 14 18 3 7 11 15 19 1 to 20 = 4ft. X 4ft. Tables 21 to 23 = 4ft rounders Isles= 3 ft. 4 8 12 16 20 37 Feet ♦ 35 Feet Cashier M a r i 0 s I S t 0 r e DATE4//12/99YI ACORDM E 3TIF Gf� ' F ► I IT'f( i� i lC '.... ° <...,.:.. ..:.:.::::....n ::n:::n:.n::.........:.:n:..: PRODUCER 619-231-1010 John Burnham & Company 610 West Ash Street THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.. P.O. Box 2910 COMPANIES AFFORDING COVERAGE San Diego, CA 92112-2910 COMPANY American Motorists Ins. Co. A Kemper Insurance. Group INSURED Clothing International, Inc. COMPANY B 672 L Street Chula Vista, CA 91911-1009 COMPANY c 619-429-7195 FAX 619-429-9825 COMPANY D C.Q VERA ;S. .,,... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE .... BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POUCY NUMBER POLICY EFFECTIVE DATE IMM/DDNY1 POUCY EXPIRATION DATE IMM/DD/YY) LIMITS A GENERAL LIABILITY X I COMMERCIAL GENERAL LIABILITY 7RS69495401 4/06/99 4/06/00 GENERAL AGGREGATE $ 2000000 PRODUCTS • COMP/OP AGG $ 2000000 PERSONAL & ADV INJURY $ 1000000 1 CLAIMS MADE X OCCUR EACH OCCURRENCE $ 1000000 F OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $ 100000 MED E%P IAny one person) $ 10000 AUTOMOBILE X UABIUTY ANY AUTO ALL OWNED AUTOS COMBINED SINGLE LIMIT $ BODILY INJURY (Fer person) $ BODILY INJURY (Per accident) PROPERTY DAMAGE S GARAGE LIABILITY ANY AUTO AUTO ONLY • EA ACCIDENT $ OTHER THAN AUTO ONLY: .. .. ,' EACH ACCIDENT $ AGGREGATE $ EXCESS UABIUTY EACH OCCURRENCE $ AGGREGATE F 8 WORKERS COMPENSATION EMPLOYERS' EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE AND W WCL EXCL WC STATU• 1TonYLIMITs TX - ER EL EACH ACCIDENT S EL DISEASE. POLICY LIMIT $ EL DISEASE. EA EMPLOYEE $ OTHER 1 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS RE: 28 N. EUCLID AVE., NATIONAL CITY, CAJCERTHOLDER IS INCLUDED AS AN ADDITIONAL INSURED. ER FORM CG2011 ATTACHED. _ :... ........ ...::::;{..,::n.n.:1.v:.n .:::: nnx,: n. :.: n,::: nu .,:..:: .::x ..-'-^..: --'.,3 v:: .:.- .' .:' 4ntv:..::: n3:..v.:.rvvnv:,n:4:.:..:vvrv-hv..vv. v::h.:n.A. v:.v'nvv:::3.;.v-:: .. .. .. ....:�:J4;.y.++Yi3.\-..'i6U:i.vx::nL: x:: iv3:3' may:: A3v: y:}e: .-l.. yl�l� CI:i31�EiCA�f:�OLiR}n... ;....: '•:�.'�. _;:::,.._:_._�;:}:::{.,._�:r:;.i-:}:�3 .••. •••v•:x:.vvmnvr:.:vavnw::::.vn..avn3r:. :. ..... ...........:. ..t itl' Y..n ..J:vn;. i•}'3Y ..3'.^-.::: ::•yeij.•::1.%:<:$lrn. niv{3.✓fii.:,3 $n�$"v1YVLi:.vn+i+' a..vnv...3...{�p.;Jn ROSADO ASSOCIATES . J P.O. BOX 82128 SAN DIEGO, CA 92138 .......:::::::::... _;.3.:.vn.3: .:{..;:,,.n: .._:.:.,n�13:.:{;..:�.::::::n1.n::.n.::::::n.:::.}}::n.:.:.v:::.. ........::$$:v..n: :".: :�::.}�;;;;.w.}S:xx: .. f... arn�rl;��a�ioGLx��.:::.:;..�.n:�: .... -"--' ........:n::. .:..: �LII:�A, : ffN�s�ry' .�}j'���� :33.. �Y^.`t�>vQ3.-..::i,:�::3\v $:3:`.}: {YA... xt:.v�X,vv,v � ( ..�':3i!i�F• '�)<�,!,,t ��C:��H:v3ii3i[M"Y:`vJ:f�Li.KvKv�Y%:fN+i4:J v'S.i' nxrv:.xn'::::::xxNtt. %v:..:.v...:.µ:�J.�: ].5:.3.�.�.�-�,�."n4:C.:v. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAR 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENT TIVE 1...1.`:......iv....�{{;n:�{:::: ....- .vY.{CL'.3:: -::,.:.: ..: ::x::rc3}v:�:{fn;-.vnvnw;;.:: x::.yev.;;;v:N: ;n' ::::. �:? i�.........1..._. n,an�,ar�+::a+rloor�na�nM:at_Yna City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 2, 2000 AGENDA ITEM NO. 12 ITEM TITLE NOTICE OF DECISION — PLANNED DEVELOPMENT PERMIT FOR THE EXPANSION OF AN AUTO DEALERSHIP AT 3131 NATIONAL CITY BOULEVARD (APPLICANT: RUDOLPH F. ERM, JR.) (CASE FILE NO.: PD-2000-2) PREPARED BYJon Cain - Associate PlanneEPARTMENT Planning EXPLANATION The applicant proposes construction of an expanded showroom and new lunchroom at South Bay Volkswagen, located at 3131 National City Boulevard. The proposal involves a 1,580 square foot showroom expansion at the front of the building and a 430 square foot lunchroom at the rear (northeast corner) of the building. The proposed expansion is consistent with Design Guidelines. The showroom design includes substantial vertical and horizontal articulation for the main facade, including a slanted front wall with 10 to 12 '/2 foot tall glass walls facing National City Boulevard. A curved, 18-foot tall stucco wall with a metal awning will be located at the main entryway with the "VW" logo above. The lunchroom will have a stucco exterior finish to match the existing structure. Conditions of approval will ensure that relocated employee parking spaces will comply with minimum Code requirements. The Planning Commission voted to approve the project. There was no testimony in opposition to the project at the public hearing. Environmental Review X N/A Categorical Exemption Financial Statement N/A Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / C MISSION RECOMMENDAT)ON the Planning uommission voted to approve the Planned Development Permit. Vote: Ayes — Ungab, Parra, Valderrama, Baca, Martinelli, Detzer Absent — Godshalk ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 06-2000 2. Location Map Resolution No. A-200 (9/80) RESOLUTION NO. 06-2000 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT FOR THE EXPANSION OF AN EXISTING AUTO DEALERSHIP AT 3131 NATIONAL CITY BOULEVARD APPLICANT: RUDOLPH F. ERM, JR. CASE FILE NO. PD-2000-2 WHEREAS, the Planning Commission of the City of National City considered a Planned Development Permit application to allow the expansion of an auto dealership at 3131 National City Boulevard at a duly advertised public hearing held on April 3, 2000, 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. PD-2000-2 and a Notice of Exemption maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on April 3, 2000, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the 106,286 square foot lot contains ample room to accommodate the 2,010 square foot addition. 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 project involves a change to an existing structure that will not affect the use of the property or traffic at the site. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since there is no change in use proposed and the remodeling project will enhance the appearance of the property. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since General Plan goals and policies promote high -quality commercial development in order to generate the greatest public benefit. BE IT FURTHER RESOLVED that the application for Planned Development Permit is approved subject to the following conditions: 1. Plans submitted with any application for a building permit must comply with the 1998 California Building, Electrical, Plumbing, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 2. A trash enclosure shall be provided in accordance with City standards. It shall have a stucco exterior finish to match the building. 3. Before this Planned Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and acceptingall conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Planned Development Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of Planned Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 4. Use authorized by this Planned Development Permit shall be limited to expansion of an existing auto dealership in conformance with Exhibit A, case file no. PD-2000-2, dated Feb. 29, 2000. 5. Except as required by conditions of approval, plans for future permits shall be submitted for review and approval by the Planning Director in conformance with Exhibit A, Case File No. PD-2000-2, dated Feb. 29, 2000. 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. Employee parking space #9 shall be relocated to comply with minimum parking requirements. 8. A Coastal Development Permit is required prior to issuance of Building Permits for the project. 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 fmal on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of April 17, 2000 by the following vote: AYES: UNGAB, PARRA, VALDERRAMA, BACA, MARTINELLI, DETZER. NAYS: ABSENT: GOnsHALK ABSTAIN: �J CHAIRMAN PROJECT SITE Proposed Expansion NDARY OF NATIONAL CITY EXISTING STRUCTURES ZONE BOUNDARY SCALE: 1" = 200' NORTH LOCATION MAP 3131 National City Boulevard PD-2000-2 NATIONAL CITY PLANNING DRN. DATE: 3/15/2000 INITIAL HEARING: 4/3/2000