HomeMy WebLinkAbout2000 08-22 CC AGENDA PKTr4Ck
AGENDA OF A REGULAR MEETING
NATIONAL CITY COUNCIL
COUNCIL CHAMBERS
1243 NATIONAL CITY BOULEVARD
REGULAR MEETING - TUESDAY, AUGUST 22, 2000 - 6:00 P.M.
i
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 MEETING OF AUGUST 15,
2000.
COUNCIL AGENDA
8/22/00 Page 2
PRESENTATION
Port Commissioner Jess Van Deventer - Biannual Port of San Diego Update
CONSENT CALENDAR
Consent Calendar: Consent Calendar items involve matters, which are of a routine
or noncontroversial nature. AU 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.
CONSENT CALENDAR
1. Resolution No. 2000-109
Resolution of the City Council of the City of National City authorizing the Mayor
to execute an Agreement with Heritage Security Services to provide park
security services at Kimball Park, Las Palmas Park and El Toyon Park. (Parks
& Recreation)
2. Resolution No. 2000-110
Resolution of the City Council of the City of National City authorizing the City
Engineer to establish a "20 Minute Limited Parking" green curb zone at 1540
Coolidge Avenue. (G. Al -Sheikh, TSC Item No. 2000-16) (Engineering)
3. Resolution No. 2000-111
Resolution of the City Council of the City of National City authorizing the City
Engineer to establish three-foot red no parking zones on each side of the
driveway at 2112 "C" Avenue. (M. Torres, TSC Item No. 2000-15)
(Engineering)
COUNCIL AGENDA
8/22/00 Page 3
CONSENT CALENDAR (Cont.)
4. WARRANT REGISTER #07 (Finance)
Ratification of Demands in the amount of $986,982.87.
5. Claim for Damages: Craig Hayes (City Clerk)
ORDINANCE FOR ADOPTION
6. Ordinance of the City Council of the City of National City rezoning certain
parcels of real property pursuant to the Land Use Code. Case File Nos. GP-
2000-3, ZC-2000-3). (Planning)
NEW BUSINESS
7. Notice of Decision - Conditional Use Permit for a thrift store at 1220 E. Plaza
Boulevard, Suite A. (Applicant: Ruby Mullin) (Case File No.: CUP-2000-12)
(Planning)
-* CITY MANAGER
- CITY ATTORNEY
- > OTHER STAFF
- MAYOR
COUNCIL AGENDA
8/22/00 Page 4
NEW BUSINESS (Cont.)
-* 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.
ADJOURNMENT
Next Regular City Council Meeting - September 5, 2000 at 3:00 p.m. - Council
Chambers, Civic Center.
TAPE RECORDINGS OF EACH CITY COUNCIL MEETING
ARE AVAILABLE FOR SALE AND TO LISTEN TO
IN THE CITY CLERK'S OFFICE
City of Nationai City, California
COUNCIL AGENDA STATEMENT
MEETING DATE AUGUST 22, 2000
1TEAA TITLE RESOLUTION OF
THE MAYOR TO ENTER INTO A
SECURITY SERVICES.
PREPARED BY JIM RUIZ
EXPLANATION.
AGENDA ITEM NO,
1
THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING
CONTRACT WITH HERITAGE SECURITY SERVICES TO PROVIDE PARK
DEPARTMENT PARKS & RECREATION
This will allow the City to continue park security services this budget year. Their
services will continue nightly patrols of our three major parks on a year-round basis;
on -site weekend guard services at Kimball Park and Las Palmas Park for 26 weekends,
and for 28 weekends at El Toyon Park.
Staff has noted a significant decrease in vandalism, and the presence of a security
officer has certainly acted as a deterrent to other crimes and illegal activity in
our parks.
Environmental Review X N/A
Financial Statement
Cost is $23,820. An increase of approximately 3% over last year mainly attributable to
adding several weekend patrols at El Toyon Park.
Account No.105-449-Q00-299
15_f RECOMMENDATION
Approval.
BOARD/COMMISSION RECOMMENDATION
Approval.
ATTACHMENTS (Listed Below/
L____
Contract
Resolution No. 2000-109
A-200 (Rev. 9/80(
RESOLUTION NO. 2000 —109
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH HERITAGE SECURITY SERVICES TO
PROVIDE PARK SECURITY SERVICES AT KIMBALL PARK,
LAS PALMAS PARK AND EL TOYON PARK
WHEREAS, the Park and Recreation Department desires to continue park
security services with nightly patrols of Kimball Park, Las Palmas Park and El Toyon Park on a
year-round basis; on -site weekend guard services at Kimball Park and Las Palmas Park for 26
weekends and at El Toyon Park for 28 weekends; and
WHEREAS, since implementing security services last year, there has been a
significant decrease in vandalism and the presence of a security officer has acted as a deterrent to
other crimes and illegal activity in City parks.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City that the Mayor is authorized to execute an agreement between the City of National
City and Heritage Security Services to provide park security services to Kimball Park, Las
Palmas Park and El Toyon Park. Said Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 22nd day of August, 2000.
George H. Waters, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
HERITAGE
SECURITY -SERVICES
1260 MORENA BLVD.. 5U1T6 200. SAN DIEGO. CA 92110
(519) 215-7006 . PAX (6191 275-7035
August 14, 2000
City Of National City
140 East 12th Street
National City, California 91950
Attn: James E. Ruiz, Parks and Recreation Director
Dear Mr. Buis:
Thank you for allowing Heritage Security Services to
provide you with this quotation for contract security
services.
Outlined below is the actual cost for the specific
security coverage you have requested.
PROPOSED COSTS DRIVE -BY:
LOCATXON : KIMBALL PARK: les STREET AND D . AVE.
EL TOWN PARE: 2005 E. $" STREET
LAS P LMAS PARK: 1800 NEWELL STREET
SCHEDULE: MfJN-SUN 9PM-03AM
Tmo DRIVE -BY PATROLSa$25.00 per night x 7days==$175.00
DRI3V1-8Y TOTAL PROJECTED COST: $758.33 Lk) )NTHLY
Drive -By patrols will drive thru each park twice per
night after park closure to provide a visible deterrent
to graffiti, vandalism, and loitering. Officers will
document any contact with persons, and any physical
damage/problems. If officer is required to remain at any
location for more than thirty (30) minutes billing will
be at a rate of $4.50 per fifteen (15) minute Increment.
Drive -By patrol sheets will be faxed if any reportable
offenses occur.
EXHIBIT "A"
166-d i0li0"d 585-1 5£01-512-619 warm ws05:90 00-51-snV
PROPOSED
LOCATION:
SCHEDULE:
COSTS POSTED GUARD:
=mam L PARK:121s STREET AND D. AVE.
EL TOTON PARK: 2005 E. 4" STREET
LAS PALMAS PARK; 1800 NEWELL STREET
1 UNARMED GUARD PER PARK SAT/SUN/HOLIDAYS
9AM-8PM PER SCHEDULE PROVIDED SY CITY
COST: 8 HOURS PER PARK X $11.50 PER HOUR=$92.00 PER DAY X
2 DAIS= $184.00 PER PARK
TOTAL POSTED GUARD PROJECTED COST: $104.00 8 3 PARKS S
4.33HEEKS PER MONTH= 62390.18 AVERAGE PER MONTH
TOTAL PROJECTED COST PASTED/DRIVE-BY: $3149.49
TOTALS INCLUDE 12 HOLIDAYS OF POSTED SERVICE
Thank you for using Heritage Security Services.
Sincerely,
Robert A . Rummel
Special Operations
Manager
188-d Y0/£0'd 525-i 5£01-5Li-810 d11811935 39Y1183H-void n09:90 00-51-Bntl
'Page 3 Exhjbtt A
PROPOSED SERVICES
Heritage Security Services proposes to provide high -quality security services in full compliance
with specifications to be established for National City Parks & Recreation Department.
A. Basic Duties.
Officers shall perform all duties in strict compliance with a detailed Standard Operating
Procedures Manual (S.O.P.) developed for National City Park & Rec. The duties shall
include the following, described in detailed instruction format:
1. Provide high profile visible deterence to crime and vandalism.
2. Provide emergency response, on an as needed basis.
3. Serve as ambassador, providing information to residents.
4. Monitor after -hour entry and exit.
5. Monitor parking areas.
6. Coordinate lock -up and unlocking of any gates.
7. Coordinate evacuation in event of emergencies.
8. Maintenance of security logs and incident reports.
9. Officers will always behave in a professional manner.
10. Patrol perimeter where appropriate.
11. Check and turn tights on and off.
12. Check and secure all doors.
13. All officers must be able to read, write and speak english.
14. Patrol exterior and parking facilities.
15. Provide management with physical security report.
5
Exhibit
156-d 11/70 d 5Z5-i 5£0l-5l2-610
Atlalta3S 3M143H-woad =15:90 00-51-snY
AGREEMENT BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
HERITAGE SECURITY SERVICES
THIS AGREEMENT is entered into this FIRST day of
SEPTEMBER , 2000 by and between the CITY OF NATIONAL
CITY, a municipal corporation (the "CITY"), and HERITAGE SECURITY SERVICES
(the "CONTRACTOR").
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to
PROVIDE PARK SECURITY SERVICES
WHEREAS, the CITY has
SECURITY SERVICES FIRM
to perform the services desired by the CITY.
such services.
determined that the CONTRACTOR is a
and is qualified by experience and ability
and the CONTRACTOR is willing to perform
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to
engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services
hereinafter set forth in accordance with all terms and conditions contained herein.
The CONTRACTOR represents that all services required hereunder will be
performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services as
set forth in the attached Exhibit A .
The CONTRACTOR shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the CITY for such services, except as authorized in
advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit A to
keep staff and City Council advised of the progress on the project.
The CITY may unilaterally, or upon request from the CONTRACTOR, from
time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR
under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in
good faith and confer for the purpose of negotiating a corresponding reduction or increase in
the compensation associated with said change in services, not to exceed a factor of 10 %
from the base amount.
3. PROJECT COORDINATION AND SUPERVISION.
JIM RUIZ hereby is designated as the Project
Coordinator for the CITY and will monitor the progress and execution of this Agreement. The
CONTRACTOR shall assign a single Project Director to provide supervision and have overall
responsibility for the progress and execution of this Agreement for the CONTRACTOR.
R.A. RUMMEL
thereby is designated as the Project Director for the CONTRACTOR.
4. COiMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed. Billings
shall include labor classifications, respective rates, hours worked and also materials, if any.
The total cost for all work described in Exhibit A shall not exceed the schedule given in
Exhibit A (the Base amount) without prior written authorization from the
CITY MANAGER . 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 CONTRACTOR shall maintain all books, documents. papers, employee
time sheets. accounting records. and other evidence pertaining to costs incurred and shall make
such materials available at its office at all reasonable times during the term of this Agreement
and for three (3) years from the date of final payment under this Agreement. for inspection by
the 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 A .
6. DISPOSITION AND OWNERSHIP OF DOCLrMPNTS. The
Memoranda. Reports. Maps. Drawings, Plans, Specifications and other documents prepared
by the CONTRACTOR for this Project, whether paper or electronic, shail 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 CONTRACTOR 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 CONTRACTOR shall, upon request of
the CITY, execute any further document(s) necessary to further effectuate this waiver and
disclaimer.
The CONTRACTOR agrees that the CITY may use, reuse, alter. reproduce,
modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's
written work product for the CITY's purposes, and the CONTRACTOR expressly waives and
Page 2
Revised 5/99
S
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 CONTRACTOR shall relieve the CONTRACTOR 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 CONTRACTOR is not an
employee of 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 CONTRACTOR and
the CONTRACTOR'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 CONTRACTOR and its employees. Neither this Agreement
nor any interest herein may be assigned by the CONTRACTOR without the prior written
consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR
from employing or hiring as many employees as the CONTRACTOR 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 CONTRACTOR or any of the
CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly
agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents. servants, or
employees are in any manner agents, servants or -employees of the CITY, it being understood
that the CONTRACTOR. its agents, servants, and employees are as to the CITY wholly
independent contractors and that the CONTRACTOR's obligations to the CITY are solely such
as are prescribed by this Agreement.
9. CON1PLIANCE WITH APPLICABLE LAW. The CONTRACTOR,
in the performance of the services to be provided herein, shall comply with all State and
Federal statutes and regulations, and all ordinances, rules and regulations of the City of
National City, whether now in force or subsequently enacted. The CONTRACTOR, and its
subcontractors, shall obtain and maintain a current City of National City business license prior
to and during performance of any work within the City.
Page 3
Revised 5/99
6
10. LICENSES. PERMITS. ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice its profession. The CONTRACTOR represents and covenants
that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during
the term of this Agreement, any license, permit, or approval which is legally required for the
CONTRACTOR to practice its profession.
11. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this Agreement,
shall perform in a manner consistent with that level of care and skill ordinarily exercised by
members of the profession currently practicing under similar conditions and in similar
locations. The CITY expects that the CONTRACTOR shall take all special precautions
necessary to protect the CONTRACTOR's employees and members of the public from risk of
harm arising out of the nature of the work and/or the conditions of the work site.
B. The CONTRACTOR 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
CONTRACTOR's professional performance or the furnishing of materials or services relating
thereto.
C. The CONTRACTOR is responsible for identifying any unique products.
treatments, processes or materials whose availability is critical to the success of the project the
CONTRACTOR has been retained to perform. within the time requirements of the CITY, or,
when no time is specified. then within a commercially reasonable time. Accordingly. unless
the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR 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 CONTRACTOR to use
due diligence under this sub -paragraph will render the CONTRACTOR liable :o 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-DISCRLML ATION PROVISIONS. The CONTRACTOR 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 CONTRACTOR will rake positive action to insure that
applicants are employed without regard to their age, race, color, ancestry. religion, sex, sexual
orientation, marital status, national origin, physical handicap, or medical condition. Such
action shall include but not be limited to the following: employment, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other
forms of compensation, and selection for training, including apprenticeship. The
CONTRACTOR agrees to post in conspicuous places available to employees and applicants for
employment any notices provided by the CITY setting forth the provisions of this non-
discrimination clause.
Page 4
Revised 5/99
13. CONFIDENTIAL L IFORMIATION. The CITY may from time to
time communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The CONTRAC-
TOR shall treat all such information as confidential and shall not disclose any part thereof
without the prior written consent of the CITY. The CONTRACTOR shall limit the use and
circulation of such information, even within its own organization, to the extent necessary to
perform the services to be provided herein. The foregoing obligation of this Section 13,
however, shall not apply to any part of the information that (i) has been disclosed in publicly
available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter
disclosed in publicly available sources of information; (iii) is already in the possession of the
CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter
rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use
or disclosure thereof has been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder. the
CONTRACTOR shall comply with all legal obligations it may now or hereafter have
respecting the information or other property of any other person, firm or corporation.
CONTRACTOR shall be liable to CITY for any damages caused by breach of
this condition, pursuant to the provisions of Section 14.
14. INDEMLNTFICATION AND HOLD HARMLESS. The
CONTRACTOR 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. suits,
actions, proceedings. costs or attorneys' fees, of any kind or nature, including workers'
compensation claims, of or by anyone whomsoever, in any way resulting from or arising out
of the CONTRACTOR's performance of this Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State
of California, the applicable provisions of Division 4 and 5 of the California Government
Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and
shall indemnify, 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 CONTRACTOR under this Agreement.
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Revised 5/99
8
16. INSURANCE. The
purchase and maintain throughout the term
A. Professional liability
B. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of ,S1,000,000
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
occurrence.
volunteers.
CONTRACTOR, at its sole cost and expense, shall
of this agreement, the following insurance policies:
insurance with minimum limits of $2.000,000 per
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 or material change.
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 CONTRACTOR 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.
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 CONTRACTOR 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 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
Page 6
Revised 5/99
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
shall be settled by arbitration in San Diego, California, in accordance with the Commercial
Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive
upon the parties, and a judgment thereon may be entered in any court having jurisdiction over
the subject matter of the controversy. The expenses of the arbitration shall be borne equally
by the parties to the arbitration, provided that each party shall pay for and bear the costs of its
own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses
or any part thereof against a specified party as part of the arbitration award.
19.. TERMINATION. A. This Agreement may be terminated with or
without cause by the CITY. Termination without cause shall be effective only upon 60-day
written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall
perform all services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement. misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of
written Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda
Reports. Maps, Drawings, Plans. Specifications and other documents prepared by the
CONTRACTOR, whether paper or electronic, shall immediately become the property of and
be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and
equitable compensation for any work satisfactorily completed on such documents and other
materials up to the effective date of the Notice of Termination, not to exceed the amounts
payable hereunder, and less any damages caused the CITY by the CONTRACTOR'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 CONTRACTOR; (2) a
reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONTRACTOR.
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10
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:
Tom G. McCabe
City Manager
City of National City
1243 National City Boulevard
National City, CA 91950
To the CONTRACTOR: HERITAGE SECURITY SERVICE
R.A. RUMIEL
1260 MORENA BLVD. STE 200
SAN DIEGO, CA. 92110
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 LNTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of
the City of National City. The CONTRACTOR also agrees not to specify any product,
treatment, process or material for the project in which the CONTRACTOR has a material
financial interest, either direct or indirect, without first notifying the CITY of that fact. The
CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the
National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify
itself and shall not use its official position to influence in any way any matter coming before
the CITY in which the CONTRACTOR has a financial interest as defined in Government Code
Section 87103. The CONTRACTOR represents that it has no knowledge of any financial
Page 8
Revised 5/99
I(
interests that would require it to disqualify itself from any matter on which it might perform
services for the CITY.
If checked, the CONTRACTOR shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City
Clerk of the City of National City in a timely manner on forms which the CONTRACTOR
shall obtain from the City Clerk.
The CONTRACTOR shall be strictly liable to the CITY for all damages, costs
or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the
CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday. then such
date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not
a Saturday, Sunday or federal. state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple
counterparts. each of which shall be deemed an original, but all of which. together, shall
constitute but one and the same instrument.
C. Cations. 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 pan 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 deiivery of this Agreement shall not be deemed :o confer any rights
upon, or obligate any of the parties hereto. to any person or entity other than the parties
hereto.
E. Erhibirs 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
Page 9
Revised 5/99
l�-
of any party hereto shall be of any effect unless it is in writing and executed by the party to be
bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each party is
of equal bargaining strength, (ii) each party has actively participated in the drafting,
preparation and negotiation of this Agreement, (iii) each such party has consulted with or has
had the opportunity to consult with its own, independent counsel and such other professional
advisors as such party has deemed appropriate, relative to any and all matters contemplated
under this Agreement, (iv) each party and such parry'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 CONTRACTOR
By: By:
George H. Waters. Mayor (Name)
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
(Title)
Page 10
Revised 5/99
WEEKEND SCHEDULE
El Toyon Park
September 2, 2000 — December 2, 2000
May 26, 2001 — August 26, 2001
Las Palmas Park
14 weeks
14 weeks
May 5, 2001 — October 28, 2001 26 weeks
Kimball Park
March 3, 2001— August 26, 2001 26 weeks
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE AUGUST 22, 2000
2
AGENDA ITEM NO.
ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH A "20\
MINUTE LIMITED PARKING" GREEN CURB ZONE AT 1540 COOLIDGE AVENUE (G. AL -
SHEIKH, TSC ITEM NO. 2000-16)
PREPARED BY
Adam J. Landa
DEPARTMENT
Engineering
EXPLANATION
Mr. George Al -Sheikh of Z & Z Market and Deli located at 1540 Coolidge
Avenue has requested a "20 Minute Limited Parking" green curb zone in front
of his property. According to Mr. Al -Sheikh, trucks and cars from the
neighborhood are parking in front of his business leaving no room for his
customers.
The Traffic Safety Committee approved the "20 Minute Limited Parking" green
curb zone at their meeting on August 9, 2000.
Environmental Review X N/A
Financial Statement
N/A
Account No.
STAFF RECOMMENDATION
Adopt the Resolutio
BOARD / COMMISSION RECOMMENDATION
The Traffic Safety Committee at its meeting of August 9, 2000 has approved
the "20 Minute Limited Parking" green curb at 1540 Coolidge Avenue.
ATTACHMENTS ( Listed
1. Resolution
2. Staff Report to the Traffic Safety Committee
Resolution No. 2000-110
00-16
RESOLUTION NO. 2000 — 110
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY
AUTHORIZING THE CITY ENGINEER TO ESTABLISH
A "20 MINUTE LIMITED PARKING" GREEN
CURB ZONE AT 1540 COOLIDGE AVENUE
(G. Al -Sheikh, TSC Item No. 2000-16)
WHEREAS, George Al -Sheikh, owner of Z & Z Market and Deli located at
1540 Coolidge Avenue, has requested a "20 Minute Limited Parking" green curb zone in front
of his business for his customers; and
WHEREAS, the Traffic Safety Committee has recommended approval of a "20
Minute Limited Parking" green curb zone at 1540 Coolidge Avenue at its regular meeting on
August 9, 2000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City that the City Council hereby authorizes the City Engineer to install a "20 Minute
Limited Parking" green curb zone at 1540 Coolidge Avenue.
PASSED and ADOPTED this 22"d day of August, 2000.
George H. Waters, Mayor
ATTEST:
Michael R. Dalla
City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
2
NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR AUGUST 9, 2000
ITEM TITLE: REQUEST FOR INSTALLATION OF "20 MINUTE LIMITED
PARKING" GREEN CURB ZONE IN FRONT OF 1540
COOLIDGE AVENUE (BY: G. AL -SHEIKH, PHONE 477-.
6522)
PREPARED BY: Adam J. Landa, Engineering Department
DISCUSSION:
Mr. George Al -Sheikh, the owner of 1540 Coolidge Avenue has requested the
installation of "Limited Parking" green curb in front of his property. According to
Mr. AI -Sheikh, trucks and cars from the neighborhood are parking in front of his
business leaving no room for his customers. Therefore, he feels that he is losing
business.
Staff has investigated the request and found at the most one vehicle parked in
front of his place of business. The investigation was over a period of two weeks
and staff visited the site at different times of the day. Staff observed no parking
problem.
STAFF RECOMMENDATION:
Open for discussion.
EXHIBITS:
1. Letter
2. Location Map
2000-16
2000
City of National City
Engineering Department
Attn: Traffic Safety Committee
1243 National City Blvd
National City, CA 91950
Iy 0 iln7loriAL Gen,
pEpT.
�r ,.
(tate________
To Whom It May Concern:
I own the business, Z & Z Market and Deli, located at 1540 Coolidge Avenue on the
corner of Coolidge Avenue and 16th Street. I have a thriving, busy store and many of my
customers are walk-ins, however, quite a few people drive by on their way to work and on
their lunch hours and having available parking is critical.
Therein lies my problem and I hope you can help with a solution. On most days, there are
large trucks that are parked in front of my business on both Coolidge Ave and 16th Street.
These trucks are left for hours and sometimes days. I am concerned that I am losing
business when customers cannot find a place to park. My customers usually only need a
parking space for 5-10 minutes, therefore, I would like to request that the city designate a
20-minute parking zone on either or both streets directly in front of my store.
I would be happy to attend a meeting to explain the situation further. Thank you for your
time and consideration. I look forward to your response.
Respectfully,
Ge+ ge A. Al -Sheikh
Z & Z Market & Deli
1540 Coolidge Avenue
National City, CA 91950
(619)477-6522
VE\�E
121
Fri
AV
Hn
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE AUGUST 22, 2000 AGENDA ITEM NO. 3
(-ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO RED \
"NO PARKING" ZONES ADJACENT TO THE DRIVEWAY AT 2112 "C" AVENUE (M. TORRES,
TSC ITEM NO. 2000-15)
PREPARED BY Adam J. Landa DEPARTMENT
EXPLANATION
Engineering
Mr. Manny Torres, the owner of 2112 "C" Avenue has requested the
installation of two red curb no parking zones adjacent to the driveway
serving his property. According to Mr. Torres, parked vehicles are
encroaching into his driveway thereby not allowing ingress and egress from
his property.
The Traffic Safety Committee approved 3 feet of red curb on each side of
the driveway at their meeting on August 9, 2000.
Environmental Review
Financial Statement
N/A
Y N/A
Account No.
STAFF RECOMMENDATION
Adopt the Resolution
BOARD/COMMISSION RECOMMENDATION
The Traffic Safety Committee at its meeting of August 9, 2000 approved the
3 foot red "no parking" zones on both sides of his driveway at 2112 "C"
venue.
ATTACHMENTS ( Listed Below ) Resolution No. 2000-111
1. Resolution
2. Staff Report to the Traffic Safety Committee
A-200 (9/80)
00-15
RESOLUTION NO. 2000 —111
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CITY ENGINEER TO ESTABLISH
THREE-FOOT RED NO PARKING ZONES ON EACH SIDE
OF THE DRIVEWAY AT 2112 "C" AVENUE
(M. Torres, TSC Item No. 2000-15)
WHEREAS, Manny Torres, the owner of 2112 "C" Avenue, has requested the
installation of three-foot red no parking zones on each side of his driveway; and
WHEREAS, at its meeting on August 9, 2000, the Traffic Safety Committee
approved installation of three-foot red no parking zones on each side of the driveway at 2112
"C" Avenue.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City that the City Engineer is authorized to establish three-foot red no parking zones on
each side of the driveway at 2112 "C" Avenue.
PASSED and ADOPTED this 22"d day of August, 2000.
George H. Waters, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR AUGUST 9, 2000
ITEM TITLE:
PREPARED BY:
DISCUSSION:
1
REQUEST FOR INSTALLATION OF TWO RED CURB "NO
PARKING" ZONE ADJACENT TO THE DRIVEWAY AT
2112 "C" AVENUE (BY: M. TORRES, TEL. NO. 474-
3788)
Adam J. Landa, Engineering Department
Mr. Manny Torres, the owner of 2112 "C" Avenue, has requested the installation
of two red curbs "no parking" zones adjacent to the driveway serving his
property. According to Mr. Torres, parked vehicles are encroaching into his
driveway thereby not allowing ingress and egress for his property.
STAFF RECOMMENDATION:
We recommend the installation of a 3-foot red zone on each side of his driveway.
EXHIBITS:
1. Letter
2. Location Map
2000-15
Adam Landa
From:
Sent:
To:
Stephen Kirkpatrick
Tuesday, July 11, 2000 5:38 PM
Adam Landa
From Ron Morrison:
Mr. Manny Torres - 2112 C Avenue - 474-3788
Requesting three foot red curb stand-offs on each side of the driveway. Put on August Traffic Safety Committee
Agenda.
Any questions see me.
1
P v t
21st
ST
S/
REFT
L
STR
22no SIRE E- T
L C YIO MAP
AEETING DATE
City of National City, California
COUNCIL AGENDA STATEMENT
08/22/00
4
AGENDA ITEM NO.
ITEM TITLE WARRANT REGISTER #07
PREPARED BY ROBERT A. RABAGO DEPARTMENT FINANCE
EXPLANATION Ratification fo Warrant Register #07
per Government Section Code 37208.
Environmental Review N/A
Financial Statement N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
I recommend ratification of these warrants for a total of $986,982.87
BOARD / COMMISSION RECOMMENDATION
D.4-c 1Lwav tt—` / 3 7 — /3?5/
ATTACHMENTS ( Listed Below )
1. Warrant Register #07
2. Payroll dated 8/16/00
3. Workers' Comp Warrant Register dated 8/9/00
�,2��u�tc2Fti
Resolution No.
A-200 L9.99j
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE August 22, 2000
5
AGENDA ITEM NO.
/ ITEM TITLE
CLAIM FOR DAMAGES: Craig Hayes
PREPARED BY Michael R. Dalla, CNJPTTMENT
City Clerk
EXPLANATION
The claim of Craig Hayes arises from an occurrence on April 14, 2000
and was filed with the City Clerk's Office on June 29, 2000 .
Environmental Review �1/A
Financial Statement
N/A
STAFF RECOMMENDATION
Deny the claim, and refer to the City Attorney.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
N/A
Account No.
Resolution No.
A-200 (MO)
City of National City, California
COUNCIL AGENDA STATEMENT
'MEETING DATE August 22,2000
SECOND READING
6
AGENDA ITEM NO.
ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL
REZONING CERTAIN PARCELS OF REAL PROPERTY
(CASE FILE NO.: GP-2000-3, ZC-2000-3)
PREPARED RYJon Cain - Associate DEPARTMENT
OF THE CITY OF NATIONAL CITY \
PURSUANT TO THE LAND USE CODE
Planning
EXPLANATION
The City Council conducted a public hearing on this item on August 8, 2000 and approved the rezoning of
two properties from CT-PD Tourist Commercial to RS-3-PD Single -Family Residential. The zoning of a
third, 1.75-acre parcel was not changed. The proposed Ordinance and a separate Resolution that is part of
a related Council agenda statement are necessary to follow up on the Council action.
Environmental Review X N/A Exempt
Financial Statement
N/A
Account No.
STAFF RECOMMENDATION
Adopt proposed Ordinance.
BOARD I COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
Ordinance
Location Map
Resolution No.
A-200 (9/00)
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
REZONING CERTAIN PARCELS OF REAL PROPERTY
PURSUANT TO THE LAND USE CODE
CASE FILE NOS-. GP-2000-3, ZC-2000-3
WHEREAS, pursuant to the terms and provisions of the Government Code of the
State of California, proceedings were duly initiated for the rezoning of the parcels of real
property, hereinafter described, and for the amendment of the General Plan of the City of
National City; and,
WHEREAS, pursuant to legal notice, hearings were held by the Planning
Commission of National City and also by the City Council of National City, and all persons
interested were given the opportunity to appear and be heard before said Planning Commission
and City Council; and,
WHEREAS, the Planning Commission of National City has regularly and duly
certified to the City Council its report and has recommended such rezoning and such amendment;
and,
WHEREAS, the City Council finds the rezoning consistent with and necessary to
implement the General Plan; since the General Plan identifies home ownership as a priority and
calls for the protection of existing neighborhoods from inappropriate non-residential
development which might impact their stability or quality of life.
NOW, THEREFORE, the City Council of the City of National City, California
does ordain as follows:
Section 1. All protests, if any, against said rezoning and said amendment to the
General Plan, and each of them be and hereby are denied and overruled.
Section 2. That all the real property described below is hereby rezoned as follows:
From CT-PD to RM-3-PD for approximately 1.34 acres (58,370 square
feet) of property located at the north end of Sheryl Lane, and for street right-of-
way adjacent to that property, shown as Parcels 1 and 2 on the Location Map for
Case File Nos. GP-2000-3 and ZC-2000-3, attached to the Council agenda
statement for the August 8, 2000 hearing, on file in the Office of the City Clerk.
Section 3. That a Notice of Exemption shall be filed indicating that the rezoning is
exempt from the California Environmental Quality Act, since it can be seen with certainty that
there is no possibility that the action may have a significant effect on the environment.
Ordinance No.
Page 2 of 2
PASSED and ADOPTED this day of , 2000.
George H. Waters, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
gap:
George H. Eiser, III
City Attorney
/4ro
ito
Ie
/449
0
00
/S03
190
/3/7 '. /536
/629 00
SCALE:
1" = 200'
NORTH
/421 Parcel 2
10000 a v
Parcel 1
/510 /304
5/6 INN /5/2
Parcel 3
AMENDMENT AREA o®— ZONE BOUNDARY
NOTE: APPROVED FOR PARCELS 1 AND 2 ONLY
Sheryl Lane
GP-2000-3 ZC-2000-3
N 7 Ti®>e«8 I CITY FLANNINO
DRN, DATE:
4R12000
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE August 22, 2000
AGENDA ITEM NO. 7
i'ITEM TITLE NOTICE OF DECISION - CONDITIONAL USE PERMIT FOR A THRIFT STORE AT
1220 E. PLAZA BOULEVARD, SUITE A (APPLICANT: RUBY MULLIN) (CASE FILE NO.: CUP-
2000-12)
PREPARED BY Larry Paris — DEPARTMENT Planning
Assistant Planner
EXPLANATION
The applicant requests a Conditional Use Permit to operate a thrift store in an 18,440 square foot por-
tion of the old Von's space in South Bay Plaza Shopping Center. The applicant is re -locating from
1100 Broadway in the City of San Diego, where CCDC has acquired the space for expansion of the
trolley station.
The applicant proposes to sell new and used merchandise. Used items include formal and casual wear,
dinner ware, vases, mirrors, VCRs, stereos, sofas, chairs, televisions, drawers, and computer desks.
New items would consist entirely of furniture and account for 25-30% of the floor space. The proposed
hours of operation are from 9:00 a.m. to 6 p.m., seven days a week. Employees will deliver merchan-
dise, and no drop-off of merchandise by the general public will be accepted; this was included in the
recommended conditions of approval.
Planning Commission voted to approve the application at the July 17 meeting. At this meeting Jim
Cranford, with Centre Development which has a laundry facility at the shopping center, spoke against
the proposal, and submitted a letter explaining that the CCRs of the center prohibit a second hand store.
The applicant is in negotiations with property owners to allow the proposed use.
(Environmental Review X N/A
Financial Statement
N/A
%TAFF RECOMMENDATION
Categorical Exemption
Account No.
Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision
be filed.
BOARD / COMMISSION RECOMMENDATION
The Planning Commission voted to approve the application.
Vote: Ayes: Parra, Ungab, Baca, Martinelli, Detzer
_.._. Absent: Valerrama
ATTACHMENTS ( Listed Below
L._.
1. Planning Commission Resolution No. 15-2000
2. Location Map
Abstain: Godshalk
Resolution No.
A-200 (9/8C)
RESOLUTION NO. 15-2000
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT
FOR A THRIFT STORE AT
1220 E. PLAZA BOULEVARD, SUITE A
APPLICANT: RUBY MULLIN
CASE FILE NO. CUP-2000-12
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit application for a thrift store at 1220 E. Plaza Boulevard, Suite A, at a
duly advertised public hearing held on July 17, 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. CUP-2000-12 which is maintained by the City and incorporated
herein by reference along with evidence and testimony at said hearing; and,
WHEREAS, this action is taken pursuant to all applicable procedures required by State
law and City law; and,
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 July 17, 2000, support the following findings:
1. That the site for the proposed use is adequate in size and shape, since the proposed
activities will take place in an 18,440 square foot suite, located in an existing
shopping center on a 4.54 acre parcel.
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 proposed use is in an existing facility served by East Plaza Boulevard,
an arterial roadway with sufficient capacity to handle traffic to the site.
3. That the proposed use will not have an adverse effect upon adjacent or abutting
properties, since the project site is located in an existing shopping center which is
oriented away from nearby residences.
4. That the proposed use is deemed essential and desirable to the public convenience
and welfare, since it will provide opportunities to purchase both new and used
merchandise in one location.
BE IT FURTHER RESOLVED that the application for Conditional Use 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 Code, the California Mechanical Code, the California Plumbing
Code, the California Electrical Code, and California Title 24 energy and handicapped
regulations.
2. Plans must comply with the 1999 edition of the NFPA and the 1998 edition of the
California Fire Code.
3. Merchandise shall be attractively displayed on shelves and racks, or in a similar manner.
Merchandise shall be kept out of aisles, and shall not be stored in boxes on the floor of
the display area.
4. No less than 30% of the floor space shall be devoted to new merchandise. Prior to
opening for business the applicant shall submit a revised floor plan specifying the
locations and dimensions of space devoted to new and used merchandise.
5. Hours of operation shall be limited to 8:00 a.m. to 9:00 p.m., seven days per week.
6. Merchandise shall not be dropped off by the general public, and shall only be delivered
by employees of the store during normal business hours.
7. Before this Conditional Use Permit shall become effective, the applicant and the
property owner both shall sign and have notarized an Acceptance Form, provided by the
Planning Department, acknowledging and accepting all conditions imposed upon the
approval of this permit. Failure to return the signed and notarized Acceptance Form
within 30 days of its receipt shall automatically terminate the Conditional Use Permit.
The applicant shall also submit evidence to the satisfaction of the Planning Director that
a Notice of Restriction on Real Property is recorded with the County Recorder. The
applicant shall pay necessary recording fees to the County. The Notice of Restriction
shall provide information that conditions imposed by approval of Conditional Use
Permit 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.
8. Use authorized by this Conditional Use Permit shall be limited to a thrift store, and
except as required by conditions of approval, shall conform with Exhibit A, Case File
No. CUP-2000-12, dated June 5, 2000.
9. This permit shall become null and void if not exercised within one year after adoption
of the resolution of approval unless extended according to procedures specified in
Section 18.116.190 of the Municipal Code.
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to
the applicant and to the City Council.
BE IT FINALLY RESOLVED that this Resolution shall become effective and 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
August 7, 2000, by the following vote:
AYES: PARRA, UNGAB, BACA, MARTINELLI, DETZER
NAYS:
ABSENT: VALDERRAMA
ABSTAIN: GODSHALK
Cam-'
CHAJRMAN S
2/3
/09 //I I113 2/7 22/ 223
/01 104 % is. 2 _ 225227
229206
1/J 1/531/59 /161 /163//69 //7l /173
133
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13
I"
9 /305 8 $
SCALE:
1" =200'
NORTH
1220 E. PLAZA BLVD. STE A CUP-2000-12
14 12211
u.or Z
6,15 /234 g W
5N6 /244.9 44
1110.03
e IT /304 9
135.01
9 18 /3/4
133.613
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21317 as 99 : /316
wcr
11325 m E /320
PROJECT SITE
SUITE A
PLAZA THRIFT
1�
t RS m
122(
aseo
rue ! +s1
19103
/3/3
/326
ADJOINING BUILDINGS i -'. ZONE BOUNDARY
LOCATION MAP
NATIONAL CITY PLANNING
DRN. DATE:
6/30/20�1
INITIAL
HEARING:
7/17/2000