Loading...
HomeMy WebLinkAbout2000 10-03 CC AGENDA PKT-6e46' AGENDA OF A REGULAR MEETING NATIONAL CITY COUNCIL COUNCIL CHAMBERS 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY, OCTOBER 3, 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 ADJOURNED REGULAR MEETING OF SEPTEMBER 18, 2000 AND APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 26, 2000. t COUNCIL AGENDA 10/3/00 Page 2 MAYOR'S PRESENTATION Certificates of Appreciation - National City Railcar Plaza Ceremony PROCLAMATION Proclaiming the week of October 8t'' through 14th, 2000 as: "FIRE PREVENTION WEEK" INTERVIEWS/APPOINTMENTS Civil Service Commission - Reappointment 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. 1. Consent to assignment of Lease Agreement by the GTE Wireless of the Pacific to AT&T. (City Attorney) 2. WARRANT REGISTER #13 (Finance) Ratification of Demands in the amount of $1,015,777.75 3. Claim for Damages: Jose Refugio Sandoval Gonzalez (City Clerk) 4. Claim for Damages: Mercie Castro (City Clerk) 5. Claim for Damages: Mariano Reyes (City Clerk) COUNCIL AGENDA 10/3/00 Page 3 NON CONSENT RESOLUTIONS 6. Resolution No. 2000-126 Resolution of the City Council of the City of National City approving the request of Ad Valorem Realty Inc. for a waiver from City Council Policy Standards for Public Rights -of -Way and Public Improvements to permit a 35-foot curbline radius. (Engineering) **Refer to Item #16** 7. Resolution No. 2000-127 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Blaylock Engineering Group to prepare the structural plans for the seismic retrofit of all floors and the basement remodel of the Civic Center. (Building & Safety) 8. Resolution No. 2000-128 Resolution of the City Council of the City of National City approving a Conditional Use Permit for a thrift store at 1220 East Plaza Boulevard, Suite A. Applicant: Ruby Mullin. (Case File No. CUP-2000-12) (Planning) a OLD BUSINESS 9. Initiation of the renaming of Harrison Avenue to Marina Way. (City Attorney) NEW BUSINESS 10. Request for use of the Community Building by the Pilipino American Community of National City and request for waiver of fees. (Public Works) 11. Request for use of the South Room of the Community Building for a political advocacy forum. (Public Works) COUNCIL AGENDA 10/3/00 Page 4 NEW BUSINESS (Cont.) 12. Request for use of the Community Building by the National City Collaborative. (Public Works) 13. Request for use of the Community Building by the Sion Centro Cristiano for a New Year's Eve Dinner. (Public Works) 14. Request for use of the Community Building by the National City Community Concert Band and request for waiver of fees. (Public Works) 15. Temporary Use Permit - Seafood City Supermarket Annual Filipino -Mexican Cultural Show. (Building and Safety) 16. Notice of Decision - Approval of a tentative parcel map for the division of one lot into two with a variance to allow a reduced front yard setback in the 1200 block of K Avenue. (Applicant: Raul Thompson) (Case File Nos: LS-1999-2, Z-1999- 3) (Planning) **Refer to Item #6** 17. Notice of Decision - Approval of a Conditional Use Permit to allow alcohol sales at the relocated Wrigley's Supermarket at 34 N. Euclid Avenue. (Applicant: Sam Arabo) (Case File No.: CUP-2000-20) (Planning) 18. Notice of Decision - Approval of modification of a Conditional Use Permit to extend the permitted hours for alcohol sales at 303 Highland Avenue (Foodland IGA Supermarket). (Applicant: Foodland IGA) (Case File No. M1-CUP-1990- 19) (Planning) COUNCIL AGENDA 10/3/00 Page 5 NEW BUSINESS (Cont.) —> CITY MANAGER -* CITY ATTORNEY —> OTHER STAFF -* MAYOR —* CITY COUNCIL 19. Letter from National City Girls' Softball League requesting a donation. (Councilman Inzunza) 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 10/3/00 Page 6 NEW BUSINESS (Cont.) ADJOURNMENT Next Regular City Council Meeting - October 10, 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 DATE: SEPTEMBER 22, 2000 TO: CITY MANAGER FROM: MAYOR GEORGE H. WATERS SUBJECT: CERTIFICATES OF APPRECIATION Please put on the Council Agenda for the meeting of Tuesday, October 3, 2000 — Certificates of Appreciation —National City Railcar Plaza Ceremony. ® Recycled Paper Frodamation WHEREAS, The Great Chicago fire occurred October 8, 1871, burned for 27 hours, killed 300 persons, left 90,000 homeless, destroyed 18,000 buildings and caused $196 million in property damage; and WHEREAS, In 1911, 40 years after the Great Chicago fire, the Fire Marshal's Association of North America declared October 9th as Fire Prevention Day; and WHEREAS, In 1922 President Warren G. Harding and the Governor General of Canada joined the Fire Marshal's Association in proclaiming the week of October 9th as Fire Prevention Week in the hope that people would be reminded of the Great Chicago fire and take action to prevent fire from becoming a persona tragedy. v1tiX30„ NOW THEREFORE, I, GEORGE H. WATERS, Mayor of the City of National City, do hereby proclaim the week of October 8th through 14th, 2000 as: "FIRE PREVENTION WEEK" > BE IT FURTHER PROCLAIMED that the Mayor and the Council of the City of National City encourage all persons to increase their knowledge and awareness of fire safety and prevention measures. IN WITNESS WHEREOF, 1 have hereunto set my hand and caused the Seal of the City of National City be affixed this 3rd day of October, 2000. GEORG H. WATERS Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor SEPTEMBER 25, 2000 TO: COUNCILMEMBERS FROM: MAYOR GEORGE H. WATERS SUBJECT: CIVIL SERVICE COMMISSION Please be advised that Georgia Guarano's term on the Civil Service Commission will be expiring on September 30, 2000. Ms. Guarano is requesting consideration for reappointment. If there are no objections, I recommend we reappoint Ms. Guarano to the Civil Service Commission for a term ending September 30 , 2005. This item will be placed on the Council Agenda for the meeting of October 3, 2000. GEORGE 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 t/ Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee 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 Name: 63 UA R A N () CEo RG /A (Last) (First) (Optional) Home Address:40 /fARB LSO At 4V6. AJiQ-=r'c. C, n', A. R/950- 303 3_ Telephone: Residence (Adel -2L3 -3504- ) Business/Work ( ) NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? G ,3 SAN DIEGO COUNTY? (IO.Yg. NATIONAL CITY? 4l ye. ARE YOU A REGISTERED VOTER: YES 1/ NO Birth Date 7 - /4 3 Colleges attended and degrees held, if any: Related Professional or Civic Experience: PLEASE INDICATE BELOW ANY FURTHER INFORMATION THAT WILL BE OF VALUE REGARDING YOUR SERVICE ON THE ABOVE NAMED BOARDS, COMMITTEES OR COMMISSIONS: DATE: 9 - 23 _ OU YOUR SIGNATUR RETURN COMPLETED FORM TO: THE CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA 91950 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE AGENDA ITEM NO. 1 ITEM TITLE CONSENT TO ASSIGNMENT OF LEASE AGREEMENT BY GTE WIRELESS OF THE PACIFIC TO AT&T October 3, 2000 PREPARED BY DEPARTMENT George H. Eiser, III EXPLANATION City Attorney On December 14, 1999, the City entered into a lease with GTE Wireless of the Pacific, Inc. ("GTE") for a portion of El Toyon Park for installation of antennae facilities. GTE has requested the City's consent to an assignment of its lease to AT&T. GTE San Diego, a subsidiary of AT&T, would remain responsible for all obligations under the Lease Agreement with the City. Paragraph 31 of the Lease Agreement allows assignment of the Lease Agreement with the prior written consent of the City. Environmental Review Financial Statement X N/At There is no financial impact to the City. STAFF RECO ENDATION Authorize Mayor to sign consent to assignment. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS Q Listed Below 1 Letter from Corporate Counsel for GTE Wireless. Account No. Resolution No. A-200 (9/80) ALSTON&BIRD T T P One Atlantic Center 1201 West Peachtree Street Atlanta, Georgia 30309-3424 Alison E. Bell City of National City Attn: Tom McCabe, City Manager 1243 National City Boulevard National City, CA 91950 Dear Mr. McCabe: 404-881-7000 Fax 404-881-7777 www.alston.com Direct Dial: 404581-7557 E-nuil: abell0alstoncom September 26, 2000 Please find enclosed the original consent letter regarding National City's lease with GTE Wireless regarding the El Toyon Park tower site. Please review the proposed consent to the assignment at your earliest convenience. If there are any questions, please call me, however, if there are no additional concerns, please return the executed consent letter in the overnight envelope provided. AEB:aeb 1211 East Morehead Street P. O. Drawer 34009 Charlotte, NC 28234-4009 704-331-6000 Fax: 704-334-2014 Very xruly yours, Alison E. Bell 3605 Glenwood Avenue Suite 310 Raleigh, NC 27612-4957 919-420-2200 Fax: 919-420-2260 601 Pennsylvania Avenue, N.W. North Building, l l th Floor Washington, DC 20004-2601 202-756-3300 Fax: 202-756-3333 09/26/00 City of National City Attn: Tom McCabe, City Manager 1243 National City Boulevard National City, CA 91950 It Wireless do Alston & Bird LLP 1201 West Peachtree Street Atlanta, GA 30309-3424 Re: Lease Agreement between City of National City and GTE Wireless of the Pacific ("Agreement"), El Toyon Park Dear Sir or Madam: On June 16, 2000, GTE Wireless Incorporated, GTE Wireless of the Pacific Incorporated (collectively, "GTE Wireless"), and AT&T Wireless Services, Inc. (together with its affiliates and subsidiaries, "AT&T") entered into a definitive agreement (the "Purchase Agreement") by which GTE Wireless will transfer its ownership interest in GTE Wireless San Diego LLC ("GTE San Diego") to AT&T. Previously, GTE Wireless of the Pacific Incorporated, successor in interest to GTE Mobilnet of San Diego Incorporated, transferred and assigned its interest in, and rights and obligations under, certain agreements, including the above -referenced Agreement, to GTE San Diego (collectively, with the transaction contemplated by the Purchase Agreement, the "Transaction"). Following. the Transaction, GTE San Diego (then a subsidiary of AT&T) will continue to be the other party to the Agreement. Please note that as of June 30, 2000, and in accordance with a ruling by the United States District Court for the District of Columbia (United States v. Bell Atlantic Corp., GTE Corp., and Vodafone AirTouch PLC, No. 1:99CV01119 (D.D.C.)), control over GTE San Diego was turned over to Joseph J. Simons as trustee of the property until the closing of the Transaction (the "Appointment"). During the Appointment however, GTE Wireless remains financially responsible for GTE San Diego's operations. Until the closing of the Transaction, GTE Wireless and GTE San Diego will continue to operate in their current manner. AT&T and GTE San Diego are not presently seeking to modify any existing rights with respect to the above -referenced Agreement. Upon closing of the Transaction, GTE San Diego (then a subsidiary of AT&T) will remain responsible for all obligations under the Agreement, including the payment of any sums due thereunder. You will receive a follow-up letter in the event that contact and address information should change. City of National City 9/26/2000 Page 2 By this letter, GTE Wireless and GTE San Diego request your consent to the Transaction and the Appointment as they relate to the Agreement. Please indicate your consent by executing this letter in the space provided below where indicated and return it in the enclosed overnight envelope by September 27, 2000. If you have any questions, please call Alison Bell at (404) 881- 7557. Veryltruly�`_yours, CJ, Christopher S. Morter, Esq. Corporate Counsel GTE Wireless Accepted and Agreed by City of National City: By: Name: Title: cc: Burton S. Myers, City Engineer Engineering Department City of National City 1243 National City Boulevard National City, CA 91950 MEETING DATE 10/03/00 City of National City, California COUNCIL AGENDA STATEMENT 2 AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER #13 PREPARED BY ROBERT A. RABAGO EXPLANATION Ratification of Warrant Register #13 per government section code 37208. DEPARTMENT FINANCE CEnvironmental Review STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $1,015,777.75 N/A BOARD / COMMISSION ECOMMENAT ON ATTACHMENTS ( Listed Below ) 1. Warrant Register #13 2. Payroll dated 9/27/00 3. Workers' Comp Warrant Register dated 9/20/00 Resolution No. A-200 (9: 99) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 3, 2000 AGENDA ITEM NO. 3 ITEM TITLE CLAIM FOR DAMAGES: Jose Refugio Sandoval Gonzalez PREPARED BY Michael R. Dalla, Clp"RTMENT City Clerk EXPLANATION The claim of Jose Refugio Sandoval Gonzalez arises from an occurrence on August 8, 2000 and was filed With the City Clerk's Office on September 13, 2000. 2 Environmental Review Financial Statement N/A XXVA Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below j Resolution No. N/A A-200 (9/80) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 3, 2000 4 AGENDA ITEM NO. (-ITEM TITLE CLAIM FOR DAMAGES: Mercie Castro PREPARED BY Michael R. Dalla, C1S'4RTMENT City Clerk EXPLANATION The claim of Mercie Castro arises from an occurrence on September 11, 2000 and was filed with the City Clerk's Office on September 13,.2000 Environmental Review _V/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 ( N/A .................. . . A-200 (9/80) _. _.._....__. _.. Resolution No. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 3, 2000 AGENDA ITEM NO. 5 ITEM TITLE PREPARED BY EXPLANATION The claim of Mariano Reyes arises from an occurrence on September 11, 2000 and was filed with the City Clerk's Office on September 12,.2000 CLAIM FOR DAMAGES: Mariano Reyes Michael R. Dalla, CIV4 JRTMENT City Clerk Environmental Review Financial Statement N/A XNI/A Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) N/A A-200 (9/80) Resolution No. City of National City, California **CONSIDER IN CONJUNCTION COUNCIL AGENDA STATEMENT WITH ITEM #16** MEETING DATE Ortohpr 3 9000 6 AGENDA ITEM NO. (-ITEM. TITLE Resolution of the City Council Approving a Waiver from Council Policy Standards for Public Rights -of - Way and Public Improvements installed thereon Adopted by Ordinance No. 92-2033 on June 16, 1992 PREPARED BY Michael Long DEPARTMENT Engineering EXPLANATION AD Valorem Realty, Inc., a local developer, is requesting a waiver of the Council Policy Standards for Public Rights -of -Way and Public Improvements installed thereon. The developer is proposing a lot split in the 1200 block of "K" Avenue. Chapter 13.22 of the National City Municipal Code requires that all missing street improvements be constructed in accordance with City requirements. Sub -section 1.3.9 of the Council Policy Standards states that cul-de-sac must have a 40 foot radius. The improvements currently in place on the west half of the cul-de-sac include a 35 foot curbline radius. (Not current standard). According to AD Valorem Reality, Inc., the standards for cul-de-sac dimensions would deny them the ability to develop this property due to design, construction, aesthetic, and cost constraints. It is for these reasons they are requesting the waiver and permission to design the cul-de-sac improvements with a reduced set back per the attached tentative parcel map. The Fire Department has approved the alternative design contingent upon sprinkler systems being installed as part of the proposed developments. It is the responsibility of the Engineering Department to adhere to current standards which provide necessary traffic flow patterns, access, surface improvements and public safety. The Department understands the difficulty these standards pose to the proposed development, due to the steep grade of the property and the extensive grading and retaining walls that would be required. We recommend, if this alternative design is approved, that a no parking requirement within the nu_ e-sac_ be incorpojated into the design to minimize the impacts of the reduced cul-de-sac dimensions. Environmental Review Financial Statement No fiscal impact. The F RECOMMENDA TEngiineering Depart - - /4. Al en thCity uncil uphold the current policy. However, in light of development constraints, if the City Council proves a waiver from the City standards, we recommend that parking be prohibited in the cul-de-sac X N/A Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Tentative Parcel Map 3. Waiver Request Letter A 200 (9/80) Resolution No. 2000-126 RESOLUTION NO. 2000 — 126 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE REQUEST OF AD VALOREM REALTY INC. FOR A WAIVER FROM CITY COUNCIL POLICY STANDARDS FOR PUBLIC RIGHTS -OF -WAY AND PUBLIC IMPROVEMENTS TO PERMIT A 35-FOOT CURBLINE RADIUS WHEREAS, sub -section 1.3.9 of the City Council Policy Standards state that cul- de-sac must have a 40-foot radius; and WHEREAS, AD Valorem Realty, Inc. is processing a parcel map in the 1200 block of "K" Avenue; and WHEREAS, as part of its development, AD Valorem Realty, Inc. is requesting a waiver of the City Council Policy Standards for Public Rights -of -Way and Improvements installed thereon as adopted by Ordinance No. 92-2003 on June 16, 1992 to permit a 35-foot curbline radius on the west side of the cul-de-sac; and WHEREAS, according to AD Valorem Realty, Inc., the standards for cul-de-sac dimensions would deny them the ability to develop this property due to design, construction, aesthetic, and cost constraints to design the cul-de-sac improvements with a. reduced set back. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves a waiver from the City Council Policy Standards for Public Rights -of -Way and Public Improvements installed thereon as adopted by Ordinance No. 92-2033 on June 16, 1992 to permit a 35-foot curbline radius on the west side of the cul-de-sac in the 1200 block of "K" Avenue. PASSED and ADOPTED this 3rd day of October, 2000. George H. Waters, Mayor ATTEST: APPROVED AS TO FORM: , ' (_• al Michael R. Dalla, City Clerk George H. Eiser, III City Attorney NOT TO SCALE • 70 -- OCNC --- .ate CONC DRIVE HOUSE CONTOUR INTERVAL 2 FT. GRAPHIC SCALE 0 30 80 SO SURVEYING AND MAPPING BY E. G. CHAPMAN. INC. - OCTOBER 10, 111122 ASPHALT TENTATIVE yAP PARCEL VAP NO. CITY OF NATIONAL CITY Sy�p,0 I^jG mtrit \ 1 CONC �„ 0 C4c %9 OWNER'S STATEMENT: APPTHE ROVE SAIDSOF THE MAP AND THEPFILINGTY DVERED THEREOFY THIS MAP NEARBY DAVID G. HARGROVE AND BING MINERVA AS OWNERS. BY: BY: DAVID G. ARGRRGq VC BING MINERVA ADDRESS: 14ULEVARD NA? ONAL0 TCITY. CAAZA LIFORNIA 91950 PHONE: (619) 474-2685 COMMERICAL BUILDINGS HOUSE LEGEND PROPERTY BOUNDARY 'BOA` CONTOUR LINE Q SEWER MANHOLE STORM DRAIN MANHOLE O WATER VALVE 4 POWER POLE # LIGHT POLE TREE IC PINE TREE LEGAL DESCRIPTION BEING A TWO LOT SUBDIVISION OF PARCEL 2, PARCEL MAP NO. 14165 IN THE CITY OF NATIONAL CITY. COUNTY OF SAN DIEGO. STATE OF CALIF- ORNIA ACCORDING TO SAID PARCEL MAP THEROF NO. 14185, FILED IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY FEBRUARY 26, 1986. ASSESSORS PARCEL NO. 561-030-33 ASSESSORS PARCEL NO: BOOK: 561 PAGE: 030 PARCEL: 33 SITE ADDRESS: K AVENUE SITE USAGE: EXISTING USE: VACANT LOT PROPOSED USE: SINGLE FAMILY RESIDENCE ZONING: EXISTING: RS2 PROPOSED: RS2 LAND USE DESIGNATION: SUBJECT PROPERTY: RESIDENTIAL AOJECENT: RESIDENTIAL TOTAL NO. OF PARCELS: 2 LOT 1 6901 SG. FT. GROSS S NET LOT 2 6949 SO. FT. GROSS G NET BENCHMARK: NATIONAL CITY BRASS PLUG IN CURB AT NW CORNER OF 13 TH AND K AVE. 4-177-30 ELEVATION: 96.30 FLOOD ZONE DESIGNATION: THE PROPERTY SHOWN ON THIS MAP IS NOT WITHIN THE 500 YEAR FLOOD PLAIN AND 75 DESIGNATED ZONE X. AS SHOWN OF MAP PANEL 06073C-1912F DATED JUNE 19, 1997. TOPOGRAPHY: BY FIELD SURVEY METHODS USING NIKON 420 TOTAL STATION. SURVEYOR'S STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND 15 BASED UPON A FIELD SURVEY IN CONFORMANCE WITH TH E REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF OAVID G. HAP ROVE AND BING MINERVA ON OCTOBER 6. 1999 AND I STAT THA E 5 V Y IS TRUE AND COMPLETE AS SHOWN. NU. 6669 g //��y}1��y_A-- 6-30- E .1��2' qoM4sAnbe�16�l999 'GPM,�q� E. GARY HAPMAN LES659 OATS tNt. � MY LICENSE EXPIRES 6-30-2000 MAP PERPARED NOVEMSER 15, 1999 ADIIAL®REM READ f, INC. 1635 Sweetwater Road, Suite D, National City CA 91950 Ph# (619) 474-2685 Fax (619) 474-1699 September 13, 2000 National City Planning Dept 1243 National City Blvd. National City, CA 91950 Attention: City Council Members Re: Case# LS 1992-2, 7-1999-3, IS-2000-2 NATIONAL CITY PLANNING DEPARTMENT SEP 14 To Whom It May Concern: We the developers of the aforementioned property do hereby respectfully request a wavier from the City engineering standard which would require the expansion of the existing Cul-de-sac at our paces ty on `K' Street. As we hope is apparent, we have from the inception of this project, endeavored to abide by all of the known city codes and standards. Understandably though, the literal interpretation of those standards sometimes becomes impractical. Such as the case with a similar project which occurred on Thelma Way, to have followed the literal interpretation of the code in that case would have ultimately deprived the property owner from the fundamental right of home ownership. The Council approved their waiver from the City standard and today you have a meaningful contribution to the community. The hard reality is that with all of the considerations of meeting this standard: Design, demolition, construction, aesthetics and cost, we are faced with the fact that the standard is simply too prohibitive. To the degree which essentially denies us the ability to actually develop this property. As you know, this property has stayed vacant for too many years. We on the other hand are attempting to change that and are legitimately attempting to make everyone happy in the process. But your consideration of these facts is crucial to the process. Your consideration and granting of our request is therefore greatly appreciated. Respectfully, David G. Hargrove, Owner "Working Hard To EARN Your Trust" City of National City, California COUNCIL AGENDA STATEMENT MEETING DATEOctober 3, 2000 7 AGENDA ITEM NO. ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO PREPARE THE STRUCTURAL PLANS FOR THE SEISMIC RETROFIT (ALL FLOORS) AND BASEMENT REMODEL OF THE CIVIC CENTER TO BLAYLOCK ENGINEERING GROUP PREPARED BY Kathleen Trees, DirectoEPARTMENT Building and Safety EXPLANATION See staff report. Environmental Review X N/A Financial Statement The cost for the complete set of structural plans is $70,120. This is a budgeted CIP for the current fiscal year. Project number 1575. "72-'7. 189' t#08-1575 STAFF RECOMMENDATION Adopt the Resolution awarding the contract to Blaylock Engineering Group to prepare the structural documents for the Civic Center basement remodel and complete seismic retrofit. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Resolution Attachment A Staff Report Attachment B Contract Resolution No. 2000-127 A-200 (9/80) RESOLUTION NO. 2000 —127 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH BLAYLOCK ENGINEERING GROUP TO PREPARE THE STRUCTURAL PLANS FOR THE SEISMIC RETROFIT OF ALL FLOORS AND THE BASEMENT REMODEL OF THE CIVIC CENTER WHEREAS, the City desires to employ a contractor to prepare construction documents for the seismic strengthening of all floors and a remodel of the basement of the National City Civic Center as specified in Attachments "A" and "B"; and WHEREAS, the City has determined that Blaylock Engineering Group is a structural engineering firm and 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 Blaylock Engineering Group to prepare the structural plans for the seismic retrofit of all floors and the basement remodel of the Civic Center. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 3"' day of October, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney STAFF REPORT Summary The City Council is well aware of the seismic risk present with the City Hall structure. Earlier this year the City Council heard a preliminary report by our consulting structural engineer indicating that the building could be successfully retrofitted in a cost -beneficial way. At that presentation, the City Council asked Staff to return with better cost estimates and a way to phase construction so that the retrofit could begin. Before you this afternoon is a proposal to spread the retrofit over three phases and to have the same structural engineer prepare complete plans and specifications for all phases now. Sufficient resources exist to handle the design of the plans and specifications and the actual construction of Phase 1 seismic improvements this budget year. Phases 2 and 3 will be accomplished as monies become available. In addition, Staff is recommending coupling the heavy construction work of the Phase 1 seismic upgrade with the next project in the Civic Center remodeling effort. This project would relocate Personnel downstairs adjacent to Finance; open up elevator access to the basement level so that customers who are inside the building are not forced to leave the building to go to Finance; construct a new Finance/Personnel lobby to better serve customers, and; add a new conference room to the East side of the new Finance/Personnel lobby. The specific action recommended this afternoon is to award a contract to prepare the structural plans for the seismic upgrade and the basement remodel. Background On April 6, 1999, the City Council approved a contract with Blaylock Engineering Group for the Seismic Evaluation of the Civic Center Building. This preliminary evaluation consisted of an inspection and testing of the building to determine its strength; a structural analysis of the building; a determination on whether or not the Civic Center could be strengthened; a proposal for strengthening the building; and the costs of strengthening the building. On December 7, 1999, this preliminary evaluation was completed and the results presented to the City Council. The structural analysis determined that the best way to strengthen the building was to add concrete shear walls inside the building at all levels and to strengthen the columns at the front entry. The locations were chosen for the interior shear walls in order to minimize disruption of the existing offices (see attachment A). The exterior of the building will remain untouched. The estimated cost of the retrofit was $780,000. This figure does not include the design work for the retrofit. A contract to accomplish that work is before you this afternoon. The engineers also advised that there would be an advantage to the city in cost savings and elimination of duplicate efforts by combining the retrofit with the ongoing interior remodel of the Civic Center. 1 The Need for the Seismic Retrofit The potential for a damaging earthquake exists in National City. The Civic Center is situated only 1 %z miles from the active Rose Canyon Fault and between 50 to 100 miles of the Elsinsore, San Jacinto, San Andreas and San Clemente faults. The Rose Canyon Fault has a 60% to 65% chance of producing a magnitude 6 earthquake within any 100 year period. This proximity to the fault has resulted in the reclassification of the City of National City into seismic zone 4. This higher classification in combination with the higher levels of design required in each code cycle has resulted in design requirements which are 75% higher than was required in 1965 when this building was built. The most important reason to retrofit the building is the potential to save the lives of all those who use the building and of those who work in the building. This retrofit will allow the building to resist a moderate earthquake with a low probability of structural damage and no probability of collapse or to resist a major or severe earthquake with some structural damage, but a low probability of collapse. In simpler terms, the building will remain standing allowing the occupants to exit, with no damage to the building or minor damage depending on the size of the earthquake. Cost is another reason to retrofit the building. The City of National City does not purchase earthquake insurance. In the event that the building is damaged by an earthquake, the City must spend the money to repair or replace the building. The cost of retrofitting the building will be lower than repairing or replacing the building after an earthquake. Benefits of the Basement ("Garden Level") Remodel For the last several years the City has been remodeling the Civic Center to address certain customer service deficiencies, to enhance the work environment and to modernize the building. The remodel began with the relocation of the Finance Department to the former Police space and continued to the northern portion of the 1 s` floor with the Building and the Planning department projects. The next phase of the remodel is to relocate the Personnel Department to the Garden Level and to expand the Engineering Department, which is operating in extremely tight quarters. The relocation of the Personnel Department would include a new central lobby where the Finance Department lobby is now located (see attachment B). The Personnel Department counter would also be located in the lobby. This lobby would be much larger with increased counter space to allow more work stations to serve customers of both the Personnel and the Finance departments. This additional lobby and counter space would increase the customer service levels in both departments. Customers would no longer have to line up outside the building while waiting to pay bills and Personnel customers would have a more appropriate environment in which to complete job applications. 2 It is likely that the remodel and seismic activity will result in the permanent displacement of the South Bay Economic Development operation currently located in the Garden Level. Approval of this agenda item this afternoon will cause Staff to begin discussions with this group over the possible termination of their lease. This remodel includes opening up the elevator to the Garden Level and the corridor to the new lobby for the public. This is a much -needed improvement in customer service. This will eliminate the need for the public to go out outside and sometimes into the rain in order to pay for the permits they obtain from the Building, Engineering and Planning departments. It also eliminates the need for the elderly citizens to walk up and down the steep hill to the lower floor. There would be less foot traffic through the north hall and it would eliminate the need for the counter persons there to direct approximately 20 to 40 customers a day to the basement. Relocating the Personnel Department will allow them to expand from their current cramped space. From a workflow standpoint it is also preferable for Personnel to be located close to Finance because of the heavy reliance on one another's records throughout the workday. Included is a conference and testing room for applicants to use. Interviews will also be conducted in this space. The area also includes a proposed community conference room. This community room would be accessible from the outside and could be used for city staff meetings, testing of potential employees, training and potentially by community groups. Combining the Remodel and Seismic Upgrade There are two reasons to combine the two projects. These are cost saving and less disruption of staff. The cost savings will be realized with the combination of the structural drawings and bid documents eliminating the need to have separate contracts documents made for each project (seismic and remodel). In addition, each job requires that the contractor set up and tear down before and after a job. Combining this would save in this area. In addition, there would be less disruption of the staff when the jobs are combined. Phasing the Project Due to financial constraints the structural engineer was asked to come up with a feasible plan for phasing the project over several years. It was determined that this could be accomplished by dividing the project into three phases. Each phase would consist of one floor of the building. Before you this afternoon is a proposal to proceed with formal structural plans and specifications, which would include design for the entire seismic retrofit project and rough construction for the Garden Level remodel. The cost of these structural drawing and specifications would be $70,120. If the contract is approved this afternoon drawings would be completed by April 1, 2001. Thereafter, actual construction would be anticipated in three phases, as follows: 3 Phase 1 The first phase would include the Garden Level seismic retrofit and remodel. This phase is scheduled to be completed by July 1, 2001 and would result in the relocation of the Personnel Department. The cost of this phase of the project would be $380,000. Phase 2 The second phase includes the 1st floor seismic and the expansion of the Engineering Department into the old Personnel space and remodel of their existing space. This phase would be completed by July 1, 2002. The cost of this phase of the project would be $219,000. Phase 3 The final phase includes the 2nd floor seismic retrofit, the retrofit of the columns at the front entrance and the remodel of the remaining portions of the 2"d floor. It would be completed by July 1, 2003. The cost of this phase of the project would be $244,000. Financial Analysis $450,000 is budgeted as a current CIP for this project under CIP Project Number 1575. Costs for the project as estimated as follows: $450,000 Plans and specifications for all three phases; construction of Phase 1 seismic improvements and rough construction of Garden Level remodel. $219,000 Construction of Phase 2 seismic improvements $244,000 Construction of Phase 3 seismic improvements $914,000 Total To these numbers would need to be added costs for the finish construction of the Garden Level remodel. Staff will not proceed with rough or finish construction on the remodel until bids are in and costs are compared with available resources. We are anticipating some savings over the engineers estimate because of the combination of the seismic and the remodel projects, but we will only know when bids are reviewed. In addition, additional funds are available in the Civic Center Refurbishing Fund, which could be committed to the project. Phases 2 and 3 will, likewise, not proceed until resources and bid amounts are known. 4 Recommendation 1. Approve the contract and authorize staff to proceed with the plans and construction for the seismic retrofit and Garden Level remodel. 5 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND BLAYLOCK ENGINEERING GROUP THIS AGREEMENT is entered into this 3rd day of October, 2000 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Blaylock Engineering Group (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to prepare construction documents for the seismic strengthening of the National City Civic Center located at 1243 National City Boulevard, National City, CA as specified in Exhibit A. WHEREAS, the CITY has determined that the CONTRACTOR is a Structural Engineering Firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. 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. Revised 52000 3. PROJECT COORDINATION AND SUPERVISION. Kathleen Trees 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. Mathew Martinez thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shall not exceed the schedule given in Exhibit A (the Base amount) without prior written authorization from the Building & Safety Director. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the 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 B. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall be considered instruments of professional service, nevertheless they 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 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 disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 Revised 5/2000 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. The CITY agrees, to the fullest extent permitted by law, to indemnify and hold the CNTRACTOR harmless from any claim, liability or cost (including reasonable attorney's fees and defense costs) arising out of any unauthorized reuse or modification of the construction documents by the CITY or any person or unity that requires or obtains the plans and specifications from or through the CITY without the written authorization of the CONTRACTOR. 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, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the 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. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, 3 Revised 5/2000 and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 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 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 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 take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 4 Revised 5/2000 13. CONFIDENTIAL INFORMATION. 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. INDEMNIFICATION 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, of or by anyone whomsoever, in any way resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, 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. 16. INSURANCE, The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: 5 Revised 5/2000 ❑ A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $2,000,000 per claim/aggregate. 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 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, except for Professional Liability. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and fmancial size category rating of not less than A VIH 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 6 Revised 5/2000 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. Either the CITY or the CONTRACTOR may terminate this Agreement at any time with or without cause upon giving the other party 60 calendar days prior written notice. The CITY shall within 90 calendar days of termination pay the CONTRACTOR for all services rendered and all costs incurred up to the date of termination, in accordance with the compensation provisions of this contract. 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 7 Revised 5/2000 reorganisation of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Tom G. McCabe City Manager City of National City 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: Mathew Martinez, SE Blaylock Engineering Group 1775 Hancock Street, Suite 250 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 INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the 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 8 Revised 5/2000 the CITY in which the CONTRACTOR has a financial interest as deemed in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the 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. 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 9 Revised 5/2000 of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY BLAYLOCK ENGINEERING GROUP (Two signatures required) By: By: George H. Waters, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney V t Lk Pre-11 + (Title) /�,614(By: 3 (Name) 14/Ttei.!%',67S/7' (Title) 10 Revised 5/2000 Exhibit A Blaylock Engineering Group July 26, 2000 Structural Engineers Albert J. Blaylock S.E. • Matthew N. Martinez S.E. Thomas E. Spencer S.E. • Carson H. Creecy, Ill S.E. (1952-1993) Associates Cameron D. Duncan 5.E. • Gary W. Tubach S.E. National City Building Department 1243 National City Blvd. National City, CA 91950 Attention: Ms. Kathleen Trees, Director - Building & Safety Department Subject: Revised Fee Proposal - Seismic Strengthening of National City Civic Center Dear Ms. Trees: At your request, we have revised our April 03, 2000 fee proposal for preparation of construction documents for the above -referenced project. This revised proposal reflects relocation of the shear wall at grid line 4.5 towards the interior of the building to allow for construction of a service counter in the basement area. This proposal also makes provision for depicting certain non -bearing interior partition walls slated for demolition. It is our understanding that the demolition will be part of a tenant -improvement project being prepared by the City for simultaneous bid and construction with the seismic strengthening project. All other elements of this proposal are based on the recommendations for seismic strengthening as described in the document entitled "Seismic Strengthening Investigation - National City Civic Center", August 1999. You have indicated that the City is contemplating letting -out the construction contact in three increments over consecutive fiscal years due to budgetary constraints. It is our understanding that the increments are to be divided by floor area, i.e. basement; first floor; and second floor. Strengthening to roof canopy and exterior entrance columns would be included with the second floor work. We also understand that the City may combine the seismic strengthening work with certain interior tenant improvements (T. I.). This fee proposal does not include design of the T. I. work because you have indicated that the City will develop these documents in-house. Blaylock Engineering Group and an architectural consultant can provide a fee proposal for the T. I. package, if desired. Although the construction will be implemented in three phases, it is our recommendation that the City allow preparation of the construction documents addressing the full -scope of seismic strengthening, as opposed to preparing three separate structural packages. The documents can be configured for a phased construction approach, using a single contractor, or allowing for individual bidding of each phase. If the City is preparing the 1775 Hancock Street, Suite 250 San Diego, California 92110-2036 Phone (619) 543-4719 • FAX (619) 543-0667 • www.blaylock.net Blaylock Engineering Group Page Two Letter to Ms. Kathleen Trees July 26, 2000 T. I. packages for separate phases, the responsibility for incorporation of the seismic strengthening documents into the overall bid package should fall to the City. The following is an outline of our recommended Scope of Work and costs associated with the various elements developed using the enclosed Hourly Rate Schedule: I. CONSTRUCTION DOCUMENTS A. Drawings - Develop structural drawings for the seismic strengthening work. Listed below is our anticipated sheet count and estimated effort associated with each sheet. SHT. HRS./PRIN. HRSJSTAFF HRS./CAD NO. TITLE ENGINEER STRUCT.ENG DRAFTING T1 Title Sheet / Location Map / Drawing Index 2 8 12 SI General Notes and Typical Details 4 20 16 S2 Basement Demolition Plan 2 - 10 12 S3 Basement and Foundation Plan 4 24 24 S4 First Floor plan 4 24 24 S5 Second Floor Plan 4 24 24 S6 Roof Framing Plan 4 24 24 S7 Foundation and Wall Details 4 32 24 S8 Floor and Column Details 4 32 24 S9 Roof Details 4 32 24 S10 Wall Elevations 4 32 24 S11 Miscellaneous Details 4 24 20 TOTAL HOURS 44 286 252 Cost: Prepare construction drawings $52,130.00 B. Specifications - Prepare technical specifications for the seismic strengthening in standard Construction Specifications Institute (CSI) format. General Conditions and Tenant Improvement -related sections of the specifications are to be prepared by the City. HRS./PRIN. HRS./STAFF ENGINEER STRUCT. ENG. 12 40 Cost: Prepare specifications $5, 760.00 Blaylock Engineering Group Page Three Letter to Ms. Kathleen Trees July 26, 2000 C. Construction Schedule - Prepare construction schedule for three-phase project. Address restrictions regarding swing shift, nighttime and weekend work. HRSJPRIN. HRS./STAFF ENGINEER STRUCT. ENG. 2 8 Cost: Construction Schedule $1,100.00 D. Cost Estimate - Revise cost estimate from the aforementioned . report in accordance with the contract documents. HRSJPRIN. HRS./STAFF ENGINEER STRUCT. ENG. 2 20 Cost: Revise cost estimate $2,360.00 II. ATTENDANCE AT MEETINGS - Attend meetings as necessary to establish project guidelines, scheduling, coordination with T. I. projects and plan check. HRSJPRIN. HRSJSTAFF ENGINEER STRUCT. ENG. 8 16 Cost: Attendance at Meetings $2,720.00 III. CONSTRUCTION PERIOD SERVICES - Provide Office consultation, shop drawing review, and attendance at bi-weekly construction meetings. Note that this fee proposal is addressing construction period services for the first phase of construction only (assumed to be a three-month period). It is also assumed that construction period services for the T. I. portion of the project are the responsibility of the City. HRS./PRIN. HRS./STAFF ENGINEER STRUCT. ENG. 8 48 Cost: Construction Period Services $6,080.00 Blaylock Engineering Group Page Four Letter to Ms. Kathleen Trees July 26, 2000 We appreciate the opportunity to present this proposal to the City of National City. It represents our understanding of the Scope of Work necessary to prepare contract documents for seismic strengthening. We propose to perform the listed services for a lump sum fee of Severity Thousand One Hundred -Fifty Dollars ($70,150.00). Should you have any questions in regards to the information contained in this proposal or wish to discuss the factors considered in its development, please do not hesitate to call. Very truly yours, BLAYLOCK ENGINEERING GROUP Matthew N. Martinez, SE MNM:mnm Enclosure \\BEG FS1\VOLT\\SECURE\FEEPROWATCITYREVCIVCTRSEISMICPROPLTR.DOC Blaylock Engineering Group Structural Engineers Albert J. Blaylock S.E. • Matthew Isl. Martinez S.E. Thomas E. Spencer S.E. • Carson H. Creecy, III S.E. (1952-1993). Associates Cameron D. Duncan S.E. • Gary W. Tubach S.E. HOURLY FEE SCHEDULE APRIL 2000 Albert J. Blaylock, SE $145.00 Matthew N. Martinez, SE $130.00 Thomas E. Spencer, SE $130.00 Staff Structural Engineer $105.00 Staff Civil Engineer $95.00 CAD Operator $65.00 Engineering Technician $40.00 Secretarial $40.00 \\BEGFS_1 \ SECURE \FEEPROW ATCITY\FEESCHED'OO.DOC 1775 Hancock Street, Suite 250 • San Diego, California 92110-2036 Phone (619) 543-4719 • FAX (619) 543-0667 0 www.blaylock.net EXHIBIT B COMLETION DATE Construction documents to be completed and delivered to the Building and Safety Department within nine (9) months for the Notice to Proceed. ATTACHMENT A 0 RJ 0 - I I EXISTING CONCRETE FOOTING TYPICAL r - - - H _ I � L ❑ I I 2D-0° EXISTING CONCRETE COLUMN TYPICAL 24-0' __ter____® SAWCUT. CHIP AND REMOVE EXIST.4" CONC. SIASON-GRADE 0 0 I 0 EXISTING ' EXIST. 4' CONC. SLAB - CONCRETE ON4RADE W/ NANA WALL-TYP. 4W1AWELDEDWIRE MESH JI ❑ 1 I 24'.0° 0 0 24 o EXIST. r CONC. BLOCKNONBEARM6 PARTITION WALLS L. r' BASEMENT DEMOLITION PLAN SCALE 1B'41 W N-0" yTW ^1 I 1 L_ _J L_1_J g —PHASE2-TENANT AV B IFPROVBANTS--ROFCOLS I r- tl_--1 0 0 2P-0" 9,0' r- . 1 i L_�_J L r J J SAWgR,CHIP AND I t REMOVE EgMT.4" ! 1 CONC. SLAB-COGRADE, Y Blaylock Engineering Group SEISMIC STRENGTHENING INVESTIGATION NATIONAL CITY CIVIC CENTER City of National City California 0 0 0 20'-0" I I I ❑ I I I I I 11' NEW CONC. FOOTING- "4„,, 0 24.-0. k 24LO" / 17-0' �. 12.O 98' I ❑ I GCE CONCL WALL&FIG. \I \ �I L NEW GONG. FOOTING 0 'L J NEW 12° CONC.WALL r TYP. r---r r----t FOUNDATION PLAN SCALE, iIr 1 ' 0 T 29-0' t " "'I 1 W I I I I I I r°- PHASE 2OFTENANT MPROVEMENTSp ��p 0 I 1 - iOF COLS 1 1 r r-11---I `1_-=1____1� I r- �L 1 1 J I r' ti -J Blaylock Engineering Group 0 2141' 0 94 I NEW 72° r l CONC.WALLI t TYP. U.NA. L -I -N. II 3N1' 1 �.,......._ i ❑ I COWS' 1 1 I I CIXIC.WALLJ J T- 1Z-01' i -1. 1 SEISMIC STRENG1'HLNING INVESTIGATION NATIONAL CITY CIVIC CENTER City of National City California x PHASE I OF TENANT IMPROVEMENTS x x 244Y 24'-0" x x x x 2V-0' f 2,�6' , 3 aa' OF BEAM AND PANEL .,. SECTION'C a NEW 1r I 1 '. CONC. WAIL I �._-_ _ TYP. I I ae N 1 1 ! 1 I I o ❑ ❑ ❑ 1 ❑ 1 FIG.3•T, TYP. NEW I2' CONC. WALL TYP. 3.4 r r Erma EOSNNcaRECAST CONCRETE PANEL, TYPICAL -- —EXISTING .CONCRETE WAFFLE BUB.TYPICAL L !1 FIRST FLOOR FRAMING PLAN gall F IOW" 34' Nos NEW 1r CONC. WALL TYP. 2P-0' 1 UT 1 1 FIDERAEREORCED COMPOSITE WRAP AT3COLUMNB Ws sr ❑ PHASE 2 OF TENANT IMPROVEMENTS Blaylock SEISNIIC STRENGTHENING INVESTIGATION Engineering C:ronn NATIONAL CITY CIVIC CENTER City of National City California O 0 O 3 TAY ZOO' DOMINO PRECAST CONCRETE PANEL, TPICAL EXISTING CONCRETE WAFFLE SLASIMPICAL Z4O FlB. 3-7, TP. NEW 12' CONC. WALL O FAO" SECOND FLOOR FRAMING PLAN SCALE 118'.1%0" 12' FACE OF PANEL Blaylock Engineering Group SEISMIC STRENGi'HLNING INVESTIGATION NATIONAL CITY CIVIC CENTER City of National City California ATTACHMENT B City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 3, 2000 AGENDA ITEM NO. 8 TEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A THRIFT STORE AT J.220 E. PLAZA BOULEVARD, SUITE A. APPLICANT: RUBY MULLIN. CASE FILE NO. CUP-2000-12. PREPARED Y Jon Cain - Associate Planne DEPARTMENT Planning EXPLANATION. The City Council conducted a public hearing on this item on September 19, 2000 and approved the Conditional Use Permit for the thrift store. The attached resolution will finalize Council action. Environmental Review X N/A Financial Statement N/A Account No STAFF RECO ENDATION Adopt the attached resolution. A40 BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution Resolution No. 2000-128 A-200 (Rev. 9/SO) RESOLUTION NO. 2000 — 128 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A THRIFT STORE AT 1220 EAST PLAZA BOULEVARD, SUITE A. APPLICANT: RUBY MULLIN CASE FILE NO. CUP-2000-12 WHEREAS, the City Council of the City of National City considered a conditional use permit application for a thrift store at 1220 East Plaza Boulevard at the regularly scheduled City Council meeting of September 19, 2000, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. CUP-2000-12 which is maintained by the City, and incorporated herein by reference; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, this action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the testimony and evidence presented to the City Council at the public hearing held on September 19, 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. 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, and the store will be oriented away from nearby residences. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will fill vacant space, in conformance with General Plan policy, and provide opportunities to purchase both new and used, low cost merchandise in a large shopping center with a variety of retail businesses and services. Resolution No. 2000 —128 October 3, 2000 Page Two BE IT FURTHER RESOLVED that the application 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 shall be transmitted forthwith to the applicant; and BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 3'U day of October, 2000. Al'ThST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: MC George H. Eiser, III City Attorney George H. Waters, Mayor City of National City, California OLD BUSINESS COUNCIL AGENDA STATEMENT October 3, 2000 MEETING DATE ITEM TITLE AGENDA ITEM NO. INITIATION OF THE RENAMING OF HARRISON AVENUE TO MARINA WAY PREPARED BY DEPARTMENT George H. Eiser, IIIirice, EXPLANATION The City Council has discussed, but not taken formal action, to change the name of Harrison Avenue to Marina Way. Before procedures are commenced to accomplish the name change, staff is requesting direction from the Council as to whether the entire length of Harrison Avenue, namely from 18th Street to 19th Street, and from 22`d Street to 32'd Street, is to be renamed, or only the portion from Bay Marina Drive to 3rd Street. A map depicting the entire length of the street currently known as Harrison Avenue is attached. Environmental Review Financial Statement N/A STAFF RECO ENDATIO - Provide direction to staff. X N/A BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below Map depicting Harrison Avenue Account No. Resolution No. A-200 (9/80) h Z` CP IL ° xtn a k w x 559-II iix,,g Z I -* - it _ 12 N�PI� 14 ; . INTERSTATE 5 N V qz I- x ^aa�:• [3�:1?�il .11 ti 4 MC KINLEY I — .En 0I I I 1 1 1 1 221 21 20119 18 17116115114 ,1 I 17 I.4171A Al 1 'I 1 1 1 t• 7 819110 516 N2i1 I1 $ CLEVELAND I Itij 2'1I1111111".' 2212112J1191 IBI 17116115114I L7 O 1.82 AC • _ALLEY I- 2 7I_I 1 I h II 2I3I4I5I 617 I8I9 I10 1:1 1 I 1 I 1 I 1 1:, 3 ST. SRR DILOO COURT, ASSESSORS MAP BOOR5'A9PA6L II P is1 f 131 7O� f N is1 1811 If11. I Aa l isi 122121 I 1 I .1, 1 Wui . 0.80 AC ie _ t1 s1 2 3i4) Si6i 7i8 201 19 Amp 18117 �.l CLSD. I 1 1.4s 14113 9 I10 40 15 B. N -1 J to IA fa Ra PAP WAS f09 ASSESSOR MOSES ONLY. RD LIMB B MY MARY WON LOCAL SSJTIE �6011 CA BILdW CACIN$ICE5. .46 0 1 u .61 I I iaf I 22121 20 19 18 17 16115 14113 1 ...00ze GO 1 t ,2••••3��j111 t 24 h /tf s,I 232 itd 4 42 {^��1 V 1 '1d Z�� 2.: 1 e 1a u %I12I314 0 5 6I7 819 106 . :f1 1 1 I 1 if 1fl 1 22121 1 LK i w 10 13 20119 • HARR,L N 86 AVE BEE 760-106-83 • ' • • . r 1Frvr 22121120119118117116` I5I14113 M 1 1 1 1 11 •1 1 1 I 1 _i L STJL_i_ii_.. ALLEY 2 3 3 CLOD ., T�TT� I 1 1 g131617• 18' 9.110 I 1 I "I 1 1 II I i 1 Its 6 IS eI I 5161718 9 MAP 348 - NATIONAL CITY RE -FILED ROS 14314 POR. PAR.13 SBE. MAP 863-37- S 7 8 9 110 Cr I N I K as ea Ba ST. CLSD. H Ey/ xis•Oa•i ids • _ i ISt• 1 t ••••y - •112E1119118117116 I5 14 131�6 1.1 1 1 Iti Ol. ' w .'L.., I 1 14 :INV i g I� I L32AG. I ,ems:®`�. 1. 1 1 cb _J: • ' I 2 3 41 51 - 1 7 - • i 9 101 1 1 1 A � 24 I I .2sl A, .1.•1 POR. PAR IS SSE MAP 883-37.21 AVE Pt f 0 CCP S7',4 (114 760-044-07 POR.e 14 S.1.0. 2Q-PAR.3 SHE. MAP 804-37-26U MIN. RTS. ONLY St 24 S,I.D.O- PAR. 64 SBE. MAP 804-37-26AG MIN. RT3. ONLY 34 PAR. 73 513E. MAP 804-37-28AJ o $AN 01 I NIT ASSES5O3S MAP 800353 G PAGE 04 v► SHT I A. 506•57'54 W 8. N 83•0206 W C. N05.42'OdE D. R4348.82 E. S 6402'06E S 25 57'54 2 G. R4618.80 H. 8IP53'S4'W J. Rz970.38 MAPPED FOR ASS SSMENI PURPOSES ONLY. PAR. 72 58E. MAP 804-37- x 0s.1.0.0 S8.37AC. CO S.I.1).13-POR. PAR. 3 SSE. MAP 804-37-20P MIN. R75. ONLY 112.73 25.10 123.62 44.85 44.84 65.22 151.92 80.63 83.55 • CHANGES 1 A. 1.1 i E. EVEErEFFIERE1111111111111 . :EcEcAFrJ©eIUIIIUUIII•IU IIE , m1111m.1llll11111111111111 E. el M0%11111111111III 273 O 5.1.0.12 4.75 AC 5.1.0.©-POR. ;1.4 S 4-37-26P MIN. µAP 80R79. ONLY 2.27 AC. SOP' SHT. 2 APy 033.0.0 1.3BAC 05.,.0.© 0 2.04AG • S.I.0.Q2 -PAR.4 4 88E MAP 804 37-26W MIN. RR. ONLY 2380 S.1.0. 2Q- PAR. 43 58E. MAP 1104-37-28AA MIN. RT3. ONLY 20 5.1.0.0 2.23AC S.I.D.®-PAR. 36 58E. MAP 804-37-28Y MIN. RR. ONLY 559-04 1"= 200' AA N 17.01'44'W 3S BB N24 4L'*f w ;47.7S CC NPre44.1'W 36.9% 0D NM•37'44'A1 73./• 280 AVE -4 24 : 43 MR.2 b13AO. S.I.D. l0 CC 88 A St=J OS.LD. 1❑ s •• , 3.12AC A147 S!.D. 2Q-R.44 BBE. MAP PA604-37-26M 9999 MAN. RT3. ONLY PAR, 37 WE. MAP 804-37-26Y Asp. RP. MAP 348 - NATIONAL CITY RE -FILED - TERMINAL GROUNDS MM 185,219 ROS 10499 T 4 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT Or:tnher 3, 2000 AGENDA ITEM NO. 10 (-ITEM TITLE Request for Use of the Community Building by the Pilipino American Community of National City and Request for Waiver of Fees PREPARED BY DEPARTMENT Burton Myers Public Works EXPLANATION The Pilipino American Community of National City (PACNC) is requesting use of the North Room of the Community Builiding on Wednesday October 18, 2000 from 6:00 p.m. to 10:00 p.m. The event is to hold an Election 2000 Polictical Forum, inviting the National City community. They are expecting 100 people. This is an acceptable category of use according to the Council adopted "Rules and Regulations for the Use of the National City Community Center". Costs: Building $281.44 Custodial 67.02 Total: $348.46 A waiver of fees is also being requested. The Organization will be purchasing insurance through the City. Proof of insurance will need to be provided to the Public Works Department prior to the event. Environmental Review X N/A Financial Statement Loss of $348.46 if waiver of fees,;! e approved. ► 1� STAFF RECOMMENDATIONgripi �� Y1/ It is recommended that ConTim approve the use of the fatality as requested, and that Council make a decision regarding the waiving of fees. Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Application for Use of the Community Building. Letter from the Chairperson of the Political Forum Organization Committee dated September 25, 2000 Resolution No. A-200 (9/80) APPLICATION FOR USE OF THE NATIONAL CITY COMMUNITY BUILDING TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting, when the Item is going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations." Name of Organization /P, /.i,j,;t.,, fit. Business Address Name of Applicant c�. Y Gam. G�CJC Address e9d-o-� ,'3d =d ,Sr- r�.� �i / Ct y C'1 Telephone Number ( (ot%) (-1 =3sz. / (day) (6) 7s -S Z / (evening) Type of Function ,2/ �� �r� c6G,,h. Date Requested /, /� - Decorating Time (am/pm) to (am/pm) Function Time 140 ( to Use of Kitchen Facility yes $.---' - no Use Time (am/pm) to (am/pm) Clean-up (atn/pm) to /(). (al**, Number of Participants / CCD Will Admission be charged? A/0 If yes, Amount $ Will this event be used as a fund raising event? Alz, Will alcohol be served? Ai ABC Permit Submitted? Certificate of Insurance attached? Special configuration of tables or chairs required? 6 (If yes, attach sketch — �i riv" Special equipment required? P A.(If yes, attached list) rQp D ��1 Copy of Rules & Regulations provided? V Initial I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES & REGULATIONS FOR THE COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. Signature ofApplica Date CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of Insurance must be attached to this permit. Organization c a vL(--/P C � Person is charge of activity C,' / i y j if q a b Address Z z ,�' 3 � ' /� Telephone/ Co / ? - f 7 5 3 t' 2( City facilities and/or property requested A C, Colin , t. C e Date(s) of use / o b HOLD HARMLESS AGREEMENT The undersigned hereby agree(s) to hold the City of National City harmless and indemnify 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's agents, employees or contractors. A q v el M e t�n� f r /o —/ 7 C !J ignature of plicant fficial Title Date Certificate of Insurance Approved by Name & Title Rev. 1 /21 /00 2 PI1.I INO AMERICAN COMMIMTI 'Y OF NATIONAL CITY September 25, 2000 Dear Sirs: For more than two decades, the Pilipino American Community of National City (PACNC) has sponsored its annual political forum for all citizens of National City. The political forums have enabled the community access to the candidates, their credentials, and political formats. PACNC's intention is to allow the average citizen of National City an avenue to make an informed and educated vote on Election Day. We are currently planning our Election 2000 Political Forum and seeking a venue to hold this year's event. As chairperson of the PACNC Political Forum Organizing Committee, I am writing to request the use of the National City Community Center for our political forum. The forum will be open to the whole community and the Community Center has the central location and the capacity ideal for this type of event. Enclosed with this letter are all other forms necessary to apply for the community center's use. Sincerely, /12 GilAnthony D. Ungab, M.D. Chairperson Political Forum Organization Committee 1A( E Q r lei" NATIONAL CITY, CALIFORNIA 91950 CONTACT PHONE: 619-475-3621 = FAX: 619-475-3621 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE Ortnher 3 2000 AGENDA ITEM NO. 11 ITEM TITLE Request for Use of the South Room of the Community Building for a Political Advocacy Forum PREPARED BY Burton Myers EXPLANATION DEPARTMENT Public Works Councilman Soto is requesting use of the South Room of the Community Building on Sunday October 15, 2000 for a political advocacy/community political outreach forum. They are requesting the building from 10:00 a.m. until 5:00 p.m. The function time is from 11:00 a.m. until 5:00 p.m. They are expecting 150 people. This is an acceptable category of use according to the Council adopted `Rules and Regulations for the Use of the National City Community Center". Costs: Building $205.34 Custodial 101.53 Total: $306.87 Environmental Review Financial Statement N/A Loss of $306.87 in fees, as thi i a City sponsored event. /Ad `y, STAFF RECOMMEND �'<TIONI�WPr* It is recommended that • • approve the use of the acility as requested. Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below Application for Use of the Community Building. Resolution No. A-200 (9/80) APPLICATION FOR USE OF THE NATIONAL CITY COMMUNITY BUILDING TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting, when the Item is going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations." Name of Organization T? ) \V • S © T Business Address 1 2 3 14 ck-k a w Ci 4i d • C . �=A �f I -TO Name of Applicant SO`TO Address Sa uk cx s, r a i®tl.s- — Telephone Number ((t (t) 4Q � � g (day) ( gyp I') (evening) Type of Function Date Requested Decorating Time Function Time Q L T\cA1/4'- NOv©c,4Gy,cow-kuNtri toUVC�G&L- Ic. _ o0 c� t Le- p_ Use of Kitchen Facility Use Time Clean-up Number of Participants l O P ai pm) to \ 1 © c) am) 11 Do .m) to G-'•00 (am/ j yes Vno t, 0 (am/pm) to (am/pm) (am/pm) to (am/pm) Will Admission be charged? V 0 If yes, Amount $ Will this event be used as a fund raising event? tY 0 Will alcohol be served? ABC Permit Submitted? •11C) Certificate of Insurance attached? Special configuration of tables or chairs required? N CI (If yes, attach sketch) Special equipment required? iL0 (If yes, attached list) Copy of Rules & Regulations provided? Initial S I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES & REGULATIONS FOR THE COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. Si; nature of `, pp scant Date 0 c) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 3, 2000 AGENDA ITEM NO. 12 (-ITEM TITLE Request for Use of the Community Building by the National City Collaborative PREPARED BY Burton Myers DEPARTMENT Public Works EXPLANATION The National City Collaborative is requesting use of the entire Community Building on Wednesday December 13, 2000 for their annual Posada. They are requesting the building from 5:00 p.m. to 8:30 p.m. The function time is from 6:00 p.m. until 8:00 p.m. They are expecting approximately 225 people. This is an acceptable category of use according to the Council adopted "Rules and Regulations for the Use of the National City Community Center". Cost: Building $410.41 Kitchen 50.00 Custodial 106.12 Total: $566.53 However, since this event is being co -sponsored by the Community Development Commission no fees are being charged. Environmental Review X N/A Financial Statement Loss of $566.53. STAFF RECOMMENDATI It is recommended that Co ov BOARD I COMMISSION RECOMMENDATION N/A as requested. Account No. ATTACHMENTS ( Listed Below ) Application for Use of the Community Building Letter from the National City Collaborative dated September 9, 2000 Resolution No. A-200 (9/80) P. 2 P.02 P- 5-00 TUE 11:55 AM COLLABORATIVE FAX NO, 6193368646 Sep-01-00 08:36A TO ALL APPLICANT& It is strongly rccornmendod that the applicant requesting use of the facility attend the City Council meeting, when the Item is going to he discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations." Name of Organization j)Ct,1jib VW). _. Business Address _ .t.l _ y � Name ofApplicantt,6k L,V,.nDIAiey OY �ktCt Teyoset Address , a,3 Z.) .,1kc ri Telephone Numcr di lti ) Type of Function Date Requested der l t 2.006 Decorating Time 5: oo - rn: o 0 , Orm/pin) to (3: ob Function Time 6 0 ( 1pm) to ; Use of Kitchen Facility ✓ yes no IS ; 30 (wdpm) to Q : D O 611100pm) to CPrn _ve7. ,C� _day) (!.) (evening) POaahrAPLD ( /pm) (rpm) Use Time n 3 b (wpm) Cleanup SS'.2.0 (tw/pm) APPLICATION FOR USE. OF THE NATIONAL. CITY COMMUNITY BUILDING Number of Participants Will Admission be charged? 1\ C If yes, Amount $ — - — Will this event be used as a fund raising event? N 0 Will alcohol be served? N C) ABC Permit Submitted? Certificate of Insurance attached? Special configuration of tables or chairs required? \/ es Of yes, attach sketch) Special oquipmenl required? Iv C) (If yes, attached list) Copy of Rules & Regulations provided? Initial I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES & REGULATIONS FOR THE COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a possessory interest suiUect to property taxation and that Applicant may be subject to the payment of' property taxes levied on such interest Applicant further agrees to pay any and all property taxes, If any assessed durt' ; e of the City's facility pursuant to Sections 107 and 107.6 of the Revert do, Code against Applicant's possessory interest in the City's facility. ignatur /.i ant 9-6 Date CEP- 5-00 TUE 11 56 AM COLLABORATIVE FAX NO, 6193368646 P. 3 P.O3 sap-01-Q0 08:35A CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND TNDEMIFICATION 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 bo attached to this permit. Organisation 0,1_ tnYd�ive. Person is charge of activity 1..4 U. . 1`10W% (t- A\`4Nbk1 e. e, Address 3b4 / \ S\1veek Telephone 37) 67 O 3 9 ‘f) City facilities and/or property requested01)ThritiLn t `y tiJ► 0 ►%i 1 �l Mk b '^ice t ( hoop Date(s) of use HOLD HARMLESS AGREEMENT The undersigned hereby agree(s) to hold the City of National City harmless and indemnify the City of National City from and against all claims, demands, costs, tosses, damages, injuries, litigation and liability arising out of or related to the use of public proporty by permittee's agents, employees or contractors. Signature of Applicant - I l _ o c Official Title Date Certificate of Insurance Approved by Name & Title Rev. 1/21/00 2325 Euclid Avenue National City, CA 91950 • promoting community and family well being through partnerships September 9, 2000 Co 2100 Nation Attention: Burton Meyers, Public Works Director Dear Mr. Meyers: telephone conversation of September 5, 2000, with Ms. Mary Lee, please e Community Development north room for December 13, 2000 from 5:00 We estimate attendance to be approximately 225 persons.. The National ive Family Resource Centers will have their annual holiday party for 'ty Community families. Mr. Paul Desrochers agreed to sponsor us. ur assistance in helping us to reserve this room. Should you have any please call me at 336-8638. tet ' Maria Teresa Perez Administrative Assistant Copy: Scott L. Lowther Paul Desrochers Luz Maria Allshouse encies Aging, National School Distaict,.Nationel Gityd'ublicd.ibrary, MAAC Project,.Urban Credit Counseling, National City Chamber of Commerce, National City Community to Assembly, 79th District, Central for Employment Training, National City Fire Dept, g Cox's Office, City of National City, Accion San Diego, South Bay Youth & Family Services, California State Assembly, 79th District, Mexican Cultural Institute of San Diego, Central for Employment Training, Dept of Social Services, City of National City Dept of Parks & Recreation, Children's Hospital, Operation Samahan Hlth Clinic, Dept of Probation, County of San Diego, South Bay Family YMCA, Paradise Valley Hospital, U.S. Navy MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT October 3, 2nnn 13 AGENDA ITEM NO. �ITE TITLE Request for Use of the Community Building by the Sion Centro Cristiano for a New Year's Eve Dinner PREPARED BY Burton Myers DEPARTMENT Public Works EXPLANATION The Sion Centro Cristiano are requesting use of the entire Community Building on December 31, 2000 They are requesting the building from 5:00 p.m. until 1:00 a.m. for a New Year's Eve Dinner. The function time is from 8:00 p.m. until 12:00 a.m. They are expecting 300 people. This group does not fit into any acceptable category of use listed in the Council adopted "Rules and Regulations for the Use of the National City Community Center". Since they are not a National City based organization, the rules state that this use requires Council approval. Cost: Building $ 938.08 Kitchen 80.00 Custodial 156.38 Total: $1174.46 Insurance of $1 million must be provided ten days (December 21, 2000) prior to the event date. Environmental Review Financial Statement $1174.46 to the General Fund. STAFF RECOMMENDATI N X N/A It is recommended that Coun dead ether this BOARD / COMMISSION RECOMMENDATION N/A Account No. roup can use the facility. ATTACHMENTS ( Listed Below ) Application for Use of the Community Building Letter from the Sion Centro Cristiano dated September 13, 2000 A-200 (9/80) Resolution No. APPLICATION FOR USE OF THE NATIONAL CITY COMMUNITY BUILDING TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting, when the Item is going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations." Name of Organization (ZY -t // C � 15714l� 0 Business Address ..7��O £rl/54 jtV70,7 (�3/t 8 ( /9 s Name of Applicant / rer/Oaf/ �' Srr 6 4 Address /72c� / �'d Ise/ S1, L 6 j . 91'95a Telephone Number ((d9) ,Ai'' , "�.2 % (day) ( ) ��' e70 (evening) Type of Function (-0/�'!,7e1y (7UC/Jy4'✓S -P/� dioeft'') Date Requested /-2/$//-2t�C Decorating Time C5_"00 (amia to -7e0(2 (ELM) Function Time g' 00 (am/pm) to /2 s 00 (ani/ ) Use of Kitchen Facility .17 yes no' Use Time R;O 0 . (am/ i) to /®.'O (am/p Clean-up /.Z P 00 (plot) to /: 00 (a ►/pm) Number of Participants 3' ,s (0) n Ca��un71 Will Admission be charged? ,/ t' If yes, Amount $ Will this event be used as a ✓fund raising event? 0 Will alcohol be served? Certificate of Insurance attached? Special configuration of tables or chairs required? /S (If yes, attach sketch) Special equipment required? (If yes, attached list Copy of Rules & Regulations provided? Initial I CERTIFY THAT I HAVE RECEIVED COPY OF TIT RULES & REGULATIONS FOR THE COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. ABC Permit Submitted? Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of tCity's facility pursuant to Sections 107 and 107.6 of the Revenue and Tax y+ n ode against Applicant's possessory interest in the City's facility. Signa CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement., Certificate of Insurance must be attached to this permit. Organization 4Y7( i ao'fa/Y0 Person is charge of activityktq „0/jy/ a atiedg Address/7 6 Aefta'ly aZ,vim Cc City facilities and/or property requested Telephone (/G1)clOti `.00 IX° Id Date(s) of use / / / HOLD HARMLESS AGREEMENT The undersigned hereby agree(s) to hold the City of National City harmless and indemnify 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 pe e's agents, employees or contractors. 6/2414". plicant Official Title Certificate of Insurance Approved by Rev. 1/21/00 Name & Title D te 2 6P`o gue - 21'14 o wv 1072 5127RO Rl Cl 1 Y i, ii'`t ifYto I. my Calm ENCINEFRIP7, DEPT. RECEIVED Data_ q.IN /moo September 13, 2000 To Whom It May Concern, We, Sion Centro Cristiano are requesting to use your facility on December 31, 2000. We will be having a New Year's Eve dinner celebration where no alcohol beverages will be served and we will not be charging for admission. We would like to rent your facility from 6:00pm to 8:00pm to set up and decorate and from 8:00pm to 12:00am for the celebration event. We would greatly appreciate your response to this request. If further information is needed, please call at 462-8000. Attentively, do Carballo enior Pastor Sion Centro Cristiano Fernando & Olivia Carballo Pastor 7830 Carlisle Drive, Lemon Grove, CA 91945, Tel. (619) 462-8000 STAFF RECOMMENDATIO MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT October a, 2000 14 AGENDA ITEM NO. /1"-ITEM TITLE Request for Use of the Community Building by the National City Community Concert Band and Request for Waiver of Fees PREPARED BY Burton Myers EXPLANATION DEPARTMENT Public Works The National City Community Concert Band is requesting use of the North Room of the Community Building on Tuesday December 12, 2000 for a public concert for the citizens of National City. They are requesting the building from 10:00 a.m. until 10:00 p.m. The function time is from 7:00 p.m. until 9:00 p.m. They are expecting 350 people. This is an acceptable category of use according to the Council adopted "Rules and Regulations for the Use of the National City Community Center". Costs: Building $1,055.40 Custodian 223.40 Total: $1.278.80 A waiver of fees is also being requested. Environmental Review Financial Statement Loss of $1,278.80 to the Gen I e 0 klu It is recommended that Cou 1 it approve the use of the facility as requested and that Council make a N/A and if waiver of fees is approved. Account No. decision regarding the waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below Application for Use of the Community Building. Letter from the National City Community Concert Band Director dated September 26, 2000 Resolution No. A-200 (9/80) APPLICATION FOR USE OF THE NATIONAL CITY COMMUNITY BUILDING Number of Participants SO IN au. boriii TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting, when the Item is going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations." Name of Organization N A•ntwAt. Coy COMMU wi LTi COR c tar 3 aN Business Address Name of Applicant C £ta0144t L EE d Address 1) b Res It. 20 8.7 M+l u) A Vi s 4-k CA 4 IQ 12. Telephone Number (lt 11) 26 7 • to 22.7 (day) ( ) $ Alm i (evening) Type of Function Pu $ lot c CONG E g t" Date Requested 12• /1 74 00 Decorating Time /D m) to 5' (. Function Time 7 (amie to 4 v 9 Use of Kitchen Facility yes •_X _ no • ; Use Time (am/pm) to (am/pm) Clean, -up (° �{ to I 0 (am,0 300 ° Aucl 6+cr. Will Admission be charged? APO If yes, Amount $ Will this event be used as a fund raising event? ' �,� Q otifitDNM 4s !eo i e • Will alcohol be served? jvV ABC Permit Submitted? Certificate of Insurance attached? -16000 /iS Special configuration of tables or chairs required? yes (If yes, attach sketch) "ils 4lt0 J Special equipment required? ! S (If yes, attached list) Sew') I:. t(� A A'!*I 6% Copy of Rules & Regulations provided? y Ls Initial O ,hrrr►ouuc� Nrh _ I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES & REGULATIONS FOR THE COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. V 2i.O Signature of App zant Date CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a ;inipm m of $1,900,000 conlbined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreements Certificate of Insurance must be w attached to this permit. Organization NAV/11W C.t-7'J y (ipIhmoA i1 ,okiesder geNivv_b t. ! Person is charge of activity''$ ;t1�d w�Iz� PA Lc! Address Po 3 2451 64644 ✓isig' IIIt2elephone 10l9.247-G,z,a6 City facilities and/or property requested Date(s) of use ._ :1•Za'j Zti00 0.4 mow 601L.DsNat • HOLD HARMLESS AGREEMENT The undersigned hereby agree(s) to b .hold, .the City of National City harmless and 'indemnify the City of National City pm 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's agents, employees or contractors. gn a of Certificate of Insurance Approved by Rev. • 1/21/00 Official Title Date Name & Title 1/2Voo 2 Burt Myers City of National City September 26, 2000 On behalf of the National City Community Concert Band I am requesting the use of the National City Community Building on December 12, 2000 for a free public concert for the citizens of National City and their friends. I am also requesting that any fees normally charged for such use of the building be waived. Thank you for your consideration in this matter. C. Edward Reed Director, NCCCB City of National City, California COUNCIL AGENDA STATEMENT October 3, 2000 MEETING DATE 15 AGENDA ITEM NO. ITEM TITLE TEMPORARY USE PERMIT —Seafood City Supermarket Annual Filipino -Mexican Cultural Show PREPARED BY Kathleen Trees, Director EXPLANATION DEPARTMENT Building and Safety This is a request from Seafood City Supermarket to conduct their annual Filipino -Mexican cultural show and singing contest. This will consist of a Karaoke Contest with prizes and giveaways. The event is free and no food will be given away or sold. The event will be held Saturday, October 21, 2000. The hours of the event are from 10:00 a.m. until 10:00 p.m. Environmental Review Financial Statement X N/A The City has incurred $150.00 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) opo�l o)91� ..s. City of National City S ) 1 12 (�c g Building & Safety Department 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 (TUP) are ministerial administrative regulations intended to provide orderly and effective management of specific list of temporary land uses having 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) months prior to the requested activity/event. Please Complete: (Print or Type) Sponsoring Organization(s): SEAFOOD CITY SUPERMARKET Organization Address: 1420 E. PLAZA BLVD. City: NATIONAL CITY State: CA Zip: (L (%) Phone: (619 477-6980 Location of Event: 1420 E. PLAZA BLVD . NATIONAL CITY, CA 91950 Dates(s) Requested for Event: Oct, 22, 2000 Hours of Use on Day of Event: From: 1 n . ( AM/PM To: 1 n . on p M AM/PM First Day: Setup - Date: CA.2" Time: 1V5DropPm Teardown.- Date: i u /2 P` r1/4.l Time: `[ .410riPM Last Day: Setup — Date: Time: AM/PM Teardowa- Date: Time: AM/PM Brief Description of Event (A summary of the event may be attached to the application): FIESTA FTT,TPINA—MP XTCANA -- SINGING COMPFST Name of Person Responsible For The Eve t1.0 1 4 Will Be 0 n- ite Pi e a a Of The Ev t• & i— 1— gN3 How May This Person Be Contacted? if 10 Q t'(veiZ Specific Use Request: ie' Ee , 0 IA (5 .1-e� ct CO2i,(t 5 Justification: 0Z r t S V\ Request to Sell or rve Alco of everag s: es No [X I Will o rinks Be Sold: Yes [ x ] No [ ] Note: The City Council will not approve the sale or consumption of alcohol in City parks in conjunction with any event requiring a TUP. 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 [ ] No [ x ] 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 with the Following) Noise, Crowd, Traffic Control: 0 Security Control: 0 Parking/Barricades: HAVE ENOUGH Exterior Lighting/Electrical: HAVE ENOUGH Trash Disposal/Site Clean-up After Event: a Sanitary Facilities: Have inside the store & shopping centers well Name of Applicant: D CI KET Address: 1420 E. aza lvd., N t• City CA 91950 Phone: ( ) 477-6080 Signature of Applicant: Date: J I —(X) This Form Becomes A Permit When Endorsed By The Building & Safety Director (over) For Office Use Only Permit Fees: Permit No: . s uUANG ANO SP& En D RECEIVED ": Use Group: Use Class: Bond: Permit Exp.Date: Specific Stipulations/Comments: Approvals/Stipulations (Check where Applicable): Initial Date PLANNING Yes [ FIRE Yes [ PUBLIC WORKS Yes [ FINANCE Yes [ POLICE Yes [ PARKS & REC. Yes [ ENGINEERING Yes [ CITY ATTORNEY Yes [ RISK MANAGER Yes [ COMMUNITY DEV. Yes [ OTHER Yes [ ] ] ] ] ] ] ] ] ] ] ] No [ ] No [ ] No [ I No [ ] No [ ] No [ ] No [ ] No [ ] No [ ] No [ ] No [ ] See STIP [ See STIP [ See STIP [ See STIP [ See STIP [ See STIP [ See STIP [ See STIP [ See STIP [ See STIP [ See STIP [ ] ] ] ] ] ] ] ] ] ] ] Initial Date Initial Date Initial Date Initial Date Initial Date Initial Date Initial Date Initial Date Initial Date 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 CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Seafood City Supermarket EVENT: Annual Filipino -Mexican Singing Contest DATE OF EVENT: October 21, 2000 TIME: 10:00 a.m. until 10:00 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 [ ] SPECIFIC Conditions of Approval: FIRE (336-4550) 1. Fire Department access shall be maintained at all times. FINANCE (336-4330) 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. CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization SEAFOOD CITY SUPERMARKET Person in charge of activity Address ALAN BAIADARES 1420 E. Plaza Blvd., National City, CA 91950 Telphone 619-477-6080 Date(s) of use Oct. 28, 2000 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. ig nt fficial Title Date (For Office Use Only) Certificate of Insurance approved 198712 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 3, 2000 **Refer to Item #6** 16 AGENDA ITEM NO. ITEM TITLE NOTICE OF DECISION — APPROVAL OF A TENTATIVE PARCEL MAP FOR THE DIVISION OF ONE LOT INTO TWO WITH A VARIANCE TO ALLOW A REDUCED FRONT YARD SETBACK IN THE 1200 BLOCK OF K AVENUE (APPLICANT: RAUL THOMPSON) (CASE FILE NOS.: LS-1999-2, Z-1999-3) PREPARED BY Jon Cain - Associate PlannerDEPART E T Planning EXPLANATION This project involves the division of a 13,850 square foot hillside property into two 6,900 square foot lots. The property is located in a single-family residential zone that allows for minimum 5,000 square foot lots. The proposed lots will be typical of the neighborhood in terms of size and density, although nearby lots do not contain similar slopes. A variance is requested to allow a five-foot front yard setback for the garages rather than the required twenty -foot setback due to the topography. The applicant has also requested a waiver from street width standards for cul-de-sacs. The waiver request is addressed by the Engineering Department in a separate agenda item. It should be noted that the applicant's development plan will need to be significantly revised if the waiver is denied. The applicant intends to develop the proposed lots with two-story, 2,100 square foot, single-family homes. The homes will be three bedroom, 2'h bath with stucco exteriors and two -car garages. They will have fireplaces and gabled roofs with a hipped roof over each garage. At the Planning Commission hearing for the project, citizens expressed their general approval of the project, but opposed the requested waiver of street standards. They argued for a full, standard cul-de-sac. The Commission continued the hearing at the citizen's request to meet with the applicant and City staff to discuss the project. Although the meeting was held, consensus was not reached. The Planning Commission voted to approve the project. CEnvironmental Review Financial Statement N/A N/ANegative Declaration proposed Approved By: Finance Director Account No. STAFF RECOMMENDATION 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 Tentative Parcel Map and Variance. Vote: Ayes — Ungab, Valderrama, Baca, Martinelli Nays Godshalk Abstain Parra, Detzer ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 18-2000 2. Location Map Resolution No. A-200 (9:991 RESOLUTION NO. 18-2000 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP FOR THE DIVISION OF ONE LOT INTO TWO WITH A VARIANCE TO ALLOW A REDUCED FRONT YARD SETBACK IN THE 1200 BLOCK OF K AVENUE. CASE FILE NO. LS-1999-2, Z-1999-3 WHEREAS, application was made for approval of a tentative parcel map for the division of one lot into two with a variance to allow a reduced front yard setback in the 1200 block of K Avenue on property generally described as: Parcel 2 in the City of National City, County of San Diego, State of California, as shown at Page 14185 of Parcel Maps filed in the Office of the County Recorder of San Diego County, February 26, 1986 as file #86- 075313 of Official Records WHEREAS, the Planning Commission of the City of National City, California, considered said application and proposed Negative Declaration at a duly advertised public hearing held on July 17, and continued to the meeting of August 21, 2000 at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. LS-1999-2, Z-1999-3 and IS-2000-2 which are maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearings; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the 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 introduced in the staff report and public hearing for said tentative parcel map and zone variance, support the following findings: RECOMMENDED FINDINGS FOR APPROVAL OF THE TENTATIVE MAP 1. Find that the project will not have a significant effect on the environment and adopt the proposed negative declaration. 2. The proposed map is consistent with the National City General Plan, since the map provides for the creation of two single-family lots in a single-family residential zone which will provide opportunities for home ownership. In addition, proposed lot sizes conform with and exceed the 5,000 square foot minimum called for by the RS-2 Combined General Plan/Zoning Map designation. No specific plan has been adopted for the project area. 3. The site is physically suitable for the proposed type of development, since minimal grading will be necessary and the soils report identifies the area as suitable for single- family residences in an area already developed for the same use. 4. The site is physically suitable for the proposed density of development, since each newly created parcel will measure over 5,000 square feet in size in compliance with. the requirements of the Land Use Code and consistent with the lot sizes of the surrounding area. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since no unique environmental resources exist on the site. 6. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 7. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 8. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 9. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 10. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. RECOMMENDED FINDINGS FOR APPROVAL OF THE ZONE VARIANCE 1. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since the property is located on steep slopes in an area developed with single-family homes, and adherence to the required front yard setback would restrict the ability to construct homes on the property. 2. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since the project has been conditioned to comply with Design Guidelines, and since the use of other properties in the vicinity is less limited by steep slopes. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since single-family residences are planned for the site and are permitted in the RS-2 zone in which the property is located. BE IT FURTHER RESOLVED that the Planning Commission has considered the proposed Negative Declaration No. IS-2000-2 together with any comments received during the public review process, finds on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment, approves the Negative Declaration, and authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative parcel map and zone variance for division of one lot into two with a variance to allow a reduced front yard setback in the 1200 block of K Avenue is hereby approved subject to the following conditions: RECOMMENDED CONDITIONS OF APPROVAL 1. A drainage plan shall be submitted for review and approval by the City Engineer showing all of the proposed and existing on- and off -site improvements. The plan shall be prepared by a Registered Civil Engineer or other qualified professional in accordance with City requirements. The drainage plan shall consider the impact of runoff on the South Bay Plaza property to the north. 2. Separate street improvement plans shall be submitted, prepared by a Registered Civil Engineer, showing all of the existing and proposed improvements. The plans shall be in accordance with the City requirements (see Condition #24). 3. The property owner or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way, and shall adjust the sprinkler heads so as to prevent over spray upon the public sidewalk or streets. The proposed sprinkler heads shall be installed behind the sidewalk,' and the irrigation mainline upon private property only, as required by the City. The property owner, its successors or assigns shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 4. For P.V.C. irrigation lines in the public right-of-way, a metallic identification tape shall be placed between the bottom layer of the finished surface and the top of the lines. 5. A soils engineering report shall be submitted for review by the Engineering Department. The report shall address the stability of all the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure, and the required pavement structural sections for the proposed streets, parking areas, and driveways. At a minimum the parking lot pavement sections shall be 2-inch A.C. over 4-inch Class II aggregate base. The street pavement sections shall be in accordance with Standard Drawing G-24 modified. 6. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the drainage plan. Any new sewer lateral in the City right-of- way shall be 6-inch in size with a clean -out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 7. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, they shall be restored by a licensed land surveyor or civil engineer after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the National City Engineering Department. 8. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and for grading construction on private property. 9. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvement, landscaping and retaining wall work shall be posted. Three percent (3 %) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. 10. A title report shall be submitted to the Engineering Department for a review of all existing easements and the ownership at the property. 11. The existing fence on K Avenue encroaching on the public right-of-way shall be completely removed. 12. The final map/parcel shall meet all of the requirements of the Subdivision Map Act and the National City Municipal Codes including certification, acknowledgment, complete boundary information and monumentation. 13. The Subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 14. Separate water and sewer laterals shall be provided to each lot/parcel. 15. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 16. The final map shall be recorded prior to issuance of any building permit. 17. All new property line survey monuments shall be set on private property, unless otherwise approved. 18. The parcel map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 19. Residential automatic sprinkler systems meeting the requirements of the Fire Department must be installed in each proposed structure. 20. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code §17.04.070. 21. Each lot shall have a minimum lot area of 5,000 square feet and a minimum of 36 feet of street frontage, consistent with Exhibit A, Case File no. LS-1999-2/Z- 1999-3, dated 11/17/99. 22. The final map shall be in substantial conformance with the tentative map depicted in exhibit A, Case File no. LS-1999-2/Z-1999-3, dated 11/17/99. 23. The appearance and location of proposed homes shall be consistent with Exhibit B, Case File no. LS-1999-2/Z-1999-3, dated 11/17/99. 24. A 40-foot radius half -width cul-de-sac adjacent to the property shall be improved in compliance with Engineering Department requirements for an 80-foot diameter cul- de-sac or a waiver must be obtained from the City Council. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 18, 2000, by the following vote: AYES: UNGAB, VALDERRAMA, BACA, MARTINELLI. NAYS: GODSHALK ABSENT: ABSTAIN: PARRA, DETZER (0, CHAIRMAN 163.616 r e /235 0 „Lee /305 e E. x P LAA.,Z' /023 /025 1025 1027 /029 1123 /127 /129 //3/ POR. LOT 2 o /3/9 /135 /139 1141 643 • CG 1155 1159 661103 669 p71 1173 )m 1223 05.07 W 1EE 1237 2 15 /234 aQ 8 • 11 °. S03▪ 6 /2448 Ism nut S t. " 00 ISO nsel B 1305 8 :I a 17 /304 8 �+ uae) ran RS2 r3i4 s s 19 1326 '. W /329 4 21 1330 18 1336 /339 3 20 /338 i 17 /346 / /345 6 ' 19 /340 16 /404 /405 7 18 /342 A1938 15 1406 F�1 1409 8 17 /4/4 14 /416 /417 B 16 1424 PROJECT SITE /32/ 7 19 1.3/6 21 /344' 1004 1405 4 2 22 14043 /4/5 3 g 23 /4/4 3 111020 (124 /454 /324 /344 e rsew LOCATION MAP 1200 block "K" Avenue RM-1-PD mum ZONE BOUNDARY LS-1999-3/Z-1999-3/IS-2000-3 NATIONAL CITY PLANNING DRN. DATE: 6-29-00 REVISIONS: HEARING: 7-17-00 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 3, 2000 AGENDA ITEM NO. 17 ITEM TITLE NOTICE OF DECISION — APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW ALCOHOL SALES AT THE RELOCATED WRIGLEY'S SUPERMARKET AT 34 N. EUCLID AVENUE (APPLICANT: SAM ARABO) (CASE FILE NO.: CUP-2000-20) PREPARED BY Jon Cain - Associate Planner DEPARTMENT Planning EXPLANATION The applicant proposes to sell beer, wine, and distilled spirits at Wrigley's Market, at the northwest corner of Division Street and Euclid Avenue. The Market was destroyed by fire in August 1999 and had sold beer, wine, and distilled spirits as a nonconforming use, without a Conditional Use Permit (CUP). The store is relocating to a larger space in the same shopping center, the 19,700 square foot space vacated by Thrifty Drug Store four years ago. The applicant has requested alcohol sales from 7:00 a.m. to 11:00 p.m. No one spoke in opposition to the project at the public hearing. The applicant expressed disagreement with recommended conditions of approval nos. 4 through 7, which are standard conditions recommended by the Police Department to discourage loitering and immediate consumption of alcohol on the store premises. The Planning Commission considered the request of the applicant to remove or modify some of the conditions but voted to approve the CUP with all recommended conditions. CEnvironmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs withtl1i decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission voted to approve the Conditional Use Permit. Vote: Ayes—Parra, Godshalk, Valderrama, Baca, Martinelli Nays ---Ungab Abstain Detzer ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 19-2000 2. Location Map Resolution No. A-200 (9.991 RESOLUTION NO. 19-2000 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW ALCOHOL SALES AT THE RELOCATED WRIGLEY'S MARKET AT 34 N. EUCLID AVENUE. APPLICANT: SAM ARABO. CASE FILE NO. CUP-2000-20. WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application to allow alcohol sales at the relocated Wrigley's Market at 34 N. Euclid Avenue at a duly advertised public hearing held on August 7, 2000 and continued to the meeting of August 21, 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-2000-20 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 August 7, 2000, and continued to the meeting of August 21, 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 a 19,697 square foot store, located in an existing shopping center on a 6.15 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 Euclid Avenue and Division Street, arterial roadways 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 business is re -locating to another location in the same shopping center, and will not result in any change of use for the shopping center. It will also occupy space previously used by a large drug store. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will provide opportunities to purchase products that are in demand among consumers, and alcohol is often available for sale at large grocery stores or supermarkets. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the sale of beer, wine and distilled spirits in a retail supermarket, for off -site consumption, and except as required by conditions of approval, shall conform with Exhibit A, Case File No. CUP-2000-20, dated July 14, 2000. 2. Permittee shall comply with all regulatory provisions of the Business and Professions Code, section 25600 through 25667, currently in effect or as may be amended, regarding sales, displays and marketing or merchandising of alcoholic beverages. 3. The sale of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. to 11:00 p.m. 4. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 5. No beer and malt beverage products shall be sold of less than six-pack quantities per sale. There shall be no sale of single cans or bottles. 6. No sale of wine or distilled spirits shall be sold in containers of less than 750 milliliters, except for wine coolers. Wine coolers may be sold only by four -pack or other manufacturer's pre -packaged multi -unit quantities. 7. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. Wine sold shall have corked bottles, not screw -off caps. 8. Permittee shall post signs, to be approved by the Planning Department, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed on or in front of these premises." 9. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 10. All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 11. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 12. The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A, Case File No. CUP-2000-20, dated July 14, 2000. 13. Containers of distilled spirits may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 14. The rear door(s) of the premises shall be kept closed at all times during the operation of the business except in case of deliveries or emergencies. 15. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 16. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 17. No coin operated amusement devices shall be operated on the licensed premises. 18. 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. 19. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 18, 2000, by the following vote: AYES: PARRA, GODSHALK, VALDERRAMA, BACA, MARTINELLI. NAYS: UNGAB ABSENT: ABSTAIN: DETZER BUSINESS LOCATION ADJOINING BUILDINGS ZONE BOUNDARY SCALE: 1" = 200' r NORTH LOCATION MAP 34 N. Euclid Avenue CUP-2000-20 NATIONAL CITY PLANNING DRN. DATE: 7/21/00 INITIAL HEARING: 8/07/00 City of National City, California COUNCIL AGENDA STATEMENT October 3, 2000 MEETING DATE AGENDA ITEM NO. ITEM TITLE NOTICE OF DECISION -APPROVAL OF MODIFICATION OF A CONDITIONAL USE PERMIT TO EXTEND THE PERMITTED HOURS FOR ALCOHOL SALES AT 303 HIGHLAND AVENUE (FOODLAND IGA SUPERMARKET). (APPLICANT: FOODLAND IGA). (CASE FILE NO. M1-CUP-1990-19). PREPARED BY Jon Cain - Associate Planner DEPARTMENT Planning EXPLANATION. The applicant proposes to lengthen the permitted hours of alcohol sales at the existing 27,000 square foot Foodland supermarket. The market began selling beer and wine in 1992. The approved Conditional Use Permit allows beer and wine sales between 8:00 a.m. and 10:00 p.m.; the applicant has asked to sell beer and wine from 6:00 a.m. until 2:00 a.m. Store hours are presently 6:00 a.m. to 11:00 p.m., but may be lengthened in the future. No one spoke in opposition to the project at the public hearing. The Planning Commissioners discussed the necessity for the longer hours and the appropriateness of additional alcohol sales since there are nearby residences. The Planning Commission voted to allow alcohol sales from 7:00 a.m. until 11:00 p.m. The hours will be similar to Wrigley's Market, another nearby National City supermarket. Conditions of approval include updated, standard requirements for alcohol sales, as well as planting of groundcover in landscape areas, and trash enclosure improvements. 18 Environmental Review Financial Statement N/A X N/A Account No. STAFF RECO ENDATION 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 Conditional Use Permit modification. Vote: Ayes — Ungab, Parra, Godshalk, Valderrama, Baca, Martinelli. Abstain — Detzer. TT .CHMENTS (Listed Below) 1. Planning Commission Resolution No. 20-2000 2. Location Map Resolution No. A-200 (Rer. 9/80) RESOLUTION NO. 20-2000 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING MODIFICATION OF A CONDITIONAL USE PERMIT TO EXTEND THE PERMITTED HOURS FOR ALCOHOL SALES AT 303 HIGHLAND AVENUE (FOODLAND IGA SUPERMARKET). APPLICANT: FOODLAND IGA. CASE FILE NO. M1-CUP-1990-19. WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for modification of a Conditional Use Permit to extend the permitted hours for alcohol sales at 303 Highland Avenue at a duly advertised public hearing held on August 21, 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. M1-CUP-1990-19 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 August 21, 2000, support the following findings: 1. That the modification is necessary to protect the public interest since the additional conditions will ensure that alcohol sales remain an accessory use at the market. 2. That the modification is necessary to permit reasonable operation and use under the Conditional Use Permit, since beer and wine are items in demand among consumers and since the modification of the permitted hours for the sale of the items will allow the market to better compete with other, nearby markets. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. There shall be no sale of beer and wine before 7:00 a.m. or after 11:00 p.m. 2. The display of beer and wine shall be limited to an area not exceeding 408 square feet, as shown in exhibit "A", Case File No. CUP-1990-19, dated 11-14-90. 3. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 4. Any person involved in the sale of alcoholic beverages shall receive instruction in the proper procedures from a representative of the Department of Alcoholic Beverage Control. Written evidence of such instruction shall be supplied to the Planning Department. 5. No beer and malt beverage products shall be sold of less than six-pack quantities per sale. There shall be no sale of single cans or bottles. No wine or distilled spirits shall be sold in containers of less than 750 milliliters, except for wine coolers. Wine coolers may be sold only by four -pack or other manufacturer's pre -packaged multi- unit quantities. The sale of fortified wines (greater than 15% alcoholic content) shall be prohibited. Wine sold shall have corked bottles, not screw -off caps. 6. Signs shall be posted in the parking lot which prohibit loitering and on -site consumption of alcoholic beverages. Sign design and location shall receive prior approval by the Planning Director. 7. Should substantiated complaints be received regarding illegal activities in the parking lot, the Planning Department may require the property owner or store owner to retain the services of a private security firm to provide on -site security personnel. 8. This Conditional Use Permit authorizes the sale of beer, wine and distilled spirits in a retail supermarket, for off -site consumption, and except as required by conditions of approval, shall conform with exhibit "A", Case File No. CUP-1990-19, dated 11- 14-90. 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 the procedures specified in section 18.116.190 of the Municipal Code. 10. 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. 11. The permittee shall comply with all regulatory provisions of the Business and Professions Code, section 25600 through 25667, currently in effect or as may be amended, regarding sales, displays and marketing or merchandising of alcoholic beverages. 12. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 13. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 14. Beer, malt beverages and wine coolers, in containers of 16 ounces or less, may be sold only in manufacturer's pre -packaged multi -unit quantities. 15. All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 16. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 17. The rear door(s) of the premises shall be kept closed at all times during the operation of the business except in case of deliveries or emergencies. 18. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 19. No coin operated amusement devices shall be operated on the licensed premises. 20. New ground cover shall be installed in accordance with City standards in all landscape areas. 21. Trash enclosures shall be constructed, the property shall be kept free from trash and debris, and the frequency of service for trash pick-up shall be increased if necessary to comply with City Code §7.10. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 18, 2000, by the following vote: AYES: UNGAB, PARRA, GODSHALK, VALI)ERRAMA, BACA, MARTINELLI NAYS: ABSENT: ABSTAIN: DETZER CHAIRMAN 4.4 3f1N3AV QNV1HOIH EOE 33111 c c 9 op S G r1 comz °oz N x co O Z r -I- -I m 311S 1331'O1:Id • S3I IVGNf1O8 3NOZ Sa a egypirataimilwak 906 920 EY # mm 0 511 7y� S 1 or I w XI 00 00 • 829 I W 633 ri *0 U6 a7// 7/9 r m o 824 AVEM'JE 737 739 cm 11 HIGHLAND 49 8 82/ 825 833 835 L iim AVENUE •'"����••'�•'• f W i SM r /094 a /0/6 /0/4 'mm 3 /005 a /0/5 /023 L /033 'D 1040 /0/0 a /032 a /04/ /040 K //05 //02 a mm 0 me a ITEM #19 10/3/00 NATIONAL CITY GIRLS SOFTBALL LEAGUE 2703 E. PLAZA BLVD. #107 NATIONAL CITY, CA 91950 (619) 470-8389 September 07, 2000 Honorable Ralph Inzunza Dear Sir, On Friday, August 24, 2000, the snack bar at Las Palmas Park was broken into and vandalized On the night of the break-in and vandalism, the alarm did not go off, as it had been disconnected earlier in our season. Also this must have been during the times that the guard was making his rounds at the other parks. All of our food inventory and some of our appliances were taken or destroyed We may be able to replace some of the items with future fund raisers, but at this time we desperately need about $1000 to replace inventory to complete our girls softball season and the rest of our season which includes the city sponsored flag football and our women's slow pitch. We still have until mid December to run the snack bar, and at this time we are asking for your help as we are in dire financial straits trying to replace all that was lost Thank you for your attention to our situation. PEGGY BROWNLEE, PRESIDENT NATIONAL CITY GIRLS SOFTBALL LEAGUE, INC.