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Home My WebLink About2000 10-24 CC AGENDA PKTc} AGENDA OF A REGULAR MEETING NATIONAL CITY COUNCIL COUNCIL CHAMBERS 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY, OCTOBER 24, 2000 - 6:00 P.M. 1 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 ASSISTANT CITY MANAGER, PARK MORSE INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF OCTOBER 17, 2000. COUNCIL AGENDA 10/24/00 Page 2 PROCLAMATION Proclaiming the week of October 22-28, 2000 to be: "WORLD POPULATION AWARENESS WEEK" PUBLIC HEARINGS 1. Public Hearing - 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) 2. Public Hearing - 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 #11** 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. 3. Resolution No. 2000-132 Resolution of the City Council of the City of National City authorizing the Mayor to execute an amendment to the Agreement between the City of National City and Parterre Landscape Architecture to provide schematic, design and development plans for the Civic Center Landscape Improvement Plan, and authorizing the City Manager to expend additional funds to implement said Amendment. (Parks & Recreation) COUNCIL AGENDA 10/24/00 Page 3 CONSENT CALENDAR (Cont.) 4. Resolution No. 2000-133 Resolution of the City Council of the City of National City accepting the United States Department of Justice Local Law Enforcement Block Grant. (Police) 5. Resolution No. 2000-134 Resolution of the City Council of the City of National City awarding a contract to T&M Electric, Inc. for the Traffic Signal Interconnect Project on National City Boulevard/Plaza Boulevard. (Engineering Spec. 97-6) (Public Works/Engineering) 6. Resolution No. 2000-135 Resolution of the City Council of the City of National City authorizing the City Engineer to establish a red "No Parking" zone between the driveways serving 2825 "J" Avenue and 2837 "J" Avenue. (J. Struiksma, TSC Item No. 2000-18) (Engineering) 7. Resolution No. 2000-136 Resolution of the City Council of the City of National City authorizing the City Engineer to establish a "No Parking Fire Lane" in the 400 block of Lantana Drive. (Fire Department, TSC Item No. 2000-17). (Engineering) 8. Resolution No. 2000-137 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Randall Funding & Development, LLC to raise a minimum of $500,000 in new grant funds for the City. (City Manager) COUNCIL AGENDA 10/24/00 Page 4 CONSENT CALENDAR (Cont.) 9. Resolution No. 2000-138 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with BI Tran System, Inc. for the design and implementation of a primary control and surveillance system to operate traffic signals along National City Boulevard from 1st to 30th Streets and Plaza Boulevard from Roosevelt Avenue to Paradise Valley Road. (Engineering Spec. No. 97-6) (Engineering/Public Works) 10. WARRANT REGISTER #16 (Finance) Ratification of Demands in the amount of $282,286.45 NEW BUSINESS 11. A request of City Council to approve 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. (Engineering) **Refer to Item #2** 12. Consider joining amicus curiae briefs in Alameda Books v. City of Los Angeles, Lim v. City of Long Beach, and Cornette v. Department of Transportation. (City Attorney) 13. Use of the South Room of the Community Center for a CalPERS workshop. (Public Works) 14. Temporary Use Permit - Full Gospel Business Men's Fellowship International. (Building & Safety) COUNCIL AGENDA 10/24/00 Page 5 NEW BUSINESS (Cont.) 15. Notice of Decision - Conditional Use Permit for martial arts studio at 2505 E. Division Street, Suite C. (Applicant: Marcelino Deleon. Case File No. CUP- 2000-23) (Planning) - CITY MANAGER -> CITY ATTORNEY -* OTHER STAFF -* MAYOR -> CITY COUNCIL PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. COUNCIL AGENDA 10/24/00 Page 6 NEW BUSINESS (Cont.) ADJOURNMENT Next Regular City Council Meeting - November 14, 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 WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, ttg of atii itttl 3,Irurtamatitrn World population today exceeds six billion and continues to increase by one billion every 13 years; and The environmental, economic, and social consequences of rapid population growth are not limited to the developing world but extend to all nations and to all people; and Each year at least 7 million women are estimated to suffer serious effects and as many as 50 million women suffer some health consequences resulting from childbirth; and Up to one half of the nearly 175 million pregnancies each year are unwanted or ill- timed; and 350 million married women in developing countries still lack access to information, education and the means to obtain a range of modern family planning methods; and The theme of World Population Awareness Week this year is "Saving Women's Lives," with a strong commitment to establishing as a major health priority the reduction of maternal mortality and morbidity — through safe, efficient, effective, affordable and voluntary interventions that respect cultural and moral convictions. NOW, THEREFORE, I, GEORGE H. WATERS, Mayor of the City of National City, o hereby proclaim the week of October 22-28, 2000 to be: "WORLD POPULATION AWARENESS WEEK" in the City of National City and urge all citizens of our community to take cognizance of this event and to participate appropriately in its observance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of National City to be affixed this 17th day of October, 2000. r, f City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 24, 2000 AGENDA ITEM NO. 1 ITEMTITLE_ PUBLIC HEARING —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 E T E T Planning EXPLANATION The applicant submitted a timely appeal of the Planning Commission approval of this item. The attached background report describes the request. CEnvironmental Review Financial Statement N/A X N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Conditional Use Permit be approved with the inclusion of all conditions approved by the Commission. BOARD I COMMISSION RECOMMENDATION The Planning Commission voted to approve the Conditional Use Permit. Vote: Ayes — Parra, Godshalk, Valderrama, Baca, Martinelli Nays Uneab Abstain Detaer A-2 • 0 BACKGROUND REPORT The proposed Conditional Use Permit to allow the sale of beer, wine, and distilled spirits at Wrigley's Market, at the northwest corner of Division Street and Euclid Avenue was approved by the Planning Commission; however, the applicant submitted an appeal due to disagreement regarding the conditions of approval. The market was destroyed by fire in August 1999 and had previously 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 proposal 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. These conditions restrict the allowed container sizes for beer, malt beverages, wine, and distilled spirits. The conditions also regulate package sizes for beer, wine, and wine coolers, and prohibit the sale of single cans or bottles. They also limit the alcohol volume of wine to 15% and prohibit the sales of wines with screw -off caps. The applicant has requested that these conditions be deleted, and has indicated that the store was permitted to sell alcoholic beverages at the previous location in the same shopping center without these restrictions. The disputed conditions are standard conditions typically applied to markets selling alcohol. The conditions are not Code requirements, but are applied on a case -by -case basis for Conditional Use Permit applications. The attached Police Department comments describe the purpose for the conditions to deter "immediate consumption" and reduce crime in the area. 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. 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: NAYS: UNGAB ABSENT: ABSTAIN: DETZER PARRA, GODSHALK, VALDERRAMA, BACA, MARTINELLI. ALPHA STREET '183 184 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 LAW OFFICES OF GARMO & GARMO 275 EAST DOUGLAS AVENUE, SUITE 110 EL CAJON, CALIFORNIA 92020 TELEPHONE: (619) 441-2500 TELECOPIES: (619) 579-5761 FREDDY GARMO ATTORNEY AT LAW ROBERT GARMO ATTORNEY AT LAW October 2, 2000 VIA PERSONAL DELIVERY City of National City City Clerk's Office 1243 National City Blvd. National City, CA 91950 Re: Appeal before the City Council Resolution Number 19-2000 Wrigley's Market, 34 N. Euclid Ave. RECEIVED CITY CLERK Oct 3 43 111'00 CITY cafgarKDITY MARSHALL A. GARMO ATTORNEYS & COUNSELORS AT LAW 28230 ORCHARD LAKE RD., STE. 201 FARMINGTON HILLS, MI 48334 (248) 626-0050 Dear City Clerk: Please be advised that this office represents Mr. Sam Arabo and Wrigley's Market located at 34 No. Euclid Ave., National City, CA 91950. The purpose of this letter is to request an appeal before the City Council. My clients are requesting that the conditions placed on their beer/wine license via the CUP Permit are excessive, unnecessary, and over burdensome. Further, the proposed use is deemed essential and desirable to the public convenience and welfare. Please notify me of the time and date for the hearing. Enclosed is the $250.00 filing fee. Thank you for your cooperation and professional courtesy. If you should have any questions or comments, please feel free to contact me. Very truly yours, LA _eFFICES OF GARMO & GARMO ---Original Message -- From: William Osburn Sent: Tuesday, August 15, 2000 8:54 AM To: Steve Ray Subject: RE: Wrigley's Market conditions for the sale of alcohol, CUP- 2000-20 Steve The police department has no objection to the extended business hours as reflected in item 3. The remaining recommended conditions are satisfactory to the police department. Regardless of the applicant objections to the three listed conditions, the police department recommends inclusion of the conditions. Each of the listed conditions are intended and designed to discourage immediate consumption on the business property and the immediate area. Each of the conditions is intended to discourage loitering in and around the premises. The applicant business is located in a multi business shopping center. The applicant business abuts a residential area. Persons loitering and consuming alcoholic beverages in an around the applicants business will generate complaints from other business as well as residents in the immediate area. It is common for persons to jump the wall to the rear of the business and enter into the residential area. At times this wall had been damaged to allow easy access by persons traversing the property to and from the residential area. It has frequently been used as an escape route by robbery and theft suspects. Simply stated there is no good, valid reason for a grocery store to sell single containers of alcoholic beverages. The condition requiring corked wine bottles is based on the belief that persons who immediately consume alcoholic beverage on or near the premises are not interested in wine in corked bottles. All of these potential factors represent the deterioration of the city image and represent a substantial police problem. July 27, 2000 TO: Mr. Larry Parris, Assistant Planner FROM: Bill Osburn, Lieutenan SUBJECT: CUP-2000-20 NATIONAL CITY PLANNING DEPARTMENT JUL 2 8 The applicant Sam Arabo applies to the City of National City for a Conditional Use Permit to operate Wrigley's Market, located at 34 N. Euclid. Wrigley's Market is a retail supermarket in the business of selling groceries, sundries, meat, frozen food and produce. Wrigley's Market also desires to off -sell beer, wine and distilled spirits (ABC Type 21 License). The applicant operated in the City of National City until a fire caused damage to the business. The applicant now desires to move to an adjoining suite in the same complex. The National City Police Department has no objection to the issuance of the Conditional Use Permit to allow the off -sale of beer, wine and distilled spirits, (ABC Type 21 License). However, the applicant will need to apply to the California Department of Alcohol Beverage Control for the re -issue of his existing Type 21 license. The National City Police Department recommends the standard type 21 conditions be imposed on the Conditional Use Permit. Undue Concentration 23958.4(a) B&P This section of the Business and Profession Codes does not apply in this circumstance. The business is located in Census Tract Number 119. According to ABC Investigator Gary Serales (525-4607), there are five (5) alcohol licenses allowed within this Census Tract. There are currently only two (2) existing licenses within the Census Tract. High Crime Area 23958.4(a)(1) B&P This section of the Business and Professions Code is not applicable in this circumstance. Wrigley's Market is located within Crime Reporting District Number 211. See attached report for the Crime Analysis Unit. Public Convenience or Necessity 23958.4(b)(2) B&P Pursuant to the provisions of the Business and Professions Code, the issue of Public Convenience or Necessity is not relevant since Undue Concentration and High Crime Area do not apply. NATIONAL CITY POLICE DEPARTMENT CRIME ANALYSIS UNIT July 27, 2000 TO: Lt. Osbum n FROM: Molli Duker'``N0 SUBJECT: ABC Report Here is the ABC Report for Wrigley's Market/N. Euclid Ave (Reporting District 211). The information is for the period of January through December 1999. Thank you. CITY OF NATIONAL CITY 1999 ABC REPORT PART I CRIME & PART I1 ARREST REPORT RD 211 TOTAL CRIME TYPES CRIME TOTALS CRIMINAL HOMICIDE 0 FORCIBLE RAPE 5 ROBBERY 6 AGGRAVATED ASSAULT 3 BURGLARY 13 LARCENY 1 MOTOR VEHICLE THEFT 6 ARSON 0 TOTAL PART I CRIMES 52 ARREST TYPES ARREST TOTALS SIMPLE ASSAULT OTHER PArIT II CRIMES CHILD & FAMILY DEADLY WEAPONS EMBEZZLEMENT FRAUD GAMBLING MALICIOUS MISCHIEF NARCOTICS SEX CRIMES FORGERY OTHER NON -CRIMINAL TOTAL PART II ARRESTS 3 36 0 0 0 0 0 0 7 0 0 1 47 BEAT TOTAL = PART I CRIME + PART II ARREST 99 BEAT AVERAGE (AGENCY/39 BEATS) AGENCY WIDE TOTAL = PART I CRIME + PART II ARREST BEAT TOTAL AS % OF BEAT AVERAGE :* 120% & ABOVE IS CONSIDERED HIGH CRIME AREA 7/27/00 NCPD CRIME ANALYSIS UNIT 164.1 6,401 TOTAL PART I CRIME & PART II ARREST FOR AGENCY TOTAL BEATS AVERAGE TOTAL PER BEAT *120% & ABOVE IS HIGH CRIME AREA 6,401 39 164.1 201 83 50.6 202 133 81 203 109 66.4 204 164 99.9 205 176 107.3 206 197 120.0* 207 327 199.3* 208 171 104.2 209 226 137.7* 210 3 1.96 2* , y .. 1 .73 12° . 213 342 208.4* 214 228 138.9* 215 202 123.1* 216 67 40.8 217 266 162.1* 218 124 75.6 219 73 44.5 230 283 172.5* 231 202 123.1* 232 29 17.7 233 105 64.0 234 97 59.1 235 132 80.4 236 156 95.1 237 99 60.3 238 414 252.3* 239 65 39.6 240 120 73.1 241 149 90.8 242 162 98.7 243 233 142.0* 244 124 75.6 245 136 82.9 246 130 79.2 247 50 30.5 248 117 71.3 7/27/00 NCPD CRIME ANALYSIS UNIT CITY OF NATIONAL CITY 1999 ABC REPORT PART I CRIME & PART II ARREST REPORT CITYWIDE TOTAL CRIME TYPES CRIME TOTALS CRIMINAL HOMICIDE 8 FORCIBLE RAPE 30 ROBBERY 180 AGGRAVATED ASSAULT 340 BURGLARY 408 LARCENY 1,364 MOTOR VEHICLE THEFT 681 ARSON 0 TOTAL PART I CRIMES 3,011 ARREST TYPES ARREST TOTALS SIMPLE ASSAULT 184 OTHER PART II CRIMES 2,534 CHILD & FAMILY 166 DEADLY WEAPONS 55 EMBEZZLEMENT 18 FRAUD 15 GAMBLING 0 MALICIOUS MISCHIEF 71 NARCOTICS 498 SEX CRIMES 44 FORGERY 40 OTHER NON -CRIMINAL 153 TOTAL PART II ARRESTS 3,778 CITYWIDE TOTAL = PART I CRIME + PART II ARREST 6,789" "* This total includes 39 reporting districts and 4 patrol beats. The total for the 39 reporting districts is 6,401. The information from the 4 patrol beats skews the citywide total. 7/27/00 CRIME ANALYSIS UNIT HANDOUT ITEM NO.5 August 7, 2000 August 7, 2000 TO: FROM: Bill Osburn, Lieutenan SUBJECT: Recommended Conditions of Approval (CUP 2000-20) You have asked the police department to submit recommended conditions of approval regarding CUP 2000-20. The owner of Wrigley's Market, 34 N Euclid applies to the City of National City for a Conditional Use Permit to permit the off -sale of Alcoholic Beverages including Beer, Wine and Distilled Spirits. In order words a Type-21 ABC off -sale license. Mr. Larry Paris, Assistant Planner The California Legislature has declared that the off -sale of alcoholic beverages is a matter of public concern and it is in the interest of the public health, safety, and welfare to adopt operating standards (Conditions) for certain retail establishments. As such, the Legislature established nine (9) statewide standards for retail premises. The standards are . set forth in Section 25612.5: of the Business and.Professions Code, Division 9. The standards adopted by the Legislature specifically DO NOT preclude the adoptions and implementation of more stringent local regulations. The attached document identifies, the nine (9) Mq.ndatory. coiiditions.established by the Legislature. In addition to the nine statewide standards, the National City Police Department recommends and additional fourteen (14) conditions to be applied to this Conditional Use Permit. If you have any questions or comments, please:doxft:hesitate_to. contact tne'at extension 4480... MANDATORY CONDITIONS OF APPROVAL (Section 25612.5 Business & Professions Code) 1. A prominent, permanent sign or signs stating "NO LOI iERING IS ALLOWED ON OR IN FRONT OF THESE PREMISES" shall be posted in a place that is clearly visible to patrons of the applicant. 2. A prominent, permanent sign or signs stating "NO OPEN ALCHOLIC BEVERAGE CONTAINERS ARE ALLOWED ON THESE PREMISIS" shall be posted in a place that is clearly visible to patrons of the applicant. 3. No alcoholic beverages shall be consumed on the premises of an off sale retail establishment. 4. The exterior of the premises, including adjacent sidewalks and all parking lots under the control of the applicant, shall be illuminated during all hours of darkness during which the premises are open for business in a manner so that persons standing in those areas at night are identifiable by law enforcement personnel. However, the required illumination shall be placed so as to minimize interference with the quiet enjoyment of nearby residents of their property. 5. Litter shall be removed daily from the premises, including adjacent public sidewalks and all parking lot under the control of the applicant. These areas shall be swept or cleaned, either mechanically or manually, on a weekly basis to control debris. 6. Graffiti shall be removed from the premises (front and back) and all parking lots under the control of the applicant within 120 hours of application. 7. No more than 33 percent of the square footage of the windows and clear doors of an off -sale premises shall bear advertising or signs of any sort, and all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which cash registers are maintained, from the exterior public sidewalk of entrance to the premises. However, this latter requirement shall not apply to premises where there are no windows, or where existing windows are located at a height that precludes a view of the interior of the premises to a person standing outside the premises. 8. Each public telephone located on the off -sale premises property, or the adjacent property under the control of the off -sale applicant shall be equipped with devices or mechanisms that prevent persons from calling into that public telephone. 9. A copy of the applicants conditions of approval shall be made available during normal business hours for viewing by the general public or anytime upon demand of a law enforcement official. IN ADDITION TO THE ABOVE MANDATORY STATEWIDE STANDARDS THE FOLLOWING (Type 21) CONDITIONS OF APPROVAL ARE RECOMMENDED 1. There shall be no sales of alcoholic beverages permitted other than during posted business hours of 8 AM to 8 PM, seven days a week. 2. The applicant shall post and maintain a prominent, permanent sign prohibiting loitering at each entrance to the applicant premises and parking lot. The language of each sign shall read; "NO LOITERING IS ALLOWED ON OR IN FRONT OF THESE PREMISES." Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. 3. The applicant shall post and maintain a prominent, permanent sign prohibiting the consumption of alcoholic beverages at each entrance to the applicant premises and parking lot. The language of each sign shall read; "NO OPEN ALCHOLIC BEVERAGE CONTAINERS ARE ALLOWED ON THESE PREMISIS." Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. 4. No alcoholic beverages shall be consumed on the premises of an off -sale retail establishment. This prohibition shall include all parking lots, outbuildings and any property or adjacent property under the control of the applicant. 5. 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. 6. 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 Code Conformance Officer, any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 7. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages which are clearly visible to the exterior shall constitute a violation of this condition. 8. All ice shall be sold at or above the prevailing price in the area and in quantities of not less than three (3) pounds. No ice regardless of quantity shall be given away for free. 9. 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 or containers shall be given free of charge. 10. No wine or distilled spirits shall be sold in containers of less than 750 ML, except for wine coolers. Wine coolers may be sold only by four pack. Wine sold shall have corked bottles, not screw off caps. 11. No beer or malt beverage products shall be sold in less than six-pack quantities per sale. There shall be no sales of single cans or bottles of less than 750 ML. 12. No wine shall be sold with an alcoholic content of greater than 15% by volume. 13. Containers of distilled spirits may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 14. No coin operated amusement devices shall be operated on the licensed premises. END. } City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: CUP-2000-20 Project Location: 34 N. Euclid Avenue Contact Person: Larry Paris Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit allow alcohol sales at the relocated Wrigley's Market at 34 N. Euclid (Sam Arabo). Applicant: Exempt Status: 1 El n Sam Arabo Telephone Number: (619) 264-0175 Statutory Exemption. Categorical Exemption, Section 15301 (Class 1-Existing Facilities) Not a project as defined in Section 15378 of CEQA Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: The project involves the minor alteration of an existing facility on the property only, with no or negligible change in the existing use, and does not have potential for impacting the environment. Date: Larry Paris Assistant Planner ® Recycled Paper NATIONAL CITY, CALIFORNIA APPLICATION for Conditional Use Permit Planned Development Permit Planned Unit Development Permit Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number GUP 2000 —20 Filing Fee $ 1,2. s`O o� Receipt No. Date Received 7/1ti/IU0 By E.A.F. Required Related Cases Fee$ LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) 5s2 1,83 11,60 ansD 6Sa a83 t t'rhos& PeKrt6t.►s or LOT I,4 Rib FRaCPWWAt_ WI' 72 1'ni 114C. F*-lutssteti !ALMS r,P Sin4 btct,0,knleWt4t-5vrrt»LS PoochAsE ►miL4: CatADZ ► Ir n01141 l_C'hi ia) cc1O4IN-I tJa 5Ral biE-60 SPRAT; 1>F CcaL tJ%A f1eCVRDt4G 'TO mf for 283. PROPERTY LOCATION between irr• &J. /(/ on L (4( 9/ 9Sv No. Street and COMBINED GENERAL PLAN/ZONING DESIGNATION C%L�-- Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 1 of 4 APPLICANT Name: S,o.v, o (Please type or print) Signature: (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: 11 3 I R EtJ c 1 tCC. to a ictato Phone No. - Zra - 0[ 7 (�rq-2.(04-CS Fax No. Date: Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 3 of 4 Jul 13 00 O3:17p From : WILLAM E WARD Is ASSOCIATES 1-5497929 583623-6908 Oct. 26 1984 1W: 4 PM Pei Jul 13 00 09:43e 1BS81923_G909 Property Menageneaent REQUEST; Tire Applletet tgaab aA Itotdldoial Ueo Permit (Chapter 11.1161 Waened • Dev toj itt 'Penh (*OW ISi2* or Pl aeaod U it Developm Peeelt (Chtpttt 1100) to use the stove daalbed Pl0POttY for dre fonowiug P> ! 1a acry.01 Derma. aur.irriead.giOnfl rtgefitAaikall . Nd f i hi d vw tt 04111 i. Pt.leafrel ROSA ?AIM ANtiteas Xa+/z4ay ~VI taus. d aL.a*,rsh-v PROPERTle OWNER(ti)del *polo iioteded to Ate application: (Attashcd extra *eta ttnwwaari). Name: uiY'itam Name: Signature y , ?1._:sa.+ Signature (Signewce mthowledten that thin (Signature aokaewhdsas drat Ott applitation isbell* Sod) apPiiaalien is being filed) Addrers: P. Sou 13086 Address: La Jolla? ca. 92039 P6pnc No. 858-629-6904 Fax Nu- 058-623-690B Date: July 13, 2U00 °maimed UsemeisodS.ye Mind fl mnber.19ri Page 2 or4 tii oaiU. wJ[ln`. rm. ..._rnr Phone No. Fax No. Date: thittoavesomemt PaanitANDmaim f . _......., ...,...a.... a d.. ....... Jun 19 00 01:16p erti Managemement (R5,9)623-6909 P•1 Ft/WORDING REQUESTED BY MOYNia= RECCODIO Mkt Me OM AND. Uata*T CMaAWMMM SEWN QNOW. MEL TM STATEMENT TO: Ama WILLIAM E. WARD NN.I P.O. BOX 2099 ' '' LEDCADIA. CA 92024 Owl Tide Dads Na. Dow. Na 837 DOC # 1996-0483011 23—SEP-1996 03136 PM NICK REIM SI DIEGO MINI ER'S IlFICE GRE60R7 sail's VOCOW FOURS 8.00 NI 3,00 If: 1.00 UFr 10.00 CFI •L00 TAN taDat 4246 SPACE ABOVE THIS UNE FOR RECORDER'S USE • Grant Deed THE UNDERSIGNED ORAIf'rORto DECLARED) —O— DOCUMENTARYTRANSPBRTAXISS Rational City O _..._ eolowrporated area ism City or Pane) No. S52 283 1200 an4 S52 283 1100 conlgs tad on fldt odic of }Merest or properctuarepW, or ❑ computed on full value km value of denser encumbsanees remaining at timcof sale. and FOR A VALUABLE CO11SIDERAT(ON. receipt of which is hereby acknowledged. WILLIAM S. WARD hmebyORANT(S)to WILLIAM E. WARD, TAMES OF THE WILLIAM B. WARD TRUST. DATED JANUARY 17, 1996. axfo0owrogdescribedroalpeoperrylathe City of National city eouasy of San Diego . swc cf Cs romiac THOSE PORTIONS OW LOT 64 AND ST'RACTRACTIONAL LR LOT OT° 82P IN THE EX. MISSION LANDS OF SAN DIEGO. IN THE CITY OP NATIONAL CITY. IN TEE COUNTY OF SAW 1=90r STATE OF CALIBORWIA. ACCORDING TO MAP TREREOF NO. 283. FILED IN THE OFFICE OF THE COUNTY RECORDRR OF SAN DIEGO COUNTY, MARCH 9. 1978. Dead -E a°. rt.. ragle. � WILLIAM E. WARD WrEORSOSMCMNIS UTAH RA.COUNTY OFd SUMMIT On 0—firP'- *ea bobs me alUi r Nh *rid. s aWd msd8mr44Mph iPPa pteeanWhr Deb to roe for proved tomeanSte WAN seaheM1• f•'::��" t'. S.'.a•.:. - evident* toDRMpemon nuenanWere aeedtome �saaham. heemmtleftWhadhelesueepeehyOW.adtbseby /as - • OnNMInstrument St* peraon(a).MIto many upon behalf . .�f.` AY.+4 a, of whkh the Mraon(s) *Nod. executed the 4Hwment ' •• 3T: 7 t ', _ , ._ SIp1sW19 (rtaa area for Watt Martel seal} MAIL TAX STATEMENTS TO PARTY SOWN ON SOU.ON7NG UERt IF NO PARTY SHOWN, MAIL AS DIRECTED ASOYS N... Sandi Mdrms cur a alder City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 24, 2000 **Refer to Item #11**__ AGENDA ITEM NO. 2 ITEM TITLE PUBLIC HEARING — 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 PlannerDEPARTMENT Planning uP AN TIOti he City ouncil set this item for hearing at the October 3 meeting. A related item regarding a request for waiver from street standards is also on the agenda. The attached background report describes the Tentative Parcel Map and Variance proposal. Environmental Review N/A Negative Declaration proposed Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Pelf Staff concurs with the decision of the Planning Commission and recommends that the Tentative Parcel Map and Variance be approved. BOARD / COMMISSION RECOMMENDATION 1'he 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. Background Report 2. Planning Commission Resolution 3. Location Map Department and Agency Comments A-200 (9;997 Resolution No. 5. Citizen Letters 9. Initial Study 6. Applications 10. Applicant's Plans (Exhibits A and B) 7. Justification Letter R Negative Declaration BACKGROUND REPORT This applicant proposes the division of a 13,850 square foot hillside property into a 6,901 square foot lot and a 6,949 square foot lot. The applicant intends to develop the proposed lots with two- story, 2,100 square foot, single-family homes with three bedrooms and 2Y2 baths. 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 steep slopes that exist on the lot. The applicant has also requested a waiver from street width standards for cul-de-sacs. The waiver request is addressed by the Engineering Department as a separate agenda item. The property is located in a single-family residential (RS-2) 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 have reduced setbacks most do not contain similar slopes. The property is at the end of K Avenue on the east side. The end of the street has a partial cul- de-sac on the west side and is straight on the east side. At the Planning Commission hearing for the project, citizens expressed their general approval of the project, but raised concerns regarding drainage and the requested waiver of street standards. Concerns regarding drainage are addressed by the conditions of approval adopted by the Planning Commission; however, due to citizen requests for an 80-foot diameter cul-de-sac to allow adequate vehicle turn -around and parking area, the Commission continued the hearing. This allowed the citizens to meet with the applicant and City staff to discuss the project. A meeting with City staff, the applicant, and the neighbors was held, and although it was informative, consensus was not reached. Engineering Department staff explained the street standards and the need for a waiver for the project as proposed. Fire Department staff explained that the project complied with their Code standards because of the inclusion of residential sprinkler systems in the proposed homes. The existing nearby homes sac were constructed to comply with older Code standards, however, and do not have residential sprinkler systems. The applicant's proposal would not bring them into compliance with current Fire access requirements. Fire staff further explained that there is potential for a parking prohibition in the cul-de-sac regardless of its width since the adequacy of turn -around areas for emergency access is partially dependent upon parking practices in the area. At the continued public hearing for the project, the Planning Commission voted to approve the Tentative Parcel Map and Variance. This approval recognizes the fact that the project can only be constructed as proposed if a waiver from Engineering standards is granted. If the waiver is denied, the applicant would need to modify the variance request and site plans; however, this may not affect the proposed parcel map. 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 responsibe 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 (1/4 CHAIRMAN 1023 /025 10F3 1027 1029 1123 1127 1129 1131 1/35 1/59 N41 /143 POR. LOT 2 I9' 8 18 1336 16 /404 SlAf 15 /406 14 14/6 14 SCALE: 1" = 200' T NORTH 1417 N5311591161263 13TH Y t 24 23 /3149 4 21 1330 1030 17 /414 16 /424 22 14042 /345 /324 1344 C asr 14255 1420 IC PROJECT SITE • =tam ZONE BOUNDARY r, ,w,....NA4111,111►L$I A LOCATION MAP 1200 block "K" Avenue LS-1999-3/Z-1999-3/1S-2000-3 NOTIONAL CITY PLANNING DRN. DATE: 6-29-00- REVISIC ,: HEARING: 7-17-00 To: Via: From: Subject: City of National City P N NA ING Office of the City Engineer m , 1243 National City Blvd., National City, California 91950-4397 N►av24 mg (619) 336-4380 November 24, 1999 ENGINEERING REQUIREMENTS FOR THE REVIEW OF THE 1200 BLOCK OF "K" STREET TENTATIVE MAP Roger G. Post, Director of Planning Department Stephen M. Kirkpatrick, Principal Civil Engineer Adam J. Landa, Engineering Department 1200 Block of "K" Street Tentative Map 1. A drainage plan shall be submitted showing all of the proposed and existing on -site and off - site improvements. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. 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, and shall show all missing improvements. 3. The 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 the 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's 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 the Engineering Department's review. The report shall address the stability of all of 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, the parking areas, and the driveways. As 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. Recycled Paper Roger G. Post, Director of Planning Department November 24, 1999 Page two 6. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/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, t hey shall be restored by 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 the 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 of the property. 11. The existing fence on "K" Avenue is encroaching upon the public right-of-way and shall be completely removed. TENTATIVE MAP REQUIREMENTS 1. The parcel map 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. Roger G. Post, Director of Planning Department November 24, 1999 Page three 2. 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. 3. Separate water and sewer laterals shall be provided to each lot/parcel. 4. 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. 5. The final map shall be recorded prior to issuance of any building permit. 6. All new property line survey monuments shall be set on private property, unless otherwise approved. 7. 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. AL/SK:tc K NATIONAL CITY FIRE DEPARTMENT 333 E. 16771 STREET NATIONAL CITY, CA 91950-4596 (619) 336-4550 Comments and Recommendations November 23, 1999 TO: Ron Santos, Assistant Planner FROM: Donald Condon, Battalion Chief/Fire Marshal SUBJECT: 1200 Block "K" Avenue. File number: LS-1999-2/Z-1999-3 I have reviewed the plans and based on the information provided, I have the following comments, recommendations or requirements. 1) 80 feet diameter cul-de-sac is required. In lieu of cul-de-sac a residential automatic sprinkler systems may be installed in each proposed structure. SWEETWATER AUTHORI"'`'tY 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 http://www.sweetwater.org November 23, 1999 Mr. Ron Santos City of National City Planning Department 1243 National City Blvd. National City, CA 91950 NATIONAL CITY PLANNING DEPARTMENT NOV 2 9 'n_n SUBJECT: WATER AVAILABILITY TENTATIVE PARCEL MAP 1200 BLOCK OF K AVENUE CASE NO.: LS-1999-2/Z-1999-3 SWA GEN. FILE: WATER AVAILABILITY, 1999 Dear Mr. Santos: GOVERNING BOARD J.S. SKI WOLNIEWICZ, CHAIRMAN MARGARET COOK WELSH, VICE CHAIR JAMES'JIM' DOUD SUE JARRETT BUD POCKLINGTON GEORGE H. WATERS CARY F. WRIGHT WANDA AVERY TREASURER MARISA FARPdN-FRIEDMAN SECRETARY This letter is in response to a notice of a tentative parcel map for the subject property within the Sweetwater Authority service area. There is a 4-inch water main located on the west side of K Avenue adjacent to the proposed development. The Authority's records indicate that there is no water service to this property. Enclosed is a copy of 1/4 SEC. 132 map which shows the water facilities. At this time, we cannot comment on the adequacy of the existing system to provide fire protection for this project. As plans develop for structures, the Owner must submit a letter to the Authority from the appropriate fire agency stating fire flow requirements. Based on this requirement, this project may result in the need for new water systems or substantial alteration to the existing water system. The Authority recommends that your Agency work with ours to determine if the existing water facilities are adequate to meet the added demands prior to issuing a building permit. Please note that Sweetwater Authority requires a 10-foot horizontal separation between sewer and water laterals. If the Owner provides the required fire flow information and enters into an agreement with the Authority for water facility improvements, if required, water service can be obtained. at a pressure ranging from a maximum of 65 p.s.i. to a minimum of 55 p.s.i. A Public Water Agency Serving National City, Chula Vista and SurroundingAreas Mr. Ron Santos City of National City Re: Water Availability November 23, 1999 Page two If you have any questions, please contact Mr. Russell Collins at (619) 422-8395, ext. 639. Very truly yours, SWEETWATER AUTHORITY `-Jlmes L. Smyth Chief Engineer JLS:RC:jg End.: photocopy of 1/4 SEC. 132 map Pc: Mr. Raul Thompson 3145 Lloyd St. San Diego, CA 92117 END MAIN FIRE SEWAGE — — DRAIN EASEMENT 8' 8.5/8" OOWS 22' 12.3/4" OWNS 299' 8" AC A97 OFFSET FITTINGS WO A1231.1 982' 8" AC '58 W.O. 5945 17"--t---- ---- --• . — 1-11----------- - ',4, 5...4 15' EASEMENT a G 4§ ,... „.. (3-SW-213) I 1 i Fo0 E 'r to , 29851 6" FH 1954 WO 4159 RELOCATED FH 1954 WO 4374 ....... — 40118 0 IRAN 386 OTHER OTHER °--""AGENCY MAIN .LVE iFLY VALVE OFF ST STATION VALVE WELL ANODE iYDRANT VALVE PNEUMATIC TANK -AGENCY CONNECTION .URE REDUCING VALVE /BOOSTER RER ;ER ,M GAUGE VALVE 420 252 843 25 27415 450 2130 e. vita ID 63 7.1 -* In VP z to 02 to • (P) 84 0(P) 0(P) 4(P) 11(P) 0 5. 01(P) Z3314 . 34510 5459 9 6"FH '60 W.O. 6450 16369 (6" WS) 12' AC 'BO W. • w/ 01 awl '50W.O. 4%54 CV WA 4304 192' 4' a DELJ'30 24' 4' floW 0. '0 050. E r- s 0 a 4. 20' EASEMENL„.... (3-SW-656) r1"; 1 "--- 37517 "s-5' EASEMENT (3-SW-756) r--20' EASEMENT (3-SW-755) • 198Q.AL • A633.3Wr c 'B4 (A1171;1/42/6, _ .... 1213FV • 8 15' EAsuiENT A ?,,c 8 "7,ir, WO A1171.4 .. _t3'....714T853) "...to 44' -tk 1 67H '84 4 (3-SW-848) 11-3 , t§. g 7',„%tc," (3-SW-249) ts•el ' 2:.:,• 44 1 QUITCLAIMED (3-SW-752) i (2-SW-292) Ito a' r '8-ot, ,oast.r.; a o4.• „ -.... II ...., '- .... t.rs„ 8• is,..,.....„ .4.• 6,0 '''6, , - ,..,,.z,i O• 44 va,i 6" FH 1954 WO A11714 .1 1983 • 6" FH 1964 WO 7859 (A979.3) ------ 20EASEMENT (3-SW-754) TH I• 6704-8 6C-567 f7y 701 rst wisf 9, 0 ylasgosnaw 2 - --- 1*6 413 (1.5 ( • - 6881 .! 4613 c1,3 6513 05 6723 13074 5122 -4-6730 00 11) 0 ..€ 41 0'"EASEMENT. ----------- / 1 . 1 671-.1 'BO . -------- ol. W.O. A6333 , 1 • ; co k 1 r"._..... 28569 I IV. : _ & -1-29036 I- t 15' ESN"( .. _; '.....:.$4 • (3-SW-140)---L_ g . 26845 ‘. 1 A 19154 45 t4 -15591 413 14145 .3... o- ---^ ID 13830 5439 10444 6577 17855 8 537 0 4.. - 4413 34741"1 A .4-11Artrocrio. 696' Toleac%`''' 9718 9701 444- 10325 12 V kb• 6"F.H:59 G f.5982 73 P 12 13:416 • 641 OBFV to0 4565 6903 • 4494 5200 857T- 6884 -- ST 2"CC 1385444 t 20555 --- 6"Fli '64 'WO 7845 g 308' 6" AC '64 W.O. 7842 > <5690 125351n-L(g.4""LU <11 5 1008 10784 10139 0 10365 °S .... . ........ — 13365 ._ -0 13767- '44 1-1-1 12619 4485 -8122 6122 11386 13330 se."."•4 ID to to 10069 13589 12872 "5272 4§42 6 FH 1969 4'GV91 •WO 9273 6" AC1 '69 05 0 oo 0 co 0 I. ••• 0 01 r) S I X T.TiN1-1-- co 6"a4" k6"GV 1244 18 RED. 50.-4-A.C.'51 W.0.2409 10452 ST. 6187 0 ID 12094 VG* 6197 338' r AC '6 -- I ------------ ------- , -- 050 c0 N CO r- WO 78 05 ID 13548 05 05 Ot" 44 2 '12 0Ifl 05 ID to 3 13260 05 ID 4 • 05 05 -..e k '5 / . A, '• '0 CI', ./ Aa .... - • . , ., , ' (0 20' EASEMENT (3-SW-753) 45831 OJECT SITE 12377 27341 12376 4-12146 11245 11947 ..... 15052 6" FH 14 WO A117 14932 11423 6' F.H. 1984 WO A1171.4 —13541 8 6x4 RED RED 6"GV 14030 16364 9134 9341 0' 0 12878 0 >r, 0 0 1721 S T 8 GVi ."-"T41 1:0 ;3- 6'GV W.O. A1005.2 '84 F.11:68 mar n onsA 05 10639 10230 ID 02 HANDOUT ITEM NO. 5 August 21, 2000 August 21, 2000 We, the undersigned residents, request the Planning Commission support the Engineering Departments recommendation to follow the city's code requirements to complete the Cul de Sac at the end of the 1200 block of "K" Avenue as part of the projected construction of two residences. If the CuI de Sac is completed to code, we agree to the variance request to reduce the front yard set back and the lot split. PRINT NAME c1/IN/c4 _s.des/misekti �6,r9�i2T D t/ yx/44' Q e) s. 1A&LE )-ovir‘i # ''e- /' 1�Z/i chcAr d Rojc ..Sf • • ,<Lr'e-v' 1 ' EbtAM LD fitfnlii}f v, - \—\ \\ate, f\o 19- 1 Puts SIGNATURE --dk 6,6 ADDRESS /2>Yk'Al*.. 1a,0V •gYs. AJ- C /2®y/ k - 4). &.. IA34 K Avt N.C. 1239 K Ave N.C, Ja3S (' 41/ )J C 12 ,ram'• 13©5 •K ' 4116 /Jos 2--tL\ HANDOUT July 17, 2000 ITEM NO. 7 July 17, 2000 We the below signed residents request that the National City Planning Commission delay the proposed variance to reduce the front yard set back and the division of one lot into two in the 1200 block of "K "Avenue. The purpose of this request is for the city to first mitigate the following interests: 1. Access: a. Fire apparatus as required by the Uniform Fire Code Section 902.2 (Full Cul de Sac/Hammerhead) b. Emergency Vehicles : Ambulance and Fire Truck in the area at the same time. c. Commercial/Service Vehicles 2. Restricted Parking: a. Red Curbs b. Fire Lane Signage c. Parking restrictions such as parallel parking versus Diagonal parking d. Access for guest parking 3. Conformity: The request for a 5 foot setback as opposed to the required 20 foot set back if a full Cul de Sac can not be achieved. PRINT NAME SIGNATURE kavry /f3 DI A -Ale l A&LE APt) RDm Ros 5 F.►cFIARb ROJ�}s ADDRESS /. A /ad1 « E ►a34- K Ave I Z.S 4 K. ly tyc- ►23`I K A J > PRINT NAME SIGNATURE ADDRESS .\ck. Mc'cc" �.� \-Z`k`k K am, 1 3 s (G' ftv-•R o ...Eie-r pcla/maril _._ / A / / 2 of 2 July 17, 2000 From: Afton Carroll and Joyce Camblin, residents To: Members of the Planning Commission, National City: We are residents of 1231 K Avenue and 1221 K Avenue, homes adjacent to the property that is being considered for development at the end of the cul- de-sac at 12th Er K We want to make it very clear that we are wholeheartedly in favor of the development of the lot adjacent to 1221 and greet the oncoming improvement of the neighborhood with eager anticipation. In order to show our enthusiasm for the project, we want to offer assistance to the developers to bring this construction to fruition as soon as possible. There is an additional 18-22 feet of property on the north side of the 1221 residence that abuts the street. Should the developers need that additional piece of land in order to meet the concerns voiced by our neighbors on K Avenue, we are more than willing to deed over that property for a very minimal sum in order to proceed with the construction. We are also open to granting whatever easements are necessary to make this project viable. In return for our assistance we ask nothing more than the construction of a privacy wall between the newly -developed property and the 1221 residence, an item that would benefit the newly developed property as well as the existing one. We are anxious that this project continue and are available for discussion about the above proposal. We ask that you consider our input as you make your decisions regarding the development of this property. Thank you for your time and consideration. Sincerely, 'joy%'• Camblin 1221 K Avenue resident ' 610L A ). n Carroll 1231 K Avenue resident Owner of property at 1221 K Office of Ray Gelgur 629 Camino De Los Mares, Suite 201 San Clemente, CA 92673-2834 (949) 493-1313 July 3, 2000 Roger G. Post, Planning Director City of National City 1243 National City Blvd. National City, CA 91950 RE: Variance for development of two single family lots at 1200 Block of K. Avneue Dear Mr. Post: This letter does not oppose the proposed lot split or the front yard variance being requested by the applicant. However, we have very serious concerns about the increased flow of surface and underground water that could result from development of said property, which could cause erosion and damage to our property, which is adjacent and northerly of subject site. This is critical since there is a steep slope between our property and the applicant's property. Thus, a condition of approval of development plans should contain provisions to install a drainage system that will prevent water from said adjacent property flowing onto our property and create a problem for our property. Please bring this to the attention of all parties who will be taking into consideration approval for this project as well as the building department. I thank you for your anticipated cooperation to this request. If the planning commission and any other governmental body does not include this protective provision in their conditions of approval, please notify myself at my address on this letter. RG:11 NATIONAL CITY, CALIFORNIA APPLICATION for Tentative Parcel Map Tentative Subdivision Map Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number Filing Fee $ i as Receipt 3 05 el Date Received By S L5 --7 79? ��- E.A.F. Required Fee $ Related Cases SEE FILING INSTRUCTIONS AND CHAPTER 17 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. % ASSESSOR PARCEL NO. 5 6 i- a 3 0- 3 S PROPERTY LOCATION .� 11: S i /L L'T A • i 13 "sla COMBINED GENERAL PLAN/ZONING DESIGNATION Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 1 of 3 CIVIL ENGINEER OR OTHER AUTHORIZED REPRESENTATIVE Name: C ��' '7441 Name: R o Signature Signature (Signature ac owledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: 3 t `i LL a si .CT. - Address: Sqe-t eA `lZ i l-7 Phone No. Phone No. -r E 2- - 7ePti, Col Fax No. Fax No. 5-7-7 Date: Date: 1 •'-t Sg PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: bP v' b: !-1 AWL \JE Name: 134,9abN1 j V ' t tl qll\Y,) Signature Signature _ (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) ► G PLAN Address: 15c1 f) r' T bt E P}v£ Address: ,--I I,tbc,CF-1 Phone No.((P (7 Si -2 (0 f- FaxNo. (C0ty (17Y- 2' Date: /7-92 N/ T-04JPti CLTD) CA" q(gSD Phone No. L.m ) o (F-2-(vgs� Fax No. c1 (1-) *71f 1 �q9 Date: ` 1l�l7j�G� Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 2 of 3 APPLICANT Name: p_ t__ (Please type or prat Signature: (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: 31 t S L L 0 -r S' 5r>,� h l Go, CA Z- i 1'7 Phone No. 7 (0 Fax No. ZS j g". Z- i0 - S % ? ) Date: \\-)� cS Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 3 of 3 '-16-99 01t46P PLANNING DEPARTMENT 619 336 4321 P.01 ZONE VARIANCE NATIONAL CITY, CALIFORNIA Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619)336-4310 PLEASE DO NOT USE. BLUE INK WHEN COMPLETING nu FORM FOR DEPARTMENT USE ONI.Y Case Number Filing Fee $ �u Receipt No. 3635 Date Received///7 By E.A.F. Required Fee $ Related Cases SEE FILING INSTRUCTIONS AND GLI PT ER 18.114 OF THE NAI7U:VAL CITY MUNICIPAL CODE FOR MORE INFORMATION. LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) A -Pr-' a- S-tfli —030 - 3 P°rJ , The ok r•IATI - L. CIT'/ COLA i', J c sL6O, 5,A i cf CAt_,Fon-r1IA AS SHow,./ AT PAGE 141S5 PA2CEL ✓ 'AIS F,LL-j I Of -I, e.& et i1�N& U o Cr, r Ty, FL-.A/L, -i 2-(0, k\tA. As PILE ? O7S 313 or Orb e '1 L �C.G E2 of SA.-.1 PROPERTY LOCATION td1C-Ps L r _97 ILL No. Street between z� �t- u . and I cofr COMBINED GENERAL PLAN/ZONING DESIGNATION P- S - 2- Zone Variance Application Nov-16-99 01:46P PLANNING DEPARTMENT 619 336 4321 P.02 * _ / �'. / Y, 33 0 REQUEST: The Applicant requests a Zone Variance pursuant to Land Use Code Section number 'A set_ to use the above described property for the following purposes (state exactly what is intended to be done on, or with, the property which does not conform with existing zoning regulations): " J Ff. I `-/ . tiLa h R L 1>.� c e_ P lto._ 'IA d2 5ET%�ALIL Poo (7-o PTo (I o Ft1- 1 CIA vt",et , 0)1 r! L• . •F1t-Low (l `i f ow-r) (- i t4 & 16 N T L!E-LA ob `(mil %oT) L,vv-,T' PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: �tv, 6. 1,-4AktA-Ava, Signature QeAZO (Signature acknowls that this application is being Tiled) Address: 1551 p-' Tb t ,.o. E Cr��t 1 1f t,V, CA 92,1 3� Phone Nok(0(Pt) 147- 2C'f Fax No. (SS(c) t-f -N- a l Date: //- / 7- 99 Name: Signature (Signature acknowledges that this application is being filed) Address: 1410 . Q(,,Pt?,fr BI.. 'p-(• rJ toNl�t, C A-13, CA} IASI) Phone No. ) Fax No. Qtij 1t fL J Date: If Zone Variance Application Revised December, 1998 Pale 2 of 4 ", Nov-16-99 01:46P PLR-'>`?ING DEPARTMENT E-,,r. 336 4321 P . 0: APPLICANT Name: r A" L TH p f S� •—P (Please type or p ant) Signature: (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: 3\ `-t L L o y S Sri,-t l�L� LA Phone No. Fax No. Date: F-5-k - 210 - 5 7 (0 l 1--N- k\,15-,q9 Zone Variance Application Revised December. 1998 Tsunami Design 7676 Hazard Center Drive - Suite 500 — San Diego, CA 92108 — USA Phone 858-270-5761 — Fax 619-270-5771 — Email Tsunami33@aol.com December 1, 1999 To: National City Planning Department Re.: Zone Variance Justification Location: "K" Street at 13th APN#: 561-030-33 Zoning: RS-2 Status: Vacant Property Variance Sought: Front Yard Setback; From Twenty feet (20') to Ten -feet (10') For New Home construction Planning Director, We are applying for this variance by virtue of special circumstances which exists for this vacant property. The circumstance which we are most affected by in this instance is the Topography. The property in question is located at the top of a cul de sac street. The neighborhood is well established and this lot is the only vacant property which until now has been left undeveloped. The site is also quite steep but still feasible for development. It is our understanding that within the parameters of RS-2 zoning, there are exceptions (such as 18.14.330) which allow for Front Yard set back adjustments (in this case the garage) in circumstances where topography becomes an issue. The variance which we seek would therefore emulate these same logical considerations and make them also applicable to the home itself. The granting of this variance would allow us the ability to design each home in such a manner so as to minimize the exponential effect of sloped site conditions on design .and cost considerations. In other words, we would not be deprived "of privileges enjoyed by other property owners in the vicinity and under identical zoning classifications." All other intended development would comply with and be consistent with requirements for the properties in this vicinity and zone in which this property is situated. Raul Thompson NATIONAL CITY PLANNIN ARTMENT 6MC 0 21999 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR INITIAL STUDY Project plans & Environmental Assessment form received on: April 28, 2000 Environmental Assessment form determined complete by: Jon Cain, Associate Planner Case File No.: IS-2000-2 Reference Files: LS-1999-2 Z-1999-3 Date: June 8, 2000 Initial Study completed by: Jon Cain, Associate Planner Date: June 9, 2000 ****************************************************************************** Address of Project: Project Description: Environmental Setting: 1200 Block of K Avenue National City, CA 91950 Subdivision of one lot into two single family parcels with a variance to allow a reduced front yard setback for the construction of one detached, single-family home on each lot. The project site is a vacant, hillside property at the northern end of a single-family neighborhood in an urbanized area. A shopping center is located at the bottom of the hill to the north. ****************************************************************************** Conclusion: 1) X A Negative Declaration is proposed, since X (a) There is no substantial evidence that the project may have a significant effect on the environment; or (b) The project may result in a significant environmental impact but revisions in the plans by the applicant mitigate or avoid the effects where clearly no significant effects would occur; or, 2) An EIR is required since the project may result in a significant environmental impact. RECOMMENDATION: That the decision -making body consider the proposed Negative Declaration together with any comments received during the public review process and find 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. This conclusion is based in part on Recycled Paper a limited site investigation performed by East County Testing & Lab dated April 25, 2000 (Soils Report). There is no substantial evidence that the project will have a significant impact on the environment based on the following discussion of potential, non -significant impacts: GEOLOGIC HAZARDS: Relatively steep slopes are present in the location of the proposed project. There are no faults located on the site, and no groundwater was encountered during the soils investigation. The Soils Report referenced above determined that the site is suitable for the proposed development with the incorporation of recommendations regarding grading and earthwork, foundation and slab, and retaining wall specifications. The applicant proposes the incorporation of the recommendations of the soils report. ALTERATION OF VIEWS: The appearance of the project site will change if the vacant property is developed with single- family homes as proposed. The project will involve minimal grading underneath the proposed homes, and the majority of the site will be undisturbed; however, the new homes will be the primary visual feature of the site. Although the appearance of the hillside property will change, views of the site are obscured by structures in the South Bay Plaza shopping center to the north. There are single-family homes located all along the ridge above South Bay Plaza, and this project will not change the character of the area. The General Plan does not identify the hillside as a significant feature. VARIATION FROM EXISTING CODES AND ORDINANCES The project involves a variance to allow a reduced front yard setback. The variance is proposed due to the steep slopes on the property that limit the developable area of the site and prevent the property from enjoying the same privileges as other property in the vicinity under the identical zone classification. The reduced front yard setback will allow the property to be developed for single-family homes by allowing structures to be located in the area of the lot best suited for development. ALTERATIONS TO TRAFFIC PATTERNS: The addition of two single-family homes will have a negligible traffic impact on the existing neighborhood, although immediate neighbors may be inconvenienced by the reduction in on - street parking resulting from the addition of two curb cuts in the cul-de-sac. BIOLOGICAL AND WILDLIFE HABITAT The small project site is located in the center of an urbanized area where no plant or animal species listed by the state or federal governments are expected to occur. THE CITY OF NATIONAL CITY, CALIFORNIA ENVIRONMENTAL ASSESSMENT FORM NOTICE The information you provide in this form will be used to determine whether or not an environmental impact report is needed. To avoid unnecessary project delays, the information you provide should be complete, accurate and unbiased. CITY OF NATIONAL CITY, CALIFORNIA PLANNING DEPARTMENT INITIAL STUDY GENERAL INFORMATION PLANNING DEPARTMENT FILE NO. (PLEASE PRINT OR TYPE) /� TYPE OF PERMIT REQUIRED T 1' YvA /� p DATE (1- 13 -�► PERMIT APPLICANT A LA 1-1-t b Jt- t 2 k b C `I I (PHONE NO . j� - 27 - S 7 6 I NAME AND ADDRESS OF PERMIT APPLICANT P. Au L_ T}}p �- AS o —f 31�i S LL0 ST. 5A--' 6 -t CA S 2..11 i NAME AND ADDRESS OF THE PROPERTY OWNER t/t,„; b b.. lln A- At, v E ISS 7 4,--I-ror -$E '.Y- ��/ '1Lt,D CA q LI 3 ! f�_- NAME AND ADDRESS OF THE PERSON WHO PREPARED THE PLAN 60- `, CFI(""" A ^r Po 9'13 b7 Spar'' If,Q_ CA 92-169 DATE OF PREPARATION I I. - I C • 7 n LEGAL DESCRIPTION OF THE JOB SITE A 1'r 1 4 si I — (� 3D - 33 PI � CLL 7- , 1, i 1-) C I r-i o f N/n r , o "-I L Gi I CcA„. y of -SA) E t,�� S� rL of /�t�L�to r- i� AS S Flowr-r 11 r PA GL f u 1 PS -of lam%-CF-L MA Ps �-H ofFsc of T0t Co T7 RE. - toil- M-11._ 61L(fit COarr'ry, FEA(_'y`AIL--/U'� \�( �b A S F t t.-e- c �b - ©7 C 31 3 of of c, AL j SITE ADDRESS kit) FOR RESIDENTIAL: NO. OF DWELLING UNITS FOR COMMERCIAL: TYPE OF BUILDING SQUARE FOOTAGE FOR INDUSTRIAL: TYPE OF BUILDING SQUARE FOOTAGE OTHER: TYPE OF BUILDING SQUARE FOOTAGE CITY OF NATIONAL CITY, CALIFORNIA INITIAL STUDY (General Instructions) The State of California requires cities to assess the environmental impact of all development projects before permits for such action are issued. The attached form will assist you in presenting the environmental effects of your project. The form consists of the following sections. A. BACKGROUND INFORMATION You will be asked to give a general description of the project and its environmental setting. B. ASSESSMENT OF ENVIRONMENTAL IMPACT You will be asked to respond to a series of yes/no questions. A "yes" answer will mean the project could have significant environmental effects. These answers will be reviewed by the Environmental Impact Committee to determine whether an Environmental Impact Report will be required. C. STATEMENT OF NO SIGNIFICANT ENVIRONMENTAL 1r'ECPS You should complete this section only if you answer "yes" to one or more of the questions in Section B, but still believe the project will have no significant environmental effects. D. ADDITIONAL DATA You may be asked to answer other questions and submit additional information to determine whether an EIR is required for the project. If required information is not submitted within four (4) months from receipt of written notification by the Planning Department, or an extended period of time acceptable to staff, the application and project shall be considered withdrawn. E. CERTIFICATION You will be asked to certify the truth and accuracy of your statements. INITIAL STUDY (continued) A. Background Information 1. Give a brief description of the proposed project. Include within this discussion the principal engineering proposals. SxNA h v;b vA CA T LAN `r`a-'o 6 ) c.14 F„.k_ S 2. Describe the environmental setting, including distinguishing natural and man-made characteristics. The discussion should be of the site without (before) the project and include the imme- diate areas surrounding the site. N�►-r- Si 6 t 3T �uLP, of- C;-L be_ SAL LSTANL-) f h (SFA--) (")-ik Z Ht0L , ,— N C- o ,..._ n" C (�- c 1 �1 L C-£r-► 3 2-1 p ALL S 6,-.1 -r TTb INITIAL STUDY (continued) B. ASSESSMENT OF ENVIRONMENTAL IMPACT Answer the following questions by placing a check in the appropriate space in Column A. Column A Specific Questions Yes Maybe No 1. Does the project significantly change the present use of the project area? (The project area includes the im- mediate location of the project, as well as more remote areas that may be directly or indirectly affected by construction and/or operation of the project.) 2. Does the project alter any unique, natural or manmade features? 3. Does the project affect the conser- vation of any natural or scenic re- sources or scarce natural resources? 4. Does the project alter the biological habitat of flora, fauna or endangered species? 5. Does the project alter or change ex- isting features of any ocean, beach, estuary, bay or tidelands? 6. Does the project alter the land form of topography in excess of 25 percent? 7. Will the project contribute to in- crease flooding? 8. Will the project increase the possi- bility of erosion or sedimentation? 9. Does the project involve any geologi- cal hazards? 10. Will the project increase the possi- bility of earth slippage? V V Column B Staff Analysis Yes Maybe No 11. Will the project contribute advers- ly to the quality of air? INITIAL STUDY (continued) B. ASSESSMENT OF ENVIRONMENTAL IMPACT (continued) Column A Column B Staff Analysis Yes Maybe No Yes Maybe No 12. Will the project affect the use of existing or proposed recreational areas? 13. Will the project affect areas of his- toric, archaeological or aesthetic value? (The setting of such sites includes surrounding areas, the nature of which are important to the under- standing and enjoyment of the site itself.) 14. Will the project accelerate the dev- elopment of adjoining non -urban areas? (Examples include the introduction of facilities such as streets, roads, water mains or sewerage lines in such a manner as to facilitate development or intensification of the use of an area.) 15. Will the project tax the City's or other agency's ability to provide necessary facilities? 16. Will the project require any variance from existing environmental standards (air, water, noise)? 17. Will the project alter the character of existing communities? (Examples in- clude, but are not limited to: Changes in traffic patterns Effects on access within the com- munity to commercial establish- ments, schools, parks, etc. Introduction of activities not presently found within the community.) 18. Is the land use proposed by the pro- ject in opposition to the City's ex- :isting: plans, programs, and policies? V 1, 1 INITIAL STUDY (continued) B. ASSESSMENT OF ENVIRONMENTAL IMPACT (continued) Column A 19. Will the project require a change in zone, adopted community or general plan? 20. Does the project require any variation from existing codes and ordinances? 21. Will the project significantly change the average population density of the community? 22. Will the project alter the lifestyle of the community? 23. Will the project result in overcrowding, a lack of privacy for adjoining develop- ment within the community? 24. Will the project alter or eliminate views? 25. Will the project reduce solar access or opportunities for passive heating and cooling on the site or on nearby property or result in other effects on climate or micro -climate? 26. Will the project result in increased light or glare? 27. Will the project alter or limit access to public facilities or recreational resources? 28. Will the project affect existing transportation systems? 29. Will the project affect the existing utility networks? Column B Staff Analysis Yes Maybe No IYes Maybe No 30. Will the project affect the existing community facilities or city services? 31. Does the project involve the demolition or removal of existing improvements? V INITIAL STUDY (continued) B. ASSESSMENT OF ENVIRONMENTAL IMPACT (continued) Column A Column B Staff Analysis Yes Maybe No Yes Maybe No 32. Does the project alter or improve the employment base of the community? 33. Could the project significantly affect the potential use, extraction, or conser- vation of a scarce natural resource? (Ex- amples include, but are not limited to: Developments which effectively pre- clude the extraction of the region's rock, sand, gravel, or other mineral resources. Uses which effectively preclude the multiple use of regional natural resources in scarce supply. Activities which tend to diminish the supply or availability of regional natural resources that are in scarce supply.) 34. Are any of the natural or manmade fea- tures in the project area unique, that is not found in other parts of the City, County, State, or nation? (Unique features include those areas, structures, biological phenomena, etc., that exhibit distinguish- ing characteristics not found in other areas, or, only in a small number of other areas. Such features can be either good or bad for human health, safety, comfort, or �/` conveniences.) ENVIRONMENTAL ASSESSMENT STATEMENT (continued) C. STATEMENT OF NO SIGNIFICANT ENVIRONMENTAL EFFECTS If you have answered yes to one or more of the questions in Section B, but still think the project will have no significant environmental effects, indicate your reasons below. THIS IS VERY IMPORTANT. Attach additional pages, if necessary. 1.4 bl) I iL 1111ob •Js C._1-\ /S LsT�n,L (SF\ P U4Dv,Fir"l To TIAL A TP,l>L.-'rE5 oFFL2c_b d 5� Iwo (2) E ‘,J S ( rJ 61_ E S t E •s. l e, � r' I1A,5 ALS2, ',IC-LAi-i-LS 1 HL. PA) Pe .SiT-7 b ur Aft-C-) LaTS 're,A 77-k. crr ALAAn/'7"- D. ADDITIONAL DATA 1. If there are any Army Corps of Engineers or other Governmental Agency public notices or permit numbers applicable to this project, cite them and give dates. 2. Estimate the amount of grading in cubic yards. y VS A-t �o•T 9 A T i.v i Z 3. What are the maximum heights of man-made slopes, etc. LmT L_ L /`ETA r` G Wfll(... J E. CERTIFICATION I hereby acknowledge that the above Environmental Assessment Statement is true and accurate to the best of my knowledge. Date //-/7 - Signed dafraa Date l l' j k C( Signed Perso who completed this application City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 24, 2000 AGENDA ITEM NO. 3 ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to amend our agreement with PARTERRE Landscape Architecture to provide Schematic, Design and Development Plans for the Civic Center Landscape Improvement Plan. PREPARED BY Jim Ruiz, Director ittn DEPARTMENT Parks & Recreation EXPLANATION. This amendment is for the agreement for developing conceptual plans th was approved by the City Council on February 15, 2000, and will provide more detailed plans, specifications and costs for the Civic Center Project. The City Council had the opportunity to review the initial concept plan that had been developed by the architect and staff at the council workshop of September 20th. The Council at this workshop provided their input and recommendations which will be addressed during this next phase. This amendment to the contract will allow the architect to work with staff to develop and design, in more detail, the work to be done with the budget dollars available for this project. These plans will then be presented to the City Council. Environmental Review N/A Financial Statennent Funds available in #195-409-500-598-4092 Contract not to exceed $46,000 which includes a 15% contingency that the City Manager can authorize if needed. STAFF RECOMMENDATION Approve BOARD/COMMISSION RECOMMENDATION ccount No, ATTACHMENTS (Listed Below) Amendment and Scope of Work Resolution No. 2000-132 A-200 (Rev. 9/80) RESOLUTION NO. 2000 — 132 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND PARTERRE LANDSCAPE ARCHITECTURE TO PROVIDE SCHEMATIC, DESIGN AND DEVELOPMENT PLANS FOR THE CIVIC CENTER LANDSCAPE IMPROVEMENT PLAN, AND AUTHORIZING THE CITY MANAGER TO EXPEND ADDITIONAL FUNDS TO IMPLEMENT SAID AMENDMENT WHEREAS, on February 15, 2000, the City and Parterre Landscape Architecture entered into an agreement for the development of a Civic Center Landscape Plan; and WHEREAS, after conducting a Council Workshop on September 20, 2000, Parterre Landscape Architecture is able to provide more detailed plans, specifications and costs for the Civic Center Project which requires an amendment to the Scope of Services of the original agreement, and the expenditure of additional funds for the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Amendment the Scope of Services to the Agreement between the City of National City and Parterre Landscape Architecture for schematic, design and development plans for the Civic Center Landscape Improvement Plan, and that the City Manager is authorized to expend up to $46,000 to implement said Amendment. Said Amendment to Agreement, dated October 5, 2000, is on file in the office of the City Clerk. PASSED and ADOPTED this 24th day of October, 2000. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney George H. Waters, Mayor NMI PARTERRE NATIONAL CITY CIVIC CENTER MASTER PLAN — PHASE II SCOPE OF SERVICE 10/5/00 Concept Plan Refinement Phase (Schematic Design) 1. Attend initial project team meeting with City staff. Review and discuss project issues, program, goals and schedule. 2. Conduct Workshop I with Design Review Committee (DRC). Review Concept Phase design plan. Review and discuss phase II project issues, program, goals and objectives. 3. Refine existing site survey and research existing utilities. Prepare site base maps. 4. Prepare traffic analysis and layout of median break at 12th Avenue and National City Boulevard. 5. Prepare Schematic Design Plan (refinement of Concept Plan) for entire site. The Schematic Design Plan submittal will include the following: • Colored site plan illustrating parking layout, driveway access, vehicular turnout, pedestrian walkways, lighting and landscaping. • Enlarged design plan for Entry Plaza, Employee Patio and Rose Garden. • Signage program and location plan. • Additional design exhibits to support Schematic Design Plan. 6. Prepare Schematic Design Plan Cost Opinion. 7. Conduct Workshop II with Design Review Committee (DRC). Review Schematic Design Plan submittal. Design Development Phase 8. Following approval of the Schematic Design Plan submittal begin preparation of the Design Development Plan for the initial improvement Site Planning Urban Design Landscape Architecture 1221 Hayes Avenue San Diego, CA 92103 619 296-3713 Fax 619 296-3702 area. The initial improvement area is illustrated in Exhibit A. The Design Development Plan(s) submittal will include the following: • Entry/Parking Area Layout and Grading Plan. • Pedestrian Paving Plan. • Planting Plan. • Lighting Plan (may be integrated with Layout Plan). • Irrigation Master Plan (entire site). • Signage Plan with associated sign exhibits. 9. Prepare Design Development Plan Cost Opinion. 10. Conduct Workshop III with Design Review Committee (DRC). Review Design Development Plan submittal. 11. Make revisions to Design Development Plan submittal if required. 12. Present Design Development Plan to City Council. Note Not included in the scope of services is: geotechnical engineering, structural engineering, traffic signal analysis or design potholing of existing utilities, final engineering design, colored perspective renderings or models for presentation. ERN PARTERRE NATIONAL CITY CIVIC CENTER MASTER PLAN — PHASE II CONSULTANT FEES - 10/5/00 Concept Plan Refinement Phase (Schematic Design) Schematic Design Plan Exhibits $14,500 Refine Survey / Utility Research $4,500 Median Analysis at 12th Avenue $3,000 Total $22,000 Design Development Phase (initial improvement area) Design Development Plan Exhibits $16,500 Design Photo Simulations (3.5 each) $1,500 Total $18,000 Project Expenses Reproduction, Plotting, Printing, etc. Total Labor $40,000 Total Expenses $1,800 Total Consultant Fees $41,800 Site Planning Urban Design Landscape Architecture 1221 Hayes Avenue San Diego, CA 92103 619 296-3713 Fax 619 296-3702 AMENDMENT TO AGREEMENT This Amendment to Agreement is made and entered into this 24th day of October, 2000, by and between the City of National City (the "City") and Parterre Landscape Architecture (the "Contractor"). RECITALS A. The City and the Contractor entered into an Agreement (the "Agreement") on February 15, 2000, for the Contractor to develop a landscape improvement plan for the Civic Center. B. The City and the Contractor desire to amend said Agreement by augmenting the Scope of Services of said Agreement. NOW, THEREFORE, the parties mutually agree that the Scope of Services of the Agreement dated February 15, 2000, be amended as set forth in the attached Exhibit "A", which is incorporated herein by reference. With the foregoing exceptions, each and every provision of the Agreement dated February 15, 2000, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to this Agreement of the date and year first above written. CITY OF NATIONAL CITY PARTERRE LANDSCAPE ARCHITECTURE George H. Waters, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney • rM ■ Mir ✓ J� PARTERRE NATIONAL CITY CIVIC CENTER MASTER PLAN — PHASE II SCOPE OF SERVICE 10/5/00 Concept Plan Refinement Phase (Schematic Design) 1. Attend initial project team meeting with City staff. Review and discuss project issues, program, goals and schedule. 2. Conduct Workshop I with Design Review Committee (DRC). Review Concept Phase design plan. Review and discuss phase II project issues, program, goals and objectives. 3. Refine existing site survey and research existing utilities. Prepare site base maps. 4. Prepare traffic analysis and layout of median break at 12th Avenue and National City Boulevard. 5. Prepare Schematic Design Plan (refinement of Concept Plan) for entire site. The Schematic Design Plan submittal will include the following: • Colored site plan illustrating parking layout, driveway access, vehicular turnout, pedestrian walkways, lighting and landscaping. • Enlarged design plan for Entry Plaza, Employee Patio and Rose Garden. • Signage program and location plan. ■ Additional design exhibits to support Schematic Design Plan. 6. Prepare Schematic Design Plan Cost Opinion. 7. Conduct Workshop 1.1 with Design Review Committee (DRC). Review Schematic Design Plan submittal. Design Development Phase 8. Following approval of the Schematic Design Plan submittal begin preparation of the Design Development Plan for the initial improvement Site Planning Urban Design Landscape Architecture 1221 Hayes Avenue San Diego, CA 92103 619 296-3713 Fax 619 296-3702 Exhibit "A" Page 1 area. The initial improvement area is illustrated in Exhibit A. The Design Development Plan(s) submittal will include the following: • Entry/Parking Area Layout and Grading Plan. • Pedestrian Paving Plan. • Planting Plan. • Lighting Plan (may be integrated with Layout Plan). • Irrigation Master Plan (entire site). • Signage Plan with associated sign exhibits. 9. Prepare Design Development Plan Cost Opinion. 10. Conduct Workshop Ill with Design Review Committee (DRC). Review Design Development Plan submittal. 11. Make revisions to Design Development Plan submittal if required. 12. Present Design Development Plan to City Council. Note Not included in the scope of services is: geotechnical engineering, structural engineering, traffic signal analysis or design potholing of existing utilities, final engineering design, colored perspective renderings or models for presentation. Exhibit "A" Page 2 • rE q ua PARTERRE NATIONAL CITY CIVIC CENTER MASTER PLAN — PHASE II CONSULTANT FEES - 10/5/00 Concept Plan Refinement Phase (Schematic Design) Schematic Design Plan Exhibits $14,500 Refine Survey / Utility Research $4,500 Median Analysis at 12th Avenue $3,000 Total $22,000 Design Development Phase (initial improvement area) Design Development Plan Exhibits $16,500 Design Photo Simulations (3.5 each) $1,500 Total $18,000 Project Expenses Reproduction, Plotting, Printing, etc. Total Labor $40,000 Total Expenses $1,800 Total Consultant Fees $41,800 Site Planning Urban Design Landscape Architecture 1221 Hayes Avenue San Diego, CA 92103 619 296-3713 Fax 619 296-3702 Exhibit "A" Page 3 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE OCTOBER 24, 2000 4 AGENDA ITEM NO. ITEM TITLE ACCEPTANCE OF THE LOCAL LAW ENFORCEMENT BLOCK GRANT AWARD PREPARED BY LT. RAY ALLEN DEPARTMENT POLICE DEPARTMENT EXPLANATION Background On September 15, 2000, The National City Police Department applied for a Local Law Enforcement Block Grant through the United States Department of Justice. The application was accepted and the National City Police Department was awarded $136,411.00 with a match from the City of National City of $15,379.00 for the purchase of police equipment and technology. Pursuant to Federal law, a public hearing must be held prior to Council action on the allocation of funds. The Police Department is requesting that all of the above funds be utilized for the final phases of the Computer Aided Dispatch and Records Management System (CAD/RMS). Once this project is completed, the Police Department will have a modern day CAD/RMS such as the ability to provide officer safety premises history, officer safety time prompts for dispatchers, deep field submission of all police reports, and getting vehicle and person information directly from state computer files without utilizing the police dispatchers. (-Environmental Review Financial Statement There will be no impact on the FY2000/01 budget. The local match will be funded with $15,379.00 in asset seizure funds. Account No. STAFF RECOMMENDATION Approve the Resolution. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Resolution No. 2000-133 LLEBG Application and Award Notification. A-200 (9/80) RESOLUTION NO. 2000 —133 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE UNITED STATES DEPARTMENT OF JUSTICE LOCAL LAW ENFORCEMENT BLOCK GRANT WHEREAS, on September 15, 2000, the National City Police Department applied for a Local Law Enforcement Block Grant through the United States Department of Justice; and WHEREAS, said application was accepted and the Police Department was awarded $136,411.00 with a match from the City of $15,379.00; and WHEREAS, it is now necessary to formally accept the grant award. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby accept the United States Department of Justice Local Law Enforcement Block Grant award in the amount of $136,411.00. PASSED and ADOPTED this 24* day of October, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: City Attorney Local Law Enforcement Block Grant - LLEBG Introduction Page 1 of 1 Application Award Grant Handbook View Only View Application Help/Frequently Asked Questions LLEBG Home Log -Off FY 2000 Local Law Enforcement Block Grants Program National City, CA RFD Grant Changes Reports Correspondence Application was submitted on 15-SEP-00. Click here to print a copy. LLEBG FY 2000 Application Date Certified : 15-SEP-00 'Date Submitted : 15-SEP-00 Jurisdiction Information Jurisdisctlon: National City County: SAN DIEGO State: CALIFORNIA CDFA Number: 16.592 Budget Information Eligible Award Amount: $153,790 Final Award Amount: $138,411 Match Amount $15,379 Matching Funds Description: State and Local Government Units CEO Information Title: City Manager Name Prefix: Mr. Last Name : McCabe First Name : Tom Address: 1243 National City Boulevard National City, California, CA 91950-4397 Telephone: (619)336- 4240 Fax: (619) 336-4327 Email: cmo@cLnational- city.caus Program Contact Information Title: Lieutenant Name Prefix: Mr. Last Name : Men First Name : Raymond Address: 1200 National Cily Boulevard National City, CA 91950-4397 Telephone: 619-336- 4514 Fax: 619- 336-4525 Email: rayallen 92019@yahoo.can Application Details Date Agreed to Trust Fund Requirement: 30-AUG-00 Applicant is PSOHB Compliant No Date Agreed to SPOC Requirement 30-AUG-00 Date Agreed to SAA Review Requirement: 15-SEP-00 Date Agreed to Certifications: 15-SEP-00 Date Agreed to Assurances: 15-SEP-00 https://grants.ojp.usdoj.gov:8004/gms_user/plsgl/llebg_maimapp read_only?p_bgid=2 10/12/00 LLEBG Correspondence Handbook Page 1 of 1 FY 2000 Local Law Enforcement Block Grants Program National City, CA Application Award RFD Grant Changes Reports Correspondence Application Handbook New Mail Old Mail Sent Mail Send an Email Help/Frequently Asked Questions LLEBG Home Log -Off Message Created: 29-SEP-00 From: ojp@ojp.usdoj.gov CC: Subject: Award Approval Notification. Message: Congratulations! Your Award for the FY 2000 Local Law Enforcement Grants (LLEBG) Program has been approved by the Bureau of Justice Assistance (BJA). You have 45 calendar days from the date on your Award to review anc this Award. All Awards not accepted within this 45 day period will be deobligated and funds will be redistributed among FY 2001 eligible apt during the next LLEBG funding cycle. To accept your award, go to https://grants.ojp.usdoj.gov:8003/gmslplsgl/Ilebg_login.11ebg main and using your user id and password. You have 90 calendar days from the date on your Award to submit yor. Request for Drawdown. Any funds not drawdown within this 90 day per be deobligated and funds will be redistributed among FY 2001 eligible applicants during the next LLEBG funding cycle. Again, please do not reply directly to this message as your reply will tic us. https://grants.ojp.usdoj.gov:80041gms_user/.../llebg app.show_mail?p_note=20817&p_bgid= 10/12/00 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT OCTOBER .24, 2000 AGENDA ITEM NO. 5 (-ITEM TITLE CONTRACT TO ON NATIONAL PREPARED BY EXPLANATION RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY AWARDING A T&M ELECTRIC, INC. FOR THE TRAFFIC SIGNAL INTERCONNECT PROJECT CITY BOULEVARD/PLAZA BOULEVARD, SPEC. NO. 97-6 Din Daneshfar DEPARTMENT See attached Report Public Works/Engineerin�T Environmental Review X N/A Financial Statement $553,884.00. The funds grant and available thr cost to do the Additiv hrough Account No. STAFF RECOMMENDAT Adopt the Reso complete the Base :id and Addi Interconnect project on National The total project cost to do the Base Bid work will be are a Federal Congestion Mitigation/Air Quality gh Account No. 313-409-500-598-6555. The total available w BOARD / COMMISSION RECOMMENDATION N/A T�k Op. will be $31, 440 . 00 . A'. , 8-8019. ) r•ng a contract to T&M Electric, Inc. To ive Bid work for the Traffic Signal ity Blvd./Plaza Boulevard. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Bid Opening Information Sheet 3. Bid Results Spreedsheet for the Resolution No. 2000-134 three bidders. A-200 (9/80) T&M RE: RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY AWARDING A CONTRACT TO T&M ELECTRIC INC. FOR THE TRAFFIC SIGNAL INTERCONNECT PROJECT ON NATIONAL CITY BLVD/PLAZA BLVD, SPECIFICATION NO. 97-6 On September 27, 2000, three bids were received and opened for the Traffic Signal Interconnect Project on National City Boulevard/Plaza Boulevard, Specification No. 97- 6. The project consists of a Base Bid and an Additive Bid. The Base Bid includes installation of 25,000 linear feet of 2-inch PVC conduit (trenched), 1,000 linear feet 2-inch PVC conduit (bored) 26,000 linear feet of fiber optic cable, 52 pull boxes, 264 fusion splices, 25 fiber optic data link modems, 17 splice closures and other related work. The Base Bid will install the hardware necessary to coordinate the traffic signals on National City Boulevard and Plaza Boulevard. Traffic flow on these Streets will be improved as a result of this project. All traffic signals within National City will eventually be interconnected and connected to the City Hall. This is the first phase of a multiphase project. The Additive Bid includes installation of 1,000 linear feet of 3-inch PVC conduit, 4,500 linear feet of fiber optic cable, and other related work. The Additive Bid required by CMO (MIS Division) connects the Public Works facility to the City Hall facility via fiber optic cable. There will be annual savings as some communication services provided by Pacific Bell can be discontinued. This Additive Bid is budgeted as a Capital Improvement project. The contract documents specify that the work to be awarded to the lowest responsive bidder based on the Base Bid work. The Additive Bid work should be included based upon the available funding. Staff has reviewed the bid documents and found the lowest responsive bidder, T&M Electric Inc. qualified to perform the entire work. T&M Electric Inc. is also the lowest bidder to perform the Additive Bid work. The total cost for the Base Bid work is estimated at $553,884.00. This amount includes the proposed lowest Base Bid amount ($473,224.00) plus approximately 5% ($23,660.00) for material testing services and plus approximately 12% ($57,000.00) for contingencies. The Additive Bid work is estimated at $31,440.00. This amount includes the proposed lowest Additive Bid amount ($26,200.00) plus approximately 5% ($1,310.00) for material testing services and plus approximately 15% ($3,930.00) for contingencies. The Bid Opening Information Sheet is attached for further review. RESOLUTION NO. 2000 —134 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO T&M ELECTRIC, INC. FOR THE TRAFFIC SIGNAL INTERCONNECT PROJECT ON NATIONAL CITY BOULEVARD/PLAZA BOULEVARD (Engineering Spec. 97-6) WHEREAS, the Engineering Department of the City of National City did, in open session on September 27, 2000, publicly open, examine and declare all sealed bids for the Traffic Signal Interconnect Project on National City Boulevard/Plaza Boulevard. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of National City hereby awards the contract for the Traffic Signal Interconnect on National City Boulevard/Plaza Boulevard to the lowest responsive, responsible bidder, to wit: T&M ELECTRIC, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract between T&M Electric, Inc. and the City of National City for the Traffic Signal Interconnect Project on National City Boulevard /Plaza Boulevard. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED the 24th day of October, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: g. �aat George H. Efser, III City Attorney BID OPENING SPECIFICATION NUMBER: 97-6 PROJECT TITLE: TRAFFIC SIGNAL INTERCONNECT ON NATIONAL CITY BLVD./ PLAZA BOULEVARD OPENING DATE: WEDNESDAY, SEPTEMBER 27, 2000 TIME: 3:00 P.M. ESTIMATE: $490,000 FOR BASE BID AND $25,000 FOR THE ADDITIVE BID PROJECT ENGINEER: DIN DANESHFAR NO. BIDDER'S NAME (PAGE 13 OR 14) BID AMOUNT (PAGE 15) ADDITIVE BID (PAGE ) ADDENDA (PAGE 13) BID SECURITY (PAGE 28-CHECK) (PAGE 29-BOND) 1. T&M ELECTRIC, INC. DBA PERRY ELECT. $473,224.00 $26,200.00 OK BOND 2. DBX, INC. $660,600.00 $39,000.00 OK BOND 3. LEKOS, INC. $737,792.49 $48,415.00 OK BOND 1. T&M Electric Inc. dba Perry Electric P.O. Box 1128 El Cajon, CA 92022 2. DBX, Inc. 42066 Avenida Alvarado, Suite C Temecula, CA 92590 3. Lekos Electric, Inc. 1370 Pioneer Way El Cajon, CA 92020 DD:bo Bid Summary Traffic Signal Interconnect Specification No: 97-6 U El • U • U Item Electrical Conduit (2")(PVC)-Trenched Pull Box (No.6) Splice Pit Fiber Optic Cable (36 Fibers in 6 Buffer Tubes) Fiber Optic Cable (6 Fiber Breakout QTY 25,000 52 LF EA 9 EA Cable w/fan out kit installed) Fusion Splicing 26,000 LF BASE BID l&Ql�C it 44 EA $ 10.50 $ 300.00 $ 1,000.00 3.60 $ 160.00 $ 262,500.00 264 EA Fiber Optic Data Link Modem W/C2 Cable and Connector 10 Fiber Optic Data Link Modem (Racked Mounted) 25 EA 4 EA Rack Assembly for Data Link Modems, (plus 36 Fiber Splices) Splice Closure in Pull Box (No. 6) Splice Closure in Splice Pit $ 31.00 $ 1,100.00 1 EA 17 LS 6 EA $ 15,600.00 $ 9,000.00 $ 93,600.00 $ 900.00 $ 7,040.00 $ 8,184.00 $ 27,500.00 $ 3,400.00 $ 600.00 $ 600.00 $ 3,600.00 Construction Traffic Control Signal Modification at Plaza/Paradise 2" PVC Electrical Conduit -Bored 1 LS 1 1000 LS LF $ 9,000.00 $ 4,000.00 $ 3,400.00 $ 16.00 Bid Amount $ 10,200.00 $ 3,600.00 $ 9,000.00 $ 4,000.00 $ 16,000.00 $ 473,224.00 Electrical Conduit (3")(PVC) Splice Pit 1000 1 LF EA Fiber Optic Cable (36 Fibers in 6 Buffer Tubs) Construction traffic Control 4500 LF $ 8.00 $ 1,000.00 3.60 $ 8,000.00 $ 1,000.00 $ 16,200.00 1 LS $ 1,000.00 Bid Amoun $ 1,000.00 $ 26,200.00 Total Bid Amount $ 499,424.00 )_ekos 18.92 $ 150.00 $ 2,000.00 4.87 $ 473,000.00 $ 198.39 $ 7,800.00 $ 18,000.00 $ 126,620.00 37.93 $ 1,348.119 $ 1,120.60 $ 10,013.52 $ 23 $ 3,922.00 $ 392.21 $ 4,482.40 $ 1,392.21 $ 10,000.00 $ 4,500.00 $ 3,922.00 22.00 $ 22.00 $ 6,667.57 $ 8,353.26 $ 10,000.00 $ 4,500.00 $ 2,000.00 4.87 $ 22,000.00 $ 73.77896 $6 $ 2,500.00 $ 22,000.00 $ 2,000.00 $ 21,915.00 $ 2,500.00 $ 48,415.00 3117oy ,7C 737,7�j2.'f ? 786, 20710 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 24, 2000 AGENDA ITEM NO. 6 (-ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH A RED "NO PARKING" ZONE BETWEEN THE DRIVEWAYS SERVING 2825 "J" AVENUE AND 2837 "J" AVENUE (J. STRUIKSMA, TSC ITEM NO. 2000-18) PREPARED BY Adam J. Landa DEPARTMENT Engineering EXPLANATION Mr. John Struiksma, the owner of the property at 2825 "J" Avenue, has requested the installation of a red curb "no parking" zone between his driveway and his neighbor's driveway to the south (2837 "J" Avenue). According to Mr. Struiksma, parked vehicles are encroaching into his driveway thereby not allowing ingress and egress for his property. The Traffic Safety Committee approved the red "No Parking" zone between 2825 "J" Avenue and 2837 "J" Avenue driveways at their meeting on October 11, 2000. Environmental Review X WA Financial Statement N/A Account No. STAFF RECOMMENDATION Adopt the Resoluti BOARD I COMMISSION RECOMMENDATION The Traffic Safety Committee at its meeting of October 11, 2000 approved the "No Parking" zone between the driveways serving 2825 "J" II IT ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. 2000-135 A-2020180) RESOLUTION NO. 2000 — 135 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH A RED "NO PARKING" ZONE BETWEEN THE DRIVEWAYS SERVING 2825 "J" AVENUE AND 2837 "J" AVENUE (J. Struiksma, TSC Item No. 2000-18) WHEREAS, John Struiksma, the owner of 2825 "J" Avenue, has requested the installation of a red curb "No Parking" zone between his driveway and the driveway at 2837 "J" Avenue; and WHEREAS, parked vehicles are encroaching into both driveways thereby not allowing ingress and egress to the properties; and WHEREAS, at its meeting on October 11, 2000, the Traffic Safety Committee approved installation of the "No Parking" zones between the driveways serving 2825 "J" Avenue and 2837 "J" Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to establish a red "No Parking" zone between the driveways serving 2825 "J" Avenue and 2837 "J" Avenue PASSED and ADOPTED this 24th day of October, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR OCTOBER 11, 2000 ITEM TITLE: REQUEST FOR INSTALLATION OF RED CURB "NO PARKING" ZONE BETWEEN THE DRIVEWAYS SERVING 2825 "J" AVENUE AND 2837 "J" AVENUE. (BY: J. STRUIKSMA, TEL. NO. 477-8345 PREPARED BY: Adam J. Landa, Engineering Department DISCUSSION: Mr. John Struiksma, the owner of the property at 2825 "J" Avenue, has requested the instailation of a red curb "no parking" zone between his driveway and his neighbor's driveway to the south (2837 "J" Avenue). According to Mr. Struiksma, parked vehicles are encroaching into his driveway thereby not allowing ingress and egress for his property. Staff has investigated the site and found that there is 16.5' between the two driveways. Standard parking spaces are 18' to 20' long. STAFF RECOMMENDATION: We recommend the installation of a red "No Parking" zone between the driveways serving 2825 "J" Avenue and 2837 "J" Avenue. EXHIBITS: 1. Letters 2. Location Map 2000-18 471g d ljtf cy 1' 28th I -I 30th L► Cal rr MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT October 24, 2000 AGENDA ITEM NO. 7 (-ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH A "NO\ PARKING" FIRE LANE IN THE 400 BLOCK OF LANTANA DRIVE (FIRE DEPT. TSC ITEM NO. 2000-17) PREPARED BY Adam J. Landa DEPARTMENT Engineering EXPLANATION The Fire Department has requested "No Parking Fire Lane" signs be installed in the 400 block of Lantana Drive. Lantana Drive is 22 feet wide. When there is a vehicle parked on Lantana Drive the unobstructed width is reduced to approximately 14 feet. According to the Fire Department emergency vehicles require a width of 20 feet for access. The Traffic Safety Committee approved the "No Parking Fire Lane" in the 400 block of Lantana Drive at their meeting on October 11, 2000. Environmental Review Financial Statement N/A STAFF RECOMMENDATION Adopt the Resolution N/A BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee Account No. meeting of October 11, 2000 approved the "No Parking Fire Lane" in the 400 block of Lantana Drive. at its ATTACHMENTS ( Listed Below ) 1. Resolution \ 2. Staff Report to the Traffic Safety Committee Resolution No. 2000-136 A-202.f 9/80) RESOLUTION NO. 2000 — 136 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH A "NO PARKING FIRE LANE" IN THE 400 BLOCK OF LANTANA DRIVE (Fire Department, TSC Item No. 2000-17) WHEREAS, the Fire Department has requested "No Parking Fire Lane" signs be installed in the 400 block of Lantana Drive to allow emergency vehicles access at all times; and WHEREAS, at its meeting on October 11, 2000, the Traffic Safety Committee approved the "No Parking Fire Lane" in the 400 block of Lantana Drive. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to establish a "No Parking Fire Lane" in the 400 block of Lantana Drive. PASSED and ADOPTED this 24th day of October, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: City Attorney 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR OCTOBER 11, 2000 ITEM TITLE: REQUEST FOR "NO PARKING FIRE LANE" SIGNS IN THE 400 BLOCK OF LANTANA DRIVE (BY NATIONAL CITY FIRE DEPARTMENT) PREPARED BY: Adam J. Landa, Engineering Department DISCUSSION: Fire Department has requested "No Parking Fire Lane" signs be installed in the 400 block of Lantana Drive. Lantana Drive is 22 feet wide. When there is a vehicle parked on Lantana Drive the unobstructed width is reduced to approximately 14 feet. According to the Fire, Department emergency vehicles require a width of 20 feet for access. STAFF RECOMMENDATION: Staff recommends installation of "No Parking Fire Lane" signs in the 400 block of Lantana Drive. EXHIBITS: 1. Letters 2. Location Map 2000-17 DATE: TO: FROM: CITY OF NATIONAL CITY FIRE DEPARTMENT MEMORANDUM September 14, 2000 Steve Kirkpatrick, Principal Engineer Donald Condon, Battalion Chief GITY OF NATI0WkL G1TY ENGINEERING DEPT. RECEIVED Date Ctt SUBJECT: Fire Apparatus Access — Fire Lane The National City Fire Department is requesting that Lantana be posted, "No Parking Fire Lane." Lantana has a width of 22 feet unobstructed. With a vehicle parked on Lantana the unobstructed width drops to 14 feet. California Fire Code 901.4.2 Fire Apparatus access roads. Approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both. California Fire Code 902.2.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. National City Municipal Code Section 11.32.380 Parking or obstruction of fire lane prohibited — Towing authorized. No vehicle shall be parked or obstruction maintained within a fire lane as defined in the Uniform Fire Code as adopted by this code. No owner or person in lawful possession or control of a fire lane shall allow the parking of a vehicle or maintenance of an obstruction to a fire lane as described herein. Any vehicle or obstruction which violates this section may be removed by city employees or a designated representative of the city. Vehicles shall only be removed as provided in the California Vehicle Code. (Ord. 1774, 1982) California Fire Code and the Uniform Fire Code are one in the same. If you have any questions please feel free to contact me. (NATIONAL 3RD SITE E 4TH ST . - 5TH LO CA TT ON A P T LJ City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October•.24, 2000 8 AGENDA ITEM NO. ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Randall Funding & Development, LLC to raise a minimum of $500,000 in new grant funds for the City. PREPARED BY DEPARTMENT Park Morse, ACM 01k, City Manager EXPLANATION. See attached report. Environmental Review x N/A Financial Statement Account No 001-403-000-213 STAFF RECOMMENDATION Approve the Agreement BOARD/COMMISSION RECOMMENDATION N/A TT: CHMENTS (Listed Below) Resolution Agreement June 6, 2000, Supplemental Budget Item Resolution No. 2000-137 A-200 (Rev. 9/80) Staff Report At the Budget Workshop for this year's budget, the City Council approved a Supplemental Budget item to fund a grant writing effort through a consultant. This item came about as a result of Council direction over the past year to seek grant -writing services. The Supplemental item indicated we had researched and identified a consulting company, which was performing the same service for a number of other cities. Contractual negotiations have now been completed and before you this evening is Staffs recommendation that Randall Funding and Development, LLC, of San Rafael, California, be retained for this purpose. An Agreement is provided, as is the original Supplemental Budget item for your reference. The terms of the Agreement are as mentioned in the attached Supplemental Budget item, with two exceptions: (1) the original company has since been reconstituted under new ownership and what was described to you as Griffin Grant Writing and Consulting is now the successor firm, Randall Funding and Development, LLC, and; (2) the $50,000 retainer was originally mentioned as refundable in certain situations. The new company has changed its business plan and no longer offers this option. All other aspects described in the Supplemental Budget item remain unchanged, however, you may wish to refresh yourselves on the specifics involved. You will recall that your budget authorization appropriated $25,000 from General Fund with the understanding that CDC would contribute the remaining $25,000. CDC has been involved in the process and is ready to share in the costs of this program. It is important for success of the program that all departments run all grant writing and development through the selected company. Accordingly, the adopting resolution memorializes this intent for all City departments and the Community Development Commission and gives the City Manager the authority to accommodate exceptions on a case -by -case basis. Should this Agreement be approved, the company will immediately begin meetings with departments to identify needs and attempt to match grant opportunities to those needs. RESOLUTION NO. 2000 —137 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH RANDALL FUNDING & DEVELOPMENT, LLC TO RAISE A MINIMUM OF $500,000 IN NEW GRANT FUNDS FOR THE CITY WHEREAS, the City desires to employ a contractor to raise a minimum of $500,000 in new grant funds for the City; and WHEREAS, the City has determined that Randall Funding &. Development, LLC provides grant research and writing services and is qualified by experience and ability to perform the services desired by the City, and is willing to perform such services; and WHEREAS, it is a more efficient business practice to require all grant writing and development occur through a single company; and WHEREAS, it is the intent of the City Council that all departments of City government shall utilize Randall Funding and Development for all grant writing services except where the City Manager approves an alternative approach; and WHEREAS, it is the further intent of the City that the City Manager shall communicate with the Community Development Commission of the City of National City to encourage its utilization of this resource and to jointly participate in the development of grants whenever feasible. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Randall Funding & Development, LLC to raise a minimum of $500,000 in new grant funds for the City. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 24th day of October, 2000. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney George H. Waters, Mayor City of National City City Manager's Office TO: Mayor & Councilmembers Date: June 6, 2000 Rar,kgrnt tnrt FR: Park Over the last several years, the City Council has expressed a desire to secure additional grant monies for the City. In the current fiscal year, the City Council authorized the creation of a grant writer classification assigned to the City Manager's Cffice. Over the last year we have attempted to determine just how much grant money, if any, may be passing by our doorstep. This has proven to be a complex if not impossible task to develop credible information on which either you or we can rely. Grant writers are not common in California local governments. They are more common in educational intuitions and they were in some cities years ago. Since our severe budget cutbacks of the early 1990's, many of our operating departments have developed their own expertise at securing grants. The Library and Police departments are examples of these ongoing successes. Given this heightened capability that has already been developed, it is at least somewhat questionable how much does, in fact, pass us by. Analysis The good news in grants is that foundation money is now more available to us. The "difficult" news is that much of the foundation and government grant monies now either require local "hard match" (usually dollars) and/or extensive community alliances and funneling of award monies through so called Community Based Organizations. Either of these would make our work and our gain more difficult. In addition, some grants are not worth the staff time they File: budgetBackgroundFormGrantConsultant.doc Page 1 consume on the application end or, have administrative burdens that make their usefulness substantially diminished. Out of all this there is some hope. The CDC has expressed an interest in securing grant monies for: habitat restoration projects West of 1-5; economic development, and; housing. A set of Federal legislation is now moving through Congress that could provide the first shot in the arm for fire funding in many years. There is the possibility that a lack of staff time to write the grant applications or a lack of awareness of availability keeps us from competing for some available funds. It is difficult to justify the permanent addition to the City service of a position designated to write grants. The recruitment of such a person, with knowledge, may be problematical. After a recent survey of cities as to their grant practices we became aware of a Bay Area based company, which provides grant writing services essentially on a fee plus commission basis. They have made a proposal to us that contains the following: With a contract term of two years and an up -front fee of $50,000 for that term, the company will guarantee the City of National City actually secures at least $500,000 in new grant monies. The City has to authorize the company to search for at least $3,000,000 in grants and we agree to pay a commission of 8% for every dollar above the $500,000 on which they deliver, up to the $3,000,000 authorization. The use of a consultant, whose business is already geared to grant writing should give us an opportunity to hit the ground running and to evaluate the funding sources that may be out there. The downside risk to this approach appears to be the $50,000 retainer fee and the 8% commission ($200,000) on the grant dollars generated between the $500,000 guarantee and the $3,000,000 authorization for a combined total of $250,000 plus certain copy and other expenses. We are cautious about this experiment and do have reservations as to the potential productivity and cost but, should the City Council wish to move forward, at least it is with our eyes open and prepared. Specifically, our reservations include: 1. Consultant cost 2. That the company not identify grant services that the City is already using unless we specifically agree 3. That the match requirements don't end up requiring high levels of unanticipated General Fund spending 4. That any required alliances with Community Based Organizations are worthwhile and in our business interests File: budgetBackgroundFormGrantConsultant.doc Page 2 5. That the grants actually secured really help fulfill Council goals and our delivery of public services Recommendations Should the City Council wish to move forward, the City Manager's Office should: 1. Review this proposal with the CDC Executive Director and the Transit Director for both interest and shared funding. (Neither has seen the complete proposal from the consultant.) 2. Select a consultant and if viable, negotiate an agreement 3. Return to City Council with said agreement and the City Council should: 4. Appropriate $50,000 from undesignated fund balance for the 2-year consultant retainer or, Share the estimated costs with the CDC and appropriate only half of the resources ($25,000) from undesignated fund balance in the General Fund. 5. Be ready to appropriate additional sums for commissions on grants secured during the term of the agreement. File: budgetBackgroundFormGrantConsultant.doc Page 3 AGREEMENT BY AND BETWEEN '1'Hr, CITY OF NATIONAL CITY AND RANDALL FUNDING & DEVELOPMENT, LLC THIS AGREEMENT is entered into this day of 2000 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and RANDALL FUNDING & DEVELOPMENT, LLC (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to raise a minimum of $500,000 in new grant funds for the CITY. WHEREAS, the CITY has determined that the CONTRACTOR provides grant research and writing services 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." 3. PROJECT COORDINATION AND SUPERVISION. The Assistant City Manager 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. Daniel J. Randall, Managing Partner, thereby is designated for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. A. RETAINER. CITY shall pay CONTRACTOR a retainter of $50,000 upon execution of this Agreement towards CONTRACTOR'S services described herein. The payment of this Retainer shall be made upon execution of this Agreement. Subject to CITY having given CONTRACTOR a "Reasonable Opportunity," and if Contractor is not successful in attaining a minimum of $500,000 in CITY approved grant funding for CITY, CONTRACTOR shall continue to provide grant research and writing services until the $500,000 Guarantee amount is attained. Should CITY fail to give CONTRACTOR a "Reasonable Opportunity" CONTRACTOR shall be entitled to fees based on a rate of $180/hour of work performed and documented, not to exceed the $50,000 mentioned in the above paragraph 4A. This shall not. preclude CONTRACTOR'S rights to "Incentive Structure" for grant(s) pending as defined in Section 4C. CONTRACTOR shall maintain a record of time expended including the activities undertaken and the actual grants solicited on CITY'S behalf. CITY shall have the right, upon reasonable advance notice of five (5) days, to inspect Contractor's time logs, and records. B. COSTS AND EXPENSES. CONTRACTOR will draft, copy and mail all proposals and solicitations. CITY will pay all copying, faxing and mailing costs associated with CONTRACTOR'S applications in addition to the remuneration described in Section 4A above. These expenses shall be billed at CONTRACTOR'S actual cost, including copies produced at $0.07/page, postage at U.S. Postal rate, overnight delivery at Fed Ex/UPS rates and courier services at the billed rate. CONTRACTOR shall invoice such costs to CITY on the first of each month subject to thirty (30) day net from the date of the invoice. The total costs provided in Section 4B shall not exceed $5,000. CONTRACTOR shall be responsible for all other costs and expenses associated with activities, applications and/or solicitations undertaken pursuant to this Agreement. Such costs include, but are not limited to, all costs of equipment provided by CONTRACTOR, communications costs, all professional fees, licenses, taxes required of CONTRACTOR, and any other costs of doing business. CONTRACTOR shall retain the right to use telecommunication tools and instruments to complete tasks under this Agreement. These means include, but are not limited to, electronic teleconferencing, conference calls, electronic data transfer and other modalities considered standard business practice. C. INCENTIVE STRUCTURE. If CONTRACTOR'S services under this Agreement result in CITY receiving grant awards in excess of $500,000, CONTRACTOR shall receive an incentive payment of 8% of all such funding that CITY receives above $500,000. Upon notification of funding approval by the granting agency incentive payment shall be due within thirty (30) days of receipt of invoice. Both CITY and CONTRACTOR understand and acknowledge that any grant funds CITY receives cannot and will not be used to pay CONTRACTOR any fees or other amounts under this Agreement. CITY shall make such incentive payment(s) to CONTRACTOR, subject to the 101800GrantConsultantAgrmt. doc 2 termination provisions of Section XII of this Agreement, for all funding for which CONTRACTOR has made application and which are still pending upon termination hereof and which thereafter result in such funding approvals in excess of $500,000. 5. LENGTH OF AGREEMENT. This Agreement shall be for a period of twenty-four (24) months or until terminated in accordance with this Agreement. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS: All Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall become the property of the CITY, and shall be delivered to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. CONTRACTOR will return all copies of materials borrowed or reproduced hereunder. CONTRACTOR agrees that all materials, data or information obtained from CITY in performing this Agreement shall at all times remain CITY'S property. CITY agrees that all materials, data and information produced or used in the execution of services associated within this Agreement may be reproduced or used outside this Agreement, for any reason, without prior written consent of CITY. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. The CONTRACTOR is not an employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, 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. 101800GrantConsultantAgrmt. doc 3 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, 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 10 18 00GrantConsultantAg rmt. doc 4 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. 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' 101800GrantConsultantAgrmt. doc 5 compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the CONTRACTOR's performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the CITY and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 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 thyoughout the term of this agreement, the following insurance policies: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. 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. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by 101800GrantConsultantAgrmt.doc 6 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 not be considered in determining the amount of the judgement or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. CONTRACTOR shall have the right and opportunity to cure any such material breach within a ten (10) day period. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. 101800GrantConsultantAgrmt. doc 7 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. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. Notwithstanding termination of this Agreement for CONTRACTOR'S default, Incentive Fees shall be paid to CONTRACTOR for CITY authorized applications that CONTRACTOR has already submitted by CONTRACTOR to granting agency, provided CONTRACTOR proves that no default is related in any way to said pending application. F. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 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: To the CONTRACTOR: Tom G. McCabe City Manager City of National City 1243 National City Boulevard National City, CA 91950 Daniel J. Randall Managing Partner Randall Funding & Development, LLC 824 E Street San Rafael, CA 94901 101800GrantConsultantAgrmt.doc 8 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 the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. 0' 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 101800GrantConsultantAgrmt.doe 9 upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 101800GrantConsultantAgrmt. doc 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY RANDALL FUNDING & DEVELOPMENT, LLC (Two signatures required) By: By: George H. Waters, Mayor Daniel J. Randall, Managing Partner APPROVED AS TO FORM: By: George H. Eiser, III City Attorney Don Duncan, General Partner 101800GrantConsultantAgrmt. doc 11 1 Exhibit A 2 3 4 I. Objective 5 6 A. The objective of this Agreement is for CONTRACTOR to raise a 7 minimum of $500,000 in new grant funds for the CITY. In the event the 8 Guarantee amount is not secured by CONTRACTOR for CITY within the 9 twenty-four (24) month term of this Agreement, CONTRACTOR will 10 continue to perform the services described under this Agreement until the 11 $500,000 Guarantee amount is raised. 12 13 B. Both parties understand and agree the Guarantee, as defmed in Section V 14 "Guarantee and Definitions," is subject to CITY meeting its obligations as 15 defmed in this Agreement. 16 17 C. Both parties agree that the professional services to be provided in this 18 Agreement shall be directed to one or more of the following priority areas 19 (hereinafter, collectively, the "priority areas"): 20 21 1. Criminal Justice Technology and Programs; 22 2. Other Technology; 23 3. Housing and Housing Programs; 24 4. Transportation; 25 5. Infrastructure; 26 6. Environment; 27 7. Economic Development; 28 8. Libraries; and 29 9. Other areas/departments, as mutually agreed upon by both parties. 30 31 D. Both parties agree that the "Scope of Services" as defined in Section III 32 and Section VIII, entitled "Obligations of CITY" are imperative and shall 33 be used to meet the objective set forth in Section I.A. 34 35 E. Both parties agree that the objective set forth in this Agreement is time 36 sensitive and is subject to both parties meeting all obligations set forth in 37 this Agreement. 38 39 F. CITY agrees that meeting the objective is subject to providing 40 CONTRACTOR a "Reasonable Opportunity" as defined in Section IV. 41 1 101800GrantConsultantExbA.doc 1 2 II. Description of Work 3 4 A. CITY hereby engages CONTRACTOR, and CONTRACTOR accepts 5 such engagement, to perform the services set forth in the "Scope of 6 Services" in Section III below. CONTRACTOR shall perform and 7 complete, in a manner satisfactory to CITY, all work and services 8 described herein. CITY Representative, or the Representative's designee, 9 shall have the right to review and inspect the work during the course of its 10 performance at such times as may be specified by the Representative. 11 12 III. Scope of Services 13 14 A. General Description 15 16 CONTRACTOR agrees to provide general grant writing services to make 17 and submit complete grant applications on CITY's behalf. 18 CONTRACTOR agrees to provide any and all services required to 19 effectively achieve the objective of this Agreement. Any work conducted 20 outside the scope of this Agreement is subject to additional fees and no 21 such additional work shall be undertaken except pursuant to an 22 amendment to this Agreement signed by both parties. 23 24 B. Research & Grants Alert 25 26 CONTRACTOR will research potential funding sources for CITY to 27 identify potential grant funds for CITY. CONTRACTOR shall advise the 28 CITY of potential funding sources via a "Federal Grants Alert." 29 30 C. Research, Assessment and Funding Plan 31 32 1. Within thirty (30) days before or after execution of this 33 Agreement, CONTRACTOR agrees to facilitate and conduct an 34 assessment meeting for the priority areas. 35 36 2. Within forty-five (45) days of the assessment meeting or within 37 forty-five (45) days of the execution of this agreement, whichever 38 comes later, CONTRACTOR agrees to generate and provide CITY 39 an "initial" report of potential funding sources for specified 40 projects within the priority areas. 41 42 3. CITY agrees to discuss this "initial" report to determine the most 43 efficacious funding sources for each specified project and priority 44 area. 45 2 101800GrantConsultantExbA.doc 1 4. CONTRACTOR agrees to cull out those sources that are deemed 2 not efficacious. CONTRACTOR shall then generate and deliver a 3 final report listing funding sources mutually agreed upon. Such 4 final report shall be considered for grant application authorization 5 for the duration of this Agreement, subject to the availability of, 6 and appropriations to, each source identified in the fmal report. 7 CONTRACTOR agrees to deliver the fmal report within ten (10) 8 working days of the discussion provided for in Section III.C.3. 9 10 5. CITY agrees to provide CONTRACTOR access to its staff for the 11 Assessment meeting described above. CITY's failure to provide 12 this access may cause delays, resulting in delay in completing the 13 resulting Funding Plan. 14 15 D. Grants Alert 16 17 1. Both parties understand and agree that other funding sources not 18 set forth in the final report may be identified or become available. 19 20 2. CONTRACTOR agrees to conduct continued research during the 21 term of this Agreement and to compile a report of grant funding 22 sources as they become available or are announced. 23 24 3. CONTRACTOR agrees to provide this information weekly to 25 CITY in the "Federal Grants Alert." 26 27 4. CITY agrees to review and contact CONTRACTOR if any sources 28 listed in the "Federal Grants Alert" address any of the priority 29 areas. 30 31 5. CITY must elect to receive the "Federal Grants Alert" via 32 facsimile transmission or electronic mail. One copy of said alert 33 shall be furnished to CITY'S representative each week. 34 35 E. Information Provision 36 37 1. As soon as possible, and in all cases prior to CITY'S authorization 38 to prepare an application for funding, CONTRACTOR shall notify 39 CITY whether, and the amount of, any matching funds which may 40 or shall be required from CITY in order to qualify for award of 41 funding. 42 43 2. The parties shall discuss the potential funding sources and identify 44 45 sources of particular interest to CITY. 3 101800GrantConsultantExbA.doc 1 3. CONTRACTOR shall have first opportunity to write the grant 2 applications for all sources identified to CITY by CONTRACTOR 3 based on the Funding Reports and "Federal Grants Alert," except 4 where those sources have been utilized by the City in the last 5 twenty-four (24) months. 6 7 4. Upon written request by CITY, CONTRACTOR shall provide it a 8 copy of the Request for Proposal ("RFP") for each funding source 9 specified by CITY, such copy to be provided within five (5) 10 working days of said request and subject to the availability of the 11 RFP. 12 13 F. Conditions of RFPs 14 15 1. CITY understands that the RFPs contain all conditions, 16 regulations, and requirements associated with the grant for use of 17 any funds awarded by the funding source. CITY accepts 18 responsibility for understanding the terms and conditions and for 19 complying with said terms and conditions. 20 21 2. CITY shall review the requested RFPs within five (5) working 22 days, or by a time mutually agreed upon by both parties, from the 23 date of the CITY's receipt of RFPs. 24 25 G. Authorization of Proposals Identified 26 27 1. Following CITY's review, and before CONTRACTOR prepares 28 any application, CITY shall authorize CONTRACTOR in writing 29 to prepare and submit such application. CITY reserves the right to 30 review and approve or disapprove any application that 31 CONTRACTOR prepares. CITY shall not unreasonably withhold 32 approval for submission. 33 34 2. CITY's authorization to apply for $3,000,000 in potential grant 35 sources under this clause shall be constitute CITY's fulfillment of 36 its obligation to provide CONTRACTOR a "Reasonable 37 Opportunity" as defined in Section IV. 38 39 H. Program Design for Authorized Proposals 40 41 1. For any application authorized to be prepared by CONTRACTOR, 42 CONTRACTOR shall meet with the CITY to develop a program 43 design for the parameters of such grant application. 44 4 101800GrantConsultantExbA.doe 1 a. CONTRACTOR shall provide at this meeting a written list 2 of all information reasonably necessary to submit the 3 application. 4 5 b. CITY agrees to use its best efforts to provide 6 CONTRACTOR requested materials within seven (7) 7 working days of the program design meeting, or by a time 8 mutually agreed upon by both. 9 10 (i) Any time other than seven (7) working days 11 mutually agreed upon shall be determined during 12 this meeting, initialed by a department 13 representative at the program design meeting, and 14 returned to CONTRACTOR. 15 16 (ii) "Provision of information" or "provision of 17 requested materials" shall include, but are not 18 limited to, the reasonable provision of complete and 19 accurate disclosure of financial, programmatic or 20 other information CONTRACTOR requests to 21 complete authorized applications. 22 23 c. Where both parties agree, CONTRACTOR may pursue 24 applications with short deadlines by using teleconferencing 25 to develop program design. 26 27 (i) Upon faxed and initialed approval by CITY, 28 CONTRACTOR shall request that all requisite 29 supporting information be provided it either orally 30 or in writing. 31 32 (ii) CITY agrees to provide CONTRACTOR all such 33 requisite supporting information within seven (7) 34 working days from the date of the request or within 35 such other time mutually agreed upon by both . 36 37 d. For applications that CITY authorizes, its failure timely to 38 provide information to CONTRACTOR may subject CITY 39 to additional fees and charges as described in Section VI. 40 41 I. Grant Writing 42 43 1. CONTRACTOR shall be responsible to write grant applications 44 identified by, and in cooperation with CITY, and within the 5 101800GrantConsultantExbA.doc 1 twenty-four (24) month duration of this Agreement, to obtain at 2 least $500,000 in grant approvals allocated to the priority areas. 3 4 2. CONTRACTOR agrees to review all potential funding 5 opportunities with CITY and to receive written approval to submit 6 applications from CITY, prior to any solicitation efforts by 7 CONTRACTOR. CITY's approval to proceed shall not 8 unreasonably be withheld. As CONTRACTOR requests requisite 9 supporting information from CITY, CITY agrees to use its best 10 efforts to provide requested materials within seven (7) working 11 days, or within such other time mutually agreed upon by both. 12 13 3. CITY agrees that its failure to provide requisite supporting 14 information which creates delays may be subject to additional fees 15 and charges, as provided in Section VI. 16 17 IV. Reasonable Opportunity 18 19 A. CITY shall provide CONTRACTOR a reasonable opportunity to solicit 20 grant funding identified by CONTRACTOR in order to permit 21 CONTRACTOR to achieve the objective of this Agreement. 22 23 B. "Reasonable Opportunity" means CITY's authorization to apply for a 24 minimum of $3,000,000 in grant funding sources identified to CITY by 25 CONTRACTOR through the Funding Reports and "Federal Grants Alert" 26 and addressing the priority areas, within ten (10) months from the date of 27 execution of this Agreement. 28 29 C. The Guarantee defined in this Agreement is subject to CITY providing 30 CONTRACTOR a reasonable opportunity as defined herein. 31 32 V. Guarantee and Defmitions 33 34 A. CONTRACTOR agrees to guarantee that as a result of its services 35 hereunder CITY shall "receive" a minimum of $500,000 in "funding" for 36 the priority areas within the term of this Agreement ("the Guarantee"). 37 38 B. CONTRACTOR agrees to work in good faith and to continue to solicit 39 funding until CITY "receives" this threshold amount of "funding". 40 41 C. For purposes of this Agreement, "received" and "funding" shall include 42 notification -of -award letters, or other equivalent notifications that CITY 43 receives from funding sources solicited by CONTRACTOR pursuant to 44 this Agreement, and shall include multi -year funding awards. 45 6 101800GrantConsultantExbA.doc 1 D. In determining if the Guarantee has been attained, multi -year awards shall 2 be included in calculating funds "received," to include any and all grant 3 funding sources authorized by CITY and solicited by CONTRACTOR 4 under this Agreement. For example, a grant award of $200,000/year for a 5 two-year period shall be considered an award of $400,000, and this 6 $400,000 shall be applied toward the Guarantee and incentive amounts 7 under this Agreement. 8 9 E. Both parties agree that the Guarantee is dependent on CITY providing a 10 "Reasonable Opportunity" to CONTRACTOR. 11 12 F. CONTRACTOR guarantees that CITY shall receive $500,000 in funding 13 for the priority areas through its continued efforts, including research, 14 targeting, writing, solicitation and follow-up services until receipt of the 15 goal amount. Should CONTRACTOR fail to provide the guaranteed 16 funding within the twenty-four (24) month term of this Agreement, CITY 17 may compel CONTRACTOR to continue to research, target, write and 18 make funding applications at no additional fee until CITY receives the 19 Guarantee amount. 20 21 G. Both parties agree that, should CITY not provide the Reasonable 22 Opportunity to CONTRACTOR, CONTRACTOR, may receive a pro- 23 rated guarantee based on 10% of the dollar amount of grant applications 24 authorized by CITY during the applicable ten (10) month period. 25 26 H. If the sources for which the CITY authorizes application be made have 27 previously been funded through CITY's efforts within twelve (12) months 28 prior to the date of execution of this Agreement, only funding in excess of 29 CITY's previous award within that twelve (12) month period, shall be 30 attributed to the Guarantee. The value of previous awards shall not 31 include matching funds, but only those funds from the granting 32 agency(ies). 33 34 I. "Previous award" shall mean any funding that the CITY received from the 35 funding source during the twelve (12) months immediately prior to the 36 date of execution of this Agreement. 37 38 J. Where (i) there is a mutually -identified source, (ii) CITY successfully 39 received a previous award, and (iii) CONTRACTOR feels its efforts are 40 not likely to result in exceeding this previous award amount, 41 CONTRACTOR retains the right to refuse to solicit the source and agrees 42 to permit CITY to solicit the source outside the terms of this Agreement. 43 44 7 101800GrantConsultantExbA.doc 1 VI. Delays Caused by CITY 2 3 A. CONTRACTOR will be entitled to time and materials fees once the CITY 4 authorizes any project in writing but thereafter fails to provide 5 information in accordance with the mutually agreed timeline described in 6 Section(s) III and VIII, or if CITY stops applications subsequent to such 7 written authorization. 8 - 9 B. CONTRACTOR shall be paid time and materials fees (including any 10 outstanding expenses provided in Section 4.B, if applicable) at a rate of 11 $180/hour for all work performed for which it provides records, logs and 12 other accounting. 13 14 C. CITY accepts full and total responsibility for authorizing CONTRACTOR 15 to perform work and understands the obligations it accepts in authorizing 16 such work. 17 18 D. CITY agrees to pay any time and materials fees invoiced by 19 CONTRACTOR within thirty (30) days net from date of receipt of said 20 invoice. 21 22 E. The time and materials fees referenced above apply to individual projects 23 authorized by CITY and do not apply to termination of the entire 24 Agreement. 25 26 VII. Obligations of CONTRACTOR 27 28 A. Tools and Instruments 29 30 CONTRACTOR will supply all necessary tools and equipment associated 31 with performing its services under this Agreement. These include, but are 32 not limited to, word processing and spreadsheet software; computer, 33 printer, paper, supplies; telephone, fax machine, typewriter, modem, 34 floppy disks, research materials, and any other instruments required. 35 CITY shall as available provide all information pertinent to the 36 CONTRACTOR's performance both hard copy and computerized format 37 using appropriate P/C software formats (including Word for Windows, 38 Microsoft Access, Excel, or other mutually agreed upon formats). 39 40 B. Workers' Compensation 41 42 CONTRACTOR shall provide Workers' Compensation Insurance for its 43 own employees and agrees to defend, hold harmless, and indemnify CITY 44 for any claims including but not limited to claims arising out of injury, 45 disability, or death of any of CONTRACTOR's employees, subcontractors 8 101800GrantConsultantExbA.doc i or agents in connection with any tasks or duties in performing this 2 Agreement. 3 4 C. State and Federal Taxes 5 6 1. CONTRACTOR shall be responsible for paying all required state 7 and federal taxes and insurance. 8 9 2. CITY will not: 10 11 a. Withhold FICA; 12 b. Make state or federal unemployment insurance 13 contributions on behalf of CONTRACTOR; 14 c. Withhold state or federal income tax from 15 CONTRACTOR's payments; 16 d. Make disability insurance contributions on behalf of 17 CONTRACTOR; 18 e. Obtain Workers' Compensation Insurance on behalf of 19 CONTRACTOR. 20 21 D. Employee Benefits 22 23 CON TRACTOR is an independent CONTRACTOR with respect to the 24 CITY and none of CONTRACTOR's employees, subcontractors or agents 25 shall be entitled to any benefits typically associated with employee status, 26 such as health insurance, sick leave or vacation benefits. 27 28 E. Reporting of Activities 29 30 CONTRACTOR agrees to provide CITY monthly written reports, at 31 CITY's request, documenting all efforts undertaken that month, including 32 but not limited to grants targeted, actual grants and other funding sources 33 solicited, and grants received. 34 35 VIII Obligations of CITY 36 37 A. Cooperation of CITY Staff, Agents, Employees and Sub -Contractors 38 39 1. CITY agrees to comply with all reasonable requests of 40 CONTRACTOR and to provide access to pertinent documents 41 necessary for CONTRACTOR to provide services under this 42 Agreement. 43 44 2. Such pertinent documents include but are not limited to budget 45 information, previously written proposals, background, research 9 101800GrantConsultantExbA.doe 1 and other source documents, demographic data, and review of 2 proposal drafts. 3 4 3. CITY understands the services offered and described in this 5 Agreement are time -sensitive, and CITY will comply with all 6 CONTRACTOR's informational requests by ensuring 7 CONTRACTOR receives all reasonable requests for information 8 within the time period, as specified in this Agreement. 9 10 4. CITY agrees to meet all obligations defined throughout this 11 Agreement. 12 13 5. CITY agrees to provide CONTRACTOR the "Reasonable 14 Opportunity," as defined in Section IV. CITY agrees that failure 15 to provide a "Reasonable Opportunity," as defined in Section IV, 16 shall result in a pro -rated guarantee as provided in Section V. 17 18 6. CITY agrees that termination of this Agreement due to its failure 19 to provide CONTRACTOR the "Reasonable Opportunity," as 20 defined in Section IV, or as a result of "Delays caused by CITY" 21 as defined in Section VI, shall result in forfeiture of the Guarantee. 22 CITY agrees that termination for either of these reasons may result 23 in incentive fees as defined in Section 4.C. 24 25 B. Place of Work 26 27 CITY does not guarantee CONTRACTOR's personnel a place of work for 28 work on authorized applications. However, CITY may provide temporary 29 workspace for CONTRACTOR's personnel for work gathering pertinent 30 data for authorized applications. 31 32 IX. General Provisions 33 34 A. Severability 35 36 If a court of competent jurisdiction holds any provision of this Agreement 37 to be invalid, void or unenforceable, the remaining provisions shall 38 nevertheless continue in full force without being impaired or invalidated 39 in any way. 40 41 B. Recommendations 42 43 Both parties understand that CONTRACTOR may recommend vendors, 44 methodologies and other related matters during the course of this 45 Agreement. Both parties agree that such recommendations are based 10 101800GrantConsultantExbA.doc 1 solely on its knowledge or evaluations derived from its CONTRACTOR 2 experience. CITY accepts full responsibility for accepting or rejecting 3 such recommendations throughout the grant application and award 4 process, and shall only take such action having independently verified the 5 appropriateness of such vendors, methodologies or other matters for its 6 own needs. 7 8 C. Exclusivity 9 10 1. CONTRACTOR retains the right to provide services for others during the term of this Agreement and is not required to devote 12 services exclusively to CITY. 13 14. 2. CITY agrees not to use any other outside CONTRACTOR or 15 consultant to research, target and write grants or related funding 16 applications during the term of this Agreement, unless it is 17 mutually agreed to by both parties. 18 19 3. CITY retains the right to use CITY staff to write grant proposals 20 and pursue funding sources that CITY staff shall have researched, 21 targeted or solicited independent of this Agreement. 22 23 4. Where CITY and CONTRACTOR have identified potential grants 24 directly related to funding priority areas, CITY and 25 CONTRACTOR agree that CONTRACTOR shall have the first 26 opportunity to solicit these sources, where the sources have not 27 been utilized by the CITY in the last twenty-four (24) months. 28 29 D. Miscellaneous 30 31 1. Both parties agree that pending applications that require 32 substantial modifications or changes by CITY shall not be subject 33 to this Agreement. 34 35 2. Both parties agree that "substantial modifications or changes" must 36 be requested by the funding source and the response thereto must 37 exceed five (5) typewritten pages. 38 39 11 101800GrantConsultantExbA.doc City of National City, California COUNCIL AGENDA STATEMENT EETING DATE OCTOBER 24, 2000 AGENDA ITEM NO. 9 7-ITEM7-ITEM TITLE RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH BITRAN \ SYSTEM, INC. FOR DESIGN AND IMPLEMENTATION OF A PRIMARY CONTROL AND SURVEILLANCE SYSTEM TO OPERATE TRAFFIC SIGNALS ALONG NATIONAL CITY BOULEVARD FROM 1ST TO 30TH STREETS AND PLAZA BOULEVARD FROM ROOSEVELT AVENUE TO PARADISE VALLEY ROAD, SPECIFICATION NO. 97-6 PREPARED BY Din Daneshfar DEPARTMENT EXPLANATION See attached Report. Engineering/Public Works Environmental Review Financial Statement 6555. These funds Grant. X N/A .►s esv«w/ Funds are available from Account No. 313-409-500-598- arefrom 7 e`eral Congestion Mitigation/Air Quality Aerc.oLJAt No. STAFF RECOMMENDATION Adopt the Resolu BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) \\,97-6 1. Resolution 2. Two copies of the Agreement Resolution No. 2000-13'8 A-200 (9/80) RE: RESOLUTION AUTHORIZING THE MAYOR TO • EXECUTE AN AGREEMENT WITH BITRAN SYSTEM, INC. FOR DESIGN AND IMPLEMENTATION OF A PRIMARY CONTROL AND SURVEILLANCE SYSTEM TO OPERATE TRAFFIC SIGNALS ALONG NATIONAL CITY BOULEVARD FROM 1ST TO 30TH STREETS AND PLAZA BOULEVARD FROM ROOSEVELT AVENUE TO PARADISE VALLEY ROAD, SECIFICATION NO. 97-6. In order to maintain the City's existing BI Tran Traffic Signal Control Software System, and be consistent with the San Diego regional use of the BI Tran Coordination Software System for traffic signal synchronization, the new coordination system for National City is proposed to be the BI Tran QuicNet 4 (latest version). Since, this system will be an up -grade to the City's existing BI Tran system, we intend to sole source the purchase and installation of the control and surveillance system from BI Tran system, Inc. Therefore, a proposal was requested exclusively from BI Tran System, Inc. In response to our request, BI Tran submitted a proposal for design and implementation of a Central Computer System for the traffic signal operation and coordination project on National City Boulevard between Ist and 30th Streets, which would also include the traffic signals located along Plaza Boulevard from Roosevelt Avenue to Paradise Valley Road. The proposal of BI Tran System, Inc. was reviewed and found to be in compliance with the City's requirements. The review results were based on the firm's professional experience, staffmg, past record of performance, and approach to the project design and implementation. A total cost for all of the work described in the scope of project with a not to exceed fee of $78,750.00 was negotiated with BI Tran. On September 27, 2000, the bids were opened for the field construction portion of the work. Award of the construction contract is the subject of another item on this Council Agenda. The construction portion of the Project will provide the hardware interconnection of the existing traffic signals along National City Boulevard between 1st and 30th Streets and on Plaza Boulevard between Roosevelt Avenue and Paradise Valley Road. The design and installation of the central computer operating system will provide the software communication between the interconnected traffic signals in the field and the new BI Tran system at the City Hall. The attached agreement is for providing the software portion of the interconnect project. The project is funded by the Federal Congestion Management/Air Quality (CMAQ) program. RESOLUTION NO. 2000 — 138 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH BI TRAN SYSTEM, INC., FOR THE DESIGN AND IMPLEMENTATION OF A PRIMARY CONTROL AND SURVEILLANCE SYSTEM TO OPERATE TRAFFIC SIGNALS ALONG NATIONAL CITY BOULEVARD FROM l' TO 30' STREETS AND PLAZA BOULEVARD FROM ROOSEVELT AVENUE TO PARADISE VALLEY ROAD (Engineering Spec. No. 97-6) WHEREAS, the City desires to employ BI Tran System, Inc., to design and implement a primary control and surveillance system to operate traffic signals along National City Boulevard from lst to 30th Streets and Plaza Boulevard from Roosevelt Avenue to Paradise Valley Road; and WHEREAS, the City has determined that BI Tran System, Inc., is qualified by experience and ability to perform the services desired by the City, and BI Tran System, Inc., 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 BI Tran System, Inc., to design and implement a primary control and surveillance system to operate traffic signals along National City Boulevard from 1st to 30th Streets and Plaza Boulevard from Roosevelt Avenue to Paradise Valley Road. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 24th day of October, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND BI TRAN SYSTEM INC. THIS AGREEMENT is entered into this 17th day of October, 2000 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and BITRAN SYSTEM INC. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to design and implement a primary control and surveillance system to operate traffic signals along National City Boulevard from ls` to 30th Streets and Plaza Boulevard from Roosevelt Avenue to Paradise Valley Road, as described in Exhibit "A" (Location and Description of the project) and Exhibit "B" (Scope of Work). WHEREAS, the CITY has determined that the CONTRACTOR 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 "B" (Scope of Work). 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 "B" 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 Revised 52000 good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 15 % from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Din Daneshfar 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. John Y. Itagaki 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 "B" shall not exceed the schedule given in Exhibit "C" (the Base amount) without prior written authorization from the City Engineer. 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 "B" 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 "D". 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 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 2 Revised 5/2000 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. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. The CONTRACTOR is not an employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, 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, 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. 3 Revised 5/2000 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. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the 4 Revised 5/2000 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 claims, of or by anyone whomsoever, in any way resulting from or arising out of the CONTRACTOR's performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the CITY and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 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 oughout the terih of this agreement, the following insurance policies: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. 5 Revised 5/2000 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 E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. . H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. volunteers. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 6 Revised 5/2000 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately. by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 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 7 Revised 5/2000 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: To the CONTRACTOR: Burton S. Myers Publid Works Director/City Engineer City of National City 1243 National City Boulevard National City, CA 91950 BITRAN SYSTEM, INC. 510 BERCUT DRIVE, SUIITE R SACRAMENTO, CA 95814 ATTN: JOHN Y. ITAGAKI 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 the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. n 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. 8 Revised 5/2000 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. The following Exhibits and certifications have been attached hereto and incorporated herein as a part of this Agreement: Exhibit "A" - Exhibit "B" - Exhibit "BI " - Exhibit "C" - Exhibit "D" - Exhibit "E" - Exhibit "F Exhibit "G" Exhibit "H" Location and Description of the project Scope of Work Work to be done by the City Cost Proposal Project Schedule Disadvantaged Business Enterprises (DBE) Contractor Contract Reuirements Title 49, Code of Federal Regulations, Part 29, Debarment and Suspension Certification. Certification of Contractor Certification of City 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. 9 Revised 5/2000 I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. k. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: George H. Waters, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney B Contractor ( o sign.tures required) e) 10 Revised 5/2000 EXHIBIT "A" (LOCATION AND DESCRIPTION OF THE PROJECT) The project is located at the City Hall, Engineering Department, 1243 National City Blvd., City of National City. The new BI Tran Systems, Inc. QuicNet/ 4w will replace the City's existing BI Tran QuicNet Software. The system shall provide a centralized capability to monitor and control the operation of the signalized intersections along National City Blvd. from 1s` to 30th Streets and Plaza Boulevard from Roosevelt Avenue to Paradise Valley Road. For the details, see Exhibit "B". Exhibit "B" Scope of Work Design and Implementation of a Primary Control and Surveillance System for the City National City Traffic Signal Coordination SECTION I -GENERAL Understanding of Project- National City would like to upgrade the current QuicNet System with QuicNet/4 ATMS. BI Tran Systems, Inc. will work with the City to layout the Transportation Operations Center (TOC) and implement QuicNet/4 per resultant design. We are to coordinate and work with the City's contractor who is furnishing the communications link from city hall to the traffic signals. We assume the City's contractor will terminate all interconnect in the cabinets and in City Hall. what we are providing: 1. Project Personnel- BI Tran Systems, Inc. is headquartered in Sacramento, CA. We were founded in 1983 to provide transportation related software and system integration services to local agencies. BI Tran has expanded its operations and now have an office in Annapolis, Maryland. BI Tran Staff will be performing the configuration and integration of the National City System in our offices in Sacramento, CA. The configuration, integration, data entry will be performed by various members of our staff and will be reviewed by John Itagaki and Mr. Ray Chermak. 2. Proposed Method to Accomplish Work- When "Notice to Proceed" is issued, a "Kickoff Meeting" will be scheduled to review, change and solidify the details of the QuicNet/4 implementation tasks, schedule and costs outlined in this proposal. The meeting should be conducted by the City, with the contractor and BI Tran Systems, Inc. in attendance to coordinate the efforts for an efficient implementation of the project. The results of the meeting shall show: a. The final specifications of the equipment (Brand Names, warranty, etc.) b. A `Budget Amount" for all equipment. c. Who is to purchase equipment? d. Any parts of implementation tasks that need attention (terminal assignments, comm harnesses etc.) e. Refine schedule f. "Action Items" for next meeting g. Next Meeting date A 6.1 In most system implementation the "bringing on-line" of the traffic signals takes a significant amount of time. The system communications implementation begins a stage of investigation of the total system communication integrity. This stage requires wiring testing, field communications device evaluation, trouble shooting etc. After the interconnect contractor installs the interconnect, terminates the interconnect at each cabinet and City Hall, tests the interconnect, the "bringing on-line" task is as follows: a. Making sure each controller is configured for communications as designed. b. Field investigation of communications wiring. c. Investigate field device communications integrity. This task would take about two for the National City Boulevard System. BI Tran Systems, Inc. would hire this "traffic signal systems communications engineer" to help us with the "Field" portion of this task. 3. Knowledge and Understanding of Local Environment - BI Tran Systems, Inc. has a long history with National City. We have previously implemented traffic signal surveillance system in National City. We currently have a project with the City of San Diego to also implement a QuicNet/4 system and anticipate being in the area frequently. We also engage two other companies in the area for System Engineering, maintenance, installation assistance. These companies are Municipal Construction Maintenance Engineers and the Den Company. 4. Insurance Requirements- Certificates of Insurance to be provided with contract documents. 5. Cost - Attached is a detailed list of cost associated with the implementation of QuicNet/4 in National City. The Hardware budget reflects an amount for all the computer hardware, buyout software, special hardware (multi -port serial card and harness, Modem rack, 19" rack) and Furniture. These item should be budgeted until specification, quality, warranty could be specifically quoted and purchased. The budget should include installation, acceptance testing, shipping and taxes. BI Tran Systems costs are the QuicNet/4 software and the performance of the BI Tran tasks. QuicNet/4 software cost includes warranty, service and support. QuicNet/4 Implementation Costs (See Task List Headings) A. Purchasing Task -City or BI Tran System, Inc. B. Tasks by BI Tran Systems, Inc. QuicNet/4 Software, warranty, service $25,000 BI Tran Systems labor, integration, training $15,000 Budget $30,000 6.1 BI Tran Total $40,000 C. Task of bringing Intersections on-line (BI Tran Systems, Inc.) $5000 D. Task of Generating intersection graphics 150/intersection $3750 E. Task of installation of communication links- contract F. Traffic Signal Timing (By City /Consultant) 6. Detailed Schedule - BI Tran Schedule starts with the "Kickoff Meeting" to determine the most optimum time to bring the interconnect contract completion and the QuicNetJ4 implementation together at the same time if possible. There are items such as interconnect terminal assignments, termination of interconnect at City Hall, that the contractor needs to complete his job. The purchase of the hardware is the leading item to determine time to completion. The purchase of the Hardware and delivery can take about a month. The purchase of the control room furniture and installation can take the entire length of the contract. Once the purchase is made and the equipment is our facility, The BI Tran Systems, Inc tasks can start. The tasks for BI Tran at our facilities will take six to eight weeks. Installation of the System and final configuration in National City will take about 3 days. Bringing the traffic signals on line when the interconnect contractor is finished with his tasks will take about 3 days. Training shall include operations and maintenance of the QuicNet/4 system as well as traffic signal operation capability of the local intersection operation. 7. Exceptions to this Request for Proposal- BI Tran Systems, Inc. takes no exceptions to the this Request for Proposal. C 6.1 The Minimum hardware specifications (for proposed hardware specifications, see section II, subsections 8.41 thru 8.45) : 19 inch rack- cabinet - smoked glass front- removable side panels- casters network hub shelf for comm processor Shelf for pager modem drawer for keyboard shelf Modem Rack w/power supply shelf for comm processor monitor 2-12 duplex power strip **phone line for pager dialout Specification for Communication Processor/Remote Access Server/SQL Server and Workstation DELL PowerEdge 2450 Rack -Mount Server Pentium III 667 processor w/256K full speed cache 512 MB DIMMs 24X CD ROM 3 x 9GB SCSI 10,000 RPM Hard Drives PERC3/Si RAID Controller 64MB cache — RAID 5 3 %" 1.44MB Diskette Drive Redundant Power Supply Keyboard and Mouse *Network Operating System and SQL software will be purchased separately. DELL Dimension XPS B Series Workstation Pentium III 800 processor 256 MB RAM 32 MB NVIDIA TNT2 AGP Graphics Card 20.4 GB Ultra ATA Hard Drive 3COM 10/100 NIC 48X CD-ROM Microsoft Office 2000 Professional Keyboard and Mouse 21" Monitor Notebook Computer: Refer to Section II, Subsection 8.45 "REMOTE WORKSTATION". 6.1 Detailed QuicNet/4 Implementation Tasks A. Purchasing Task -Computers and Furniture Equipment Purchase and Acceptance (By City / BI Tran Systems, Inc. / others) 1. Purchase Computer equipment and Warranty for TOC with City's approval. (1- month) a. Install other buyout hardware not installed with purchase. b. Install other buyout software required such as MS Office Pro, MS Sequel Server, Map Objects, NT Server etc. c. Checkout purchase and installation for proper operation. 2. Purchase TOC furniture and Warranty with City's approval. (2-months) a. Install furniture per requirements b. Checkout installation for proper operation. B. Tasks by BI Tran Systems, Inc. (2-months) 1. Kickoff Meeting. 2. At BI Tran Systems, Inc. Sacramento, CA a. Stage computers purchased above into a network based on TCP/IP. b. Install QuicNet software into all processors on the ATMS network. c. Test installation of software and make necessary adjustments. d. Setup and test each device and communication port to be utilized. 5. Install QuicNet onto dial -in remote access computers. 6. Generate System graphics utilizing GIS maps provided by the City. 7. Generate system object identification numbers of traffic signals. 8. Generate communications scheme and addressing 9. Factory Acceptance Test of integrated system. 10. Ship system to the City 11. Assembly of System in the City. Connect printers etc. 12. Simulation of system in TOC. Test controllers in TOC. 13. First Session of Training -Overview 14. Check out QuicNet operations for integrity of total system (network) 15. Generate Central database. Make necessary changes to accommodate actual conditions. Install Intersection graphics. 16. Bring intersections on-line. See below for details. 17. System evaluation and acceptance test 18. Prepare intersections for upload 19. Generate entire database- upload all field timing 19a. Traffic Signal Controller operation training (added 6/9/98) 20. Intersection Graphics Training 21. Final System Training 6.1 22. System Acceptance test 23. System Burn- in period 24. System warranty and support period C. Task of bringing Intersections on-line. (usually BI Tran Systems, Inc. and sub- contractor) 1. Trouble shoot interconnect and harnessing for communications trouble. 2. Install communications addressing scheme 3. Install cables from QuicNet to communications panel. 4. Changeout controller firmware if needed 5. Provide trouble shooting support for communications from central computer to controllers D. Task of Generating intersection graphics (minimum) 1. Take BI Tran's Standard Graphics Package and modify for specific intersection. 2. Utilize QuicDraw utility tool for placing dynamic objects and data on above background. 3. Test above combination on line for final approval. E. Task of installation of communication links. (usually contractor) 1. Install communication link from traffic signals to City Hall. 2. Test all interconnect 3. Terminate interconnect in every cabinet and City Hall. 4. Install communications harness in each cabinet 5. Provide all 170 equipment and modems. F. Traffic Signal Timing (By City /Consultant) 1. Provide intersection non -coordinated timing 2. Provide intersection coordination timing 3. Input data into QuicNet/4 4. Download data into traffic signal controllers. 5. Observe and fine tune operation. G. Tasks by National City / BI Tran Systems, Inc / others. 1. Provide database information -city map-GIS Map 2. Provide for any telephone lines required. a. pager phone line -dial out only at comm processor b. dial -in access at Remote Access Server/Workstation 3. process hardware warranty repairs once equipment is on site. 4. Fine tuning and monitoring of System. F 6.1 The following is a cost approximation of the Computer equipment described in Task A 1) Communications Server $600000 2) Workstation $500000 3) Remote workstation (Notebook Computer) $500000 (a) Budget $16,00000 "Buy-out" items: 3) 8 Port Serial Board (Digiboard) for Communications Processor 1,00000 4) 10 position Model 400 Modem Card Cage ($210000 each) 2,10000 5) Windows NT 4.0 Server software (5 client license) 80000 5) MS Sequel Server software (10 client license) 150000 6) Windows NT 4.0 Workstation software ($300 each- 2 computers) 60000 7) Microsoft Office 97 Pro (for report generation - 1 workstation) 60000 8) Miscellaneous 80000 (b) budget of buy-out items $ 7,40000 Total of (a) and (b) items $ 23,40000 Taxes $200000 Integration and testing 2,30000 Shipping $1,500 To be purchased within budget amount _$29,200 Control Room Console- chairs up to $2,000 19" rack $3000 See Section II for detailed Special Provisions (pages 6.1 thru 6.17). G 6.1 Scope of Work (Exhibit "B") continued.. SECTION II -CONTRACT ITEM DESCRIPTIONS AND DETAILED SPECIAL PROVISIONS EXPLANATION OF BID ITEMS The Technical Conditions for this project shall conform to the "Special Provisions for Installation of Central Traffic Signal Control System Equipment." Where the City's Special Provisions modify State Specifications, the Special Provisions shall prevail. Explanation of Bid Items The unit price bid per unit measure of work shall include all costs of labor, equipment, and materials necessary for the furnishing and constructing complete in -place and operating accordance with the specifications for the City of National City for all work listed in the bid items. Bid item 1: System Software (BI Trans QuicNet 4w) Bid item 2: System Hardware Equipment Bid item 3: Documentation, Training and Testing Bid Item No. 1 - Purchase, Delivery and Installation of Control System Software This item is to cover the Contractor's cost for Contract Documents, and purchase, delivery and installation of traffic signal control system equipment for City Hall. The system shall be a BI Tran Systems, Inc. QuicNet/4w Traffic Management Control System. The system will be hardline cable connected to operate twenty five (25) traffic signals along National City Boulevard and Plaza Boulevard. The system will include the base graphic displays for twenty five locations, plus the capacity to operate up to minimum of one hundred twenty five (125) traffic signals for future use. Bid Item No. 2 - Purchase, Delivery and Installation of System Hardware Equipment This item is to cover the Contractor's cost for purchase, delivery and installation and testing of hardware equipment. The equipment will be installed in the City's Transportation section located at City Hall, 1243 National City Boulevard. System hardware equipement to be located at City Hall shall inlcude; two (2) computers with monitors, one (1) portable notebook computers, a color laser-inkjet printer, modular workstation console and a nineteen inch (19") cabinet rack to house the equipment, if any proposed in section I -General. All perminate equipment will be delivered, installed and tested in the city's transportation section National City Signal System PS&E 6.1 08/23/00 P96206 located at City Hall. System hardware for the twenty five (25) field locations along National City Boulevard/Plaza Blvd shall include modem cards (Type 400) for the existing 170 traffic signal controllers. Bid Item No. 3 - Provision of Traffic Signal Control System Support This item is on an hourly basis and is to cover the cost of providing system support to the City following the installation of the system on an as -needed basis. System support shall cover a one year period after acceptance of operation of the system. The Contractor is required to make on -site measurements to satisfy himself as to the actual quantities involved in all of the prescribed bid items. National City Signal System PS&E 6.2 08/23/00 P96206 TECHNICAL SPECIFICATIONS SPECIAL PROVISIONS FOR INSTALLATION OF CENTRAL TRAFFIC SIGNAL CONTROL SYSTEM EQUIPMENT FOR CITY OF NATIONAL CITY 1.00 DEFINITIONS Wherever in the Special Provisions and other contract documents the following terms (or pronouns in place of them) are used, the intent and meaning shall be interpreted as provided in this Section. Engineer: City Engineer or representative. Contractor:BlTran 2.00 GENERAL Existing electrical systems, or approved temporary replacements thereof, shall be kept in effective operation during the progress of the work, except when shutdown is permitted. Work or equipment not specified in these special provisions necessary for the proper operation of the work in this section shall be provided and installed at no additional cost to the City. The Contractor shall coordinate the work specified herein with the other contractors responsible for installation and connection of hardware, software and testing for the operation of a Central Traffic Signal Control System. Exact locations and placement of the hardware equipment in City Hall shall be determined by the Engineer. 3.00 MATERIALS Attention is directed to Section 6, "Control of Materials," of the Standard Specifications and these Special Provisions. All work and materials shall be in full accordance with the latest rules and regulations of the National Board of Fire Underwriters, and local ordinance or State laws, the State of California Industrial Accident Commission's safety orders, and regulations of the San Diego Gas and Electric (SDG&E) pertaining to service equipment and installations thereof. All work shall comply with City of National City electrical ordinances, Uniform National Electric Code and National Electrical Manufacturer's Association National City Signal System PS&E 6.3 09/11/00 P96206 standards and all regulations and codes as stated in Section 86-1.02 "Regulations and Codes" of the Caltrans Standard Specifications, 1992 Edition. Nothing in these plans and specifications shall be construed to permit work not complying with these codes. 4.00 CITY -FURNISHED MATERIALS There are no City -furnished materials for this project. 5.00 EQUIPMENT LIST Equipment list shall conform to the provisions in Section 86-1.03 and these Special Provisions. All equipment and materials that the Contractor proposes to install shall conform to these specifications. For the substitute equipment and/or materials(if any), along with a written descriptive summary, describing the functions of the components which the Contractor proposes to install, see Section I (Scope of Work). The list shall be complete as to the name of the manufacturer, size and identifying number of each item. 6.00 WARRANTIES, GUARANTEES AND INSTRUCTION SHEETS Warranties, guarantees and instruction sheets shall conform to the provisions in Section 86-1.04, "Warranties, Guarantees and Instruction Sheets," of the Standard Specifications and these Special Provisions. All equipment furnished shall be guaranteed to the City by the manufacturers for a period of not less than one (1) year, unless otherwise indicated, following the date of acceptance of the system installation of such equipment for this project. If any part (or parts) is (are) found to be defective in materials or workmanship within the one-year period, and it is determined by the Engineer, or by an authorized manufacturer's representative that said part (or parts) cannot be repaired on the site, the manufacturer shall provide a replacement part (or parts) of equal kind and/or type during the repair period and shall be responsible for the removal, handling, repair or replacement and reinstallation of the part (or parts) until such time as the equipment is functioning as specified and as intended herein; the repair period shall in no event exceed 72 hours, including acquisition of parts. National City Signal System 6.4 PS&E P96206 08/23/00 The one-year guarantee on the repaired or replaced parts shall again commence with the date of assembly of the system. On all hardware, a 1-year on -site support is required for computer equipment. All work done by the Contractor shall be guaranteed in writing to the Engineer for 12 months from the date of final acceptance. 7.00 SCHEDULING OF WORK Scheduling of work shall conform to the provisions in Section 86- 1.06, "Scheduling of Work" and these special provisions. The Contractor shall notify the Engineer at least one working day in advance of any electrical work, and also at least one working day in advance of any work done intermittently to facilitate inspection. 8.00 TRAFFIC OPERATIONS CENTER CONTROL AND SURVEILLANCE SYSTEM 8.10 DESCRIPTION The primary control and surveillance system shall be located at City Hall, 1243 National City Boulevard, (the Traffic Operations Center, TOC). The system shall be a BI Tran Systems, Inc.'s QuicNet /4w Traffic Management Control System. The system shall provide a centralized capability to monitor and control the operation of signalized intersections. The control system shall be capable of providing reports and logs of system operations, monitoring intersection operations, allowing centralized plan selection, and uploading/downloading of system operating parameters. The communication processor shall receive and record detector volume and occupancy data, and local intersection operating parameters. The system software shall allow the operator to view multiple intersections, a city-wide map, and multiple signal subsystems simultaneously. The system shall have the capability to project the video image from the computer onto a wall or projection screen for presentation purposes. The system shall operate with the City's existing traffic signal controllers, Model 170 controllers. The central system shall consist of the following hardware: One (1) communication processor/ remote access server One (1) workstation computer One (1) remote/portable computer (notebook) One (1) laser -jet printer(color) One (1) CD disk back-up(rewritable) National City Signal System PS&E 6.5 08/23/00 P96206 8.11 ENHANCED OPERATION When displaying a map with signals on more than one communications channel, the status of signals on each channel shall be updated at its maximum rate regardless of the maximum rate possible for other channels involved in the display. This may result in different update rates for different signals on the same display. 8.20 INSTALLATION The Contractor shall install the central control system in the room designated by the City Engineer. All cabling and connectors for the central control system shall be furnished by the Contractor. 8.30 SYSTEM SOFTWARE (Communication Processer/Remote Access Server) The Communication Processor/Remote Access Server Software shall provide file server functions through the network, allowing all workstations to use the system database, a database consisting of a single "master" set of system and data files and security features. Intersection timing data shall be locked to prevent multiple workstation access to an individual record, but all records not currently in use by another workstation shall be accessible by any workstation. The Communication Processor/Remote Access Server Software shall provide communications server functions through the network that allow any workstation to communicate with any intersection or in the system. All system communications to or from intersections shall be routed through and managed by the communications program. It shall be possible for more than one workstation to communicate with the same intersection simultaneously. The communication processor functions shall allow communications with all local controllers. The Communication Processor/Remote Access Server Software shall provide the following features: - Automatically poll the local controllers for changes in alarm and operating plan - Answering a dial -in telephone report initiated by controller and store reports on disk and print out any changes. The following alarms shall be recorded: conflict flash (cabinet flash and stop time), cabinet flash, loss of communications, external control, National City Signal System PS&E 6.6 08/23/00 P96206 manual plan selection, detector failure, cabinet door open and keyboard data entry It shall be possible to report the alarm data at any workstation with sorting by date, location and alarm type. The Communication Processor/Remote Access Server Software shall be a superset of the workstation software, except that suitable DOS graphics displays may be substituted for Windows graphic displays. The Communication Processor/Remote Access Server Software shall allow an operator to perform standard workstation functions while file and communications server functions are operating simultaneously. In addition, all scheduled data accumulation event management shall be performed by the Software. The file, communications, polling and schedule management functions of the Communication Processor Software shall continue to operate without the need of operator input after initial loading. 8.31 WORKSTATION SOFTWARE (Computer) The Workstation Software furnished by the Contractor shall include security and access control features and shall provide a minimum of sixteen individual operator names, each with a unique, changeable password. These operators shall be distributed among five descending levels of system access. In addition, a user log shall be maintained that provides a time/date stamped record of all operator log -ins, database changes, uploads and downloads. The log shall list the operator, the operation performed, the intersection affected and the data used or modified. The Work Station Software shall provide graphics -based displays to allow the operator to view system operation in real time. It shall be able to provide the following features: 1. Real time display of vehicles and pedestrians 2.. Display of coordination data - timing plans, offsets, status and cycle. 3. Window display can be reduced to open other views or displays. 4. Real time remote display of all 44 vehicle, pedestrian, pre- emption and auxiliary inouts to the 170 controller. 5. Graphical display of intersection and area status 6. Operator notification of alarms Real time displays shall include a combination of modules providing the display capabilities listed below. The software shall allow the operator to view multiple intersections, a City-wide map, and National City Signal System PS&E 6.7 08/12/98 P96206 multiple subsystems simultaneously, each adjusted for size, and displayed fully in a portion of the workstation monitor screen. The Contractor shall provide templates for the intersection displays and assist City staff in the development of the City-wide and subsystem maps, which are also to be compatible with the City's ESRI-based Geographical Information System (GIS). The workstation operator shall have the ability to manually over- ride the control plan in effect at any local controller and implement any other control plan in its place. The workstation software functions shall include the following: Scheduling The software shall be capable of automatic data gathering and data storage by scheduled event. This applies to the following data: • system detector volumes and occupancies • intersection detector counts • real time split monitor data Data Analysis The software shall be capable of the of the following: analysis and graphical display • turning movement counts generated detector counts • manual input speed study data (uploadin this data also) • real time split monitor data from uploaded intersection g and downloading of The software shall be capable of pre -formatted storage on disk for import to the latest version of Windows spreadsheet(s) of the following data in delimited format: • system detector volumes and occupancies • intersection detector counts • real time split monitor data The software shall be capable of logging signal lamp outages for the green, yellow, red, walk, and don't walk indications as detected by a signal lamp monitoring unit. Real Time Graphical Displays The software shall provide the following real time graphical displays: National City Signal System 6.8 PS&E P96206 07/23/98 • Local Intersection Operations Display: This display shall contain symbols for display of signal indication color and detector information for all phases and overlaps, all pertinent coordination timing, plus intersection identification information and the date and time obtained from the intersection software. The operator shall be able to create and locate symbols, background and text anywhere on the background. The display shall support multiple symbols on screen for each of the functions displayed, with the maximum number of active symbols limited only by workstation memory. The user shall be able to turn on or off any icons or layers. • Controller Display: This display shall include all controller inputs and controller ring timing parameters, presented as an image of the controller cabinet input files and controller front panel. • Subsystem Operations Display: This display shall contain symbols and text superimposed over a map of the area covered by the subsystem. This display shall provide simultaneous indications for arterial greens, alarm status, and the operational status of all intersections within the subsystem, plus the current cycle timer and the date and time obtained from the local controller software. The operator shall be able to create, size and locate symbols, background and text anywhere on the background. • System -wide Status Display: This display shall be superimposed on a City-wide map. Four modes of operator selectable displays shall be available: 1. alarm status (for all 2. operation status (for 3. arterial green status 4. detector failure (for The operator intersection system. intersections) all intersections) (for all intersections) all intersections) shall be able to create the map background and specify locations with software provided as part of this National City Signal System PS&E 6.9 07/23/98 P96206 Real Time Status Displays The software shall be compatible with ESRI's Arcinfo, and shall provide the following real time status displays: • system -wide alarm status (in tabular form) • system -wide operational status (in tabular form) The Workstation Software shall display on the color graphics monitor, a geometric representation of any selected system intersection. It shall be possible for the operator to create the geometric representation of every intersection for the real time intersection display. The operator shall have the option of either creating the intersection geometrics using a "paint" program, or', - allowing the system software to create the geometric background automatically with limited operator input. The following information shall be displayed in real time with the intersection geometrics: • 8-phase signal indications • overlap signal indications • pedestrian signal indications • vehicle calls • pedestrian calls • operating plan • local cycle timer • master cycle timer • preempt status • on-line status System detector volume and occupancy data shall be output as a detector log. The detector log shall be formatted and displayable or printable upon request or automatically at regular intervals as specified by the operator. Current system operating status reports including: current plan, mode of operation (i.e., manual, time -of -day, or traffic responsive), current equipment status (on-line, etc.) shall be displayable upon demand. The local controller database management functions shall include the following: • configuration data • phase timing and flags • detector timing • coordination timing and flags . time base coordination schedule . time of day function outputs . system detector assignments Local controller timing parameters, when viewed on the color monitor, shall be arranged in a manner similar to that used in the timing sheets furnished with the intersection software. It shall be National City Signal System PS&E 6.10 07/23/98 P96206 possible to change the timings in the database using spreadsheet techniques. It shall be possible to upload all operator settable timing parameters from the local controllers to the system database to compare with the disk file and to update the disk file. It shall, also, be possible to download all intersection phase and coordination timing and function operating parameters with some restrictions as described in the following paragraph. Configuration parameters which may adversely affect the signal head display if changed, such as preemption and overlap assignments, shall be protected from indiscriminate downloading by requiring that access be enabled at the intersection prior to the download. This access shall be cleared automatically after a successful download or after a suitable delay time, and shall require re -enabling prior to a subsequent download. 8.40 SYSTEM SOFTWARE The hardware shall consist of the following items• • One (1) Communication Processer/Remote Access Server (Computer) • One (1) Workstation (computer) • One (1) Portable workstations (notebook computers) • One (1) Color printer • One (1) CD Disk back-up system 8.41 COMMUNICATION PROCESSOR/REMNOTE ACCESS SERVER The communication processor/remote access server furnished by the Contractor shall consist of a microcomputer system with the following configuration features: DELL PowerEdge 2450 Rack -Mount Server Pentium III 667 processor w/256K full speed cache 512 MB DIMMs 24X CD ROM 3 x 9GB SCSI 10,000 RPM Hard Drives PERC3/Si RAID Controller 64MB cache RAID 5 3 W" 1.44MB Diskette Drive Redundant Power Supply Keyboard and Mouse *Network Operating System and SQL software will be purchased separately. National City Signal System 6.11 PS&E P96206 08/23/00 8.42 WORKSTATION (COMPUTER) The Workstation furnished by the contractor shall consist of a microcomputer system with the following configuration: DELL Dimension XPS B Series Workstation Pentium III 800 processor 256 MB RAM 32 MB NVIDIA TNT2 AGP Graphics Card 20.4 GB Ultra ATA Hard Drive 3COM 10/100 NIC 48X CD-ROM Microsoft Office 2000 Professional Keyboard and Mouse 21" Monitor 8.43 PRINTER The Printer furnished by the Contractor shall be a Hewlett-Packard Color Laser Jet 5M or equal. The printer shall be connected via parallel interface to the Communication Processor/Remote Access Server and the Workstation. 8.44 OPTICAL DISK BACK-UP SYSTEM The Optical Disk Back-up System furnished by the Contractor shall be a 128 MB rewritable, removal optical SCSI drive. The optical drive shall be external, easily connected and operate with 3" optical cartridges. National City Signal System PS&E 6.12 0B/23/00 P96206 8.45 REMOTE WORKSTATIONS The Remote Workstation furnished by the contractor shall consist of a Notebook microcomputer system with the following configuration: DELL Inspiron 5000 Notebook Pentium III 600MHz Processor 128MB RAM 2x AGP 8MB ATI Rage mobility 3D Video 10GB Ultra ATA HardDrive MS Windows 2000 Xircom RealPort 10/100+56K Combo PC Card Modular 32X Variable CD-ROM MS Office2000 Professional Leather Case Secondary 59WHr Lithium Battery 3 Years next Business Day Parts & Labor Warranty 8.46 Modular System Console and Rack, if any proposed in section I -General The Contractor shall furnish and install a modular system console to be located at the City Hall. The computer console shall have the capability to mount three 19"-21" monitors at desk top level with storage and desk top space for the keyboard. The console shall be modular design to east reconfiguration and expansion of the console for additional monitors and computers. The Cabinet rack shall be a standard indoor 70" hieght vertical rack with top, bottom base and side panels. The rack base shall be able to bolt to the floor to secure the rack, the side or top should be vented and the side racks shall be fully adjustable. 9.00 DOCUMENTATION The Contractor shall provide the following documentation: • material selection documentation • test procedures documentation • test results documentation • system documentation • installation manual • maintenance and service manual for all hardware and software supplied • one set of system operation manuals for each workstation and remote workstation National City Signal System PS&E 6.13 08/28/00 P96206 Documentation, including shop drawings, catalogue sheets, calculations, drawings, diagrams, test print-outs, photographs and text shall be provided by the Contractor to a level of detail such that the Engineer can achieve a reasonable level of assurance that the equipment the Contractor is furnishing is in accordance with the requirements of the design. The documentation shall also be used to provide records for future operational and maintenance facilities. MATERIAL SELECTION DOCUMENTATION: Prior to ordering equipment, the Contractor shall submit Material Selection Documentation to the Engineer, for approval. All submittals to the Engineer shall be complete, carefully organized, and placed in plasticized, hardback 3D-ring binders. Each binder shall have a project cover sheet, index tabs for each group of equipment being submitted, and a contents sheet(s) with the following indicated for each item being submitted for review: • item number • item description/specifications • equipment manufacturer, address and telephone number • manufacturer's catalog number • item cost The contents sheet(s) shall be stamped and signed as having been reviewed by the Contractor. The material selection documentation shall include brochures, catalog sheets with specific items marked, references, and performance data, to describe submitted equipment. No piece -meal or partial submittals will be acceptable and will not be reviewed by the Engineer. TEST PROCEDURES DOCUMENTATION: The Contractor shall prepare documentation outlining his intended method of testing for each item. The method of testing must ensure that the functional, physical and environmental aspects of the contract specifications are demonstrated. The documentation shall also address the format of the Test Results Documentation. TEST RESULTS DOCUMENTATION: Test Results Documentation shall be submitted to the Engineer within 2 weeks of completion of testing. This documentation shall demonstrate the results of all tests in the format previously accepted under "Test Procedures Documentation." All areas of non-compliance with the specifications shall be noted as well as the action to be taken. SYSTEM DOCUMENTATION: The Contractor shall prepare documentation summarizing the test procedures, test results and areas of non - National City Signal System PS&E 6.14 07/23/98 P96206 compliance with the contract specifications and shall detail overall system configuration, operation and maintenance. INSTALLATION AND OPERATION MANUAL: This manual shall be assembled in volumes of 3D-ring binder of 3" maximum thickness and shall be indexed item by item. Several items may be covered in a single binder. The manual shall document in detail the installation and operation of the equipment on an item by item basis with clearly detailed illustrations. All modifications to standard equipment must be documented. The Contractor is responsible for generating the desired documentation in the event that it is not available from the manufacturer. MAINTENANCE AND SERVICE MANUAL: This manual shall be assembled in volumes of 3D-ring binders of 3" maximum thickness and shall be indexed item by item. Several items may be covered in a single binder. The manual shall document in detail the maintenance and service aspects of the equipment on an item by item basis with clearly detailed illustrations including schematic diagrams. The manual shall contain comprehensive lists of parts and costs, with illustrations if necessary, as well as a troubleshooting guide to enable engineering staff/technicians, or others, to carry out maintenance operations down to the module level. 10.00 TRAINING This item includes all work and material required to prepare and conduct the system training overview. Training courses shall be held after the system has been installed and accepted. The courses shall not total less than one eight -hour (excluding lunches and breaks) day in duration. The courses shall be developed specifically for the system and shall assume no prior knowledge of the central signal system technology used. The Contractor may, at his option, provide the training at his office if it is located within reasonable travel distance (approximately one hour travel time by automobile) from City Hall. The Contractor shall provide all materials and instructors for the training courses. Instructors shall be technically knowledgeable, and competent and proficient in the English language. A member of the Contractors staff with intimate experience with this Contract shall attend the courses and provide answers to any inquiries. A draft of the course material shall be provided by the Contractor to the Engineer for approval or rejection in advance of the proposed National City Signal System 6.15 PS&E P96206 07/23/98 course date. The Engineer will approve or reject the course material or content within three weeks of receipt. The Contractor shall allow adequate time for reviews and revisions to ensure the courses are held within the designated dates. An overview/introductory level briefing shall be included to familiarize attendees with the central signal system. 11.00 SYSTEM TURN -ON REQUIREMENTS The following items are the responsibility of the Contractor and must be completed to the satisfaction of the City prior to system turn -on of new or relocated equipment. 1. The Engineer must be notified in writing, seven (7) working days in advance of the proposed turn -on. 2. All system tests shall be completed. 3. All City Hall site connections shall be made and verified. When all of the above are complete and the system is ready for turn - on, the Contractor shall notify the Engineer. The Engineer will then arrange a time to meet with the Contractor to perform an initial inspection of the installation. If satisfactory, the system may be placed in operation. Any items needing additional work or correction will be listed and that list provided to the Contractor. The Engineer will insure that these items are corrected as needed. 12.00 SYSTEM SUPPORT This item includes work and material to provide technical support for the maintenance of the system as required by City staff on an as -needed basis following acceptance of the system by the City Engineer. National City Signal System 6.16 Ps&E P96206 08/05/98 13.00 PAYMENT Payment for the entire system shall conform to the provisions in Section 86-8, "Payment," of the Standard Specifications and these Special Provisions. The contract price for the traffic signal control system installation, furnishment, delivery, testing and documentation of the hardware and software shall include all material and labor, and no additional payment will be allowed. National City Signal System PS&E 6.17 08/23/00 P96206 EXHIBIT "B i" (WORK TO BE DONE BY THE CITY) 1. The City' Contractor will furnish the communication link to the local controllers from the City Hall. 2. The City will provide the availabe GIS map and CAD drawings of each intersection for using to generate base graphic displays for 25 intersections. 3. The City will provide required telephone line. 4. The City's Consutant ,BRW Inc., will provide Traffic Signal Timing. EXHIBIT "C" Cost Proposal- not to exceed A. Purchasing Task-BI Tran System, Inc.* 6% fee for BI Tran Systems, Inc, does not include taxes: B. Tasks by BI Tran Systems, Inc. QuicNet/4 Software, license, warranty, service Due on delivery in National City BI Tran Systems labor, integration, training Due when project is complete. Budget $30,000 $25,000 $15,000 C. Task of bringing Intersections on-line (BI Trait Systems, Inc.) D. Task of Generating intersection graphics 150lintersection(2 5intersections) E. Task of installation of communication links- coiitiact F. Traffic Signal Timing (By City /Consultant) $40,000 $5000 $3,750- Total $7 8 , 7 5 0 * BI Tran systems, Inc will work with the City to purchase equipment for their control room as well as computer hardware for the system. BI Tran fee for this is to be 6%, and will stay within the budget amount. Computer hardware will be shipped to Sacramento for hardware staging, testing and software configuration. The equipment will be shipped back to National City fully programmed and checked out. EXHIBIT "D" Schedule A Purchasing Task-BI Tran System, Inc. B. Tasks by BI Tran Systems, Inc. QuicNet/4 Software, warranty, service For for services in Sacramento, and on -site BI Tran Systems labor, integration, training 120 days** 90-120 days*** C. Task of bringing Intersections on-line (BI Tran Systems, Inc.) 5 days-10 days D. Task of Generating intersection graphics 150/intersection(25 intersections) 5 days E. Task of installation of communication links- contract ---- F. Traffic Signal Timing (By City /Consultant) ---- Total length of time 150 working days ** time to start at kickoff meeting * **Time to start when computer hardware arrives in Sacramento, Ca. EXHIBIT "E" DISADVANTAGED BUSINESS ENTERPRISES (DBE) CONSULTANT CONTRACT REQUIREMENTS The provisions of Title 49, Part 23, Code of Federal Regulations (49 CFR 23) and the City of National City 's adopted (Local Agency) DBE Program requires that DBEs have an opportunity to participate in contracts funded through the Federal Highway Administration (FHWA). In order to meet the above stated requirements, the following criteria have been established: 1. Participation by Caltrans' certified DBEs as prime consultants or sub -consultants in this contract. 2. A good faith effort by the prime consultant in trying to secure participation by DBEs as sub -consultant prior to award of this contract. 3. Documentation of a "good faith efforts" will be submitted i. writing and will consist of the following: a) A list of Caltrans' certified DBEs solicited. b) Efforts in using the services of available minority community organizations; minority contractor groups; women contractor groups; and Local, State, and Federal Minority Business Assistance Centers in the recruitment and placement of DBEs (name of contract,- date of contact, other information they provided). c) Selecting portions of the work to be performed by DBEs (include type of work and $ value). Note: If the prime consultant can demonstrate that it is not practical to select portions for sub -consultants, this may constitute a good faith effort. d) Negotiating in good faith the sub -bids with the interested DBEs {include name and dollar value of all bids on the item(s)). EXHIBIT "F" TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION The prime Consultant, under penalty of perjury, certifies that except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, officer, manager: Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; Does not have a proposed debarment pending; and Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining Consultant responsibility. For any exception noted above, indicate below to whom it applied, initiating agency, and dates of action. NCTE: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal Signing this Proposal on the signature portion thereof shall constitute sicnature on this Certification. EXHIBIT "G" CERTIFICATION OF CONSULTANT I HEREBY CERTIFY that I am the and duly authorized representative of the firm of , whose address is , and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant). to solicit or secure this agreement; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the agreement; Except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the State Department of Transportation in connection with this agreement involvinc participation of Federal Aid Highway funds, nd�is sub t to applicable State and Federal laws, both crimilzal ` n% 1 C4 ature o FC+ns tent Date Local Assistance Procedures Manual EXHIBIT 10-G Certification of Local Agency, Fees EXHIBIT "H" CERTIFICATION OF LOCAL AGENCY I HEREBY CERTIFY that I am the City Engineer of the City of National City (local agency) , and that the consulting firm of BI Tran System, Inc. or its representative has not been required (except as herein expressly stated), directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this Agreement to: (a) employ, retain, agree to employ or retain, any firm or person; or (b) pay or agree to pay, to any firm, person or organization, any fee, contribution, donation, or consideration of any kind. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this Agreement involving participation of Federal -aid Highway funds, and is subject to applicable State and Federal laws, both criminal and civil. (Date) (Signature) Page 10-43 February 1, 1998 MEETING DATE 10/24/00 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 10 ITEM TITLE WARRANT REGISTER #16 PREPARED BY ROBERT A. RABAGO DEPARTMENT FINANCE EXPLANATION Ratification of Warrant Register #16 per government section code 37208. Environmental Review N/A (-Financial Statement N/A Approved By: 79-7 Finance DTrecto Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $282,286.45 BOARD / COMMISSION RECOMMEN+ATION i1>Al 71-4.94.14.W., ATTACHMENTS ( Listed Below ( c /€S/61-/tS22 1. Warrant Register #16 2. Workers' Comp Warrant Register dated 10/11/00 Resolution No. A-200 (9. 99) MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT October 24, 2000 **Refer to Item #2** 11 AGENDA ITEM NO. ITEM TITLE A Request of City Council to approve 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 cul-de-sac be incorporated into the design to minimize the impacts of the reduced cul-de-sac.) dimensions. Environmental Review Financial Statement No fiscal impact. N/A .,,.. l (. STAFF EC E AT , N pw �/ The Engineering Departme �% ° -ends th' Cit Council uphold the current policy. However, in light of development constraints, if the City Council pproves a waiver from the City standards, we recommend that parking be prohibited in the cul-de-sa . Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Tentative Parcel Map 2. Waiver Request Letter A-200 (9/80) --� Resolution No, MTV . , AD /ALOREM READ(, INCH 1635 Sweetwater Road, Suite D, National City CA 91950 Ph# (619) 474-2685 Fax (619) 474-1699 September 13, 2000 NATIONAL CITY PLANNING DEPARTMENT 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 SEP 14 2.IS 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 property 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 d 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 theiefwe greatly appreciated. Respectfully, David G. Hargrove, Owner "Working Hard To EARN Your Trust" VICINITY MAP 91tE NOT TO SCALE / / CONt j; DRIVE CONTOUR INTERVAL 2 FT. GRAPHIC SCALE 0 30 B0 90 --I HOUSE SURVEYING AND MAPPING BY E. G. CHAPMAN, INC. - OCTOBER 10. 1999 ASPHALT 1.70,024. TENTATIVE MAP PARCEL MAP NO CITY OF NATIONAL CITY CFN OWNER'S STATEMENT: WE THE OWNERS OF THE PROPERTY COVERED BY THIS MAP HEARS? APPROVE SAID MAP AND THE FILING THEREOF. DAVIDE. HARGROVE AND BING MINERVA AS OWNERS. BY: NON er DAVID G. ARO VS BING MINERVA ADDRESS: 1420 EAST PLAZA BOULEVARD NATIONAL CITY. CALIFORNIA 91950 PHONE: (819) 474-2685 COMMERICAL, BUILDINGS HOUSE L'1 TZ ry A LEGEND PROPERTY BOUNDARY '501 CONTOUR LINE ® SEWER MANHOLE .STORM DRAIN MANHOLE O HATER VALVE -0- POWER POLE AS LIGHT POLE 0 TREE 0 PINE TREE 11 Dani \q�rh• �.\ F�Ng 4p WU\ \1 \ UPtE0 95N5 0�95tgE : / 1 tiVo- yy--% L016EgpNE% /N S / 1 NPNN/ LEGAL DESCRIPTION BEING A TWO LOT SUBDIVISION OF PARCEL 2. PARCEL MAP NO. 141E5 IN THE CITY OF NATIONAL CITY. COUNTY OF SAN DIEGO. STATE OF CALIF. TTHE HEIA N OFFICEROF THE RECORDERROFLSAN PDIEGO COUNTY THEROF NO. IFEBRUARY4185, L26, ED 119B6. ASSESSORS PARCEL NO. 561-030-33 ASSESSORS PARCEL NO: B00K: 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 ADJECENI: RESIDENTIAL TOTAL NO. OF PARCELS: 2 LOT 1 6901 50. FT. GROSS & NET L072694950. FT. GROSS C NET BENCHMARK: NATIONAL CITY BRASS PLUG IN CURB AT NW CORNER OF 13 TH AND K AYE. A-177-30 ELEVATION: 96,30 FLOOD ZONE DESIGNATION: THE PROPERTY SHOWN ON THIS MAP IS NOT WITHIN THE 500 YEAR FLOOD PLAIN AND IS DESIGNATED ZONE X. AS SHOWN OF MAP PANEL 06073C-1912F DATED JUNE 19. 1997. TOPOGRAPHY: BY FIELD SURVEY METHODS USING NIXON 420 TOTAL STATION. SURVEYOR'S STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH TH E REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF DAVID G. HARGROVE ANO BING MINERVA ON OCTOBER 6. 1999 AND I STATT THAS RAE SPIV Y IS TRUE AND COMPLETE AS SHOWN. //aYeA..be.'14X 1999 E. GARY CHAPMAN. LSB669 DATE MY LICENSE EXPIRES 6-30-2000 NAP PERPARED NOVEMBER 15, 1999 City of National City, California COUNCIL AGENDA STATEMENT October 24, 2000 MEETING DATE AGENDA ITEM NO. 12 ITEM TITLE CONSIDER JOINING AMICUS CURIAE BRIEFS IN ALAMEDA BOOKS V. CITY OF LOS ANGELES, LIM V. CITY OF LONG BEACH, AND CORVETTE V. DEPARTMENT OF TRANSPORTATION PREPARED BY George H. Eiser, III DEPARTMENT City Attorney EXPLANATION The League of California Cities has urged cities to join as amicus curiae in the following cases: Alameda Books v. City of Los Angeles. The Ninth Circuit Court of Appeals invalidated an ordinance of the City of Los Angeles which prohibited two adult businesses from locating within the same building. The Court's opinion would require a city to prove how each type of adult business or behavior actually produces a harmful secondary effect. This imposes a new burden on local government in regulating such businesses. Lim v. City of Long Beach. Involves another adult business regulation, this one enacted by the City of Long Beach, which was invalidated by the Ninth Circuit Court of Appeals. The Court held that in implementing adult entertainment zoning ordinances, a city bears the burden of proof to show there is a reasonable range of alternative sites at which adult businesses may locate, and that there must be a "genuine possibility" that such sites may become available for a commercial use. Cornette v. Department of Transportation. Government Code Section 830.6 exempts pubic entities from liability for conditions of public property where the improvements for the property were reasonably designed or approved. The court, not the jury, traditionally determines the question of reasonable design or approval. In Cornette, the Court of Appeal decided that the jury should decide this issue. Envin erttal Review X N/A Financial Statement There is no financial impact to the City. Account No. STAFF RECOMMENDATION Authorize City Attorney to join National City as an amicus curiae in these cases. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS l Listed Below : N/A Resolution No. A-200 (9/S0) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE Octnhpr 24 2000 13 AGENDA ITEM NO. (-ITEM TITLE Use of the South Room of the Community Center for a CalPERS Workshop PREPARED BY Burton Myers DEPARTMENT Public Works EXPLANATION North American Mortgage is requesting use of the South Room of the Community Center for a Home Loan Workshop through CaIPERS. The event is being requested for Tuesday November 14, 2000 from 2:00 p.m. to 7:00 p.m. They are expecting 100 people to attend from local public agencies and school districts. Costs: Building $117.25 Custodial 78.19 Total: $195.44 As this group does not fit into an acceptable category of use listed in the Council adopted "Rules and Regulations for Use of the National City Community Center", City Council approval is required. If approved, insurance of $1 million must be provided ten days (November 4, 2000) prior to the event date. Environmental Review Financial Statement $195.44 to the General Fund. STAFF RECOMMENDATI X A 411,101MA iLl It is recommended that Cou ,cil make a determination w -they this group can use the facility as requested. Account No. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Application for use of the Community Center North American Mortgage letter dated October 16, 2000 Resolution No. A-200 (9/80) APPLICATION FOR USE OF THE NATIONAL CITY COMMUNITY BUILDING TO ALL APPLICANT& 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 _... /4471 tte/t' /04)ef6 € Business Address MO V'F ). : '!JS * 5 04 t)4a ct Name of Applicant felt/ Ai 4.64441V Address % ( YO S4iJ p,J "VC, a L..4 . C:4 -' Telephone Number (g 3) (.4,406, fact(clay) (1,13) 4/04- t mai (evening) Type of Function (")eh, I tPEA C eat gigg firflo .1 ladle ilof Date Requested ff- f'1 ® + Decorating Time ;?;oc (am/ to •7f (atnle Function Time ! 36 (art/, to 7 a'G (am/ t�rt Use of .Kitchen Facility yes no Use Time Clean-up Number of Participants 5.0 Will Admission be charged? A/Q If yes, Amount $ Will this event be used as a fund raising event? At Willalcohol be served? _ NG ABC Permit Submitted? NI..41- Certiftcate of Insurance attached? 4,407 Ay4j,edvAiG Evf c }L Scepput"l) - Special configuration of tables or chairs required? A (If yes, attach sketch) Special equipment required? A (If yes, attached list) Copy of Rules & Regulations provided? WA, Initial 1 CERTIFY THAT 1 HAVE RECEIVED A COPY OF THE RULES & REGULATIONS Png, 'ray e'reMli nkTilf CENTER. AND: AGREE FOR MY ORGANIZATION TO CONFORM TO AU, OF ITS PROVISIONS. (am/pm) to (atn/pm) to 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 Me payment of property taxes levied nn such interest. Applicant further agrees to pay any and all properly 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. Dare 10-16-2000 10:52AM FROM Oct-16-00 10:21A P. 2 P.02 CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are requited to provide a minimum of S I,000,000 combined single limit insurmce 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 Agrccment. Certificate of Insurance must he attached to this permit. Organization 44RI7-t EQ f 1 Aleg,.4e. r Person is charge of activity ( /t! & E tG © y Address (rf�� c471/ U/ ter-! 14- qa/felephone City facilities andloa property requested •'I7 Wqn Cd7/ 411101 - era Date(s) of use br / y ' HOLD HARMLESS AGREEMENT The undersigned hereby agrec(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. Certificate of Insurance Approved by Rev. tlz l loft f'-i , e o Official Title Date Name & Title 2 10-16-2000 11:40AM FROM P. 1 City Of National City 1243 National City Blvd National City, CA 91950 10/16/00 Re: Use of community center. Dear Sirs: The following is a summary of the event for which I am requesting permission to use the Community Center on November 14 `. Type Of Event: Home Loan Workshop Topics Of Discussion: The title of the workshop is "What Lender's Don't Want You To Know". It is an overview of the mortgage lending industry from a consumer protection perspective. Attendees will learn the five basic methods by which mortgage lenders calculate and charge fees, and how to better negotiate them. This is industry `inside' information that is not generally known to consumers. Also discussed will be advantages offered by the CaIPERS and CalSTRS Member Home Loan Programs in the area of consumer protection, and down payment assistance. Admission: There will be no charge for admission, materials, or refreshments. Nothing will be sold at the event It will be open to anyone who wishes to attend, and will be advertised specifically to employees of local public agencies and school districts. Time/Date: Date requested is November 14t, 2000 from 2PM to 7PM. If approved, there will be two sessions offered: The first running from 3:30PM to 4:30PM and the second from 5:30PM to 6:30PM. The time before and after the event will be used for setup and cleanup. Expected Attendance: Approximately 50 people per session. References to other public agencies at which this event has been held are available upon request Also available is an audio tape and/or videotape of previously held events. Kevin Melody Public Agency Liaison North American Mortgage Co. 1140 Sanborn Ave: Los Angeles, CA 90029 323-666-1182 Direct 323-666-1188 Fax kmelody®earthlink.net City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 24, 2000 14 AGENDA ITEM NO. / ITEM TITLE TEMPORARY USE PERMIT — FULL GOSPEL BUSINESS MEN'S FELLOWSHIP INTERNATIONAL PREPARED BY Kathleen Trees, Director RT E T Building and Safety EXPLANATION This is a request from the Full Gospel Business Men's Fellowship International San Diego - South Bay Chapter to conduct a one -day event in Kimball Park to give non-perishable food, clothing and blankets to homeless people to order to provide them with encouragement. The event will take place from 10:00 a.m. to 12:00 p.m., on Saturday, December 9, 2000. The area requested is the patio area by the restrooms. The Police and the Parks and Recreation Departments are requesting that the City Council deny the Temporary Use Permit. Both Departments feel that the park currently has problems with the homeless sleeping there and that this Temporary Use Permit will increase the existing problems. Environmental Review Financial Statement X N/A The City has incurred $263 in costs for processing the T.U.P. through various City departments. Account o. STAFF RECOMMENDATION Deny the Application for a Temporary Use Permit based on the Police and Parks and Recreation Departments recommendations. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application for a Temporary Use Permit with recommended approvals and Conditions of Approval A-200 (9/80) City of National City Building & Safety Department Ei `)6d`IG AND Sil5Elif C E..1- 1243 National City Blvd., National City, CA 91950 RECEIVED Application For A Temporary Use Permit )�..•2000 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. 'n r!C ','°`)AI t"iTY, CAL- 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. p.. i) -- b a X , 1-1 l • ch p / t}.0S%e S psw'- b k £ $ ®c+-i-h• i (i Please Complete: (Print or Type) t u f/ . (&ccp. c / , B U C t f0 E SS • tvi.il Ail - poi( n w _T% 1 r .) N i g. Sponsoring Organization(s): ,. I., „q D , i c� r, i N -i' f iL . � •r b i. j N iti;v -re OrganizationAddress: q 0 R o • N:C I: 0 P i i} E S. % - e �/ R �' 1 '- Stste:h Zip: Phone: f) LI 0 ` 7S�'i City: Mb/ ILV9 7 Locatio o vent: k j p, bA I L Pt'C - pA- tk - Id- L•/7n - icl t_A' - t't is-c',� C Dates(s) Requested for Event: t- / - _ - - _ _ a' )o Hours of Use on Day of Event: From: f 0! - A C. First Setup Day: Time: 0(% eardown - Date. 11 C • _ _ Time: M ra P - Date: �/ �5^ 6- Last Day: Setup - Date:'' r1, p 0. M Teardown - Date: - 4 g C, r Time: Cs_ . _Time:1 Brief Description of Even A summa'fy of the event be the lj 'on): N Coy 1. pt E' pt. F 'Z'd �� )s/p. PEONs. ►,)llb! n 4c� QLANt�£ • �01- PCRnn�ii. Name Person Responsible For The Event Who Will Be On -Site e Day Of The Event:i How May This Person Be Contacted? 6( cr.. y -17 - i q �, ',o F q U 10 A t pis 0 p Justification: Request to Sell or Serve Alcohol Beverages: Yes [ ] ] Will Food/Drinks Be Sold: Yes [ ] (i`lo [ ] Note: The City Council will not approve the sale or consumption o hol in City parks in conjunction with any event requiring a P. This prohibition will not impact the existing policy regarding the sale or consumption of alcoh 1 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 [ ] -lf"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: PO Security Control: e Re,%./ Pt •- Parking/Barricades: - . ") ' tlk © Exterior Lighting/Electrical: 0 .n-- M Trash Disposal/Site Clean-up After ) ent: A .- � —* Sanitary Facilities: m O f- P - Name of Applicant: �� (yy�„z ,. Address: ® f' , ll "A j 1 , th t� J c CFI . qi 6i $ c7 (�0 Phone: ) ei % 7 '% C Gy� 0 ,to... Signature o Applicant: ® ,. Date: 2 -CL) This Form Becomes A ermit When Endorsed ByThe Building& SafetyDirector (over) vFJ Officers President/Founder: 1st V. President: 2nd V. President: 3rd V. President: Secretary: Treasurer: Board of Directors Administration: Banquet Administrator: Business Manager: Communications: Computer Services: Discipling: Distribution: Mailing: Tapes: VoI:e/Filers: Finances: Government Affairs: Healing: Host: Media: Audio: Photography: Television: Video: Meeting Arrangements: Membership: Prayer: Prison Ministry: Publicity: Street Ministry: Tract Ministry: Ushers: Visitation: International Director Richard ShakerIan Field Representative Bill Stinson • BM Stinson B91 Hoover Fred Bohn Don Hats Don Clark Daniel Canez Bill Stinson Daniel Caner Don Clark Rob Seaman Ronald Mundis BM Hoover Bill Hoover Ruben Rodriguez Rob Seaman Lester Hays Steve Ranney Steve Ranney Ken Glass Fred Bohn Don Harz Gregg Seiveno Lee Williams Rob Seaman Don Clark Board of Advisors Dr. Ben Griffith Bishop George D. McKinney, Jr. Rey Soto Monthly Dinner/Testimony 1st Monday, 7110 P.M. South Bay Banquet & Conference Center 4475 Bonita Rd., San Diego Men's Breskfpt 2nd and 4th Saturdays 8:00.10:00 A.M. Jimmy's Fireside 3rd a Oxford Chula Vista Business Meeting 3rd Monday -Members 7:00-9:00 P.M. Jimmy's Restaurant Plaza Blvd. CO Int. 805, National City SAN DIEGO-SOUTH BAY CHAPTER . Full Gospel Business Men's Fellowship International P.O. Box 172, Chula Vista, CA 91912 (619) 475-5036 Bonita, Chula Vista, Imperial Beach, National City, Otay, Paradise Hills, San Ysidro, South San Diego, Spring Valley, Sweetwater September 25, 2000 TO WHOM IT MAY CONCERN: ALFRED MORALES has requested that we send you a letter of recommendation regarding his ministry -to the street people. Al has been associated with us for over a year now and we see him doing very well. We are aware that he is already in a hospital visitation ministry and we certainly encourage him in all of this. He explained to us that in order to help the street people with food, clothing', blankets and most especially, encouragement he needs to apply for a permit to do so. May we thank you in advance for your consideration and approval,:; of the request for the permit for Alfred Morales to fulfill' this desire to help these less fortunate people and to help, them become solid productive citizens. Sincerely, Bill Stinson A group of men taking the Good News of Jesus Christ today to the local community through the word of our testimony; in the Power of the Holy Spirit (Rev. 12:11, Act 1:8) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: EVENT: DATE OF EVENT: TIME OF EVENT: APPROVALS: PLANNING FIRE FINANCE POLICE PARKS & RECREATION CITY ATTORNEY RISK MANAGER PUBLIC WORKS ENGINEERING CONDITIONS OF APPROVAL: Full Gospel Business Men's Fellowship Distribute free items to the homeless Saturday December 9, 2000 10:00 a.m. to 12:00 p.m. YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [ ] NO [ x ] YES [ ] NO [ x ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [x1 NO [ 1 FIRE 336-4550 1. Fire access to be maintained at all times. SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ 1 PARKS & RECREATION 336-4290 1. Area desired is available. However, due to the number of homeless already in Kimball Park, and the various problems they present, we recommend against any activity, which will encourage other homeless people into the area. CITY ATTORNEY 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insured's, with amounts of coverage to be determined by the Risk Manager. RISK MANAGER 336-4240 1. Provide minimum limits of one million dollars per occurrence of general liability insurance. 2. Name the City of National City and it's officials, employees, agents and volunteers as additional insured's on all policies. 3. Execute standard hold harmless. Done POLICE 336-4400 1. Oppose the use of Kimball Park for this event, or other similar events, which may be proposed in the future. FINANCE 336-4330 1. A Business License is required if monies are solicited, admittance charged or food, beverages or merchandise is sold. Each separate vendor must have a separate business license. 2. If the church is currently licensed, they may operate on that existing license. 3. If there are other vendors or organizations participating and they are registered not -for - profit there will not be a charge for their business 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 by attached to this permit. Organization fj ( I J7 ( IM F i., ovve5;I 1 f% / {%) '5PN 1911ZD UNIVOZ&L Person in charge of activity A LFi 'lo Address q/C) Pr i\MDiJ'L • Cif\'(/ /Q(m q(A. 0 eTph�One A 7 7c(00 Date(s) of use d "1 POP '1219 i20 o�ca 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. 7/114) Signdture of Applicant Official Title Date (For Office Use Only) Certificate of Insurance approved 198712 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October24, 2000 15 AGENDA ITEM NO. (-ITEM TITLE NOTICE OF DECISION — CONDITIONAL USE PERMIT FOR A MARTIAL ARTS STUDIO AT 2505 E. DIVISION STREET, SUITE C. APPLICANT: MARCELINO DELEON. CASE FILE NO. CUP-2000-23 PREPARED BY Charley Marcchheesano DEPARTMENT Planning The proposed martial arts studio will provide exercise, education, and recreation opportunities for members of the community. The martial arts studio will occupy a 893 square foot lease space within an existing shopping center at the northeast corner of the intersection of Euclid Avenue and Division Street. The applicant will teach martial arts to up to 20 students per class on weekday evenings and Saturday afternoons. EXPLANATION Plans for the lease space show a large open area and a small bathroom in the rear. Students will enter and exit through the front of the building, which faces the shopping center parking lot. There are no doors or windows on the back of the building, and no potential for disturbance to the homes behind the shopping center. The Planning Commission approved the Conditional Use Permit after holding a hearing October 2, 2000. There was no opposition. Conditions of approval limit enrollment to 20 students per class and allow special events (such as belt tests) to be held on Saturday. Environmental Review X N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION rztp Staff concurs with the Planning Commission's decision and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Vote: Ayes — Unanimous ATTACHMENTS ( Listed Below) Resolution No. 1. Planning Commission Resolution No. 24-2000 2. Location Map A-200 0. 99) RESOLUTION NO. 24-2000 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A MARTIAL ARTS STUDIO AT 2505 E. DIVISION STREET, SUITE C. APPLICANT: MARCELINO DELEON. CASE FILE NO. CUP-2000-23. WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a martial arts studio at 2505 E. Division Street, Suite C, at a duly advertised public hearing held on October 2, 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-2000-23 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 October 2, 2000, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the shopping center is large enough to accommodate a martial arts studio and the necessary parking area. 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 use will take place in an existing shopping center served by Euclid Avenue and Division Street, arterial streets. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since it will be conducted in an entirely enclosed building in an existing shopping center. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will provide recreational and educational opportunities for members of the community. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes a martial arts studio with a limit of 20 students per class, in conformance with Exhibit A, Case File No. CUP-2000-23, dated October 2, 2000, and the following conditions of approval. 2. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 3. The occupancy load shall not exceed 133 people, as determined by the Fire Department. 4. If the occupancy load is expected to exceed 50 people at any one time, exit doors must be opened in the direction of travel. 5. A minimum of one 2-A:10-B-C fire extinguisher is required on the premises. 6. Special Events such as "Belt Tests" shall be held on Saturdays only and shall not exceed the maximum occupancy load. 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. 8. 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 National City 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 October 16, 2000, by the following vote: AYES: UNGAB, PARRA, GODSHALK, VALDERRAMA, BACA, MARTINELLI, DETZER. NAYS: ABSENT: (/JjtABSTAIN: CHAIRMAN Existing Buildings PELUSA Shopping Center Site Ma Proposed Martial Arts wIlkin Zone Boundary Studio NATIONAL CITY PLANNING DRN. DATE: 9/6/2000 INITIAL HEARING: 10/2/2000 10/23/2000 14:57 17604317223 SUSAN MALDONADO PAGE 01 Date: October 23, 2000 To: Mr. Mike Dana, City Clerk From: Susan Maldonado on behalf of the Residents of 14th & "O" Avenue Message: Mike -• per our conversation earlier this afternoon, following is the letter we spoke about for the October 24th City Council Meeting. I appreciate any assistance you can provide in disseminating and reading this at the council meeting. Please don't hesitate to call if you have any questions. Sincerely, Susan Maldonado 760/931-9858 10/23/2000 14:57 17604317223 SUSAN MALD0NADO PAGE 02 October 23, 2000 George Waters, Mayor of National City 1243 National City Blvd. National City, CA 91950 Subject Ron Morrison, National City Councilman Dear Mayor Waters; The neighbors of 14th & "C ' Avenue in National City would like to bring to your attention a situation that occurred recently in our neighborhood that without the help of your City Council, namely Ron Morrison, could have very easily escalated into a serious gang or drug related problem. To briefly outline our situation, a gang element had settled into a home in our neighborhood that brought with it the gang -type traffic and late night noise that is associated when this happens. After many neighbors witnessed this along with a garbage build-up in the back yard for over 5 months, a call to Mr. Morrison was made. We explained our situation to him and conveyed our concern for safety in our neighborhood due to this traffic. The very same day Mr. Morrison came to our street to visit and observe the site. To our satisfaction within that very week progress had started to be made. We witnessed a decrease in the traffic and noise and had been told that the property management company, which was responsible for the house, was taking steps to evict the tenants. Ultimately, all the occupants were removed, the garbage was picked up and the house is now being restored for future tenants. The purpose of this letter is to express our gratitude for Mr. Morrison honesty and dependability in the role he took to help us with our problem. When situations arise that could potentially effect the safety and living conditions of our neighborhoods we are very pleased to know that Mr. Morrison is available to make changes happen, and happen quickly. it is our request that this letter is read at the next City Council meeting and included in the Council meeting minutes. Sincerely, The Residents of 14t° & "0" Avenue. National City, 91950 CC: Councilman Miitch Beauchamp Councilman Ralph Inzunza Councilman Ron Morrison Councilman Fred Soto