HomeMy WebLinkAbout2001 01-16 CC AGENDA PKTAGENDA OF A REGULAR MEETING
NATIONAL CITY COUNCIL
COUNCIL CHAMBERS
1243 NATIONAL CITY BOULEVARD
REGULAR MEETING - TUESDAY, JANUARY 16, 2001 - 3:00 P.M.
i
OPEN TO THE PUBLIC
PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE
COMMENCEMENT OF THE MEETING AND SUBM►T IT TO
THE CITY CLERK
IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR
CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL
GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF
NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY
MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO
CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO
KNOW THAT WE APPRECIATE YOUR INVOLVEMENT.
ROLL CALL
PLEDGE OF ALLEGIANCE TO THE FLAG BY THE CITY MANAGER, TOM
MCCABE
INVOCATION
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF JANUARY 9,
2001.
COUNCIL AGENDA
01/16/01 Page 2
MAYOR'S PRESENTATIONS
North Park Trophy
Locke Construction Company
PRESENTATIONS
Employee Introduction Program
PUBLIC HEARING
1. Public Hearing - To solicit National City's resident's views and opinions
regarding the Housing and Community Development needs of lower income
residents. (Community Development Commission)
CONSENT CALENDAR
Consent Calendar: Consent Calendar items involve matters, which are of a routine
or noncontroversial nature. All consent calendar items are adopted by approval of a
single motion by the City Council. Prior to such approval, any item may be removed
from the consent portion of the agenda and separately considered, upon request of a
Councilmember, a staff member, or a member of the public.
2. Resolution No. 2001-5
Resolution of the City Council of the City of National City establishing
standardized procedures for the procurement of police canines without bidding.
(Police)
3. Resolution No. 2001-6
Resolution of the City Council of the City of National City authorizing the City
Manager to apply for funds from the State of California for the rehabilitation of
the baseball field and irrigation system in Kimball Park. (Parks & Recreation)
COUNCIL AGENDA
01/16/01 Page 3
CONSENT CALENDAR (Cont.)
4. Resolution No. 2001-7
Resolution of the City Council of the City of National City authorizing the Mayor
to execute an Agreement with Project Design Consultants, Inc. to provide "as
needed" construction and land surveying services for the City's Capital
Improvement Projects and various other land surveying needs. (Engineering)
5. WARRANT REGISTER #28 (Finance)
Ratification of Demands in the amount of $376,355.60.
NEW BUSINESS
6. Estimated shortfalls for utility payments to SDG&E for Public Works' Facilities
Maintenance and Streets Divisions for FY-00-01. (Public Works)
7. Status Report of the increasing costs being charged to National City by San
Diego Metropolitan Wastewater for treatment of our sewage. (Public Works)
8. Status of Public Works' Equipment Maintenance Gasoline, Oil and Lubricants
Account 643-422-224-314. (Public Works)
9. Report on shopping center development on the north side of 8th Street, between
N Avenue and Palm Avenue. (Case File No.: SP-1993-1) (Planning)
10. Comments on draft EIR for South Bay Pump Station and Conveyance System.
(Planning)
COUNCIL AGENDA
01/16/01 Page 4
NEW BUSINESS (Cont.)
11. Notice of Decision - Denial of a Planned Development Permit application for a
93-unit extended stay hotel at the northwest corner of Plaza Boulevard and
Interstate 805. (Applicant: Matt O'Shea for Extended Stay America) (Case File
No.: PD-2000-9) (Planning)
12. Notice of Decision - Conditional Use Permit for a tattoo parlor at 914 E. 8th
Street. (Applicant: Michael Shipley) (Case File No. CUP-2000-29) (Planning)
13. Notice of Decision - Conditional Use Permit for a wireless communication facility
at 2701 East 8th Street. (Applicant: Tim Kolset, WFI for Sprint) (Case File No.
CUP-2000-27) (Planning)
14. Notice of Decision - Conditional Use Permit for a wireless communication facility
at 2701 East 8th Street. (Applicant: Krystal Patterson, Plancom for Pacific Bell)
(Case File No. CUP-2000-19) (Planning)
15. Notice of Decision - Conditional Use Permit for a wireless communication facility
at 2701 East 8th Street. (Applicant: Mark Linman, Gianni and Associates for
AT&T) (Case File No. CUP-2000-24) (Planning)
-* CITY MANAGER
-* CITY ATTORNEY
OTHER STAFF
COUNCIL AGENDA
01/16/01 Page 5
NEW BUSINESS (Cont.)
— > 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.
CLOSED SESSION
Conference with Legal Counsel - Existing Litigation Government Code Section
54956-9 (a)
Arturo A. Gonzalez and Maria D. Gonzalez, et al. v. City of National City
San Diego Superior Court Case No. GIS 4641
ADJOURNMENT
Next Regular City Council Meeting - January 23, 2001 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
City of National City
Personnel Department
1243 National City Boulevard
National City, CA 91950-4301
Phone: (619) 336-4300
TDD: (619) 336-4304
MEMORANDUM
DATE January 9, 2001
TO Park Morse, Assistant City Manager
FROM Roger C. DeFratis, �r✓_ it for
SUBJECT : EMPLOYEE INTRODUCTION PROGRAM
REVISED
The City Council has requested that all new full-time employees hired each month be
invited to the third City Council meeting of each month.
The attendance of the employee is voluntary and will not be paid overtime for such
appearance.
The below department director(s) are requested to extend such an invitation to the listed
employee(s) and confirm the employee(s) attendance, if applicable, with the City Manager
by the Thursday preceding the meeting.
EPARTME: _.
..............................
...............................
DIRECTOR.
Park Morse
Ryan Hyland/Management Analyst Ill
December 11, 2000
Chief DiCerchio
Mary Selvig/Senior Office Assistant
Carla Even/Police Dispatcher
Gaddis Woolsey/Police Officer
December 7, 2000
December 12, 2000
December 19, 2000
xc: Chief DiCerchio
RCD:Im
Employee Intro
® Recycled Paper
MEETING DATE
City of National City, California
COUNCIL AGENDA STATEMENT
January 16, 2001
AGENDA ITEM NO. 1
(-ITEM TITLE PUBLIC HEARING. TO SOLICIT NATIONAL CTTY'S RESIDENTS VIEWS ANIN
OPINIONS REGARDING THE HOUSING AND COMMUNITY DEVELOPMENT NEEDS OF LOWER
INCOME RESIDENTS.
PREPARED BY
EXPLANATION
Paul Desrochers
Executive Director
DEPARTMENT CDC
The purpose of today's public hearing is to receive input from the residents of National City regarding the
housing and community development needs of lower income residents. This public hearing is required by HUD
before the writing of the FY 2001-02 Consolidated Plan Annual Plan. A copy of the City's Citizen
Participation Plan can be seen in Attachment #2 to this report.
Each year the City completes a process to solicit and approve programs and projects eligible for federal funding.
The Department of Housing and Urban Development (HUD) has informed the City that $1,463,000 in
Community Development Block Grant (CDBG) and $705,000 in HOME Investment Partnership Act (HOME)
funds will be available for the Consolidated Plan program year 2001-02.
In 2000, HUD Consolidated Plan regulations required the City to complete a new Five -Year Consolidated Plan
and a One -Year Annual (Action) Plan for FY 2000-01. For FY 2001-02, the City will complete a new Annual
Plan due to be released for 30 days of public review from March 1 through April 1, 2001. The City Council
will review the Annual Plan at a Public Hearing tentatively scheduled for March 20, 2001.
Environmental Review
Financial Statement
None
N/A
Account No.
STAFF RECOMMENDATION
That the City Council conduct a Public Hearing to solicit public input regarding the housing and communi
development needs of lower income residents.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
1. Public Hearing Notice
2. Citizen Participation Plan
Resolution No.
A-200 (9/80)
PROOF OF PUBLICATION PRINCIPLE CLERK
(2015.5 C.C.P)
STATE OF CALIFORNIA,
County of San Diego:
I am a citizen of the United States and
a resident of the county aforesaid; I am
over the age of eighteen years, and
not a party to or interested in the
above -entitled matter. I am the
principal clerk of the printer of THE
STAR NEWS, a newspaper of general
circulation, published ONCE WEEKLY
in the city of National City and the
South Bay Judicial District, county of
San Diego, which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of San Diego,
State of California, under the date of
April 23, 1951, Case Number 182529;
that the notice, of which the annexed is
a printed copy (set in type not smaller
than nonpareil), has been published in
each regular and entire issue of said
newspaper and not in any supplement
thereof on the following dates, to -wit:
1/5
all in the year 2001
Dated at Chula Vista, California 91910
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
this 5th day of January 2001.
Signature
This space is for the County Clerk's filing stamp
Proof of Publication of
NC 13631
Public Hearing
J 1 I.
Ally IY FI +`fi'ti '. 1:1
tri
:;4L' ti
City of National City
HUD CONSOLIDATED PLAN
Citizen Participation
TABLE OF CONTENTS
IL CITIZEN PARTICIPATION II-1
A. Participation II-1
B. Access to Meetings lI 1
C. Access to Information II-2
D. Technical Assistance II-2
E Publishing the Plan II-3
F. Public Comments II 3
II. CITIZEN PARTICIPATION
A. PARTICIPATION
Citizen participation is one of the most important components of the Consolidated Plan
process. The City of National City Comffimity Development Commission (CDC) will utilize
the following strategy to solicit meaningful community input in preparing all of the City's
Consolidated Plan activities. The public is encouraged to participate in the development of
all Consolidated Plan activities including any substantial amendments, annual plans and
performance reports.
Every Winter, the City begins the application process for the Community Development Block
Grant (CDBG) and HOME Investment Partnership Act (HOME) programs. The City
receives an annual allocation of fimds from the Department of Housing and Urban
Development (HUD) for both of these programs. The actual amount of the allocation for
both programs rhinges every year and depends heavily upon the amount of funds HUD is
allocated from the Federal Budget. In the recent past, however, the sum of both allocations
has been approximately S2,000,000 a year.
1. Public Hearings/Meetings
The City Council will hold two public hearings every Consolidated Plan program year. The
first public hearing will be held in December or January before the Consolidated Plan is
published for comment. The second public hearing will be held during April or May before
the Annual Plan is approved.
In addition, several public meetings will be held during February and March before the
Housing and Community Development Committee (H&CDC) to discuss housing and
community development needs and priorities and hear presentations from all applicants. The
H&CDC will make recommendations to the City Council on how the CDBG and HOME
funds should be spent.
2. Community Development Needs Assessment Survey
The Community Development Needs Survey was one ofthe methods of input used to develop
the priorities for expenditure of CDBG and HOME funds by asking a broad segment of the
community about their housing and community development needs. The surveys were printed
in both English and Spanish, and were distributed to both low and moderate and other
neighborhoods within the City. A total of 81 persons responded to the survey, ranking
priority needs for the following categories: commcmity ficllities, infrastructure improvements,
community services, accessibility for the disabled, economic development, and housing.
Survey results are contained in Appendix A of the 1995-2000 Consolidated Plan.
B. ACCESS TO MEETINGS
The City of National City allowed adequate, timely notification of all public hearings and
meetings. The public hearings and meetings conducted at various stages of the Consolidated
City of National City
HUD Consolidated Plan f1-1
Plan process will be advertised in the Star News newspaper and through other methods of
public notice, including posting at the Library and City Hall. If you are disabled in any way
and require assistance in participating in the above meetings, please call Ben Martinez at (619)
336-4250 for further information. Bilingual staff will also be on hand for persons that cannot
speak English
C. ACCESS TO INFORMATION
As part ofthe 30-day public comment period, copies of all Consolidated Plan documents will
be available for the public to read at the following locations: the Community Development
Commission office and the National City Public Library.
At the end of the 30-day period, the City Council will adopted all documents and authorize
transmittal to HUI) for approval The final Consolidated Plan, amendments to the Plan, and
annual performance reports will be available for five years at City Hall. 30 days will be
provided to receive public comment on substantial amendments, if any. 15 days will be
provided to review all performance reports.
Residents affected by the Plan's implementation will have access to the City's plans, to
minimize displacement and to assist those displaced, if any, as a result of the Plan's activities.
In all cases of displacement, the City will follow all regulations in HUD's Handbook 1378.
The City will take the following steps to minimize displacement: 1) Coordinate code
enforcement with rehabilitation and housing assistance programs; 2) Stage rehabilitation of
apartment units to allow tenants to remain in the building complex during and after
rehabilitation working with empty units first; 3) Arrange for facilities to house persons who
must be relocated temporarily during rehabilitation; and, 4) Consider the use of Section 8
Vouchers and Certificates for displaced families.
City staff will ensure adequate notification of any public hearings related to significant
amendments and performance reviews of the Consolidated Plan. Advance notice of public
hearings will be printed in a newspaper of general circulation at least ten days prior to the
meeting date.
In addition, the City will ensure reasonable access to information and records related to the
development of the plan and to the expenditure of resources for programs funded by CDBG
and HOME for the past five years.
D. TECHNICAL ASSISTANCE
City staff will notify public meeting participants and other commamity members who
represent lower and moderate income groups about technical assistance available in order to
develop finding requests for CDBG and HOME fiords. Technical assistance for such groups
includes helping them understand the program requirements and determination of
eligible/ineligible activities; suggestions on structuring new programs, and assistance in
completing the application.
City of Vational City
HUD Consolidated Plan
11-2
Citizen Partrcination
E. PUBLISB1NG THE PLAN
A Summary of all Consolidated Plan documents (except performance reports) will be
published in the Star News newspaper and copies will be available for review at the
Community Development Commission office at no cost to the public.
G. PUBLIC COMMENTS
During the 30-day public review, commimity members will have the opportunity to comment
on the draft Consolidated Plan Annual Plan. Community members are encouraged to submit
comments during the development of the Plan, and will also be encouraged to submit
comments to any subsequent Plan amendments, and to the annual performance report to the
Plan. Written and verbal comments expressed during the comment period will be considered
and summarized in Appendix C of the Plan.
The City will make an effort to respond in writing within 15 working days to written
comments and will make an effort to respond in the same amount of time to future comments.
Complaints regarding the Consolidated Plan process must have been made within the 30-day
public comment period, and City staff made an effort to respond to complaints within 15
working days from the date of the complaint, where practical Complaints regarding Plan
amendments and annual progress reports must include: 1) a description of the objection with
supporting facts and data; and 2) name, address, telephone number, and date of complaint.
City of National City Citizen Parricioation
HUD. Consolidated Plan /1--3
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE January 16, 2001
2
AGENDA ITEM NO.
ITEM TITLE RESOLUTION ESTABLISHING STANDARDTZFD PROCEDURES FOR THE
PROCUREMENT OF POLICE CANINES
PREPARED BY SKIP DiCERCHIO DEPARTMENT POLICE DEPARTMENT
EXPLANATION CHIEF OF POLICE
The local canine academy is run by the San Diego Police Department. Prior to
placement into the academy, all dogs must be evaluated and tested by SDPD personnel. To
maintain consistency in the process, and take advantage of the SDPD expertise in selecting dogs
suitable for police work, it is imperative that we obtain the dogs from SDPD's current vendor.
Historically, this has been our practice. However, time is of the essence in meeting academy
dates, and in an effort to speed up the procurement process, formal standardization of the process
is required. The vendor for the canine purchases is Aderhorst International.
Currently, one police canine has reached the end of serviceability and the other canine is expected
to be unserviceable in the near future. Both canines are experiencing health problems and they
will need to be replaced. Total cost of current needs is notto exceed $15,000. As part of the
Department's continuing commitment to the use of less lethal force, it is our intent to expand the
canine program as conditions permit.
Purchasing Ordinance #1480, section 12, subsection a(5), allows the bid process to be waived
when the particular type or make of commodity being purchased has been standardized by the
City Council or City Manager.
Environmental Review
Financial Statement
N/A
No impact to current budget
To bo paid for by Asset Forfeiture Foods
STAFF RECOMMENDATION
Approve Request
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
Resolution
1 j11cctiuncio. 2001-5
Resolution No.
A-200 (9/80)
RESOLUTION NO. 2001— 5
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
ESTABLISHING STANDARDIZED PROCEDURES FOR THE
PROCUREMENT OF POLICE CANINES WITHOUT BIDDING
WHEREAS, the local police canine academy is run by the San Diego Police
Department (SDPD) whose personnel must evaluate and test all dogs before placement in the
academy; and
WHEREAS, to maintain consistency in the process, and take advantage of the
SDPD expertise in selecting dogs suitable for police work, it is imperative that the National City
Police Department obtain police canines from SDPD's current vendor, Aderhorst International;
and
WHEREAS, Section 2.60.220(E) of the National City Municipal Code provides
that the Purchasing Agent may dispense with the requirements of bidding when the commodity,
furnishing, type of materials or equipment has been standardized by order of the City Manager or
the City Council.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City does hereby establish standardized procedures for the purchase of police canines
without bidding, and hereby designates Aderhorst International as the supplier of police canines.
PASSED and ADOPTED this 16th day of January, 2001.
George H. Waters, Mayor
Al !EST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, Ill
City Attorney
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE January 16, 9001
AGENDA ITEM NO.
3
/ITEM TITLE RESOLUTION AUTHORIZING THE CITY OF NATIONAL CITY TO APPLY FOR FUNDS
FROM THE STATEOF CALIFORNIA FOR REHABILITATION OF BASEBALL FIELD AND IRRIGATION
SYSTEM IN KIMBALL PARK
PREPARED BY Jim Ruiz
EXPLANATION.
Allows staff to apply for a grant of $100,000 which is part of the General Fund Local
Assistance for Parks Grant Program, fiscal year 2000 - 2001.
These funds will be utilized for rehabilitating a baseball field and the replacement
of a manual irrigation system in Kimball Park. Most of the project will involve
landscaping and irrigation work.
DEPARTMENT Parks & Recreation
Environmental Review XX N/A
Financial Statement
Applying for grant funds in the amount of $100,000.
Account No.
STAFF RECOMMENDATION
Approve resolution.
BOARD/COMMISSION RECOMMENDATION
Approval.
ATT. CHMENTS (Listed Below)
Resolution
Resolution No.2001-6
A-200 (Rev. 9/80)
RESOLUTION NO. 2001 —6
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CITY MANAGER TO APPLY
FOR FUNDS FROM THE STATE OF CALIFORNIA FOR
THE REHABILITATION OF THE BASEBALL FIELD
AND IRRIGATION SYSTEM IN KIMBALL PARK
WHEREAS, with the passage of the 2000/2001 Budget Bill (AB 1740, Chapter
52), $100,000 was appropriated to the City of National City for the rehabilitation of the baseball
field and irrigation system in Kimball Park; and
WHEREAS, the California Integrated Waste Management Board has been
delegated the responsibility for the administration of the program within the State, setting up
necessary procedures governing application by local agencies and non-profit organizations under
the program; and
WHEREAS, said procedures established by the California Integrated Waste
Management Board require the applicant to certify by resolution approval of the application
before submission of said application to the State; and
WHEREAS, if awarded a grant, the applicant will enter into an agreement with
the State of California for development of the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City authorizes the submittal of an application to the California Integrated Waste
Management Board for a 2000/2001 General Fund Local Assistance for Parks Grant Program.
BE IT FURTHER RESOLVED by the City Council of the City of National City
that the City Manager is hereby authorized and empowered to execute in the name of the City of
National City all necessary applications, contracts, agreements, amendments and payment
requests hereto for the purposes of securing grant funds and to implement and carry out the
purposes specified in the grant application.
Al LEST:
PASSED and ADOP l Et) this 16th day of January, 2001.
George H. Waters, Mayor
APPROVED AS TO FORM:
r)g
Michael R. Dalla, City Clerk George H. Eiser, III
City Attorney
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE January 16, 2001
AGENDA ITEM NO. 4
/ ITEM TITLE RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH
PROJECT DESIGN CONSULTANTS, INC. TO PROVIDE "AS NEEDED" CONSTRUCTION AND
LAND SURVEYING SERVICES FOR THE CITY'S CAPITAL IMPROVEMENT PROJECTS
PREPARED BY
Michael Long
DEPARTMENT
Engineering.
EXPLANATION
Project Design Consultants, Inc. was contracted with on September 28, 1999
through the RFQ process to provide the City with "as needed" construction
and land surveying services. Their contract length was one year and has
since expired. This resolution will renew the "as needed" surveying
services contract with Project Design Consultants, Inc. for a period of one
year beginning January 10, 2001.
Environmental Review x N/A
Financial Statement
Funding source will vary depending on specific C.I.P.
STAFF RECOMMENDAT ON
Adopt the reso
between the City and
a
tho
Account No.
n t'e Mayor to sign the agreement
roject Design Cons ltants, Inc.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
1. Resolution
2. Agreement
Resolution No. 2001-7
A-209a/80)
RESOLUTION NO. 2001— 7
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH PROJECT DESIGN CONSULTANTS, INC.
TO PROVIDE "AS NEEDED" CONSTRUCTION AND
LAND SURVEYING SERVICES FOR THE CITY' S
CAPITAL IMPROVEMENT PROJECTS AND
VARIOUS OTHER LAND SURVEYING NEEDS
WHEREAS, the City desires to employ a contractor to provide "as needed"
construction and land surveying services for the City's Capital Improvement Projects and various
other land surveying needs, and
WHEREAS, the City has determined. that Project Design Consultants, Inc. is
qualified by experience and ability to perform the services desired by the City, and is willing to
perform such services.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute an agreement with Project Design
Consultants, Inc. to provide "as needed" construction and land surveying services for the City's
Capital Improvement Projects and various other land surveying needs. Said Agreement is on file
in the City Clerk's office.
PASSED and ADOPTED this 16th day of January, 2001.
George H. Waters, Mayor
Al'1'EST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
ORIGINAL
AGREEMENT BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
PROJECT DESIGN CONSULTANTS
THIS AGREEMENT is entered into this 10th day of January, 2001 by and
between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Project
Design Consultants(the "CONTRACTOR").
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to provide "as -
needed" Construction and Land Surveying Services for the City's Capital Improvement
Projects and various other land surveying needs.
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 CON TRACTOR represents that all services required hereunder will be
performed directly by the CONTRACTOR or under direct supervision of the
CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services
as set forth in the attached Exhibit "A". The CITY will request a variety of project dependent
services using the form attached herein as Exhibit "C". All pertinent information will be
included in the request for services. The CONTRACTOR shall provide the costs for the
specific services requested using the form attached herein as Exhibit "D". The costs given in
Exhibit "D" shall be based on the unit costs listed in Exhibit "B".
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 CITY may unilaterally, or upon request from the CONTRACTOR, from
time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR
under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in
good faith and confer for the purpose of negotiating a corresponding reduction or increase in
the compensation associated with said change in services, not to exceed a factor of 10% from
the base amount.
3. PROJECT COORDINATION AND SUPERVISION.
Stephen M. Kirkpatrick, Principal Civil Engineer 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 CONTRA-
CTOR. Rex Plummer, PLS Associate 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 requested in Exhibit "C" shall not exceed the project specific
schedule given in Exhibit "D" 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 "C" as
determined by the CITY. The total compensation to be paid the CONTRACTOR pursuant to
this Agreeement shall not exceed $50,000.
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. The terms of this agreement shall be in.
force for a period of (1) one-year.
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.
2
'. tl/Vi iau tv. au end
Jan-11-01 04:05P
ll 00Y
P.02
the compensation associated with .aid change in services. not to exceed a factor of 10' from
the base amount.
3. PROJECT COORDINATION AND SiJPERVIS1OI 1,
Stephen M. Kirkpatrick, Principal Civil Engineer hereby is designated as the t-roje ct
Coordinator for the CITY and u ill monitor the progress and execution of this Agreement.
The CONTRACTOR shall assign a single Project Diroe for to provide supervision an<< have
overall responsibility for the process and execution of this Agreement for the CON I'KA-
C'TOR. Rex Plummer. PIS Senior Vice President thereby is designated as the I'reject
Director for the CONTRACTOR
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work perfornoed. Ratings
shall include labor classifcations, respective rates, hours worked and also materials, if, any.
The total cost for all work requested in Exhibit "C:" shall not exceed the project specific
schedule given in Exhibit "1J" 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 "C" as
determined by the CITY. The uttal compensation to, be paid the CONTRACTOR pursuant to
this Agreeement shalt not exceed S50,000. AO �r
The CONTRACTOR shall maintain all books, documents, papers, employee
time sheets, accounting records, and other evidence pertaining to costs incurred and shalt 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 requcsred_
5. LENGTH OF AGREEMENT. The terms of this agreement shall be in
force for a period of (I) one-year.
G. OMPOSITIQN AND OWNRRSjiIP 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
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 as the CONTRACTOR may deem necessary for
the proper and efficient performance of this Agreement.
8. CONTROL. Neither the CITY nor its officers, agents or employees
shall have any control over the conduct of the CONTRACTOR or any of the
CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly
agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or
employees are in any manner agents, servants or employees of the CITY, it being understood
that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly
independent contractors and that the CONTRACTOR's obligations to the CITY are solely such
as are prescribed by this Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR,
in the performance of the services to be provided herein, shall comply with all State and
Federal statutes and regulations, and all ordinances, rules and regulations of the City of
National City, whether now in force or subsequently enacted. The CONTRACTOR, and its
subcontractors, shall obtain and maintain a current City of National City business license prior
to and during performance of any work within the City.
3
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
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 froth or arising out
of the CONTRACTOR's willful misconduct or negligent performance of this Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State
of California, the applicable provisions of Division 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 throughout the term of this agreement, the following insurance policies:
A. Professional liability insurance with minimum limits of $2,000,000 per
claim and aggregate per year.
5
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 and $2,000,000 aggregate per year, 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
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 attomey'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
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
7
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:
Burton S. Myers
City Engineer
City of National City
1243 National City Boulevard
National City, CA 91950
Mr. Rex Plummer, PLS Senior Vice President
Project Design Consultants
701 "B" Street, Suite 800
San Diego, CA 92101
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.
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.
8
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 Exhibits and Schedules are
as follows:
Exhibit "A" = Scope of Services
Exhibit "B" = Schedule of Fees
Exhibit "C" = City's Survey Request Form
Exhibit "D" = Contractor's Project Specific Task and Fee Schedule
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
9
advisors as such party has deemed appropriate, relative to any and all matters contemplated
under this Agreement, (iv) each party and such party's counsel and advisors have reviewed
this Agreement, (v) each party has agreed to enter into this Agreement following such review
and the rendering of such advice, and (vi) any rule or construction to the effect that
ambiguities are to be resolved against the drafting party shall not apply in the interpretation of
this Agreement, or any portions hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and .year first above written.
CITY OF NATIONAL CITY CON
By:
George H. Waters, Mayor
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
.rr„.. ,sksr
(Title)
10
EXHIBIT "A"
SCOPE OF SERVICES
1. Services shall consist of providing construction and land surveying services
during design and construction phases of the City's capital improvement
projects. Service may include but not limited to the following:
Boundary Survey
Topographic Survey
- Site Planning Survey
- Subdivision Survey
Control Survey
- Construction Survey
Court Exhibit Survey
Fee shall include all necessary resources including labor, equipment,
material, and transportation required to provide these services.
2. Projects may vary in scope and magnitude. The City is not obligated to
contract all the surveying services to the retained consultant.
3. Request for services will be made with a minimum notice of (24) twenty four
hours by the City. This notice will cover all .the necessary office work
required to be performed prior to field work. Firms should be capable of
providing requested services within twenty-four (24) hours aftei receipt of
request. City may cancel a request for service at least two hours prior to the
selected time without being subject to any changes.
4. Surveying work shall be accomplished according to the Project Drawings and
Specifications, which may include San Diego Area Regional Standard
Drawings, Standard Specifications for Public Works Construction, and
Caltrans Standard Specifications and Drawings, etc. governing a particular
project, and in accordance with Subdivision Map Act, Land Surveyors Act,
and all other codes and practices applicable to the profession of surveying.
5. All reports and pertinent data obtained under the agreement between the
City and the Consultant shall be the property of the City and may not be used
or reproduced in any form without the explicit written permission of the
City. Survey cut sheets should be available in the field at the time of
Page 1 of 2
providing the service. In any case, survey cut sheets shall be available no
later than the next working day.
6. The Consultant shall certify a properly executed affidavit that they will not
perform any work for the City that could lead to a conflict of interest.
The Consultant shall notify the City of any possible conflicts of interest prior
to performing work requested by the City. A conflict of interest may include,
but is not limited to having a financial interest in any projects where services
are requested, or consulting or performing work for the developers,
investors, engineers, contractors, or materials suppliers of projects where
services are requested.
The City has the option to rescind and void the contract in the event that the
selected firm fails to properly notify the City of a possible conflict of interest.
7. The surveying services shall be provided efficiently and in timely fashion.- All
surveying services shall be performed on the basis of a standard schedule of
fees that shall be valid for the life of the contract.
8. Payment will be made base upon itemized billing submitted in accordance
with this agreement and after submittal of acceptable formal reports or 'cur
sheets. Billing should be submitted with and make reference to each report
or cut sheet, itemized as to unit cost and total billed.
Project name, specification number, date of surveying, and the dame of the
person that requested the service shall be identified on each bill. Bills that
are not complete as required in this section shall be returned unpaid.
9. Should either party fail •to uphold the contract in any part and the situation
not be resolved by negotiation, the contract may be voided by written action
of either party.
Page 2 of 2
PROJECTDESIGN CONSULTANTS
PLANNING • ENVIRONMENTAL • ENGINEERING • SURVEY/GPS
EXHIBIT 'B'
SCHEDULE OF FEES
LABOR RATES/FEE SCHEDULE EFFECTIVE JANUARY, 2001
Classification Team Member Hourly Rate
Principal -in -Charge Rex Plummer, PLS $ 140
Project Manager Scott Peters, PLS $ 115
Associate Surveyor(s) Scott Hurst, PLS $ 100
Gary Hus, PLS
Associate Engineer Steve Thomas, PE $ 100
Crew Manager(s) Greg Shriver $ 90
Richard Gutierrez
Rhonda Noble
Survey/Mapping Technician
Clerical Support Staff
Two -Man Survey Crew
Two -Man Survey Crew with GPS Equipment
$ 75
$ 45
$ 140
$ 175
Reimbursable charges for blueprinting, photographic mylar reproduction,
photocopying, travel and mileage, delivery services, long-distance telephone charges,
computerized plotting, special graphic supplies, facsimiles, and other project charges
incurred on behalf of Client will be billed to Client at cost plus 10%, unless otherwise
specified.
RATIO OF CHARGEABLE OFFICE HOURS TO FIELD HOURS
The ratio of office hours to field hours can vary significantly from one project
assignment to another. Following is an estimate of office to field hours ratio for various
types of project assignments.
Type of Survey
Boundary Survey
Topographic Survey
Topographic Survey with Map
Subdivision Survey
Control Survey
Construction Survey
Court Exhibits
Office Hours Per Field Hours
2.0 1.0
1.0 8.0
1.5 1.0
6.0 1.0
1.5 8.0
2.0 8.0
2.0 1.0
MINIMUM CHARGEABLE FIELDWORK HOURS
Minimum chargeable for fieldwork are four hours per day.
* Rates are subject to renegotiation annually. The proposal is a firm offer which will
remain in effect for 60 days. In addition, all services will be performed on the basis
of the standard schedule of fees listed here and will be valid for the life of the
contract (one year).
701 B Street, Suite 800
San Diego, California 92101
619-235-6471 Tel
619-234-0349 Fax
R/WP/CON/GEN/EXHIBIT-B.DOC ® Recycled
Paper
EXHIBIT "C"
DATE:
Rex Plummer, PLS, Associate
Project Design Consultants
701 "B" Street, Suite 800
San Diego, CA 92101
Phone No: 619/881-3246
Fax No: 619/234-0349
REQUEST NO.
PROJECT TITLE:
SPECIFICATION NO.
PURPOSE OF THE SURVEYING:
PLEASE PROVIDE THE FOLLOWING INFORMATION (SPECIFY LIMIT AND
DETAIL OF SURVEYING):
REQUES I'ED BY:
APPROVED BY:
City Engineer or
Principal Civil Engineer
DATE:
DATE:
Faxed On
EXHIBIT "D"
TASK ORDER - (#)
SURVEYING SERVICES for
(PROJECT NAME)
(NATIONAL CITY SPECIFICATION NUMBER)
(Description of project)
PHASE I.
TASK A. (Description of task and deliverable)
NOT -TO -EXCEED FEE $00,000
TASK B. (Description of task and deliverable)
NOT -TO -EXCEED FEE $00,000
REIMBURSABLES* (OTHER COSTS)
REIMBURSABLES NOT -TO -EXCEED $ 0,000
PHASE 1 TOTAL NOT -TO -EXCEED FEE $00,000
PHASE II
TASK A. (Description of task and deliverable)
NOT -TO -EXCEED FEE
TASK B. (Description of task and deliverable)
NOT -TO -EXCEED FEE
REIMBURSABLE* (OTHER COSTS)
$00,000
$00,000
REIMBURSABLES NOT -TO -EXCEED $ 0,000
PHASE II TOTAL NOT -TO EXCEED $00,000
TOTAL PROJECT NOT -TO -EXCEED $00,000
PAGE 1 OF 2
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE 01/16/01
5
AGENDA ITEM NO.
ITEM TITLE WARRANT REGISTER #28
PREPARED BY ROBERT A. RABAGO DEPARTMENT FINANCE
EXPLANATION Ratification of Warrant Register #28
per government section code 37208.
CEnvironmental Review
N/A
Financial Statement
N/A
Approved By:
Fce Direct
Account No.
STAFF RECOMMENDATION
I rec en ertification of these waFrants for a total of $376,355.60
BOARD / COMMISSION RECOMMENDATION
ATTACHMENTS ( Listed Below )
1. Warrant Register #28
2. Workers' Comp Warrant Register dated 01/03/01
Resolution No.
A-200 (9-99;
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE January 16 2001
6
AGENDA ITEM NO.
(ITEM TITLE
Estimated Shortfalls for Utility Payments to SDG&E for Public Works Facilities Maintenance and Streets
Divisions for FY-00-01
PREPARED BY John Cole/Jeff Servatius DEPARTMENT Public Works
EXPLANATION
See Attached Explanation
Environmental Review % N/A
Financial Statement
STAFF RECOMMENDAT
Report is for information
ON
r!)"
Account No.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
Resolution No.
A-200 (9/80)
Explanation:
During budget preparation for FY 00-01, we contacted SDG&E and were informed that there might be
minor rate increases in the upcoming fiscal year for gas and electricity. After review of the historical data
for the two accounts utilized to pay gas and electricity bills for these divisions, the budget was prepared
with some minor increases requested. However, as a result of the much higher than anticipated
electricity and gas rates being charged, we are now faced with significant budget shortfalls.
With the high costs for electricity, and the outcry from the public, the State Legislature has imposed a soft
cap on what we can be billed for electricity by the provider. This cap did not lower the amount we are
being charged; it simply limited what the provider can bill at this time. The amount above the cap
becomes due in FY 02-03 or 03-04. Also, in October there was an increase of approximately 100% in
the cost of natural gas. This increase was not included in the cap imposed by the State Legislature and
will need to be paid from this year's budget.
Upon recent contact with SDG&E, we were informed that there would be an approximate 100% increase
in the cost of gas and electricity supplied to City buildings and a 30% increase in the cost of electricity
supplied for street lighting/traffic signals. For the Facility Maintenance Account 626-422-223-234, we
anticipate a $220,000 shortfall for FY 00-01, with $325,000± being owed in FY 02-03 or 03-04. For the
Streets Accounts, we anticipate a shortfall of $52,000, with $130,000± being owed in FY 02-03 or 03-04.
In addition, unless the State Legislation acts further, the amount that we owe in FY 02-03 or 03-04 will
continue to grow through the next two fiscal years. The following table summarizes the budget shortfalls
for FY 00-01:
Account
Total
Estimated
Energy Costs
for FY 00-01
Estimate of
Cost Due FY
00-01
Budgeted
Amount for
FY 00-01
Shortfall
FY 00-01
Estimate of
Deferred
Amount Due
for FY 00-01
City Building
and
Facilities
(Gas and
Electric)
$907,000
$582,000
$362,000
$220,000
$325,000
Street Lights
and Traffic
Signals
(Electric
Only)
$571,000
$441,000
$385,000
$56,000
$130,000
Based upon the present costs, the Facilities Maintenance Account will be depleted within 2 months, and
the Streets account within 3 to 4 months. Under this scenario we will need approximately $276,000 to
complete the current fiscal year and $455,000 set aside to pay the amount deferred for this fiscal year
that will be due in 2003 or 2004.
The figures used in this report are estimates and will change if the energy provider (SDG&E) is granted a
rate increase, or if there are further regulations from the State or Federal Governments. This report is
presented to Council to advise of the current situation, but the energy market is changing daily. We will
request appropriate budget adjustments as necessary.
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE January 16 2001
AGENDA ITEM NO.
7
ITEM TITLE
Status Report of the Increasing Costs Being Charged to National City by San Diego Metropolitan
Wastewater for Treatment of Our Sewage
PREPARED BY Joe Smith DEPARTMENT Public Works
EXPLANATION
See attached explanation.
Environmental Review
Financial Statement
X N/A
No impact as a result of this repo
Account No.
STAFF RECOMMENDAT" ON/�/ ���
Review report and provid - d ,_ /
/,. tall.
L
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
A-200 (9/80)
777,
Explanation:
The existing sanitary sewer system for National City consists of two major parts. The first part is the
local collection system, consisting of approximately 97 miles of pipeline. The local system is connected
to the second part of the system, a transmission and treatment center operated by the San Diego
Metropolitan Wastewater Department. The transmission system takes the sewage, which is collected in
the local system to the Point Loma Treatment Plant via a large transmission main. Our projected flow
rates, which determines the cost for Transportation and Treatment, is supplied to us by the San Diego
Metropolitan Wastewater Department. This year there is a substantial increase in our projected flow,
causing a significant impact to the National City Wastewater budget. The City of San Diego Metropolitan
Wastewater Department estimates our flow at approximately 5.0 MGD for FY-01, with increases in the
following years. This is an increase in flow of 1.2 MGD from approximately 3.8 MGD for FY-00. This
increase in flow is due primarily to an increase in flow monitoring by the City of San Diego. As a result of
the sudden increase, we performed our own flow monitoring and basically agree with San Diego's flow
projections. However, we take some exceptions to the sewage strength factors used in the flow
calculation. We are in the process of discussing these factors with San Diego, but the discussions, even
if successful, will have only minor effect on the flow projections.
The original projected cost for FY-01 was $3,479,000, while the new projection is $4,564,565, requiring
$1,085,565 from our Rate Stabilization Reserves. For FY-02, the pattern is much the same. The
original projection was $3,232,000 and the new projection is $4,798,374. This will require the use of
Rate Stabilization Reserves of $1,566,374.
At this time, we have approximately $11,000,000 in reserves. Approximately 50% of this amount is
earmarked for such uses as Valencia Park Trunk Rehabilitation ($500,000), State and Federal Reserves
requirements for operating and replacement reserves (40% of Operating Budget), and Council Required
Reserves (5% of Operating Budget). The remaining reserves will be depleted very quickly if this pattern
continues. This rapid decrease in reserves will also impact the amount of interest paid to the general
fund. It is likely that we will have to change the rate that residents are charged for sewer service in FY-
03.
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE
January 16, 2001
8
AGENDA ITEM NO.
(-ITEM TITLE
Status of Public Works' Equipment Maintenance Gasoline, Oil, and Lubricants Account 643-422-224-314
PREPARED BY Jim Dredge
EXPLANATION
See attached explanation.
DEPARTMENT Public Works
1
Environmental Review
N/A
Financial Statement
Projected shortfall of $18,000 in Ga oline, Oil, and Lubricants Account 643-422-224-314.
I
STAFF RECOMMENDATI�/
Receive the report.
Account No.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
Status Report
Resolution No.
A-200 (9/80)
Explanation:
Public Works' Equipment Maintenance Account 643-422-224-314 provides gasoline, diesel fuel,
propane, oils, and lubricants for the City's fleet of vehicles and equipment.
The budget for this account for Fiscal Year 00-01 is $169,250. The required funds for this account were
calculated by analyzing historical consumption rates and historical costs. This fiscal year, costs for
petroleum products have increased significantly more than the historical data suggested they would.
To further exacerbate the issue, the County Health Department required upgrades to the City's gas
station were accomplished this past October, necessitating that City vehicles be fueled off -site at a retail
gas station for three weeks. This resulted in even higher fuel costs for that period of time.
In response to the dramatic cost increase of petroleum products, and in an effort to lessen its associated
budgetary impacts, Public Works has changed from purchasing premium unleaded to regular unleaded
gasoline. There have been no observed or reported problems to the vehicles resulting from this change
to a lower octane fuel. A similar option is not available for diesel fuel. (Our fuel is purchased through a
competitively bid annual contract which guarantees our fuel at a fixed percentage above wholesale
costs.)
Even with the savings resulting from the switch to a lower octane fuel, if petroleum costs remain at their
current levels, a shortfall of $18,000 is estimated for the current fiscal year. This is a status report, and
no additional funding is requested at this time. However, when the account is closer to being depleted,
we will recommend a budget adjustment as appropriate.
Status Report:
Budget:
Inter -Department Billing:
Expenditures:
Balance:
$169,250
2,534
$171,784
97,180
$ 74,604
Projected Usage Through Remainder of Fiscal Year:
6 loads of 8800 gallons — gasoline 14,000 x 6 = $78,000
3 loads of 3000 gallons — diesel 4,300 x 3 = $12,900
Oils and lubricants $ 1,500
$92,400
74,604
Shortfall: $17,796
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE January 16, 2001
AGENDA ITEM NO. 9
ITEM TITLE REPORT ON SHOPPING CENTER DEVELOPMENT ON THE NORTH SIDE OF 8TH
STREET, BETWEEN N AVENUE AND PALM AVENUE (CASE FILE NO.: SP-1993-1)
PREPARED BY Jon Cain - Associate Planner DEPARTMENT
Planning
EXPLANATION
A City Council approved Specific Plan authorized development of this shopping center. During a final
inspection of the recently completed first phase, Planning staff observed that the developer has installed
significantly less landscaping than approved by Council. The attached report describes the matter in greater
detail.
CEnvironmental Review
X N/A
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION nw
Council direction requested.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
1. Background Report
2. Location Map
3. Development Site Plan
Resolution No.
A-200 (9r99)
BACKGROUND REPORT
In August 1993, the City Council approved a Specific Plan for the development of a shopping center on
East 8th Street. The center is the future location of the adult day health care facility recently approved by
the Council. The Specific Plan involved 15,500 square feet of building area and allowed eight fewer
parking spaces than required by the Code, more compact spaces than would typically be permitted, and
minimum driveway widths of 24 rather than 27 feet. The Council approved an amendment to the Specific
Plan in 1998 which increased the building area to 16,000 square feet and allowed for elimination of the
required ten -foot landscaped setback. A five-foot landscape strip in the 8th Street right-of-way was
proposed to compensate for this.
The applicant's plans showed ten feet of right-of-way between the street and the proposed development,
containing an existing five-foot sidewalk and the proposed five-foot landscape strip. The project has been
constructed with only a 28-inch landscaped parkway. The ten -foot area shown on the plans between the
street and property line is actually only eight feet wide and contains a six-foot existing sidewalk, leaving
only two feet for landscaping in the right -of way.
Since the Specific Plan eliminated the ten -foot setback, the 28-inch landscape strip in the parkway is the
primary landscape area in the front of the project. Although there are planters spaced intermittently at the
driveway entrances and along the edge of the parking lot, the approved 1850 square feet of parkway
landscaping has been reduced to approximately 850 square feet.
The Planning Department is seeking direction in addressing the as -built condition of the project. The
Building Department issued a temporary occupancy permit for the large building that comprises Phase I of
the project. We have asked the developer to resolve the issue of the reduced landscaping prior to the
issuance of a Certificate of Occupancy for the building.
Staff has identified several potential options:
1. Reduce the width of the sidewalk to five feet and add an additional foot of landscaping. Although this
option would allow for additional landscaping in front of the property, it creates potential pedestrian
safety concerns since the sidewalk is located along a major street. Also, the City Engineer has
indicated that a wider sidewalk may be needed if a future bus stop is located in front of the property.
2. Remove parking spaces along the front property line and replace them with landscaping. This
alternative could potentially create a large amount of additional landscaping in front of the property,
however, the Specific Plan already authorized eight fewer parking spaces than would otherwise be
required.
3. Reduce the allowable building area for Phase II of the project. Construction has not yet begun on a
1,650 square foot building that is the smallest building in the Specific Plan area. The size of this
building could be reduced and additional landscaping provided in its place.
4. Provide additional landscaping on the adjacent property to the east. The developer graded the property
adjacent to the Specific Plan area and east of the parking lot to facilitate development of this project.
Landscaping was installed on the graded portions of the property, and the developer suggested that this
landscaping could be used to replace that not installed in the right-of-way. Since the property is under
a different ownership than the shopping center, the landscaping could be removed by the property
owner unless an easement is recorded to ensure that it remains.
5. Determine that the as -built condition substantially conforms with the Specific Plan. This option would
eliminate the need for any additional plan modifications.
PALM PLAZA SHOPPING CENTER
A
LOCATION MAP
1415 E. 8th Street
NATIONAL CITY PLANNING
DRAIN:
8123100
INITIAL.
HEARING:
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City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE January_l.6,_2001
AGENDA ITEM NO. 10
ITEM TITLE COMMENTS ON DRAFT EIR FOR SOUTH BAY PUMP STATION AND
CONVEYANCE SYSTEM
PREPARED BY Roger Post, Planning Director
EXPLANATION.
DEPARTMENT Planning
In 1998, National City was involved in an extensive site selection process for a
wastewater pump station to be built by the City of San Diego's Metropolitan Wastewater
Department. A 1.46 acre parcel northwest of the intersection of Seavale and Woodlawn
Avenue in the City of Chula Vista was chosen, just to the south of National City.
A draft Environmental Impact Report for the project has been prepared. The City of San
Diego has requested comments by January 28, 2001. A draft letter of comment is
attached for Council consideration. Also attached is a brief project description. The
complete EIR is available in the Planning Department.
Environmental Review
Financial Statement
N/A
X N/A
Account No.
STAFF RECOMMENDATION
City Council authorize staff to submit the draft letter to the City of San Diego.
BOARD/COMMISSION RECOMMENDATION
N/A
TT CHMENTS (Listed Below)
Draft letter
Project description
Resolution No
A-200 (Rev. 9/80)
January 16, 2001
John Kovac, Senior Environmental Planner
City of San Diego
Land Development Review Division
1222 First Avenue, Mail Station 501
San Diego, CA 92101
Subject: Comments on South Bay Pump Station Draft EIR
Thank you for the opportunity to comment on the South Bay Pump Station (SBPS) Draft
EIR. Please consider the following comments in the Final EIR and any further
consideration and planning of the SBPS.
Transportation/Circulation Analysis:
• The Traffic Control Plan should be coordinated with the National City Engineering
Department if any project associated traffic will travel on roads in National City.
• Clarify the document to read that there will be 50 "roundtrip" truck trips daily.
• Specify what direction the trucks will be traveling on State Route 54 or on Interstate
5.
• Conduct an intersection capacity analysis if project related traffic would be directed
onto State Route 54 through National City.
Project Description:
• Provide a north elevation of the proposed SBPS and photo simulation of the view of
the proposed SBPS from the north and from Interstate 5.
• The proposed location of the SBPS is near an important entryway to both the City of
National City and to the City of Chula Vista, because of this, the appearance of the
building and the site is important. The north and west elevations of the building
should be partially screened through the use of trees and landscaping. Additionally,
variation in the walls could help to reduce the bulky appearance of the building.
Odor/Nuisance:
• The Draft EIR should address the potential for any odors during the construction of
the SBPS.
• There is no discussion of the potential impact from odors if there were an operational
problem (switching to the stand-by- pump and/or use of the diversion gate) at the
SBPS.
• The Draft EIR does discuss how the chemicals used to reduce the operating odor
would be contained if a spill where to happen, but there is no discussion of the
potential for impact from the odor of the chemicals themselves or how long it would
take to clean them up.
General:
• There is no mention of the prevailing winds by day/night or by season. This is
necessary for a complete evaluation of various potential impacts.
• There is no mention of what the construction schedule will be. Will construction take
place at night?
We would appreciate being included in future coordination of this important project.
Respectfully,
Roger G. Post
Planning Director
THE CITY OF SAN DIEGO
PLANNING AND DEVELOPMENT REVIEW DEPARTMENT
Date Of Notice: December 5, 2000
PUBLIC NOTICE OF A
DRAFT ENVIRONMENTAL IMPACT REPORT (DEIR)
A DEIR has been prepared by the City of San Diego Land Development Review Division (LDR) for the
project listed below. Written comments regarding the adequacy of this DEIR must be received by John
Kovac, Senior Environmental Planner of LDR, at the following address by
nR` 7
"1
This notice was published in the SAN DIEGO DAILY TRANSCRIPT and PUBLIC REC O '40 d `-"
REPORTER, and the UNION TRIBUNE, posted on City's Web Page, and distributed on DEC 1 5 2000
SUBJECT: SOUTH BAY PUMP STATION (CHULA VISTA) AND CONVEYANCE SYSTEM:
CITY OF SAN DIEGO, CITY COUNCIL APPROVAL for the construction of a wastewater pump station with an ultimate
capacity to handle 49 mgd (million gallons per day) of dry weather flow and 103 mgd of peak wet weather flow; it would serve
wastewater from the South Bay region.. This proposed pump station would be housed in a 16,250 square feet building located
on a 1.46 acre parcel northwest of the intersection of Sea Vale and Woodlawn Avenue, east of I-5 and the MTDB trolley tracks,.
and within the City of Chula Vista. In addition, the proposal includes the installation of a conveyance system which would be a
57-inch diameter sewer pipeline and would extend 49,800 feet from the proposed pump station to the proposed City of San
Diego South Bay Water Treatment Plant in the Tijuana River Valley. The proposed pipeline alignment would traverse the City
of Chula Vista (mostly west of I-5 along Bay Boulevard) and the City of San Diego communities of Otay Mesa/Nestor (along
Saturn Boulevard) and Tijuana River Valley (along Sunset Avenue, Hollister Street, and Monument Road). The proposed
pipeline construction method would include open trenching (12 feet wide by 10 to 15 feet deep) with jack and bore construction
(tunneling method) under selected intersections to minimize traffic disruption and under the Otay and Tijuana Rivers to avoid
sensitive wildlife habitats. Applicant : City of San Diego, Metropolitan Wastewater Department
LDR No. 99-1024
The DEIR concludes that the project would result in significant environmental impacts in the following
area(s): Biological Resources, Human Health/Safety (Hazardous Material), Paleontological Resources, and
Cultural Resources. The DEIR and supporting documents may be reviewed, or purchased for the cost of
reproduction, at the office of the City of San Diego, Land Development Review Division, 1222 First
Avenue, Mail Station 501, San Diego, CA 92101. Copies of the DEIR and technical appendices may also
be reviewed at the following libraries:
Chula Vista Library, 365 "F" Street, Civic Center, Chula Vista
Otay Mesa Library, 3003 Coronado Avenue, San Diego
To request DEIR, Initial Study and/or supporting documents in alternative format, call the Planning and
Development Review Department at 446-5460 immediately to ensure availability. This information is
ALSO available in alternative formats for persons with disabilities. To request this notice in alternative
format, call (619) 446-5446 or (800) 735-2929 (TEXT TELEPHONE). For environmental review
information, contact John Kovac, Senior Environmental Planner of Planning and Development Review at
(619) 446-5342. For information regarding public meetings/hearings on this project, contact Chris Zirkle,
Senior Planner, at (858) 292-6409 or Kim Marshall, Project Manager, at (619) 533-6516 of City's
Metropolitan Wastewater Department. A final environmental report incorporating public input and
associated staff responses will then be prepared for consideration by decision -making authorities.
Lawrence C. Monserrate, Environmental Review Manager
City of San Diego/Planning and Development Review Department
Land Development
Review Division
(619) 446-5460
DRAFT
Environmental Impact Report
LDRNo. 99-1024
SUBJECT: SOUTH BAY PUMP STATION (CHULA VISTA) AND CONVEYANCE
,SYSTEM: CITY OF SAN DIEGO, CITY COUNCIL APPROVAL for
the construction of a wastewater pump station with an ultimate capacity
to handle 49 mgd (million gallons per day) of dry weather flow and 103
mgd of peak wet weather flow; it would serve wastewater from the South
Bay region.. This proposed pump station would be housed in a 16,250
square feet building located on a 1.46 acre parcel northwest of the
intersection of Sea Vale and Woodlawn Avenue, east. of I-5 and the
MTDB trolley tracks, and within the City of Chula Vista. In addition, the
proposal includes the installation of a conveyance system which would
be a 57-inch diameter sewer pipeline and would extend 49,800 feet from
the proposed pump station to the proposed City of San Diego South Bay
Water Treatment Plant in the Tijuana River Valley. The proposed
pipeline alignment would traverse the City of Chula Vista (mostly west
of I-5 along Bay Boulevard) and the City of San Diego Community
Planning Areas of Otay Mesa/Nestor (along Saturn Boulevard) and
Tijuana River Valley (along Sunset Avenue, Hollister Street, and
Monument Road). The proposed pipeline construction method would
include open trenching (12 feet wide by 10 to 15 feet deep) with jack and
bore construction (tunneling method) under selected roads and
intersections to minimize traffic disruption and under the Otay and
Tijuana Rivers to avoid sensitive wildlife habitats.
Applicant : City of San Diego, Metropolitan Wastewater Department
CONCLUSIONS
This Environmental Impact Report (EIR) analyzes the adverse environmental effects for the
proposed South Bay Pump Station (SBPS) within Chula Vista and associated conveyance
system. The implementation of this proposed projectwould not result in any significant and
unmitigated impact. The project would cause significant impacts to biological resources,
human health/safety (hazardous material handling), potential subsurface cultural resources,
and paleontological resources. The proposal also includes project features which avoids
significant adverse effects to water quality, visual quality, odor, noise, and traffic circulation
during construction.
PROJECT DESCRIPTION
The proposed SBPS site encompasses approximately 1.46 acres situated directly northwest
of the intersection of Sea Vale Street and Woodlawn Avenue within the City of Chula Vista,
east of Interstate 5 and the MTDB trolley tracks.
The proposed pump station building, approximately 130 feet by 125 feet with a 30-footwide
one-way access road along the site perimeter. Access into the site would be provided via a
driveway connected to the intersection of Sea Vale Street and Woodlawn Avenue.
Approximately one dozen parking spaces would be provided for visitors and maintenance
staff. The pump station would be a fully automated, "unmanned" facility.
Based on wastewater flow projections, the proposed pump station would be designed to
handle an ultimate peak wet weather flow of 103 million gallons per day (mgd). The pump
station construction would occur in two phases with the initial phase being sized to handle a
peak wet weather flow of 44.1 mgd. The increase in pump station capacity from Phase Ito
Phase II would be accomplished through the provision of additional pumps and motors. The
proposed pump station building would be built to accommodate subsequent Phase II
improvements; however, pumping capacity would initially be limited to handle the Phase I
condition. Flows to the SBPS would be controlled by an adjustable gate at a proposed
diversion structure located at the junction of the existing Sweetwater Collection System and
the existing SMI (South Metro Interceptor Diversion Structure No. 1). Flows would be
diverted to the SBPS based on operating levels at the pump station and conditions at the
proposed South Bay Water Treatment Plant (SBWTP) in the Tijuana River Valley. This
proposed water treatment plant would co -occupy the site where the City's water reclamation
plant is currently under construction. The proposed pump station would be equipped with
several back-up measures that would make a complete failure almost impossible. The pump
station would be equipped with two separate power sources; in the event one fails, the
second power source automatically energizes. Two options for the two power sources are
proposed; 1) utility provided power and an emergency generator, or 2) two separate utility
provided power sources. In the unlikely event that the pump station encounters a major
mechanical or electrical failure, the influent gate at the pump station would automatically
close to prevent any flow from entering the pump station. Under such a condition, the gate
at Diversion Structure No. 1 would be fully opened and the flow would continue to the Point
Loma Water Treatment Plant.
The pump station would be designed to minimize odor emissions to the surrounding area.
Exhausted foul air from the wetwell including foul air from the influent sewers, would be
treated by a continuous, reliable two -stage odor control system. The first stage would be a
chemical -type packed tower scrubber using sodium hypochlorite and sodium hydroxide
followed by a second stage activated carbon absorption system. The odor control system
equipment shall be housed in a separate room. The SBPS would be equipped with hydrogen
sulfide sensing equipment. This equipment would be connected to the alarm system at the
proposed SBPS and at the SBWTP where it would be monitored.
2
Grading necessary to develop the SBPS at the proposed site would require an estimated
27,984 cubic yards (cy) of cut and approximately 2,028 cy of fill. Construction staging
would occur within the proposed 1.46-acre SBPS site.
Construction of the SBPS would be coordinated with future construction of the proposed
South Bay Secondary Treatment Plant (SBSTP). Depending on the nature and timing of
possible changes to the MER limit for the PLWTP set by the U.S. Environmental Protection
Agency, such construction may start as early as 2005 or as late as 2016. Construction of the
subject SBPS is anticipated to take approximately thirty-six months to complete.
Conveyance System
The proposed conveyance system consists of a 57-inch diameter force main, a pressurized
sewer pipeline. The forcemain could be either steel pipe with cement mortar lining and
coating, or reinforced concrete pressure pipe, steel cylinder type. The type of pipeline
material to be used would be determined as part of final design.
Placement of the pipeline would occur mainly within the existing road right-of-way. It is
anticipated that installation of the pipeline would occur primarily using open trench
methods, with the trench being approximately 12-feet wide and 10 to 15-feet deep. The
construction corridor for trenching and pipeline installation would be approximately 20 feet
wide. Traffic control plans would be implemented to maintain vehicular traffic and
pedestrian flows, including possible use of temporary detours, while pipeline installation
occurs. At least one lane would remain open on all affected roadways during construction.
Four one -acre construction staging areas have been selected along the proposed pipeline
route.
Jack and bore pipeline construction methods would be used on portions of the pipeline
alignment such as along Woodlawn, Palm, and Coronado Avenues, at the crossing of the
Otay River, and along Sunset Avenue where construction activities would be near sensitive
habitats (i.e., riparian habitat that could be occupied by least Bell's vireo). Tunneling along
the recently replaced Hollister Street bridge would be used to cross the Tijuana River to
avoid direct impacts to sensitive wetland habitat.
On average, it is anticipated that approximately 50 to 100 linear feet of pipeline would be
completed per day within thirty-six months.
MITIGATION MEASURES AND REPORTING PROGRAM (MMRP)
The following discussion summarizes the MMRP for each significant impact; the MMRP in
its entirety is detailed in the text of the EIR and included in a separate MMRP document.
3
Biological Resources
Pump Station Site - Development of the SBPS would impact approximately 1.44 acres of
upland habitats comprised of non-native grassland (0.80 acre), exotic plantings, and
urban/developed land, and approximately 0.02 acre of wetlands habitat. The impacts to non-
native grassland and wetlands habitat would be significant. Temporary impacts to raptor
foraging may occur as a result of project construction but are considered less than
significant Potential indirect impacts to wetland habitat and associated species to the
north/northeast of the SBPS site would be less than significant or mitigated by compliance
with proposed Best Management Practices to be implemented during construction activities.
Unavoidable impacts to wetlands (0.02 acre of mule fat scrub) shall be mitigated through
regulatory permit requirements for wetlands including those of the CDFG pursuant to
Section 1601 of the Fish and Game Code, the California Coastal Commission pursuant to
the Coastal Development Act, and the ACOE pursuant to Section 404 of Clean Water Act.
Mitigation for impacted wetlands shall be completed at a 2:1 ratio, with a minimum of a 1:1
ratio of creation or restoration, in accordance with Section III.B.l .a of the City of San Diego
Land Development Code and the City of Chula Vista's draft Subarea Plan. Identification
of, and commitment to, the specific mitigation requirements of the affected resource
agencies shall occur prior to issuance of building permits. A vegetation mitigation plan is
currently in preparation. The proposed mitigation site is a 4.72± acre site in the San
Dieguito River Valley within the City of San Diego's MHPA. The parcel is owned by the
San Dieguito River Valley Joint Powers Authority and is part of a comprehensive
restoration plan of approximately 440 acres located in the western end of the San Dieguito
River Valley and in accordance with the adopted San Dieguito River Park Concept Plan and
Master Plan.
The 0.80 acre of non-native grasslands that will be impacted by project shall be mitigated at
a 0.5:1 ratio by payment into the established City of San Diego Habitat Acquisition Fund or
at a 1:1 ratio through habitat restoration in accordance with Section III.B.1.a of the City of
San Diego Land Development Code and the City of Chula Vista's draft Subarea Plan.
Pipeline Alignment - The majority of the proposed pipeline route extends along roadways
within highly urbanized areas where no notable biological resources are present. However,
three segments of the route are considered to have noteworthy biological resources nearby
Segment A — Between Main Street and Saturn Boulevard (Otay River), Segment B — Sunset
Avenue between Saturn Boulevard and Hollister Street (Tijuana River Valley) River), and
Segment C — Hollister Street between Sunset Avenue and Monument Road (Tijuana River).
Jack and bore pipeline construction methods would be used at the crossing of the Otay River
(Segment A), and along Sunset Avenue (Segment B) where construction activities would be
near sensitive habitats (i.e., riparian habitat that could be occupied by least Bell's vireo).
Tunneling along the Hollister Street bridge (Segment C) would be used to cross the Tijuana
River Channel to avoid direct impacts to sensitive habitat.
The entry and exit pits for tunneling or jack and bore would be 15-foot x 60-foot and would
be placed in non -sensitive habitat (urban/developed land). All staging and construction for
jack and bore and tunneling activities would occur within the 15-foot x 60-foot access pit
areas or within one or more of the four staging areas (each of the staging areas consists of
vacant land which has either been previously cleared or is covered with ruderal vegetation)
proposed along the pipeline alignment.
For Segments B and C, construction activities could result in impacts to sensitive species,
especially to least Bell's vireo in the Otay and Tijuana River Valleys. Potential impacts to
the least Bell's vireo are considered significant. There is the potential for impacts to the
southwestern pond turtle, should it be present at Segments B and C. Potential impacts to the
southwestern pond turtle_.,if present/detected, are considered significant.
Mitigation measures include flagging of the proposed area of disturbance along the pipeline
construction corridor and flagging of sensitive habitat areas to prohibit insurgence/impact,
control of any dewatered effluent, required erosion control, avoidance of any raptor nesting
sites, post -pipeline construction monitoring by a qualified biologist, of any impact to
wetland habitat, restricted or conditioned construction during nesting season for the
endangered least Bell's vireo, establishment of avoidance zone for any detected
southwestern pond turtle.
Cultural Resources
Based on pump station site specific and pipeline alignment specific surveys, it was
determined that the grading of the pump station site and trenching in certain portions of the
pipeline alignment within the Otay and Tijuana River Valleys, would require monitoring for
potential subsurface resources. Mitigation measures include retention of a qualified
archaeologist, monitoring of the proposed ground disturbance, testing for significance of
any detected resources during monitoring, curation of recovered resources, and reporting of
monitoring and, if necessary, testing efforts and reporting of results.
Human Health/Safety (Hazardous Material)
Due to the proximity of the proposed pump station to the tributary (Lovett Marsh) of the
Sweetwater River and the downstream Sweetwater Refuge, the potential for an accidental
release of hazardous materials used at the proposed pump station, is considered potentially
significant. Mitigation measure, along with routine procedural/regulatory safe guards,
include the construction of a chemical containment troughs sized to contain the entire
volume of all chemicals expected to be stored at the pump station.
5
Paleontological Resources
The proposed pump station site is underlain by the highly fossiliferous Bay Point
Formation. While the excavation during site grading of presence of well-preserved,
significant fossils are somewhat questionable due to the site's high groundwater, monitoring
of the site grading by a qualified paleontologist would be required to recover any fossil
resources.
Project Features Which Avoid Adverse Effects
Noise - The project vicinity is subject to an elevated ambient noise level due to its proximity
to Interstate 5 and San Diego Trolley tracks; noise levels of 64 dB (LEQ) during daytime
hours, were observed at the site. The proposed pump station site is flanked on its south and
east sides by multi -family residential uses with a separation of at least 100 feet from the
proposed pump station building. The City of Chula Vista standards are 50 dB at night and
60 dB during the day. The estimated noise level generated by the proposed pump station
would be 33 dB at the nearest property line.
The measures to confirm that no significant noise effects would occur due to pump station
operation include an updated acoustical analysis of the final pump station design to be
completed to the satisfaction of the City of Chula Vista to assure compliance with the 50 dB
standard and subsequent actual measurement of operational noise to verify compliance with
the Chula Vista standard.
Odor - The pump station would be designed to minimize odor emissions to the surrounding
area. Exhausted foul air from the wetwell including foul air from the influent sewers, would
be treated by a continuous, reliable two -stage odor control system of scrubbers and activated
carbon absorption. The odor control system equipment shall be housed in a separate room.
The SBPS would be equipped with hydrogen sulfide sensing equipment. This equipment
would be connected to the alarm system at the proposed SBPS and at the SBWTP where it
would be monitored.
The self-imposed MWWD odor standard is 5 OU (odor unit). For comparison, acceptable
odor levels range from 3 OU to 8 OU; between 5 OU and 10 OU, complaints about odor
begin to occur. For this proposed pump station with its proximity to adjoining residential
uses, the resultant designed odor level is expected to be 1 OU.
Water Quality - The proposed project site adjoins wetland habitat and its associated
sensitive species to the north/northwest. All surface runoff would be captured on -site and
either diverted to the sewage system or diverted to an on -site treatment system. Effluent
from all construction dewatering activities would be properly treated (as a minimum
desilted) prior to its disposal.
Visual Quality - The proposed pump station site is east of Interstate 5 and adjoining the San
Diego Trolley tracks; the site is visible from both these public travel ways. To screen the
6
proposed 130 by 125 feet, three-story pump station building from public view, the proposal
includes landscaping with relatively fast-growing trees with shrubs and ground cover.
Lighting of the site would be directional and shielded away from the adjoining residences
and wetland habitat/mitigation area. Graffiti would be discouraged by the perimeter fencing
and the proposed landscaping.
Construction Traffic - Traffic control plans would be implemented to maintain vehicular
traffic and pedestrian flows, including possible use of temporary detours, while pipeline
installation occurs. At least one lane would remain open on all affected roadways during 36-
month construction. Four one -acre construction staging areas have been selected along the
proposed pipeline route.
Measures to avoid short-term construction -related adverse effects to the surrounding
community include well-chosen, least -disruptive truck routes to and from the pump station
site, traffic control plans, coordination with Chula Vista transit to assure continued service,
and notification of affected schools and businesses along the pipeline alignment.
ALTERNATIVES
No Project Alternative - Under the No Project Alternative, none of the improvements
associated with the proposed SBPS and Conveyance System Project would be constructed.
In the absence of developing any of the improvements associated with the proposed Project,
no environmental impacts would occur. All future wastewater flows would continue to flow
to and be treated at the existing Point Loma Wastewater Treatment Plant through aging,
existing pipelines. As such, the No Project Alternative would avoid Project -related impacts
such as loss of wetlands and non-native grasslands, potential indirect impacts to sensitive
species, potential impacts to cultural and paleontological resources, and potential impacts
associated with an accidental release of hazardous materials. Of these Project -related
impacts, however, none would be significant after mitigation; hence, from a CEQA
perspective, the No Project Alternative is considered to be environmentally superior to the
proposed Project only to the extent that potentially significant impacts would be avoided
instead of mitigated. At some point in the future, this alternative would result in adverse
environmental effects of incremental replacement of the aging South Metro Interceptor.
The No Project Alternative would not meet the project objective of providing the
wastewater pumping and conveyance facilities necessary for the SBWTP to relieve existing
and future demands on the SMI system.
Alternative Site No. 2 - Under this alternative, the proposed pump station would be
constructed at a 2.2-acre site located between Bay Boulevard and I-5, approximately 1,000
feet north of E Street. To the east of the site is I-5, including the offramp from south -bound
I-5 to E Street. Areas on the north and south sides of the site are vacant and covered
primarily with non-native species including several rows of tamarisk trees to the south of
7
the site. A portion of the Sweetwater Marsh National Wildlife Refuge is located to the north
of the site. The area farther to the south, by E Street, is characterized by a variety of
commercial and office uses. West of the site are the northern terminus of Bay Boulevard
and San Diego & Arizona Eastern Railroad tracks, beyond which is the Sweetwater Marsh
National Wildlife Refuge, which includes the Chula Vista Nature Interpretive Center.
Alternative Site No. 2 is entirely vacant and generally flat, with on -site elevations ranging
from approximately 22 feet above MSL (mean sea level) along the eastern boundary to 18
feet above MSL along the western boundary. On -site vegetation types include: 1) ruderal
field consisting of chrysanthemum, a highly invasive weed, with some small isolated stands
of native shrubs such as broom baccharis, sagebrush, and encelia; and 2) tamarisk scrub.
In comparison to the proposed project location, development of a pump station at
Alternative Site No. 2 could reduce the potential for odor impacts to nearby residents and
would avoid direct impacts to sensitive biological resources. However, the potential for
development of the Alternative Site No. 2 to result in indirect impacts to nearby sensitive
biological resources (Sweetwater Marsh National Wildlife Refuge) would be about the same
as that for the proposed SBPS site (Lovett Marsh located to the north/northeast).
Development of the pump station at this alternative site would, however, result in significant
impacts relative to land use and compatibility with Chula Vista's land use plans and
programs for the local area. Potential impacts related to the other environmental issue areas
would be similar between the subject locations.
Alternative Site No. 10 - Under this alternative, the proposed pump station would be
constructed at a site located northwest of the intersection of Broadway Avenue and C Street
within the City of National City, approximately 1,500 feet east of the proposed project site.
This site offers the advantage of being further from nearby sensitive uses as compared to the
proposed project site, which has residential uses on two sides of the site. Uses surrounding
the site include vacant land to the west, vacant land and an industrial park to the north,
Broadway Avenue to the east, and an apartment complex to the south. This alternative site is
vacant and generally flat, although the western and southern edges of the site have steep
slopes of approximately 10 to 30 feet in height. On -site vegetation types include ornamental
landscaping, non-native grasslands including.saltgrass, and ruderal species. The site also
contains disturbed riparian vegetation and disturbed southern coastal salt marsh.
In comparison to the proposed project location, development of a pump station at
Alternative Site No. 10 would increase the potential for direct impacts to sensitive
biological resources due to more riparian and southern coastal salt marsh habitat on -site.
Potential impacts related to the other environmental issue areas such as human health/safety,
land use, noise, odor/nuisance, paleontological resources, traffic, and visual quality, would
be similar between the proposed project site and Site No.10. Development of the pump
station at Site No. 10 would require additional pipelines to connect the pump station with
the existing SMI and the proposed conveyance system than the proposed project location.
Also, more grading would be required for this alternative site than for the proposed project
8
location in order to raise the alternative site two feet above the 100-year floodplain. In
summary, development of a pump station at this alternative location does not offer any
substantial environmental advantage over the proposed project.
It should be noted that the viability of this site being used as a pump station site has been
substantially limited as Alternative Site No. 10 is located within the recently identified
mitigation area (Lovett Marsh) by the Port District, for the proposed Midway Carrier
Museum project in the Embarcadero, Downtown San Diego.
RESULTS OF PUBLIC REVIEW
() No comments were received during the 45-day public input period.
() Comments were received but they did not address the accuracy or
completeness of the Draft Environmental Impact Report. No response is
necessary. The letter is attached.
() Comments were received addressing the findings and/or accuracy or
completeness of the Draft Environmental Impact Report. The comment
letters receive and associated staff responses follow.
Copies of the Environmental Impact Report (LDR No. 99-1024), technical appendices, and
any referenced material or previous documents are available for review in the office of City
of San Diego, Land Development Review, 1222 First Avenue, Fifth Floor, San Diego
92101, or available for purchase at the cost of reproduction.
k e 4140
Lawrence C. Monserr te
Environmental Review Mgr./Land Development Review
Planning and Development Review Department
Analyst: John M. Kovac, Senior Planner
December 5.2000
DATE OF DRAFT EIR
DATE OF FINAL EIR
9
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE January 16, 2001 AGENDA ITEM NO. 11
ITEM TITLE NOTICE OF DECISION — DENIAL OF A PLANNED DEVELOPMENT PERMIT
APPLICATION FOR A 93-UNIT EXTENDED STAY HOTEL AT THE NORTHWEST CORNER OF
PLAZA BOULEVARD AND INTERSTATE 805. (APPLICANT: MATT O'SHEA FOR EXTENDED
STAY AMERICA) (CASE FILE NO.: PD-2000-9)
PREPARED BY Jon Cain - Associate Planr EPARTMENT Planning
EXPLANATION
The applicant proposes to construct a four-story, 93-unit extended stay hotel in a General Commercial zone.
The project involves a separate Code amendment proposal that would allow for stays longer than 30 days,
eliminate the need for a manager's unit, and allow kitchenette facilities in the guestrooms. The rooms,
described as "efficiency studios", would range from 318 to 453 square feet in size and contain an
approximately 50 square foot kitchenette with a microwave, two -burner stove, and refrigerator. The building
would have a stucco exterior appearance with a tile roof.
Extended Stay America is a national chain with 383 other locations. They do not franchise their properties.
At the public hearing for the project, seven citizens spoke in opposition to the project. They expressed
concern regarding potential traffic impacts, the lack of on site management, the length of stays, the
overabundance of hotels/motels in the area, the need to protect the adjacent residential neighborhood,
ingress/egress, and the potential for the property to be used as an apartment complex. The Planning
Commission voted to deny the permit and recommended denial of the Code amendment.
Environmental Review N/A
Negative Declaration proposed (1S-7000-R)
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
A'gri
Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision
be filed.
BOARD / COMMISSION RECOMMENDATION
The Planning Commission voted to deny the Planned Development Permit.
Vote: Ayes — Unanimous
ATTACHMENTS ( Listed Below )
1. Planning Commission Resolution No. 05-2001
2. Location Map
Resolution No.
A-200 (9.99)
RESOLUTION NO. 05-2001
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
DENYING A PLANNED DEVELOPMENT PERMIT APPLICATION FOR
' A 93-UNIT EXTENDED STAY HOTEL AT THE
NORTHWEST CORNER OF PLAZA BOULEVARD AND INTERSTATE 805.
APPLICANT: MATT O'SHEA FOR ESA SERVICES, INC.
CASE FILE NO. PD-2000-9.
WHEREAS, the Planning commission of the City of National City, California considered
a planned development permit application and proposed Negative Declaration for a 93-unit
extended stay hotel at the northwest corner of Plaza Boulevard and Interstate 805 at the public
hearing held on December 18, 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 Nos. PD-2000-9 and IS-2000-8, maintained by the City, and incorporated
herein by reference; and,
WHEREAS, this action is taken pursuant to all applicable procedures required by State
and City law; and,
WHEREAS, 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 City 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 December 18, 2000 fail to support findings, required
by the Municipal Code for granting any planned development permit, that the proposed use will
not have an adverse effect on adjacent or abutting properties, and that the proposed use is deemed
essential and desirable to the public convenience or welfare.
BE IT FURTHER RESOLVED by the City 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 December 18, 2000 support the following findings:
1. That the proposed use will have an adverse effect upon adjacent or abutting
properties, since the rooms have the potential to be used as small, long-term
studio apartments without the necessary parking and open space for such
use, and since the project will not include the required on -site manager's
unit to ensure users of the facility do not disrupt adjacent properties.
2. That the proposed use is not deemed essential and desirable to the public
convenience and welfare, as reflected in the Land Use Code, which requires
a manager's unit and prohibits hotel stays longer than 30 days and
kitchenette facilities in hotels, and the Planning Commission considered but
recommended against Code amendments to delete the requirement for a
manager's unit and allow kitchen facilities and unlimited stays.
BE IT FURTHER RESOLVED that the Planning Commission hereby denies Planned
Development Permit application no. PD-2000-9.
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to
the applicant and to the City Council; and,
BE IT FINALLY RESOLVED that this Resolution shall become effective and final on
the day following the City Council meeting where the Planning Commission resolution is set for
review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of
that City Council meeting. The City Council may, at that meeting, appeal the decision of the
Planning Commission and set the matter for public hearing. The time within which judicial
review of this decision may be sought is governed by the provisions of Code of Civil Procedures
Section 1094.6.
CERTIFICATION:
This certifies that the Resolution was adopted by the Planning Commission at their meeting of
January 8, 2001 by the following vote:
AYES: VALDERRAMA, PARRA, GODSHALK, UNGAB, BACA, MARTINELLI, DETZER.
NAYS:
ABSENT:
ABSTAIN:
y
N
A
1
PROJECT LOCATION
RS-3-PD
CT'
ZONE BOUNDARY
LOCATION MAP
NW corner Plaza Blvd and 1-805
PD-2000-9/A-2000-2/IS-2000-8
NATIONAL CITY PLANNING
oo
DRN. DATE:
12/6/00
INITIAL
HEARING:
12/18/00
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE January 16, 2001
AGENDA ITEM NO. 12
/ ITEM TITLE
NO,TICE OF DECISION — CONDITIONAL USE PERMIT FOR A TATTOO PARLOR AT 914 E. 8m
STREET (APPLICANT: MICHEAL�,SHIPLEY)(CASE FILE NO. CUP-2000-29)
PREPARED BY Charley Marcheslrf ' DEPARTMENT Planning
EXPLANATION The applicant is proposing to operate a tattoo and body piercing parlor in an
existing 960 square foot suite at 914 E. 8th Street. Since the proposed tattoo parlor would be located in a
General Commercial (CG) zone, it requires a Conditional Use Permit.
No parking impacts from the proposed tattoo parlor are anticipated since the shopping center is currently
in excess of Code required parking. Noise from this type of business is generally minimal and the
completely enclosed suite is located 20-feet from the eastern property line. Finally, possible aesthetic
impacts associated with the proposed use would be minimized since the proposed suite is not visible
from E. 8th Street or from adjacent properties.
The Planning Commission approved the Conditional Use Permit after holding a hearing December 18,
2000. There was no public testimony in opposition to the proposal. Conditions of approval restrict the
hours of operation and require the applicant to obtain all required County and State permits prior to
operation.
CEnvironmental Review X N/A
Categorical Exemption
Financial Statement N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
RcrP
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 )
1. Planning Commission Resolution No. 04-2001
2. Location Map
Resolution No.
A-200 (9:99)
RESOLUTION NO. 04-2001
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT
FOR A TATTOO PARLOR
AT 914 E. 8"' STREET, SUITE 213.
APPLICANT: MICHAEL SHIPLEY.
CASE FILE NO. CUP-2000-29
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit application for a tattoo parlor within a shopping center at 914 E. 8th
Street at a duly advertised public hearing held on December 18, 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-2000-29 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 December 18, 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 tattoo parlor 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 East 8th
Street, an arterial street.
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, and the proposed use will be located within a suite in the corner of
the shopping center, not visible from the street or adjacent properties.
4. That the proposed use is deemed essential and desirable to the public convenience
and welfare, since it will provide a service currently not available in National City.
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 tattoo parlor with body piercing, in
conformance with Exhibit A, Case File No. CUP-2000-29, dated November 21,
2000, and the following conditions of approval.
2. All required State and/or County permits shall be obtained prior to operation of the
tattoo and body piercing parlor.
3. The tattoo and body piercing parlor shall be maintained at all times in a sanitary
condition and all equipment used in operation shall be properly sterilized prior to
each use.
4. Fire Department access to the site shall be maintained at all times.
5. 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.
6. 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.
7. 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.
8. Hours of operation shall be from I 1 am to l 1pm, seven days a week.
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
January8, 2001, by the following vote:
AYES: VALDERRAMA, PARRA, GODSHALK, UNGAB, BACA, MARTINELLI, DETZER.
NAYS:
ABSENT:
ABSTAIN:
CHAIRMAN li
PROJECT LOCATION
ZONE BOUNDARY
1
AN
LOCATION MAP
914 E. 8th Street, Suite 213
CUP-2000-29
NATIONAL CITY PLANNING
DRN. DATE:
12/5/00
INITIAL
HEARING:
12/18/00
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE January 16, 2001
AGENDA ITEM NO. 13
ITEM TITLE
NOTICE OF DECISION — CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATION
FACILITY AT 2701 EAST 8m STREET (APPLICANT: TIM KOLSET, WFI FOR SPRINT) (CASE
FILE NO. CUP-2000-27)
PREPARED BY Charley Marchesano DEPARTMENT Planning
EXPLANATION The applicant, Sprint, is proposing to install a wireless communication facility at
an existing church, at 2701 E. 8th Street. At the request of the Planning Commission, Sprint coordinated
with Pacific Bell and AT&T to prepare a master plan showing each applicant co -locating at the church
and utilizing stealth techniques to hide their equipment.
Sprint has proposed to house its antennas in a cupola like structure on the church roof. The 8-foot
structure will extend the height of the church to 41-feet and will face E. 8th Street. It will maintain the
existing architectural features of the church and match the existing exterior finish. The Sprint equipment
enclosure will be located on the ground and will be enclosed by a screen wall, painted and textured to
match the church. The proposed stealth facility is in compliance with City Design Guidelines and does
not require any Variances.
The Planning Commission approved the Conditional Use Permit after holding a hearing December 18,
2000. There was no opposition. Conditions of approval require any future obsolete antennas,
equipment, and facilities to be removed by the applicant.
CEnvironmental Review
Financial Statement
X
N/A
Categorical Exemption
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
S aff 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 )
1. Planning Commission Resolution No. 03-2001
2. Location Map
Resolution No.
A-200 (9;99)
RESOLUTION NO. 03-2001
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT
FOR A WIRELESS COMMUNICATIONS FACILITY
AT A CHURCH AT 2701 E. 8TH STREET.
APPLICANT: TIM KOLSET, WFI FOR SPRINT
CASE FILE NO. CUP-2000-27
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit application for a wireless communications facility at a church at 2701 E.
8th Street at a duly advertised public hearing held on December 18, 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-2000-27 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 December 18, 2000, support the following findings:
1. That the site for the proposed use is adequate in size and shape, since the wireless
antennas will be made to appear as an extension of the church roof, and the small
equipment cabinets will be located under an existing roof overhang and screened by
a decorative block wall.
2. That the site has sufficient access to streets and highways that are adequate in width
and pavement type to carry the volume and type of traffic generated by the proposed
use, since the site is served by an arterial street, and the unmanned wireless facility
will generate little new traffic.
3. That the proposed use will not have an adverse effect upon adjacent or abutting
properties, since the proposed antenna structure will not be noticeable to the casual
observer, and since conditions of approval require the proposed antenna screen and
equipment enclosure to have an architectural appearance compatible with that of the
church. In addition, the project has been designed to be compatible with
improvements for other wireless communications facilities proposed at the church
site.
4. That the proposed use is deemed essential and desirable to the public convenience
and welfare, since the facility will enhance the availability of wireless
communication channels.
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 wireless communications facility, and shall
conform with Exhibit A -Revised, Case File No. CUP-2000-27, dated December 5, 2000.
2. Plans submitted with any application for a building permit must comply with the 1998
California Building, Electrical, Plumbing, and Mechanical Codes, and Title 24 Energy and
Handicapped Regulations.
3. Except as required by conditions of approval, plans for future permits shall be submitted for
review and approval by the Planning Director in conformance with Master Exhibit A, Case
File No. CUP-2000-19/CUP-2000-24/CUP-2000-27, dated December 5, 2000.
4. The equipment enclosure wall shall be painted and textured to match the existing church.
5. The 8-foot cupola shall extend the existing architectural features of the church and be
textured and painted to match the existing finish.
6. All visible portions of the exterior cable run shall be painted and textured to match the
church.
7. Before this Conditional Use Permit shall become effective, the applicant and the property
owner both shall sign and have notarized an Acceptance Form, provided by the Planning
Department, acknowledging and accepting all conditions imposed upon the approval of this
permit. Failure to return the signed and notarized Acceptance Form within 30 days of its
receipt shall automatically terminate the Conditional Use Permit. The applicant shall also
submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on
Real Property is recorded with the County Recorder. The applicant shall pay necessary
recording fees to the County. The Notice of Restriction shall provide information that
conditions imposed by approval of Conditional Use Permit are binding on all present or
future interest holders or estate holders of the property. The Notice of Restriction shall be
approved as to form by the City Attorney and signed by the Planning Director prior to
recordation.
8. The permittee shall not object to co -locating additional facilities of other communication
companies and sharing the project site, provided such shared use does not result in
substantial technical or quality -of -service impairment for the permitted use. In the event a
dispute arises with regard to co -locating with other existing or potential users, the City may
require a third party technical study at the expense of the applicant and/or the complaining
user. This condition in no way obligates the City to approve any co -location proposal if it is
determined by the City not to be desirable in a specific case.
9. Any antennas, equipment or facilities that become obsolete shall be removed.
10. 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
January 8, 2001, by the following vote:
AYES: VALDERRAMA, PARRA; GODSHALK, UNGAB, BACA, MARTINELLI, DETZER.
NAYS:
ABSENT:
ABSTAIN:
PROJECT LOCATION
EXISTING CHURCH
LOCATION MAP
DRWN:
12/5100
2701 E: 8TH STREET CUP-2000-19/CUP-2000-24/CUP-2000-21 INITIAL
HEARING:
NATIONAL CITY PI_ANNING 12/18/00
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE January 16, 2001
AGENDA ITEM NO. 14
ITEM TITLE
NOTICE OF DECISION — CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATION
FACILITY AT 2701 EAST 8'n STREET (APPLICANT: KRYSTAL PATTERSON, PLANCOM FOR
PACIFIC BELL) (CASE FILE NO. CUP-2000-19)
PREPARED BY Charley Marchesano DEPARTMENT Planning
The applicant, Pacific Bell, is proposing to install a wireless communication
facility at an existing church, at 2701 E. 8th Street. At the request of the Planning Commission, the
applicant was directed to co -locate with other recent wireless proposals in the area. Pacific Bell
coordinated with AT&T and Sprint to prepare a master plan showing each applicant co -locating at the
church and utilizing stealth techniques to hide their equipment. Pacific Bell is proposing to replace an
existing monument with a new 62-foot monument that will house its wireless antennas and AT&T
antenna. The monument will be of similar architectural design to the church and match its exterior
finish Necessary equipment cabinets will be located on the exterior of the church, behind the proposed
monument, and will be painted to match the church. The proposed stealth facility is in compliance with
City Design Guidelines and does not require any Variances.
EXPLANATION
The Planning Commission approved the Conditional Use Permit after holding a hearing December 18,
2000. There was no opposition. Conditions of approval require any future obsolete antennas,
equipment, and facilities to be removed by the applicant.
Environmental Review X N/A Categorical Exemption
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION l►tCf)
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 )
1. Planning Commission Resolution No. 01-2001
2. Location Map
Resolution No.
A-200 (9:99)
RESOLUTION NO. 01-2001
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT
FOR A WIRELESS COMMUNICATIONS FACILITY
AT A CHURCH AT 2701 E. 811' STREET.
APPLICANT: KRYSTAL PA 1"1'bRSON, PLANCOM, INC.
FOR PACIFIC BELL WIRELESS
CASE FILE NO. CUP-2000-19
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit application for a wireless communications facility at a church at 2701 E.
8th Street at a duly advertised public hearing held on September 18, 2000 and continued to the
meetings of October 16, December 4, and December 18, 2000 at which time oral and
documentary evidence was presented; and,
WHEREAS, at said public hearings the Planning Commission considered the staff reports
contained in Case File No. CUP-2000-19, is 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 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 hearings held on September 18, October 16, December 4, and December 18, 2000,
support the following findings:
1. That the site for the proposed use is adequate in size and shape, since the wireless
antennas will be located in a monument structure and equipment cabinets will be
located in a screened area adjacent to an existing building.
2. That the site has sufficient access to streets and highways that are adequate in width
and pavement type to carry the volume and type of traffic generated by the proposed
use, since the site is served by an arterial street, and the unmanned wireless facility
will generate little new traffic.
3. That the proposed use will not have an adverse effect upon adjacent or abutting
properties, since the proposed antennas will not be noticeable to the casual observer,
and conditions of approval require the proposed monument and equipment
enclosure to have an architectural appearance compatible with the church. In
addition, the project has been designed to allow co -location of other wireless
communication facilities.
4. That the proposed use is deemed essential and desirable to the public convenience
and welfare, since the facility will enhance the availability of wireless
communication channels.
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 wireless communications facility, and shall
conform with Exhibit A -Revised, Case File No. CUP-2000-19, dated December 5, 2000.
2. Plans submitted with any application for a building permit must comply with the 1998
California Building, Electrical, Plumbing, and Mechanical Codes, and Title 24 Energy and
Handicapped Regulations.
3. Except as required by conditions of approval, plans for future permits shall be submitted for
review and approval by the Planning Director in conformance with Master Exhibit A, Case
File No. CUP-2000-19/CUP-2000-24/CUP-2000-27, dated December 5, 2000.
4. The equipment cabinets shall have an exterior texture and color matching the existing
church.
5. The new 62-foot monument shall maintain the existing architectural features of the church
and have a matching exterior finish.
6. The existing walkway, located along the west side of the church, shall be relocated to allow
continued pedestrian access upon completion of the wireless project.
7. Before this Conditional Use Permit shall become effective, the applicant and the property
owner both shall sign and have notarized an Acceptance Form, provided by the Planning
Department, acknowledging and accepting all conditions imposed upon the approval of this
permit. Failure to return the signed and notarized Acceptance Form within 30 days of its
receipt shall automatically terminate the Conditional Use Permit. The applicant shall also
submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on
Real Property is recorded with the County Recorder. The applicant shall pay necessary
recording fees to the County. The Notice of Restriction shall provide information that
conditions imposed by approval of Conditional Use Permit are binding on all present or
future interest holders or estate holders of the property. The Notice of Restriction shall be
approved as to form by the City Attorney and signed by the Planning Director prior to
recordation.
8. The permittee shall not object to co -locating additional facilities of other communication
companies and sharing the project site, provided such shared use does not result in
substantial technical or quality -of -service impairment for the permitted use. In the event a
dispute arises with regard to co -locating with other existing or potential users, the City may
require a third party technical study at the expense of the applicant and/or the complaining
user. This condition in no way obligates the City to approve any co -location proposal if it is
determined by the City not to be desirable in a specific case.
9. Any antennas, equipment or facilities that become obsolete shall be removed.
10. 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 January 8,
2001, by the following vote:
AYES: VALDERRAMA, PARRA, GODSHALK, UNGAB, BACA, MARTINELLI, DETZER.
NAYS,
ABSENT:
ABSTAIN:
CHAIRMAN
PROJECT LOCATION
EXISTING CHURCH
A
LOCATION MAP
2701 E. 8TH STREET CUP-2000-19/CUP-2000-24/CUP-2000-2i
NATIONAL CITY PLANNING
DRVVN:
12/5/00
INITIAL
HEARING:
12/18/00
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE January 16, 2001
AGENDA ITEM NO. 15
ITEM TITLE
NOTICE OF DECISION — CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATION
FACILITY AT 2701 EAST 8'1' STREET (APPLICANT: MARK LINMAN, GIANNI AND
ASSOCIATES FOR AT&T) (CASE FILE NO. CUP-2000-24)
PREPARED BY Charley Marchesano DEPARTMENT Planning
EXPLANATION The applicant, AT&T, is proposing to install a wireless communication facility at
an existing church, at 2701 E. 8th Street. At the request of the Planning Commission, AT&T coordinated
with Pacific Bell and Sprint to prepare a master plan showing each applicant co -locating at the church
and utilizing stealth techniques to hide their equipment.
An existing 41-foot monument structure will be replaced with a new 62-foot monument, built to house
the antennas of AT&T and Pacific Bell. The new monument will be of similar architectural design to the
church and will match its exterior finish. The AT&T equipment enclosure will be made to appear as an
extension of the church, and be painted and textured to match the church. The proposed stealth facility
is in compliance with City Design Guidelines and does not require any Variances.
The Planning Commission approved the Conditional Use Permit after holding a hearing December 18,
2000. There was no opposition. Conditions of approval require any future obsolete antennas,
equipment, and facilities to be removed by the applicant.
CEnvironmental Review
Financial Statement
X
/A
ategorical Exemption
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
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 )
1. Planning Commission Resolution No. 02-2001
2. Location Map
Resolution No.
A-200 (999)
RESOLUTION NO. 02-2001
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT
FOR A WIRELESS COMMUNICATIONS FACILITY
AT A CHURCH AT 2701 E. 8TH STREET.
APPLICANT: MARK LINMAN, GIANNI AND ASSOCIATES FOR AT&T
CASE FILE NO. CUP-2000-24
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit application for a wireless communications facility at a church at 2701 E.
8a' Street at a duly advertised public hearing held on December 18, 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-2000-24 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 December 18, 2000, support the following findings:
1. That the site for the proposed use is adequate in size and shape, since the wireless
antennas will be located in a monument structure and the equipment cabinets will be
located in a screened area, adjacent to the church.
2. That the site has sufficient access to streets and highways that are adequate in width
and pavement type to carry the volume and type of traffic generated by the proposed
use, since the site is served by an arterial street, and the unmanned wireless facility
will generate little new traffic.
3. That the proposed use will not have an adverse effect upon adjacent or abutting
properties, since the proposed antennas will not be noticeable to the casual observer,
and since conditions of approval require the proposed monument structure and
equipment enclosure to have architectural appearances compatible with that of the
church. In addition, the project is designed to allow co -location with other wireless
facilities.
4. That the proposed use is deemed essential and desirable to the public convenience
and welfare, since the facility will enhance the availability of wireless
communication channels.
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 wireless communications facility, and shall
conform with Exhibit A -Revised, Case File No. CUP-2000-24, dated December 7, 2000.
2. Plans submitted with any application for a building permit must comply with the 1998
California Building, Electrical, Plumbing, and Mechanical Codes, and Title 24 Energy and
Handicapped Regulations.
3. Except as required by conditions of approval, plans for future permits shall be submitted for
review and approval by the Planning Director in conformance with Master Exhibit A, Case
File No. CUP-2000-19/CUP-2000-24/CUP-2000-27, dated December 5, 2000.
4. The equipment enclosure and decorative walls shall be painted and textured to match the
existing church.
5. Landscaping in the form of 5-gallon shrubs shall be provided around the base of the
decorative wall to help screen the equipment area.
6. The new 62-foot monument shall maintain the existing architectural features of the church
and have a matching exterior finish.
7. The existing walkway, located along the west side of the church, shall be relocated to allow
continued access upon completion of the wireless project.
8. 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.
9. The permittee shall not object to co -locating additional facilities of other communication
companies and sharing the project site, provided such shared use does not result in
substantial technical or quality -of -service impairment for the permitted use. In the event a
dispute arises with regard to co -locating with other existing or potential users, the City may
require a third party technical study at the expense of the applicant and/or the complaining
user. This condition in no way obligates the City to approve any co -location proposal if it is
determined by the City not to be desirable in a specific case.
10. Any antennas, equipment or facilities that become obsolete shall be removed.
11. 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
Jannnry 8, 2001, by the following vote:
AYES: VALDERRAMA, PARRA, GODSHALK, UNGAB, BACA, MARTINELLI, DETZER.
NAYS:
ABSENT:
ABSTAIN:
PROJECT LOCAl1ON
EXIS11NG CHURCH
DRWN:
LOCATION MAP 12/5/00
INITIAL
2701 E. 8TH STREET CUP-2000-19/CUP-2000-24/CUP-2000-2 HEARING:
NATIONAL CITY PLANNING 12/18roo