Loading...
HomeMy WebLinkAbout2001 07-17 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY — JULY 17, 2001 - 6:00 P.M. OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO KNOW THAT WE APPRECIATE YOUR INVOLVEMENT. ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG BY CITY MANAGER, TOM G. MCCABE INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETINGS OF JUNE 12, AND JUNE 19, 2001 AND THE ADJOURNED MEETING OF JUNE 18, 2001 PRESENTATIONS Employee Introduction Program Employee Recognition — Eric J. Hanson, Firefighter COPIES OF 1'HE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 7/17/01 PAGE 2 INTERVIEWS/APPOINTMENTS Appointment - Parks and Recreation Advisory Board PUBLIC HEARINGS 1. Public Hearing — Modification of a Conditional Use Permit for the removal of a screening wall and extension of the hours of operation of a mobile recycling collection facility with a variance to allow reverse vending machines further than 30 feet from the main entry to Ralphs Market at 901 Euclid Avenue. (Applicant: Tomra Pacific Inc.) (Case File Nos. M1-CUP- 1995-8/Z-2001-7) (Planning) 2. Public Hearing — Appeal of a Coastal Development Permit for a sandblast materials storage and distribution facility on the south side of Bay Marina Drive approximately 335 feet west of Harrison Avenue/Bay Marina Way. (Applicant: Kleen Blast) (Case File No. CDP-2001-1) (Planning) 3. Public Hearing — Appeal of Conditional Use Permit for the sale of beer and wine in an existing market at 431 N. Highland Avenue. (Applicant: Samir Somo) (Case File No. CUP-2001-05) (Planning) 4. Public Hearing — 2000-2001 Weed Abatement Public Hearing. (Fire) Refer to Agenda Item #25 ** 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 Council member, a staff member, or a member of the public. 5. Resolution No. 2001-97 Resolution of the City Council of the City of National City authorizing the City Engineer to establish two red no parking zones adjacent to the driveway at 1849 "K" Avenue. (G. Campos, TSC Item No. 2001-15) (Engineering) COUNCIL AGENDA 7/17/01 PAGE 3 CONSENT CALENDAR (cont.) 6. Resolution No. 2001-98 Resolution of the City Council of the City of National City authorizing the City Engineer to establish two red no parking zones adjacent to the driveway at 2113 "C" Avenue. (M. Siragusa, TSC Item No. 2001-15) (Engineering) 7. Resolution No. 2001-99 Resolution of the City Council of the City of National City authorizing the City Engineer to establish angle parking on the east side of "A" Avenue between 2nd Street and 3`d Street. (L. Macaraeg, TSC Item No. 2001-12) (Engineering) 8. Resolution No. 2001-100 Resolution of the City Council of the City of National City to approve and accept on behalf of the public the sidewalk and utility easement as shown on Tentative Parcel Map No. LS-1998-1. (Engineering) 9. Resolution No. 2001-101 Resolution of the City Council of the City of National City amending City Council Policy No. 102 pertaining to City Council meeting times. (City Manager) 10. Resolution No. 2001-102 Resolution of the City Council of the City of National City authorizing the Mayor to execute Program Supplement No. 007 to the State -Local Transportation Partnership Program Agreement for resurfacing of various City streets. (Federal -Aid Project No. SB98-5066(001) (Engineering/ Public Works) COUNCIL AGENDA 7/17/01 PAGE 4 CONSENT CALENDAR (cont.) 11. Resolution No. 2001-103 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Harding ESE, Inc. for the updating of the City's Pavement Management System. (Engineering) 12. Resolution No. 2001-104 Resolution of the City Council of the City of National City initiating proceedings for the annual levy of assessments and ordering the preparation of an Engineer's "Report" for a Special Maintenance District. (Community Development Commission) 13. Resolution No. 2001-105 Resolution of the City Council of the City of National City approving the Assessment Engineer's Report for proceedings for the annual levy of assessments within a Special Maintenance District. (Community Development Commission) 14. Resolution No. 2001-106 Resolution of the City Council of the City of National City declaring its intention to provide for an annual levy and collection of assessments in a Special Maintenance District, and setting a time and place for Public Meeting and Public Hearing thereon. (Community Development Commission) 15. WARRANT REGISTER NO. 50 (Finance) Ratification of Demands in the amount of $1,307,502.24 16. WARRANT REGISTER NO. 51 (Finance) Ratification of Demands in the amount of $232,343.23 COUNCIL AGENDA 7/17/01 PAGE 5 CONSENT CALENDAR (cont.) 17. WARRANT REGISTER NO. 01 (Finance) Ratification of Demands in the amount of $1,131,903.39 18. WARRANT REGISTER NO. 02 (Finance) Ratification of Demands in the amount of $416,305.67 19. Claim for Damages: Judy Sacay. (City Clerk) 20. Claim for Damages: Sondrea Dorita Jones. (City Clerk) 21. Claim for Damages: Michael Paris. (City Clerk) 22. Claim for Damages: Abraham Gonzalez de la Torre. (City Clerk) 23. Claim for Damages: Roman Enedina. (City Clerk) NON CONSENT RESOLUTIONS 24. Resolution No. 2001-107 Resolution of the City Council of the City of National City authorizing the City Manager to execute a Section 108 Loan Funding Approval/Agreement with the Department of Housing and Urban Development (HUD) and to issue a Request for Proposals (RFP) for Architectural and Engineering Services for the Design of the new Main Fire Station Project. (Community Development Commission) 25. Resolution No. 2001-108 Resolution of the City Council of the City of National City confirming the costs of Weed Abatement for F.Y. 2000/2001. (Fire) ** Refer to Agenda Item #4 ** COUNCIL AGENDA 7/17/01 PAGE 6 ORDINANCES FOR INTRODUCTION 26 An Ordinance of the City Council of the City of National City amending Title 12 pertaining to Noise Control. (City Attorney) WRITTEN COMMUNICATIONS 27. Letters from Don Mauney, DM Auto, regarding the gate to the alley at 225 W. 9th Street. NEW BUSINESS 28. Report on the subdivision of a vacant, 61,420 square foot lot into nine single-family parcels at the northwest corner of E. 16th Street and "M" Avenue. (Case File No. S-2000-2) (Planning) 29. Notice of Decision — Conditional Use Permit and Coastal Development Permit for a wireless communications facility on the east side of Tidelands Avenue between Civic Center Drive and 19th Street. (Applicant: Nextel Communications) (Case File No. CUP-2000-31/CDP-2000-6) (Planning) 30. Notice of Decision — Zone Variance concerning existing requirements for a parking lot at the northeast corner of "Q" Avenue and E. 16th Street. (Applicant: Copper Hills Apartments Limited Partnership) (Case File No. S-2000-2) (Planning) 31. Request to use the Community Center for a Beginning Teacher Support and Assessment Program and waiver of fees. (Public Works) 32. Application for a moved building located at 2131 Tidelands — BNSF Railroad. (Building and Safety) 33. Temporary Use Permit — National City Chamber of Commerce — Heritage Days Annual Parade of Vintage Cars and Auto Show. (Building and Safety) COUNCIL AGENDA 7/17/01 PAGE 7 NEW BUSINESS (cont.) 34. Temporary Use Permit - Sweetwater Town & Country Merchants - Salsa & Country Western Days. (Building and Safety) 35. Temporary Use Permit - St. Mary's Catholic Church - Annual Fall Festival/Fund Raising. (Building and Safety) -> CITY MANAGER -> CITY ATTORNEY -* OTHER STAFF -> MAYOR -* CITY COUNCIL PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. COUNCIL AGENDA 7/17/01 PAGE 8 NEW BUSINESS (cont.) ADJOURNMENT Next Regular City Council meeting — August 7, 2001 at 6:00 p.m. — Council Chambers, Civic Center TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVA►LABLE 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 Phone: (619) 336-4300 TDD: (619) 336-4304 MEMORANDUM DATE July 10, 2001 TO Park Morse, Assistant City Manager FROM Roger C. DeFratis P rrssonn ire to SUBJECT : EMPLOYEE INTRODUCTION PROGRAM CITY 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. Burt Myers Richard Juarez/Custodian June 25, 2001 Chief DiCerchio Joel Meriwether/Abandoned Vehicle Abatement Officer Aaron DePascale/Police Officer Tracy Maes/Police Officer June 12, 2001 June 19, 2001 July 10, 2001 xc: Burt Myers Chief DiCerchio RCD:Im Employee Intro Recycled Paper Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor DATE: JUNE 4, 2001 TO: COUNCILMEMBERS FROM: MAYOR GEORGE H. WATERS SUBJECT: EMPLOYEE RECOGNITION The following City employee will complete his twenty years of service with the City of National City on June 22, 2001: NAME ERIC J. HANSON POSITION : FIREFIGHTER HIRED JUNE 22, 1981 In honor of his service to our community, Mr. Hanson will be recognized at the Council meeting on July 17, 2001. /.� is GEOR E H. WATERS MAYOR GHW:nu cc: TOM McCABE, CITY MANAGER ERIC J. HANSON RANDY KIMBLE, FIRE CHIEF PERSONNEL DIRECTOR 85 Recycled Paper Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor June 26, 2001 TO: COUNCILMEMBERS FROM: MAYOR WATERS SUBJECT: PARKS & RECREATION ADVISORY BOARD We currently have one vacancy on the Parks & Recreation Advisory Board. Mr. Carlos Carrillo was recently interviewed by the City Council and desires to be considered for appointment. If there are no objections, I recommend we appoint Mr. Carrillo to the Parks & Recreation Advisory Board to complete an unexpired term ending March 31, 2002. This item will be placed on the Council Agenda for the meeting of Tuesday, July 17, 2001. �1 GEOR H. WATERS MAYOR GHW:nu ® Recycled Paper CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission ✓ Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Name: GAPZYz,ILL.O (Last) Home Address: Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee ✓ CPi2.LnS (First) e Letk- j.)Ot2 PLAC-E Birth Date 12. f Io ( t C) (Optional) Telephone: Residence ( (v 19 .. ' 7-5 (u c1(P b ) Business/Work ( (o . cj 7 a 2 5 NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? '30 SAN DIEGO COUNTY? 13 NATIONAL CITY? ARE YOU A REGISTERED VOTER: YES ., NO HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFFENSES) OR HAD A CIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: ✓. YES: (PLEASE ATTACH SEPARATE EXPLANATION) Colleges attended and degrees held, if any: vNlVEIL5Fr/ or SAN Di060 ` 8,A. 19(12-- Related Professional or Civic Experience: LAWJNu4% Cnl%I'`iet,I2 - Pkc rlc- l3jLi. t 5i - Pf-esErJT Please indicate below any further information that will be of value regarding your service on the above named boards, committees or commissions: J171slta(z f4Griki'1hail coi,Jc 11 iirt i tqc QQ�i;SL.rr) Uei..vNO-6C - /tf)S'L- 1M-a-SrN f3pSirty`tiML- Ce• Vc.it-itiS 1+•S,. 5 DATE: 1 S / 1 YOUR SIGNATURE RETURN COMPLETED FORM TO : CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 City of National City, California COUNCIL AGENDA STATEMENT July 17, 2001 MEETING DATE AGENDA ITEM NO. 1 i(eITEM TITLE PUBLIC HEARING -MODIFICATION OF A CONDITIONAL USE PERMIT FOR THE REMOVAL OF A SCREENING WALL AND EXTENSION OF THE HOURS OF OPERATION OF A MOBILE RECYCLING COLLECTION FACILITY WITH A VARIANCE TO ALLOW REVERSE VENDING MACHINES FURTHER THAN 30 FEET FROM THE MAIN ENTRY TO RALPHS MARKET AT 901 EUCLID AVENUE (APPLICANT: TOMRA PACIFIC INC.) (CASE FILE NOS. Ml-CUP- 199 -�/�Z-20011-7) PREPAREDDEPARTMENT Andrew Hoskinso Assistant Planner Planning EXPLANATION The Council approved CUP-1995-8 in November 1995. The applicant proposes to modify the approved CUP and to request a Variance to allow an update of the recycling collection facility. The attached report describes the proposal in detail. Environmental Review X /ACategorical Exemption Financial Statement N/A STAFF RECOMMENDATION Staff concurs with the Planning Commission and recommends that the Conditional Use Permit and Zone Account No. Variance be approved. BOARD I COMMISSION RECOMMENDATION The Planning Commission voted to approve the Zone Variance and recommend approval of the Condi- tional Use Permit. Vote: Ayes — Valderrama, Godshalk, Ungab, Martinelli, Detzer Absent —Parra alma- Ba,.,a ATTACHMENTS ( Listed Below } Resolution No. 1. Background Report 5. Department Comments 2. Planning Commission Resolution with Findings and Conditions 6. Notice of Exemption 3. City Council Resolution No. 95-165 7. Application and Applicant's Plans 4. Location Map A-200 (9/80) BACKGROUND REPORT The project involves modifying the existing mobile recycling collection facility to include three new recy- cling bins, which are designed to appear as a single structure. The new facility will have a roof, coordi- nated graphics, an interior work station for the recycling attendant and two reverse vending machines, automated machines that accept standard sized recyclable containers and return a credit slip. The facility will remain in its existing location on the north side of Ralphs market on Euclid Avenue. The reasonably attractive front of the facility will face west toward Euclid Avenue. The applicant will need to remove the existing screen wall on the north side of the facility since the recycling bins in the new facility are loaded and unloaded from the side. No parking will be affected. The hours of manned operation will also change from the current hours, which are 10:30 a.m. to 4:30 p.m. Tuesday through Saturday. The proposal is to open an hour earlier at 9:30 a.m. and to close a half-hour later at 5:00 p.m. The new reverse vending ma- chines will operate between 7:00 a.m. and 11:00 p.m. seven days a week. The addition of the reverse vending machines at the existing recycling collection facility location requires a Variance since they will be more than 30 feet from the main entry to Ralphs. Integration of the reverse vending machines into the new facility will make State required recycling more convenient, and will not impede pedestrian traffic as locating reverse vending machines within 30 feet of the entrance to Ralphs would. The integration of the reverse vending machines, the design of the new facility as a single struc- ture, the addition of a roof and use of coordinated graphics will make the new facility more attractive than the existing facility and block screen wall. So the modestly attractive facility will not need a block wall to screen it from view. The new recycling facility should also be safer since it includes safety lighting that the existing facility does not provide. The recycling use will remain incidental to the commercial uses in the shopping center, which include Ralphs, a tire shop and a video rental store. Nearby uses include apartments to the north and east, and commercial businesses across Euclid Avenue to the west and across Plaza Boulevard to the south. The City Council approved the original Conditional Use Permit to allow the existing mobile recycling collection facility in November 1995, and added a condition of approval requiring a block screening wall to obscure views of the facility from the apartments to the north and northeast. In May 2001 the Planning Commission held a public hearing on this project and voted to approve the Variance and recommend ap- proval of the Conditional Use Permit Modification. There was no testimony in opposition to the project. RESOLUTION NO. 18-2001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A MODIFICATION OF A CONDITIONAL USE PERMIT FOR THE REMOVAL OF A SCREENING WALL AND THE EXTENSION OF THE HOURS OF OPERATION FOR A MOBILE RECYCLING COLLECTION FACILITY AND APPROVING A VARIANCE TO ALLOW REVERSE VENDING MACHINES FURTHER THAN 30 FEET FROM THE MAIN ENTRY TO RALPHS MARKET AT 901 EUCLID AVENUE. APPLICANT: RICHARD KEARNS, TOMRA PACIFIC INC. CASE FILE NOS. M1-CUP-1995-8, Z-2001-7. WHEREAS, the Planning Commission of the City of National City considered an application for modification of Conditional Use Permit 1995-8. for the removal of a screening wall and the extension of the hours of operation and Zone Variance to allow reverse vending Machines further than 30 feet from the main entry to Ralph's Market at 901 Euclid Avenue at a duly advertised public hearing held on May 7, 2001 at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. M1-CUP-1995-8 and Z-2001-7, which are 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 May 7, 2001, support the following findings: FINDINGS FOR MODIFICATION OF THE CONDITIONAL USE PERMIT 1. That the modification is necessary to protect the public interest since the revised conditions allow for the existing recycling facilities to be updated and will improve the appearance of the property. 2. That the modification is necessary to permit reasonable operation and use under the Conditional Use Permit, since the modification will allow for existing recycling facilities to be replaced with more contemporary and attractive facilities. FINDINGS FOR APPROVAL OF THE ZONE VARIANCE 1. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since the location of the existing development in the shopping center, which contains the largest supermarket in the area, is such that placement of reverse vending machines within 30 feet of the store's front entryway would impede pedestrian access. 2. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since the reverse vending machines are permitted as an incidental use to a commercial use and must comply with approved plans. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since reverse vending machines are allowed in the Limited Commercial zone in conjunction with a permitted commercial use. BE IT FURTHER RESOLVED that the application for Modification of Conditional Use Permit and Zone Variance is approved subject to the following conditions: 1. Prior to this Conditional Use Permit Modification and Zone Variance becoming effective, the applicant shall provide evidence of State certification to the Planning Director. 2. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less than 6 feet shall be treated with "Graffiti Melt Coating" manufactured by Genesis Coatings, Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 3. The recycling collection facility shall have an attendant on duty between the hours of 9:30 a.m. to 5:00 p.m. Tuesday through Saturday, and the reverse vending machines shall operate between the hours of 7:00 a.m. and 11:00 p.m. Any change in the hours of operation shall be subject to approval of the Planning Director. 4. This facility shall only accept paper and glass, aluminum, and plastic containers having California Redemption Value. 5. Loitering at the facility or in it vicinity shall be prohibited. 6. If substantiated complaints are received regarding loitering, litter, noise, odors, or trash accumulation at the recycling collection facility or in the vicinity of the site, the Planning Commission may initiate proceedings for the revocation of the Conditional Use Permit. Such revocation shall occur if it is determined that the use is operating contrary to the conditions of approval or is negatively impacting nearby properties. 7. Advertising shall be limited to no greater than the amount specified in Chapter 18.95 of the National City Land Use Code. 8. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A and B, Case File nos. Ml- CUP-1995-8 and Z-2001-1, dated 4/13/01. 9. Before this Conditional Use Permit Modification and Zone Variance 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 Modification and Zone Variance. 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 Modification and Zone Variance 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. 10. The use of the property authorized by these permits shall be limited to a mobile recycling collection facility and reverse vending machines as an incidental use within a shopping center. 11. These permits 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. 12. These permits shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council for public hearing before the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of May 21, 2001, by the following vote: AYES: VALDERRAMA, GODSHALK, UNGAB, MARTINELLI, DETZER. NAYS: ABSENT: PARRA. ABSTAIN: BACA., RESOLUTION NO. 95-165 1119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A MOBILE RECYCLING FACILITY AT 901 EUCLID AVENUE. APPLICANT: RALPH ORSINO, MOBILE RECYCLING CORPORATION. CASE FILE NO. CUP-1995-8 WHEREAS, the appeal of the City Council from the Planning Commission's approval of Conditional Use Permit Application (CUP-1995-8) was considered by the City Council of the City of National City at a public hearing on November 14, 1995, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the City Council considered the staff report contained in Case File No. CUP-1995-8, which is maintained by the City and incorporated herein by reference; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State 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 City Council of the City of National City, California, that the testimony and evidence presented to the City Council at the public hearing held on November 14, 1995, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since there is adequate area on -site for a mobile recycling facility in accordance with Land Use Code requirements. 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 is expected to generate a minimal amount of additional traffic in a commercial center with frontage on Euclid Avenue and Plaza Boulevard. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the site is developed with commercial uses, and the nearest residence is separated from the proposed facility by approximately 200 feet. 4. That the proposed use is deemed essential and desirable to the public convenience or welfare, since it provides a convenient location for residents to recycle beverage containers in accordance with State regulations. CONTINUED ON PAGE 2 Resolution No. 9 5-16 5 Page 2 of 3 BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. Prior to this conditional use permit becoming effective, the applicant shall provide evidence of State certification to the Planning Director. 2. The applicant shall remove any graffiti from any structures or facilities associated with the use within 48 hours. 3. The recycling center shall operate only between the hours of 10:30 a.m. and 4:30 p. ., Tuesday through Saturday. An attendant shall be on duty duringthese hoursof the f operation. Any changes to these hours of operation shall be subject to approval Planning Director. 4. The facility shall accept newspaper and glass, aluminum and plastic beverage containers having California Redemption Value and newspaper. 5. Loitering at the facility or in its vicinity shall be prohibited. 6. If substantiated complaints are received regarding loitering, noise, odors, or trash accumulation at the recycling center or in the vicinity of the site, the Planning Commission may initiate proceedings for the revocation of the Conditional Use Permit. Such revocation shall occur if it is determined that the use is operating contrary to he conditions of approval or is negatively impacting nearby properties. 7. Advertising shall be limited to no greater than the amount specified in Chapter 18.95 of the National City Land Use Code. 8. Except as otherwise, required by conditions of approval, the facility shall be in conformance with Exhibit A, Case File No. CUP-1995-8, dated 7/26/95. 9. Before this Conditional Use Permit shall become effective, the applicant shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon 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 the Conditional Use Permit No. 1995-8 are binding on all present and 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. CONTINUED ON PAGE 3 1120 Resolution No. 9 5-16 5 Page 3 of 3 10. The use of the property authorized by this permit cha11 be limited to a mobile recycling facility as an incidental use within a shopping center. 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. 12. The facility shall be located at the north end of the building, adjacent to the loading dock, and it shall be screened with an architecturally -compatible masonry wall. BE IT FURTHER RESOLVED that copies of. this Resolution be transmitted forthwith to the applicant. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 21st day of November, 1995. GEORG H. WATERS, MAYOR Ai UST: LO ANNE PEOPLES, CITY CLERK APPROVED AS TO FORM: A3g": GEORGE H. EISER III -CITY ATTORNEY 1122 Passed and adopted by the Council of the City of National City, California, on November 21, 1995 by the following vote, to -wit: Ayes: Council Members Beauchamp, Inzunza, Morrison, Zarate, Waters. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California LORI ANNE PEOPLES City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 95-165 of the City of National City, California, passed and adopted by the Council of said City on November 21, 1995. City C of the City of National City, California By: Deputy 123 IP-PD SHOPPING CENTER LOCATION PROPOSED RECY COLLECTIO CILITY EXISTING SHOPPING CENTER BUILDINGS t ♦ IC -OS ZONE BOUNDARIES 410 LOCATION MAP 901 Euclid Avenue M1-CUP-1995-8/ Z-2001-7 NATIONAL CITY PLANNING DRN. DATE: 04/20/01 INITIAL HEARING: 5/7/01 NA IOi IA.i, C 'i'y City o National City. Building and Safety Department 1243 National City Blvd., National City, CA 91950-4397 (619) 336-4210 Fax (619) 336-4217 April 6, 2001 TO: Planning Department FROM: Kathleen Trees Building & Safety - artment SUBJECT: Ml-CUP-1995-8 901 Euclid Ave. Plans must comply with the 1998 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. Recycled Paper >„•\ City of National City • il\�T Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: M1-CUP-1995-8/Z-2001-7 Proiect Location: 901 Euclid Avenue, National City, CA 91950 Contact Person: Andrew Hoskinson Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Modification of a Conditional Use Permit for the removal of a screening wall and the extension of the hours of operation for a mobile recycling collection facility with a Variance to allow reverse vending machines further than 30 feet from the main entry to Ralphs market. Applicant: Richard Kearns, Tomra Pacific Inc. Telephone Number: (909) 663-1766 Exempt Status: Statutory Exemption. (State type and Section No., if applicable) Categorical Exemption. Class 2 Section 15302 (Replacement or Reconstruction) 111 Not a project as defined in Section 15378 of CEQA 11 Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: The proposal involves the replacement of 3 existing mobile recycling bins with three new mobile recycling bins and two reverse vending machines. The new recycling collection facility will be in the same location as the existing facility and will be smaller. Date: Andrew Hoskinson Planning Technician ® Recycled Paper .Ian-02-01 OStS6P PL G DEPARTMENT P.02 NATIONAL CITY, CALIFORNIA APPLICATION for MODIFICATION OF A Conditional Use Permit Planned Development Permit Planned Unit Development Permit Make checks payable to the City of National City PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE QM Case Number 4Jl1 — CUP --(?S ."-g Filing Fee S Receipt No. Date Received 3125101 By auctLxv0 E.A.F. Required N Fee $ Related Cases File application with the: National City Planning Department 1243 National City Boulevard 'Matia:lel City, Califamtie. 91950 (619) 336-4310 LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) PL B > ®l 1 e ra n%►�v s I vui 1- A. 0, e 4 ste VQnt4 -to tl-c f ias 5'bre re jPot Aecy c/r�u% Lilt) 5 l l P-46 l ` . PROPERTY LOCATION cJ 01 E u CL l b A t No. Street between and COMBINED GENERAL PLAN/ZONING DESIGNATION Conditional Use/Planned Doveiopmer t/Planed Unit Development Permit Modification Application Revised December. 199R Page l of 4 Jan-02-01 0St66P PL G DEPARTMENT 61 REQUEST: The Applicant requests a modification of: Conditional Use Permit No. Planned Development Permit No. , or Planned Unit Development Permit No, Please specify conditions to be deleted, added, or modified, or describe changes to the approved plans. Attach additional sheets if necessary. A� I g't X 8 t nv�'o r�e FixomiC 120! 1- ©Fr Cowviu & tiu/ et 12-i`e- 15-96A b Stee Not Tc. c ' t 2 rQ.09-Ask t oM.�g !�/,% lilit44..,tu2S a.NI) &A)`tClivtc-(' L Q©K c5$ i .1" e cir d/A/ C-QA* s. 4321 P.03 PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: ep,\9 is Name: Signature cee.- A4k ctiock Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: -_ I «' (A l f412i °sit Address: (Olt p In asz,2' CA Phone No. 3/D - S*'i"s&3 Fax No. Z rQ-tref-256� Date: Phone No. Fax No. Date: Conditional Use/Planned DcvolopmenllPlanned Unit Development Permit Modification Application Revised December. ] 998 Page 2 of 4 Jan-02-01 05:57P PL 6 DEPARTMENT 619 4321 P.04 APPLICANT ,,f/� Name: ,\c,NA.atro K€ S r PA PAC IC (P1eas or Print) Signature: Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: eV? /% Cit. "Z>fi . 1-00,1ccdtz cocmachArc,iet CA q/7'5a Phone No. '7oc!-civil-el-S'r? Fax No.1- 9 (if -G7 ego Date: 3 )-3 •b Qh Conditional Use/Planned Development/Planned Unit Development Permit Modification Application Revised December, 1998 Page 3 of 4 RALPHS GROCERY COMPANY P.O. BOX 54143, LOS ANGELES, CALIFORNIA 90054 October 9, 2000 To Whom It May Concern: Ralphs / Food 4 Less markets authorize TOMRA Pacific, Inc. to operate State Certified beverage container recycling centers at each of the market locations listed on Exhibit A. The attached site plan (Exhibit B) shows the exact placement of the center, as approved by Ralphs / Food 4 Less. This approval is for TOMRA's new rePLANET. recycling center that marries the best parts of a staffed recycling center with the best parts of an automated recycling center, along with substantial aesthetic improvements. Because of the vastly improved aesthetics of this new concept, Ralphs / Food 4 Less has asked that you please cooperate with our vendor, TOMRA Pacific, Inc., in granting approvals and authorizing their Governmental Compliance Manager to apply and pull the appropriate Building Permits for locations that are safe, accessible, and readily visible from the front area of the market. Electrical connections will be made by a licensed electrical contractor of TOMRA 's facilities. It is understood that TOMRA Pacific, Inc. will undertake such operations in accordance with all required local and State rules and regulations. Since the recycling center is an accessory of the Ralphs / Food 4 Less market, we allow the TOMRA employees full use of the restrooms and trash facilities. Ralphs / Food 4 Less is pleased to advance the state of recycling for our customers. Since the January 2000 expanded deposit legislation now includes all beverage containers, we must collect deposit (CRV) on the sale of all beverage containers from our customers. We feel that recycling is now more than ever a service to our customers that must be provided in a clean, safe, convenient, and friendly atmosphere as provided by TOMRA's rePLANET recycling centers. Sincerely, Mike Vriens Director - Store Operations Administration NATIONAL CITY, CALIFORNIA ZONE VARIANCE Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 . (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number � ' v� Filing Fee $ 7 Receipt No. ib/z2104 Date Received 3 ji3%t01 By �1tJ E.A.F. Required Fee $ Related Cases Ml - SEE FILING INSTRUCTIONS AND CHAPTER 18.114 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) PROPERTY LOCATION 9 0( t?C t- r A jc No. Street between and � � r- COMBINED GENERAL PLAN/ZONING DESIGNATION Zone Variance Application Revised December, 1998 Page 1 of 4 REQUEST: The Applicant requests a Zone Variance pursuant to Land Use Code Section number to use the above described property for the following purposes (state exactly what is intended to be done on, or with the property which does not conform with existing zoning regulations): P-eJ-eA .e. 11..anbi ma cAuAfes- mi sib t-e ‘Fvon t 11c9 to 'CA r b ' -Nsow s`to-te_ "- (, M 5.) A-sA24ectiS-e PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Zat 14,6v ,1 c Name: Signature s Mfa. cox Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) s application is being filed) Address: 1)00 w COvu P vt CA q 131-z_b Phone No. 3(6 — 2 s-s3 FaxNo. 3(b r6 ZSrbT Date: Address: Phone No. Fax No. Date: Zone Variance Application Revised December, 1998 Page 2 of 4 APPLICANT Name: (Please Signature: - (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). oI?/6 , St Address: yQiCfk �oCAf? ciAOA. , (j1 c1/i Phone No. Fax No. Date: q, c— q -23-c?1 Zone Variance Application Revised December, 1998 Page 3 of 4 Do More Than Recycle. DESCRIPTION OF OPERATION Tomra Pacific Inc. operates a small recycling collection facility, certified by the CA Dept. of Conservation and meeting the requirements of the CA Beverage Container & Litter Abatement Act of 1986 (AB2020). 17 The location consists of two beige colored roll -off containers which are all" x 8 and one beige roll -off container which is 18' x 8'. The containers are 9' high. The containers are situated in an area of 4a$square feet. The two large bins remain on the site and are exchanged when full and the small roll -off serves as storefront and houses the automated redemption machines. Our normal hours for the staffed operation are Tuesday - Saturday 9:30 am to 5:00 pm (lunch 1 to 1:30). The automated beverage container identification unit will operate in accordance with local ordinances:1r Upon arrival at the site, the customer's commodities are weighed and placed directly in the appropriate bin. The value of the commodity is entered into the computer and the customer is given a voucher that can be cashed or used towards purchases in the host store. During staffed or unstaffed hours the customer can use the automated beverage container identification unit which scans the object inserted, places a value on it and issues a voucher. Trucking information The individual 21' roll -off storage containers are picked up using a standard roll -off truck. The total length of the truck is 29' while carrying a 21' roll -off container. The roll -off truck picks up the container by backing up to the back end, lowering the truck rails so as to enable the container to be pulled up onto the truck with the steel cable that is controlled by the driver from inside the truck. Roll -off containers are picked up when they have been filled with recyclable beverage containers. They are scheduled for pickup at times that are in compliance with local ordinances so not to create noise or nuisance. The roll -off containers are placed such that the truck can back into them with approx. 50' running room for the truck. Roll -off pickups at the recycling center occur about 3-5 times per month. TflMRA PatIfI air T4.,2 F Fnnrrti Street_ Snire rRn. Santa Ana. CA 02701 Telephone 714 565-7585 Fax 714 565-7586 FPLI1H[T RECYCLING CENTERS VINYL LETTERS --- SIZE: 6' 3"w x 6"h COLOR: SAPPHIRE BLUE FONT META PLUS MEDIUM VINYL LOGOS -- SIZE: 2' 10"w x 2' 2'h COLORS: SAPPHIRE BLUE DARK TEAL, LIGHT TEAL & WHITE N REPLANET GRAPHIC LARGE FORMAT VINYL GRAPHIC PRINT WITH ANTI -GRAFFITI LAMINATE SIZE:11'10'w x 6'h COLORS: 4 COLOR PROCESS VINYL LETTERS SIZE: 3"h LETTERS COLOR: SAPPHIRE BLUE FONT: META PLUS MEDIUM SCA' 1/4" = 1'-0") B PLRNET mPLBNET SIDE f VIEW Recycling Center 4' 12' NATIONAL CITY PLANNING DEPT. EXHIBIT B CASE FILE NO. MI-CUP-1995-8/Z-2001-7 DATE: 4/13/2001 DO NOT REMOVE PLANNING DEPARTMENT NATIONAL CITY, CALIF. STATE REQUIRED CONTACT SIGN Piero Do Not Leave Material Unless Attendant Is Present 26' For To I Free N°`Calls Mof Inmation Mfor I77) mesa Please Do Not Leave Materiel Unless Attendant Is Present PLANET j,,i rn SIDE ACCESS SITE ELEVATION 1nMRK� ID2001 Tomra PaclNc�n,.. ; $.. FPLflflfT RECYCLING CENTERS VINYL LETTERS • SIZE: 8' 6'w x 8'h 5.7 SO. FT. COLOR: SAPPHIRE BLUE FONT: META PLUS MEDIUM VINYL LOGO • SIZE: 5' 1'w x 4'h 20.3 SQ. FT. COLORS: SAPPHIRE BLUE DARK TEAL, LIGHT TEAL & WHITE m PLONET REHRJVIEW Signs On Side Of Bins -Do More Than Recycle. e PLANET 16' 6" e PLANET in /''> SIDE ACCESS ,DMA 02001 Tomra Pacific Inc. rerlflofT RECYCLING CENTERS m PLHHET TOP J VIEW 468 TOTAL SQ. FT. SIDE ACCESS SCF 1/4" = SITE ELEVATION 02001 Tomra Pacific L, ,. rerlflfl(T RECYCLING CENTERS et r"a} TRASH STANCHIONS TOP I SCHEMATIC STORAGE WORKSTATION SCALE Three roll -off containers with Steel pre -fabricated roof e PLANET SIDE ACCESS 02001 Tomra Pacific Inc. FPLflflfT RECYCLING CENTERS m PLANET PflRItI11G LOTf CONFIGURATIONS SIDE ACCESS DIAGRAM 02001 Tomts Pao rerinn€T RECYCLING CENTERS VINYL STOREFRONT SIGN SIZE: 3' 2'w x 2' 7'h COLORS: SAPPHIRE BLUE ARUBA BLUE & TEAL MACHINE HOURS VINYL SIGNS SIZE: 30'w x 13"h COLORS: SAPPHIRE BLUE & WHITE VINYL LETTERS SIZE: 5'w x 6'h COLOR: SAPPHIRE BLUE FONT. META PLUS MEDIUM STAFF HOURS VINYL SIGN SIZE: 18"w x 18"11 COLOR: SAPPHIRE BLUE & WHITE RVM VINYL STICKER SIZE: 23"w x 11'h SCREENPRINTED ON WHITE VINYL COLORS: SAPPHIRE BLUE, TEAL & RED REPLANET GRAPHIC LARGE FORMAT VINYL GRAPHIC PRINT WITH ANTI -GRAFFITI LAMINATE SIZE: 6'w x 6'h COLORS: 4 COLOR PROCESS SCALE: 1/4" = 1'-0" m PLHHPT fon FROfT f VIEW MEETS ADA REQUIREMENTS SITE ELEVATION 02000 Tama Pacific Inc. City of National City, California COUNCIL AGENDA STATEMENT July 17, 2001 MEETING DATE AGENDA ITEM NO. 2 ITEM TITLE PUBLIC HEARING — APPEAL OF A COASTAL DEVELOPMENT PERMIT FOR A SANDBLAST MATERIALS STORAGE AND DISTRIBUTION FACILITY ON THE SOUTH SIDE OF BAY MARINA DRIVE APPROXIMATELY 335 FEET WEST OF HARRISON AVENUE/BAY MARINA WAY (APPLICANT: KLEEN BLAST.) (CASE FILE NO.: CDP-2001-1) PREPARED BY a. DEPARTMENT Andrew Hoskinson- Assistant Planner Planning XPL N :Tt1 ealed the Planning Commission's approval of this project with a letter dated June 12, 2001. The attached background report describes the proposal in detail. Environmental Review N/ Negative Declaration Financial Statement N/A STAFF RECOMMENDATION Staff recommends that the Coastal Development Permit be approved with all of the conditions from Plan- ning Commission Resolution No. 20-2001. BOARD I COMMISSION RECOMMENDATION The Planning Commission voted to approve the Conditional Use Permit. Vote: Ayes — Valderrama, Ungab, Baca, Martinelli Nays — Godschalk, Detzer Absent — Parra ATTACHMENTS ( Listed Below ) Resolution No. I. Background Report 5. Department and Agency Comments 2. Planning Commission Resolution with Findings and Conditions 6. Initial Study 3. Appeal Letter 7. Application and Applicant's Plans 4. Location Map 8. Kleen Blast Operations Information A-200 (9/80) BACKGROUND REPORT The applicant appealed Planning Commission approval of this Coastal Development Permit allowing construction of a sandblast material storage and distribution facility since they object to a condition re- quiring that permanent restroom facilities be provided. The attached appeal letter cites physical and fi- nancial difficulties in connecting to the sewer system. The .84 acre project site is a part of a 18.4 acre, U-shaped property in the Medium Manufacturing -Coastal Zone (MM-CZ). The portion of the parcel where the building will be built is currently vacant. There is an existing concrete batch plant to the south of the proposed use on the same parcel. Properties to the north- east and east are zoned Tourist Commercial and Tourist Commercial -Coastal Zone (CT and CT -CZ), and include the Railcar Plaza across Bay Marina Way, approximately 170 feet to the east. The manufacturing uses to the north, south and west include a warehouse, a concrete batch plant, and auto storage. The project involves the construction of a 4,826 square foot L-shaped building on the south side of Bay Marina Drive for the storage of sandblast material. At Staffs suggestion the applicant will paint the con- crete building brown and tan, and added a hipped roof with asphalt composition shingles to the minimal structure. Additionally, a portion of the front facade of the building, facing Bay Marina Drive, will be textured. The building will appear to be fully enclosed from Bay Marina Drive and Bay Marina Way; however, the building will not have walls on the south and west. Site improvements also include land- scaping on the north and east sides of the site. The landscaping includes trees and other plantings that will screen the use from Bay Marina Drive and Bay Marina Way. Approximately 16,470 square foot of the site will be paved, and 8 parking spaces will be provided. The applicant will also place a conveyor/stacker on site adjacent to existing railroad tracks. The conveyor/stacker will be used to unload the sandblast material, which will be brought to the site by railcar. The material will either be loaded directly into trucks to be taken off -site or will be moved into the building to be stored as loose bulk. The applicant will bag some of the material in a container, in the southeast corner of the building. The proposal was reviewed for potential environmental impacts. The proposal will not negatively impact air quality as the sandblast material is virtually dust free. The sandblast material is also non -toxic. The project will not impact the existing traffic congestion in the area, as the use will only generate approxi- mately six to ten truck trips per day. The Planning Commission discussed the nature of the sandblast material, the hours of operation and number of truck trips per day, compatibility with future Marina Development, and the lack of perma- nent restroom facilities. The Commission approved the project, as the use is permitted in the zone, and the new building will be compatible with nearby industrial uses. Planning Commission added a condi- tion requiring permanent restroom facilities be constructed prior to occupancy. RESOLUTION NO. 20-2001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT FOR A SAND BLAST MATERIALS STORAGE AND DISTRIBUTION FACILITY ON THE SOUTH SIDE OF BAY MARINA DRIVE APPROXIMATELY 335 FEET WEST OF HARRISON AVENUE/BAY MARINA WAY. APPLICANT: ABEL PARRA FOR KLEEN BLAST ABRASIVES CASE FILE NO. CDP-2001-1 WHEREAS, the Planning Commission of the City of National City considered a Coastal Development Permit application for a sand blast materials storage and distribution facility on the south side of Bay Marina Drive approximately 335 feet west of Harrison Avenue/Bay Marina Way at a duly advertised public hearing held on May 7, 2001, and continued to the meeting of May 21, 2001, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. CDP-2001 and IS-2001-1 which 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 May 7, and May 21, 2001, support the following fmdings: 1. That granting of the Coastal Development Permit is in conformity with the Certified Local Coastal Program, since the proposed sandblast material storage and distribution facility is an industrial use consistent with the Local Coastal Land Use Plan designation of Medium Manufacturing -Coastal Zone (MM-CZ) applicable to the property. 2. That granting of the Coastal Development Permit is consistent with all other plans and ordinances of the City, since the General Plan identifies this area for medium manufacturing uses and since the project complies with all Land Use Code requirements. BE IT FURTHER RESOLVED that the Planning Commission has considered the proposed Negative Declaration No. IS-2001-1 together with any comments received during the public review process, and finds on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment, approves the Negative Declaration, and authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that the application for Coastal Development Permit is approved subject to the following conditions: 1. This Coastal Development permit authorizes the development of a facility for the storage and distribution of a sand abrasive. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A-2nd revision, Case File no. CDP-2001-1, dated 4/18/01. 2. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 3. A drainage plan shall be submitted showing all of the proposed and existing on -site and off - site improvements. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with City requirements. 4. The deteriorated portions of the existing street improvements (approximately 10' of sidewalk and 15' of driveway) along the property frontages shall be removed and replaced. 5. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, they shall be restored by a licensed land surveyor or civil engineer after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the National City Engineering Department. 6. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. 7. During construction, Fire Department emergency access shall be maintained at all times and no Fire Department equipment or connections shall be obstructed. 8. A trash enclosure shall be provided in accordance with city standards. It shall have an exterior that matches the building. 9. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less than 6 feet shall be treated with "Graffiti Melt Coating" manufactured by Genesis Coatings, Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 10. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 11. The property owner shall submit a letter to Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 12. Before this Coastal Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and 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 Coastal Development Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of Coastal Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 13. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 14. Best management practices shall be used during construction and operation to prevent water sedimentation and dust emissions. 15. Thirty percent (30%) of the lower 12 feet of the front wall of the building shall be surfaced with glass, stone, wood, brick or decorative masonry. 16. This Coastal Development Permit shall be valid for one (1) year from the date of final City action. 17. Proposed landscaping shall include planting of tree species determined in consultation with CDC, in lieu of the proposed Eucalyptus trees. 18. The applicant shall remove the north section of the existing chainlink fence if it is agreeable to the property owner. 19. Plans submitted for building permits shall include permanent restroom facilities, which shall be installed prior to occupancy of the structure. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY. RESOLVED that this Resolution shall become effective and fmal on June 10, 2001 unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on that day. The City Council may 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 June 4, 2001, by the following vote: AYES: VALDERRAMA, UNGAB, BACA, MARTINELLI NAYS: GODSHALK, DETZER ABSENT: PARRA ABSTAIN: ABEL PARRA CONSULTANT PROJECT MANAGEMENT 845 E. 8TH ST., STE. C NATIONAL CITY, CA 91950 PH [619] 474-2243 June 11, 2001 Hon. George Waters, Mayor City of National City 1243 National City Blvd National City, Ca 91950 NATIONAL, CITY PLANNING DEPARTMENT 2051 Ref: CDP-2001-1, IS-2002-1 appeal of condition 19. Hon. Mayor. The above referenced project was approved on May 21, 2001 by the Planning Commission and the subsequent resolution on June 4, 2001, with the following condition: 19. Plans submitted for building permits shall include permanent restroom facilities. which shall be installed prior to occupancy of the structure. Kleen Blast appeals the above condition on the following grounds: • The nearest possible connection is approximately 525 — 550 feet from the proposed structure. • It is an unusually large and heavy burden for a project of this size; it will add approximately $70,000 to $80,000 to a project originally estimated at $160,000. • The connection to the existing facilities will disrupt traffic along Bay Marina Drive for weeks, if not months. • A co -tenant is presently on portable sanitary facilities. • The recently constructed railway museum to the east of the proposed project has no permanent connection to City sewer. All of this information was not available to the Planning Commission, Planning Department nor us at the time condition #19 was placed on the facility. Thank you for your consideration. Respectfully, c.c.: Kleen Blast '' µ PROJECT SITE PROJECT PARCEL` ZONE BOUNDARY +_ — EXISTING CONCRETE .• BATCH PLANT N A LOCATION MAP 920 Bay Marina Drive NATIONAL CITY PLANNING DRN. DATE: 04/23/01 INITIAL CDP-2001-01 HEARING: 05/07/01 NATIONAL CITY PLANNING DEPARTMENT LANIN DEPARTMENT City o National City Office of the City Engineer 1243 National City Blvd., National City, California 91950-4397 (619) 336-4380 January 30, 2001 ENGINEERING REQUIREMENTS FOR NEW STORAGE BUILDING To: Roger G. Post, Director of Planning Department From: Adam J. Landa, Engineering Department Via: Stephen M. Kirkpatrick, Principal Civil Engineer Subject: NEW STORAGE BUILDING AT 920 BAY MARINA DRIVE 1. A drainage plan shall be submitted showing all of the proposed and existing on -site and off - site improvements. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements (Appendix Chapter 33 C.B.C. and Ordinance 99-2164). 2. The deteriorated portions of the existing street improvements ( approximately 10' of sidewalk and 15' of driveway) along the property frontages shall be removed and replaced (Ordinance 1473, 1491, 1734,1927, 1954, 92-2033). 3. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, they shall be restored by a licensed land surveyor or civil engineer after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the National City Engineering Department (Ordinance 99-2164). 4. A permit shall be obtained from the Engineering Department for all improvement work within the Public Right -of -Way. (Ordinance 1473, 1491, 1734, 1927, 1954, 92-2033). AJL:jha2 920b a t Recycled Paver NATIONAL CITY PLANNING DEPARTMENT National City Fire Department 333 16th Street National City, California 91950 (619) 336-4550 The fire department will require emergency access be maintained at all times and that no fire department equipment or connections be obstructed. If you have any questions please call the number above. Jeff Burriss Deputy Fire Marshal City of National City Building and Safety Department 1243 National City Blvd., National City, CA 91950-4397 (619) 336-4210 Fax (619) 336-4217 January 23, 2001 TO: Planning Department FROM: Kathleen Trees Building & Safety Department SUBJECT: 920 Bay Marina Dr. NATIONAL CITY PLANNING i I ART ENT 1 Plans must comply with the 1998 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. NATIONAL CITY PLANNING Di PARTMENT �i. 3 ND POLLUTION I ONIIML DDiIDICT COUNTY OF SAN DIEGO Air Pollution Greg Cox Dianne Jacob Pam Slater Ron Roberts Bill Horn Control Board District 1 District 2 District 3 District 4 District 5 Air Pollution Control District R. J. Sommerville Director January 25, 2001 TO: DEPARTMENT OF PLANNING AND LAND USE FROM: AIR POLLUTION CONTROL DISTRICT RE: CASE NO. CDP-2001-1 The following comments are APCD's response to Case No. CDP-2001-1: Dust control measures shall be taken to minimize dust emissions. Applications from the Air Pollution Control District may be required for equipment and processes located on site. Contact the Air Pollution Control District at (858) 650-4700. If you have any questions, please contact Karen Wilkins at (858) 650-4556. KW:el 9150 Chesapeake Drive ® San Diego ® California 92123-1096 ® (858) 650-4700 FAX (858) 650-4659 ® Smoking Vehicle Hotline 1-800-28-SMOKE 4AN-SO-2001 TUE 12:12 ID:COASTAL COMMISSION TEL:619767 Z$ 4 Date: PROM: SUBJECT: City of National City Planning Department 1243 National City Blvd., National City, CA 81950 (619) 336-4310 ROGER G. POST - DIRECTOR PliONTAL LA �lVdNIG DE n g scpNT January 18, 2001 ,}AN 2 5 20D1 CITY OF NATIONAL CITY PLANNING DEPARTMENT CALIFORNIA COASTAL COMMISSION Case File No: CDP=2001-1 for sand blast materials stormay Marina Dr. This Coastal Development Permit has been submitted for Planning Commission consideration. It requests to construct a 5,290 square foot, partially open structure and to pave 5. 330 square feet of a lot area. Please submit your comments or recommendations on the proposed project by January 29, 2001. It is very Important that your comments alert us to any aspects of the proposal which conflict with regulations that your department or agency administers. If you have no comments regarding the project, please check and sign below, and return this notice and the enclosed plans. If you have any questions, please contact me at 336-4310. Thank you. Andrew Moskinson Planning Technician No comments cc: Building & Safety Department Engineering Department Fire Department Police Department Port District of San Diego Pacific Bell California Coastal Commission Cox Cable . Ultronics, Inc. San Diego Gas & Electric Sweetwater Authority California Regional Water Quality Control Board San Diego Air Pollution Control District L as `tltit. �4l5 Wt�"�' `� f�t1 hsrtc55tOV4 S �,��e 300A:dim& 4. all no*iees %pc1,44 Snot Pry- Gt`^i'Ai5 c s 4D Cot+c'Eir i flMO tf on. sit.m.J.d. Joe kft-liPiredt L'o ast4 .et... -- Recycled Paper SWEETWATER AUTHORITY 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 http://wWW.sweetwater.org. February 6, 2001 INATioAAA fl LL GOVERNING BOARD„ MARGARET COOK WELSH, CHAIR JAMES'JIM' DOUD. VICE CHAIR SUE JARRETT BUD POCKUNGTON GEORGE H. WATERS J.S. SKI WOLNIEWICZ CARY F. WRIGHT WANDA AVERY TREASURER MARISA FARPO 4.FRIEDMAN SECRETARY Mr. Roger G. Post, Director City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Subject: WATER AVAILABILITY 920 BAY MARINA BLVD., NATIONAL CITY CASE NO.: CDP-2001-1 (SAND BLAST MATERIAL STORAGE AND DISTRIBUTION) SWA Gen. File: Water Availability, 2001 Dear Mr. Post: This letter is in response to a Coastal Development Permit Application for the subject property within the Sweetwater Authority service area. There is a 12-3/4" water main located on the north side of Bay Marina Blvd., adjacent to the proposed development. The Authority's records indicate that there are four water services in the project area. Enclosed is a copy of 1/4 SEC. 175 map, which shows the water facilities. At this time, we cannot comment on the adequacy of the existing system to provide fire protection for this project. As plans develop for structures, the Owner must submit a letter to the Authority from the appropriate fire agency stating fire flow requirements. Based on this requirement, this project may result in the need for new water systems or substantial alteration to the existing water system. The Authority recommends that your Agency work with ours to determine if the existing water facilities are adequate to meet the added demands prior to issuing a building permit. Please note that Sweetwater Authority requires a ten -foot horizontal separation between sewer and water laterals. A Public Water Agency Servinv National City, Chula Vista and Surrounding Areas Mr. Roger G. Post City of National City Planning Dept. Re: CASE NO.: CDP-2001-1 If the Owner provides the required fire flow information and enters into an agreement with the Authority for water facility improvements, if required, water service can be obtained at a pressure ranging from a maximum of 102 p.s.i. to a minimum of 92 p.s.i. If you have any questions, please contact Mr. Russell Collins at 422-8395, ext. 639. Very truly yours, SW EETWATER AUTHORITY Hector Martinez Deputy Chief Engineer HM:LJE enclosure: photocopy of 1/4 SEC. 175 map pc: Kleen Blast Abrasives 2600 Old Crow Canyon Rd. Suite 200 San Ramon, CA 94583 I:\engpool\Laurie\Wtravail\920 Bay Marina Kleen Blast.doc , ‘,04* City National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR INITIAL STUDY Project plans & Environmental Assessment form received on: February 22, 2001 Environmental Assessment form determined complete by: Andrew Hoskinson, Planning Technician Initial Study completed by: Andrew Hoskinson Case File No.: IS-2001-1 Reference Files: CDP-2001-1 Date: March 30, 2001 Date: April 3, 2001 Address of Project: 920 Bay Marina Drive, National City, CA 91950 Project Description: The proposed project consists of the construction of a 4,826 square foot building roofed and.enclosed on 3 sides for sand blast materials storage, an outdoor under -railroad car conveyor/stacker and associated site improvements, including paving and landscaping. Environmental Setting: The project site is an approximately 0.84 acre portion of an 18.49 acre parcel on Bay Marina Drive. There is a railroad spur adjacent to the project site on the east. Other nearby uses include a cement distribution company, a regional distribution warehouse, an automobile storage lot and the Historic Railcar Plaza. The project site is flat, undeveloped but disturbed land. There are existing juniper trees along the north property line. There is a 30-foot wide asphalt concrete drive aisle that extends along the west property line from Bay Marina Drive to Riverside Cement Co. on the southern portion of the parcel. The site is fenced on the north, west and east. Conclusion: 1) X A Negative Declaration is proposed, since X (a) There is no substantial evidence that the project may have a significant effect on the environment; or Rervded Paper (b) The project may result in a significant environmental impact but revisions in the plans by the applicant mitigate or avoid the effects where clearly no significant effects would occur; or 2) An EIR is required since the project may result in a significant environmental impact. RECOMMENDATION: That the decision -making body consider the proposed Negative Declaration together with any comments received during the public review process and find on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. There is no substantial evidence that the project will have a significant impact on the environment based on the following discussion of potential, non -significant impacts. LAND USE: The proposed project is in conformance with the National City General Plan, the Local Coastal Program Land Use Plan and the Manufacturing Medium (MM) zone desipition of the proposed site. LIGHT AND GLARE: Citycode The sand blast storage facility will include both interior and exterior lighting. requires that the proposed lighting be directed away from adjoining properties. In addition, the landscaping proposed for the project will reduce the light and glare from the property. The facility is consistent with the character of the area, which contains other storage and distribution facilities, and will not result in any significant increase in light or glare. ALTERATION OF VIEWS: Currently the project site is vacant land with minimal landscaping. The proposed storage facility will have a maximum height of 22 feet 6 inches, and will be visible from nearby. properties. The proposed storage facility and operating equipment would have the most impact on the Railcar Plaza to the east. However, the landscaping proposed with the project will screen the use from the Railcar Plaza, and future tourist developments along Bay Marina Way. Additionally, the landscaping proposed with the project will screen other existing industrial uses to the west of the project site from the Railcar Plaza. The proposed project, including the required landscaping, will not have an adverse impact on views. TRAFFIC: There will be no adverse impacts from traffic associated with the project. The proposed project will employ 5 persons at 920 Bay Marina Drive for a total of 10 to 15 automobile trips per day. Material will be delivered to project site by railcar. The material will be shipped from the site by pneumatic trucks and 10-wheelers. Based on the volume of material being delivered to the site and the capacities of the trucks to transport the material from the site there will be an average of 3 truckloads per day or an average of 6 truck trips per day. The maximum number of trucklo. ds expected in any one day would be 6 to 8 for a total of 12-16 truck trips per day. According to the 1995 National City Transportation Study Bay Marina Drive, near the project site, is a 4-lane collector with a design capacity of 10,000 ADT. As of 1998, the existing ADT on Bay Marina Drive from Harrison to the I-5 on -ramp was 7,000. The traffic increase associated with the proposed project is insignificant in light of the existing traffic volumes and the design capacity of Bay Marina Drive. Additionally the City has future plans to construct an eastbound travel lane on Bay Marina Drive from Harrison to the 1-5 southbound on -ramp to accommodate truck and automobile traffic. NOISE: The proposed project will not produce any adverse impacts associated with noise. Manufacturing uses border the project site on the west, north and south. The closest sensitive noise receptor in the vicinity is the Railcar Plaza, zoned CT (Commercial Tourist), and located over 100 feet from the project's eastern property line. The equipment employed by the proposed project will produce maximum noise levels of 85db averaged over an hour. The loudest piece of equipment, the sewing machine (85db) that is used to close the bags of material will operate in the proposed structure and the rest of the equipment will operate in or near the proposed structure. The maximum exterior noise level for commercial zones, as specified by the National City Municipal Code, is 65db (A). The distance of the Railcar Plaza from the proposed noise sources, the noise screening characteristics of the proposed structure and the existing ambient noise levels in the area reduce the noise potential of the proposed project to an insignificant level. AIR QUALITY: The proposed project will not adversely impact air quality. The proposed project will store and distribute an almost odorless, dust free abrasive material. San Diego County Air Pollution Control District staff has preliminarily indicated that the proposed project will not require any air pollution permits. WATER QUALITY: The proposed project will not result in any adverse impacts to water quality. The existing on -site drainage patterns, to the north, will remain upon project completion. The project is exempted from the requirement of coverage under the NPDES General Permit for Discharge of Storm Water Associated with Industrial Activity because of the small scale of construction activities, under 1 acre of land disturbed. The sand blast material will be handled and stored under the roof of the proposed building, so there will be little risk of non -hazardous non -soluble materials infiltrating storm water. REFERENCES: Comments from Regional Water Quality Control Board San Diego Region Comments from San Diego County Air Pollution Control District Comments from Sweetwater Authority Harbor District Specific Plan Kleen Blast Letter: Equipment Noise and Project Traffic National City General Plan National City Local Coastal Program National City Municipal Code: Title 12 Noise Control and Title 18 Zoning National City Transportation Study s� THE CITY OF NATIONAL CITY, CALIFORNIA ENVIRONMENTAL ASSESSMENT FORM NOTICE The information you provide in this form will be used to determine whether or not an environmental impact report is needed. To avoid unnecessary project delays, the information you provide should be complete, accurate and unbiased. CITY OF NATIONAL CITY, CALIFORNIA PLANNING DEPARTMENT INITIAL STUDY GENERAL INFORMATION PLANNING DEPARTMENT FILE NO. (PLEASE PRINT OR TYPE) ;,� y DATE 1 - c�5' •Zoe 1 TYPE OF PERMIT REQUIRED Co43 tis !'� Lv E-A-o PerNe. Et PERMIT APPLICANT K L+C.ANB c ds PHONE NO. (425) $31- `,h8 0 0 NAME AND ADDRESS OF PERMIT APPLICANT K t.r +-' & n 6a 2Gors d<-a C201-AJ. Cp�y40 . � 't: ZOO $,d,u fZ^a•••ov , CA 945e NAME AND ADDRESS OF THE PROPERTY OWNER 3 , a., l,4 c-ra u t�1 v.14.a.,.+-sd'"�"' ��' 14.4.0.04/ 744 E.6 1' Cake -DR, 5e i a1E2uss_mulut CA. 924.08. 3571 NAME AND ADDRESS OF THE PERSON WHO PREPARED THE PLAN A04.4_, PA.A .qa. /545 L. 84:k S4. sZ- C. k 0NA . ( T"7, (,,,t► gl950 DATE OF PREPARATION I. 4,. Zew' j LEGAL DESCRIPTION OF THE JOB SITE PoSz7-1ov o t-tknk uivec5. niAP NG. 546 SITE ADDRESS cj Z O t3i. -j m A I t U a FOR RESIDENTIAL: NO. OF DWELLING UNITS FOR COMMERCIAL: TYPE OF BUILDING SQUARE FOOTAGE FOR INDUSTRIAL: TYPE OF BUILDING SQUARE FOOTAGE OTHER: TYPE OF BUILDING --r- t '- T �1l' CeSeuL SQUARE FOOTAGE CITY OF NATIONAL CITY, CALIFORNIA INITIAL STUDY (General Instructions) The State of California requires cities to assess the environmental impact of all development projects before permits for such action are issued. The attached form will assist you in presenting the environmental effects of your project. The form consists of the following sections. A. BACKGROUND INFORMATION You will be asked to give a general description of the project and its environmental setting. B. ASSESSMENT OF ENVIRONMENTAL IMPACP You will be asked to respond to a gPries of yes/no questions. A "yes" answer will mean the project could have significant environmental effects. These., answers will be reviewed by the Environmental Impact Canmittee to determine whether an Environmental Impact Report will be required.. C. STATE ENT OF ND SIGNIFICANT ENVIRONMENTAL EFFECTS You should complete this section only if you answer "yes" to one or more of the questions in Section B, but still believe the project will have no significant environmental effects. D. ADDITIONAL DATA You may be asked to answer other questions and submit additional information to determine whether an EIR is required for the project. If required information is not submitted within four (4) months fran receipt of written notification by the Planning Department, or an extender priod of time acceptable to staff, the application and project shall be considered withdrawn. E. CERTIFICATION You will be asked to certify the truth and accuracy of your statements. INITIAL STUDY (continued) A. Background Information 1. Give a brief description of the proposed project. Include within this discussion the principal engineering proposals. 2. Describe the environmental setting, including distinguishing natural and man-made characteristics. The discussion should be of the site without (before) the project and include the imme- diate areas surrounding the site. A. Background Information 1. Give a brief description of the proposed project. It is proposed to transfer existing operations from a City of San Diego site adjacent to a railroad siding to the National City site where similar railroad siding facilities exist. The operation calls for railroad cars to transport a specialty aggregate [product] into the subject site to be distributed to local and nearby clients. The product is either bagged or distributed in bulk, at the option of the client. In order to unload the product, an under -railroad car conveyor [24"x18'] is used, which is pivoted under the car and then it discharges into a portable 24"x50' conveyor, or stacker. The stacker will either discharge directly into a totally enclosed truck -container which will transport the product directly to the client, or will be discharged onto a skip loader. The skip loader will transport the product to one of 4 storage bins. The bins will be located inside a covered L-shape structured, which will be open on one side. The bins will be separated by commonly used blocks of concrete that typically measure 3'x3'x6', or by tilt -up concrete wall panels. A 9'X8' truck axle platform scale will be placed in the vicinity of the stacker. The L-shape structure will be constructed of tilt -up concrete wall panels and columns; it will cover approximately 5,290 square feet in area and will be 30 feet in depth. The floor will be concrete, and the structure will be covered by a truss -type roofing system. The colors of the L-shaped structure will be sandstone [tan] accentuated with brown trim. The roofing will also be sandstone in color. An 8'X8'x24' portable office and an 8'x8'x24' portable container to house maintenance parts and miscellaneous tools to will be placed within the cover of the L-shaped structure. Portable sanitary facilities will be used on site, the same as used by the bulk cement facility that is also on this parcel. An asphalt concrete apron 12' wide along the L-shaped structure will be part of the improvements; truck parking will be provided along the westerly boundary of the site — on a strip approximately 15' wide by 1.95'; also, an apron will be paved underneath the stacker to assure easy and positive cleanup of any spilled product; the total sum of paving is in the order of 5,330 s.f.. An existing 30' wide a.c. paved driveway traverses the site in a northerly — southerly direction. This driveway will serve a tenant to the south [Pacific Cement] and the applicant. Please refer to plan for extent of pavement. 2. Describe the environmental setting, including natural and man-made characteristics. The project site consists of approximately 0.843 acre of an 18.49 acres parcel and is zoned MM-CZ, appropriate for the intended use. It fronts on Bay Marina Dr [an 801 wide improved street with sidewalks on both sides] and has access via a 30' wide driveway, that is also used by another tenant [Pacific Cement] of the 18.49 acre parcel. The facilities of Pacific Cement are southerly of the proposed project and basically consist of rail car cement unloading facilities, e.g., large overhead silo[s] to store the cement and load the distribution trucks. A 30' paved driveway leads from Bay Marina Dr. through the project site to Pacific Cement; it will serve both tenants. The topography is flat. It has two rail spurs; one that serves Pacific Cement, and the other one that will service the proposed project. The most northerly spur is the southerly boundary of the project site. The project site is fenced on three sides by a 6' chain link fence on the North, East and West; there is no fence separating Pacific Cement from the proposed project, and none is proposed. Fronting Bay Marina Dr., the fence is set back approximately 8-1/2 feet from the property line. The fence is interlaced with brown slats on the North side. It is proposed to interlace the fence with matching slats on the East side. There are 13 `twisting junipers' between the fence and the northerly property line spaced approximately 10 feet on center. To the East of the project site is the Rail Depot Museum under construction, separated by approximately 150' of railways. To the North and across Bay Marina Dr., Georgia Pacific has their distributing warehouse facilities. To the West, a car storage lot is adjacent to the property line. Approximately 150 feet westerly of the property line, are the offices of the Department of Social Services, Children's Bureau. Southerly of the site, Pacific Cement has their facilities. There are no natural or man-made features that can be considered unique within the site or adjacent to it, including the Railway Depot Museum. The museum is properly situated in an environment of railways and related industrial facilities. INITIAL STUDY (continued) B. ASSESSMENT OE ENVIRONMENTAL IMPACT Answer the following questions by placing a check in the appropriate space in Column A. Specific Questions 1. Does the project significantly change the present use of the project area? (The project area includes the im- mediate location of the project, as well as more remote areas that may be directly or indirectly affected by construction and/or operation of the project.) 2. Does the project alter any unique, natural or manmade features? 3. Does the project affect the conser- vation of any natural or scenic re- sources or scarce natural resources? 4. Does the project alter the biological habitat of flora, fauna or endangered species? 5. Does the project alter or change ex- isting features of any ocean, beach, estuary, bay or tidelands? 6. Does the project alter the land form of topography in excess of 25 percent? 7. Will the project contribute to in- crease flooding? 8. Will the project increase the possi- bility of erosion or sedimentation? 9. Does the project involve any geologi- cal hazards? 10. Will the project increase the possi- bility of earth slippage? Column A Column B Staff Analysis Yes Maybe No 'Yes Maybe No ✓I � 11. Will the project contribute advers- ly to the quality of air? ✓ 1 INITIAL STUDY (continued) B. ASSESSMENT OF ENVIRONMENTAL IMPACT (continued) Column A 12. Will the project affect the use of existing -or proposed recreational areas? Column B Staff Analysis Yes Maybe No Yes Abe No 13. Will the project affect areas of his- toric, archaeological or aesthetic value? (The setting of such sites includes surrounding areas, the nature of which are important to the under- standing and enjoyment of the site itself.) 14. Will the project accelerate the dev- elopment of adjoining non -urban areas? (Examples include the introduction of facilities such as streets, roads, water mains or sewerage lines in such a manner as to facilitate development or intensification of the use of an area.) 15. Will the project tax the City's or other _agency's ability to provide necessary. facilities? 16. Will the project require any variance from existing environmental standards (air, water, noise)? 17. Will the project alter the character of existing communities? (Examples in- clude, but are not limited to: Changes in traffic patterns Effects on access within the com- munity to commercial establish- ments, schools, parks, etc. Introduction of activities not presently found within the community.) 18. Is the land use proposed by the pro- ject in opposition to the City's ex- isting: plans, programs, and policies? INITIAL STUDY (continued) B. ASSESSMENT OF ENVIRONMENTAL IMPACT (continued) Column A 19. Will the project require a change in zone, adopted community or general plan? 20. Does the project require any variation from existing codes and ordinances? 21. Will the project significantly change the average population density of the community? 22. Will the project alter the lifestyle of the community? Column B Staff Analysis Yes Maybe No 'Yes 23. Will the project result in overcrowding, a lack of privacy for adjoining develop- ment within the community? 24. Will the project alter or eliminate views? 25. Will the project reduce solar access or opportunities for passive heating and cooling on the site or on nearby property or result in other effects on climate or micro -climate? 26. Will the project result in increased light or glare? 27. Will the project alter or limit access to public facilities or recreational resources? 28. Will the project affect existing transportation systems? 29. Will the project affect the existing utility networks? 30. Will the project affect the existing community facilities or city services? 31. Does the project involve the demolition or removal of existing improvements? ✓ I ✓ INITIAL STUDY (continued) B. ASSESSMENT OE ENVIRONMENTAL IMPACT (continued) Column A Yes Maybe No' 32. Does the project alter or improve the employment base of the community? _ 33. Could the project significantly affect the potential use, extraction, or conser- vation of a scarce natural resource? (Ex- amples include, but are not limited to: Developments which effectively pre- clude the extraction of the region's rock, sand, gravel, or other mineral resources. Uses which effectively preclude the multiple use of regional natural resources in scarce supply. Activities which tend to diminish the supply or availability of regional natural resources that are in scarce supply.) 34. Are any of the natural or manmade fea- tures in the project area unique, that is not found in other parts of the City, County, State, or nation? (Unique features include those areas, structures, biological phenomena, etc., that exhibit distinguish- ing characteristics not found in other areas, or, only in a small number of other areas. Such features can be either good or bad for human health, safety, comfort, or conveniences.) ._ Column B Staff Analysis Yes Maybe No ENVIRONMENTAL ASSESSMENT STATEMENT (continued) C. STATEMENT OF NO SIGNIFICANT ENVIRONMENIKL EFFECTS If you have answered yes to one or more of the questions in Section B, but still think the project will have no significant environmental effects, indicate your reasons below. THIS IS VERY IMPORTANT. Attach additional pages, if necessary. ` q €. P20.1 w' - 1,742A iu$ 41.A. 5 fCm Rt,5 jkt ' a,v 1>.ttFGst, 'TO it/Al-ie....$.4.4._ =2•fr D. ADDITIONAL DATA 1. If there are any Army Corps of Engineers or other Governmental Agency public noticeor permit numbers applicable to this project, cite them and give dates. N 2. Estimate the amount of grading in cubic yards. 3. What are the maximum heights of man-made slopes, etc. E. CERTIFICATION I hereby acknowledge that the above Environmental Assessment Statement is true and accurate to the best of my knowledge. LIHate I S- Zci v 1 Signed A Permit App Date 1 - 8 • v Signed Person who completed this application Chairman George H.Waters Members Mitch Beauchamp Nick Inzunza Ron Morrison Fred Soto Executive Director Paul Desrochers Interoffice Memo Preserving History.. Shaping the Future Community Development Commission of National City NATIONAL CITY PLANNING DEPARTMENT M;a; 0 4 2001 Date: 5/04/01 To: Roger Post, Planning Director Cc: Paul Desrochers, Executive Director From: Eric Crockett, Project Coordinator RE: CDP-2001-1,IS-2001-1 (Kleen Blast) The Community Development Commission (CDC) has reviewed the project plans and the Negative Declaration for the proposed development at 920 Bay Marina Drive. The CDC has determined that the proposed development does not comply with the redevelopment goals and objectives for the area as outlined in the redevelopment plan and that the development represents a potential for an adverse effect on the environment requiring an Environmental Impact Report (EIR). The specific concerns are as follows: • NOISE: The proposed use is less than 150 ft from the Tourist Commercial District and will produce noise levels averaged over an hour of 85db, which is louder than the average noise created by aircraft at Lindberg Field. To compare this noise level to existing conditions it is appropriate to review the noise study conducted in August of 1998, by the CDC, on the North side of Bay Marina Drive in front of the Santa Fe Depot. This study found that the average noise dB created by truck traffic and other surrounding uses was only 68.6 dB. A noise study is necessary to evaluate what the parameters where in determining the noise average of 85dB and one should be prepared. • TRAFFIC: Increase in truck traffic into the site. Ingress into the site, without modifications to Bay Marina Drive, will further increase the stacking of trucks along Bay Marina Drive. Currently, traffic backs up when the current tenant of the site enters. To intensify the use and traffic into the site without modifications to Bay Marina Drive, to allow for a dedicated turn pocket into the proposed development site will increase the stacking of trucks and automobiles in front of the Tourist Commercial District located less than 150, ft 5/4/2001 www.ci.national-city.ca.us 1 Interoffice Memo away. A traffic study is necessary to evaluate whether the turning movements into the site would produce an adverse effect on traffic in the area. • LANDSCAPING: The proposed landscaping is not visually compatible with the existing landscaping along Marina Way and Bay Marina Drive. The Port of San Diego is utilizing landscaping along Bay Marina Drive and at the National Distribution Center that complements the landscaping on Marina Way and utilizes the species identified in the Harbor District Specific Area Plan. The CDC would prefer to see landscaping that complements the newly landscaped areas along Marina Way and Bay Marina Drive and that the Eucalyptus Trees be eliminated and replaced with a tree that will not create perches for Raptors preying on species within Paradise Marsh. The CDC does not feel that the proposed use is in accordance with the redevelopment goals for the area. The proposed project represents a potential for an adverse effect on the environment and on the proposed Tourist Commercial uses to the Northeast, East and Paradise Marsh National Wildlife Refuge. The proposed Negative Declaration does not appear to be the proper environmental assessment for the project and an Environmental Impact Report should be prepared to evaluate the noise and traffic impacts associated with the proposed development. Further, the existing operations located within Downtown San Diego is not aesthetically pleasing or well maintained creating visual_ blight and the CDC is concerned that the same condition will occur in National City. The CDC does not support the project as submitted because it does not carry out the goals of the Redevelopment Plan for the area and may inhibit future tourist commercial development to the Northeast and East and recommend that and EIR be prepared. 5/04/2001 2 Item No. 6 May 21, 2001 Initial Studv 2001-1: Revised Response to Comments Comment 1: "NOISE: The proposed use is less than 150 feet from the Tourist Commercial District and will produce noise levels averaged over an hour of 85dB, which is louder than the average noise created by aircraft at Lindberg Field. To compare this noise level to existing conditions it is appropriate to review the noise study conducted in August 1998, by the CDC, on the North side of Bay Marina Drive in front of the Santa Fe Depot. This study found that the average noise dB created by truck traffic and other surrounding uses was only 68.6dB. A noise study is necessary to evaluate what the parameters where in determining the noise average of 85dB and one should be prepared." Response to Comment 1: Sound levels for the equipment that will operate at the site were taken by the applicant using a sound level meter equipped with an omnidirectional electret condenser microphone with a range of 50-126 dB. All equipment was measured while under full load. The equipment and their associated noise levels at the source averaged over an hour are presented in Table 1. Table Item Forklift Front-end loader Trucks Conveyor system Sewing machine Bag scale Air compressor 1: Equipment Noise Measurements Activity dB at source dB at 10 feet .loading/unloading material handling transportation material reclocation bagging operation weighing product air supply sourc 75 75 80 70 85 70 75 74 70 76 62 75 65 75 The site is approximately 170 feet from Marina Way, Tourist Commercial Zone to the east. Only the forklift, front-end loader, trucks and conveyor system will operate outside of the cover of the proposed building. As the sound waves travel away from the source the sound energy is dispersed over a greater area decreasing the sound power, resulting in a decrease of 3 dB for each doubling of the distance from the source. The sound of the loudest piece of equipment, the sewing machine (85 dB at the source) would be reduced to 56 dB(A) 140 feet to the northeast at the Commercial Tourist Zone boundary. This factors in the noise attenuation characteristics of the bagging container and the 10-inch thick concrete walls of the building that the sewing machine will be located inside. Community Development Commission staff is aware of the noise potential of the project and are satisfied that the project will not negatively impact the proposed redevelopment uses in the Commercial Tourist Zone. Comment 2: "TRAFFIC: Increase in truck traffic into the site. Ingress into the site, without modifications to Bay Marina Drive, will further increase the stacking of trucks along Bay Marina Drive. Currently, traffic backs up when the current tenant of the site enters. To intensify the use and traffic into the site without modifications to Bay Marina Drive, to allow for a dedicated pocket into the proposed development site will increase the stacking of trucks and automobiles in front of the Tourist Commercial District located less than 150 feet away. A traffic study is necessary to evaluate whether the turning movements into the site would produce an adverse effect on traffic into the area." Response to Comment 2: The proposed project would increase the traffic along Bay Marina Drive by approximately 15 car trips per day, and eight truck trips per day. Each truck trip is the equivalent of approximately two car trips, so there would be a total increase of approximately 31 trips per day. This amounts to an increase of less than .5% on a collector street with over 7,000 Average Daily Trips (ADT) as of 1998. Since the capacity of the roadway is 10,000 ADT, this small increase should not be significant. In addition to the modest number of truck trips, most of the sandblast material would be shipped to the shipyards on Harbor Drive in San Diego, so many of the trucks could be routed west from the project site to Tidelands Avenue. CDC staff is pleased that Kleen Blast has agreed to cooperate with the CDC on future traffic studies and possible future re-routing of truck traffic in the Harbor District Area. Comment 3: "LANDSCAPING: The proposed landscaping is not visually compatible with the existing landscaping along Marina Way, and Bay Marina Drive. The Port of San Diego is utilizing landscaping along Bay Marina Drive and at the National Distribution Center that complements the landscaping on Marina Way and utilizes the species identified in the Harbor District Specific Area Plan. The CDC would prefer to see landscaping that complements the newly landscaped areas along Marina Way and that the Eucalyptus Trees be eliminated and replaced with a tree that will not create perches for Raptors preying on species within Paradise Marsh." Response to Comment 3: The project meets the landscape requirements for a new development in the Medium Manufacturing Zone. Additionally, approval of the Coastal Development Permit requires that a detailed landscape and irrigation plan be submitted to the Planning Director for approval prior to the approval of a building permit. Due to the height of the proposed trees and their distance from the marsh, there are no potential perching opportunities from the proposed landscaping. The applicant has agreed to change tree types to a variety that is more compatible with nearby commercial tourist development. The staff report includes a condition specifying tree types suggested by the Parks and Recreation Department staff for use with this project. The trees would still effectively screen the proposed structure from Bay Marina Drive and Bay Marina Way. NATIONAL CITY, CALIFORNIA COASTAL DEVELOPMENT PERMIT APPLICATION Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 FOR DEPARTMENT USE ONLY Date Received 11 Q 1 b t Received By APFo Assigned to: Case File Number (s) ?— —1 Filing Fee $ Woo Receipt No. _ 16717— E.A.F. Required )X Fee $ 35D —' Reviewing Body: Planning Department Planning Commission City Council Appealable to Coastal Commission? YES )C NO All items marked with * to be verged by staff 1. Applicants Information Applicant's Information Name k LIrw a.4,457- A 4.,AsiName Address z4.ao O&.zu CRow t.+ R.cl- Address Sic ; Sam /7-4ino.aG+► 1 �5 8v Phone Phone (fZ5) 851- $ 8.00 Signature i-/' c` , FAX NO.(its) It31- 9 a 3 Date 1 • S Z..av Signature FAX NO. Date Agent's Information A4:> /- 1 54.5 E. 8-1), 34. C /S.rtor.A` C: CA 9/154 L�l9) 474 - r.2- 43 C1) ¢74- - 433 1 Coastal Development Permit Application Revised December, 1997 Page 1 of 4 2. Agent's Authorization S c c Lt� A I, , hereby authorize A L 1'7Y, to act as my agent and to bind me in all matters concerning this application. • 7aed Signature of Applicant Date 3. Property Owner(s)* 5 it. Present owner(s) of all property included in this application MUST SIGN HERE: (attach extra sheets if necessary) I (we) the undersigned declare that I (we) am (are) the PROPERTY OWNER(s) and hereby authorize the below signed applicant to act as my (our) agent for the submittal of necessary application materials. Signature of Owner(s) Signature of Owner(s) Name Name Address Address Phone Phone Signature Signature Date Date 4. ProjectQpLocation Address 4(•] P , .,- - 9 20 t3.Q RA w W (between Ll s t 1A and T-1 A *J...,0....2 D 3 d Litt ) Assessor's Parcel Number(s)* SSgr . / G. 6 • /`7` Lot area (square feet) f $ . 49 4 C. Existing use J es i.,� C k M f .�'T l� sr/L. rtc,J 011..;Adjacent uses tit s t, c } �g wa,-< !n11 �s v Ac AZZ-- Zoning* l'l r+'1 -- C �. LCP (Land Use Plan) Designation* i'h ,v1 _ C.. •Z Coastal Development Permit Application Revised December, 1997 Page 2 of 4 5. Project Description Sz A-17 Name of Project Describe development proposal, including incidental improvements (i.e., street improvements, utilities, etc.): If land division, state number of proposed parcels, parcel sizes, etc.: / Project height Z. I R Parking (no. of spaces) aS Grading required? l-+ o Building coverage Spillb5ZU sq.ft. Paving coverage S zyoo (AJ.e w) sq.ft. /4 Soe £r,srl (if yes, attach details and plans) Diking, dredging, or filling of open coastal waters of wetlands? (if yes, attach details) 6. Attachments Proof of applicant's legal interest in the property. Project plans, folded to 81/2" x 11", including site plans, floor plans, elevations, grading and drainage plans, and landscaping plans. (20 sets of project plans are required for coastal development permits that involve Planning Commission action. For permits requiring only Planning Department approval, 4 sets are required). List of: a. all property owners and residents within 100 feet of the property lines of the project site; and b. all other parties known to the applicant to have an interest in the proposed development. (instructions are attached) Coastal Development Permit Application Revised December, 1997 Page 3 of 4 7. Certification Stamped, addressed envelopes for each of the owners, residents, and other parties listed above (additional sets are required for potential appeals to the city). Detailed description (if any, from No. 5 above). I, p k„�, ( , ` hereby declare that the foregoing is, to the best of my knowledge, true and correct and understand that failure to provide truthful and accurate information necessary to process this permit application, or to provide notice as required, may result in delay in processing the application or may constitute grounds for revocation of the permit requested herein. 'mil Signature of Applicant C S'`�" �'��✓ a Tr-/-c WE Coastal Development Permit Application Revised December, 1997 Page 4 of 4 5. Project Description [modified 4/9/2001; 4/18/2001] Name of project: Kleen Blast - Describe development proposal,.... It is proposed to transfer existing operations from a City of San Diego site adjacent to a railroad siding to the National City site where similar railroad siding facilities exist. The operation calls for railroad cars to transport a specialty aggregate [product] into the subject site to be distributed to local and nearby clients. The product is either bagged or distributed in bulk, at the option of the client. In order to unload the product, an under -railroad car conveyor [24"x18'] is used, which is pivoted under the car and then it discharges into a portable 24"x50' conveyor, or stacker. The stacker will either discharge directly into a totally enclosed truck -container which will transport the product directly to the client, or will be discharged onto a skip loader or 10 yard end dump truck. The skip loader or end dump 10 yard truck will transport the product to one of 4 storage bins. The bins will be located inside a covered L-shape structured, which will be open on one side. The bins will be separated by commonly used blocks of concrete that typically measure 3'x3'x6', or by tilt -up concrete wall panels. It is proposed to replace the portable 24"x50' conveyor with a bucket elevator within a year. The elevator will be approximately 32' in height and will have a 'footprint' of approximately 5'X7'. Please see accompanying plan and elevations. A 9'X8' truck axle platform scale will be placed in the vicinity of the stacker. The L-shape structure will be constructed of tilt -up concrete wall panels and columns; it will cover approximately 4,826 square feet in area and will be 30 and 25 feet in depth. The floor will be concrete, and the structure will be covered by a truss -type roofing system. Two [2] 8'X8'x24' wood sided and wood covered storage structures will house maintenance parts, bags, records and miscellaneous tools; these will be placed within the cover of the L-shaped structure. The site will be paved with asphalt concrete to accommodate parking and on -site traffic; truck parking will be provided along the westerly boundary of the site — on a strip approximately 13' wide by 195'; also, an apron will be paved underneath the stacker to assure easy and positive cleanup of any spilled product; the total sum of additional paving is in the order of 12iNg s.f.. Io,S33 An existing 30' wide a.c. paved driveway traverses the site in a northerly — southerly direction. This driveway will serve a tenant to the south [Pacific Cement] and the applicant. Please refer to plan for extent of pavement. NATIONAL CITY PLANNING DEPARTMENT APR BNSF CRAIG L. WULFSBERG Burlington. Northern Santa Fe Manager lndustrla! Development 740 East Carnegie Drive San Bernardino, CA 92408-3571 (909) 386-4047 (909) 386-4045 FAX City of National City 1243 National City Blvd. National City, California 91950 January 2, 2001 Dear Sir or Madam, Burlington Northern Santa Fe Railway ("BNSF") is the owner of certain property located in National City, California 91950, generally described as: 920 Bay Marina Drive (formerly 24th St.) Assessor's Parcel No. 559-160-14. Kleen Blast, located at 2600 Old Crow Canyon Road, Suite 200 in San Ramon, California is in the Process of negotiating with BNSF in order to relocate their facilities from property 'within the City of San Diego to the BNSF owned property referenced above ("BNSF Property"). In order to develop the BNSF Property for Kleen Blast's purposes, it will be necessary for Kleen Blast to obtain certain permits, including a Coastal Development Permit. We understand that the application for permits may be made by either BNSF, as the record owner of the BNSF Property, or by any other person who can demonstrate a legal right, interest, or other entitlement to use the property on which the development is to be located. By this letter, BNSF hereby authorizes Kleen Blast to submit all necessary application materials required for the development of the BNSF Property. BNSF requires that its signature be required before any permit is actually issued. If there is anything I can help with or any questions, please call. Thank Yo Craig Wulfsberg CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT yy,��� L�al lF't�,C �il. On %"� �QO / before me, V c .e �Q Doe, N obits") State of California County of Date personally appeared )vSS. Name and Title(e.g.,Jane VICTORIA YOHN ■ Commission # 1217950 Notary Public -Coifomia San Bernardino County [ My Comm. Elf res Way 1, 2003 Place Notary Seal Above Name(s) of er(s) Cipersonally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. UG Signature Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: /'"o? _ 9- z) / Signer(s) Other Than Named Above: Signer's Naes) Claimed by Signers i ,G E Signer's Name: (� C� ❑ CoIndrporate Corporate Officer — Title(s): A"t- Number of Pages: ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: /V'z'f .(icguir RIGHT TH OF 5 JMBPRINT GNER Top of thumb here '' =y� ©1997 National Notary Association • 9350 De Soto Ave., P.D. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder. Call Toll -Free 1-800-676-6827 • DISCHARGE CHUTE$ EXIST. IT CHAIN LINK FENCE PATH BRONN SLATE: PLANT ITIGAL *AN DIEGO RED BCUBASNILLEA® 6'0.0. ALONG FENCE. IBI.6 GAL CRASPEDOCARRAACACIA OR EQUAL .'i COLOR: TNUBNONNCOhiBO• • NORTHERLY VIEW NID-6GALCMBPEO A EXIST. 5' CHANI LINK FENCE WITH BROM SLATS EXIST S CHAN LINK FENCE WITH PLANT�1GAL 'OWN N ELATE:IETO RED BOUGAINVILLEA O 6'0.C. ALONG PINCE. BRONNTAN COMBO 1 1117 %•, is .. � EASTERLY VIEW 1'• ID EXIST P CHAIN LNK FENCE: NSTALL BROWN SLATS AND PUNT I1II GAL'SAN DIEGO RED' BOUGAINNLLEAO 5' O.C. ALONG FENCE. KLEEN-BLAST PROPOSAL OF MAY 21, 2001 NORTHERLY VIEW L.la EASTERLY VIEW L•.ta �IIIL III 1 ill Illllirl{i Ill. MIST., CHAIN LNK FENCE _NM {{B�R���OML SLATS: REV BO76�VL LLSAAO a O.C. ALONG FENCE. A EXIST "CHAIN L NK FENCE; INSTALL AND PLANT I DSI SWROM NDIE00 REDBIJGASMLLEAO OC. ALONG FENCE. Sa MIAOW YAMara• Will LINK BROTIN SLATS FENCE EXIST. S'CNATL MI FENCE YAM BROAN SLAtS; PLANT 111,GAL'TAN DIEGO RED EGSGANNLLEA$ S'OZ. ALONG FENCE. 30 DRIVEVWY KLEEN - BLAST PROPOSAL OF MAY 7, 2001 HEADQUARTERS 2600 Old Crow Canyon Rd., Suite 2 San Ramon, CA 94583 (925) 831-9800 (800) 356-7323 FAX (925) 831-9183 Wholesale Equipment, Parts, and Supplies A Division of CanAm Minerals Inc.. Material Safety Data Sheet Complies with ANSI Z400.1 Draft Standard for the Preparation of Material Safety Data Sheets, Copyright 1991, Chemical Manufacturers Association U.S. Department of Labor Complies with OSHA Hazard Communication Standard 29 CFR 1910.1200 WAREHOUSES 1448 St. Paul Ave. Tacoma, WA 98421 (253) 383-2168 (800) 228-4786 FAX (253) 383-2267 3650 N.W. Yeon Ave. Portland, OR 97120 (503) 228-3965 (800) 634-8499 FAX (503) 228-6807 30028 Industrial Pkwy. S. Hayward, CA 94544 (510) 471-2100 (800) 227-1134 FAX (510) 471-2447 Section 1: CHEMICAL PRODUCT AND CHEMICAL IDENTIFICATION Identity (as used on label and list): Synonym(s): 8-12 (Large), 16, 16-30, 35, 30-60 (Fine) (numbers indicated are all nomenclature for sizing) Manufacturer's Name: Emergency Telephone: Information Telephone: Address: Prepared by: Date Prepared: Kleen Blast Kleen Blast Division (925) 831-9800 (925) 831-9800 2600 Old Crow Canyon Rd., Suite 200 San Ramon, CA 94583 Health & Safety 26 December 1993 Revised: May 13, 1998 Section 2: COMPOSITION/INFORMATION ON INGREDIENTS Contents: Vitreous Smelter Slag 99% - 100% C.A.S. #67711-92-6 Formula: Not Applicable Chemical Family: Iron -Calcium -Silicate (complex silicate) with fused oxides of Si, Fe, Ca, Al, Mg. Typical Chemical Composition: 38.1% SiO2; 27.4% Fe203; 22.8% CaO; 5.7% A1203; 3.9% MgO; other fused oxides @ <1.0%. Chemical composition shown is typical, elemental concentrations may vary slightly between batches or lots. Note: Kleen Blast contains < 0.1% crystalline silica. All of the U.S. EPA RCRA 8 metals, the 17 California listed metals, the 17 California listed metals, Washington and Oregon listed metals are either nondetected or below the regulatory limits, as well as the lower limits as specified by the U.S. Navy under MIL-A-22262A (SH), specifications for blasting abrasives. TCLP, TTLC and STLC analytical results of metal contents are available upon request. Trace levels of heavy metal contaminants may be present so users need to determine employee exposures. Permissible Exposure Limits OSHA PEL: Total Nuisance Dust: 10 mg/m3 Respirable Dust: 5 mg/m3 Kleen Blast 1 Section 3: HAZARDS IDENTIFICATION This product does not contain substances at levels regulated: -by OSHA under 29 CFR 1910.1200 -by USEPA under 40 CFR 302.4 and 40 CFR 355.4 -by USEPA under 40 CFR 261.20 -by USEPA under 40 CFR 116.4 This product is not hazardous material based upon current information and testing results. Kleen Blast has prepared this material safety data sheet in order to provide product information which will assist our customers in complying with all state and federal waste and hazard minimization laws as well as all state and federal transportation laws. Appearance and Odor: Health Hazards (acute): Health Hazards (chronic): Black angular to sub -angular granules with no apparent odor. Trauma hazard associated with handling equipment or sudden release of large volumes. Abrasion injuries possible during blastir operations or similar exposure. Respiratoryillness as a result of long-term exposure to particulates is possible. NIOSH-approved particulate respirators should be used during blasting operations. Company testing indicates no PEL exposures in the blasting environment of any trace metal contaminants. Job specific testing needs to conducted by users Physical/Chemical Characteristics Boiling Point NA Vapor Pressure (mm Hg) NA Vapor Density (Air=1) NA Solubility in Water None Section 4: First Aid Measures Specialized medical treatment required: No Specific Gravity (H20=1) Melting Point Evaporation Rate (Butyl Acetate=1) 2.8 2400 F None None Toxicity Data: Not toxic to mammals or aquatic environments. Not persistent in the environment. Freshwater and saltwater bioassays performed according to the State of Washington available upon request. Kleen Blast 2 Health Hazard Data (non -chemical) Target Organs: Route(s) of Entry: Lungs, eyes, skin. Inhalation Skin Fine particulates (PM- 10) in the form of dust possible during loading/unloading, processing and packaging. Carcinogenicity None Teratogenic No Abrasion injuries with high velocity, direct exposure to skin. NTP No Mutagenic No Eyes Abrasion injuries possible if safety glasses are not worn. Contact lens use may be dangerous when handling this product. IARC Monographs None Ingestion Toxic effects will not occur. OSHA -Regulated No Signs and symptoms of exposure - likely only in extreme and unusual conditions: Inhalation Coughing, shortness of breath Skin Eyes Redness, sensitivity Redness, watering Ingestion Unknown Medical conditions aggravated by exposure - likely only in extreme and unusual conditions: Inhalation Skin Existing disorder Existing disorder increases risk of discomfort and injury. Eyes Contact lens use increases risk of discomfort and injury Ingestion Unknown Emergency and first aid procedures — likely only in extreme and unusual conditions: Trunk/torso/limbs: Skin: Eyes: Inhalation: Ingestion: Kleen Blast Follow procedures appropriate to abrasion or trauma injuries Follow procedures appropriate to abrasion injuries. Flush thoroughly with cool running water. Follow procedures appropriate to dust inhalation. Not likely. Note to physicians: e� l No toxic substances are present in tip: roduct. Special Note: Additional health hazards may be encountered during abrasive blasting operations while removir— paints, coatings, rust, etc. Specific health hazards and environmental concerns must be properly assessed by thc: user and/or potential waste generator. Section 5: FIRE AND EXPLOSION HAZARD Flash Point (Method Used): Flammable Limits: Pyrophoric, oxidizer, organic peroxide: Pressurized during shipment: Extinguishing Media: Special Fire Fighting Procedures: Unusual Fire/Explosion Hazards: Reactivity Data Stability: Conditions to avoid: Materials to avoid (incompatibility): Hazardous decomposition or by-products: Hazardous polymerization: NA LEL: NA No No NA NA NA UEL: NA Stable None None None Will not occur Section 6: ACCIDENTAL RELEASE MEASURES Loading/unloading: A release will pose a housekeeping problem. Material should be swept or vacuumed into appropriate containers. Waste disposal method: Precautions to be taken in handling and storing: Exposure Controls: If the spent grit remains uncontaminated per the Resource Recovery and Conservation Act (RCRA), then the material meets the definition of a solid waste and may be disposed of pet local regulations. If the spent grit material has been used in a manner that accumulates contaminates at levels above those specified under RCRA, then the waste is defined as hazardous and must be managed per federal or state regulations governing hazardous waste. Follow good housekeeping practices to reduce practices to reduce airborne emissions. Use approved respiratory protection and clothing in abrasive blast environments. Respiratory protection: NIOSH-approved respiratory equipment- abrasive blast environments. Personal protection: NIOSH-appr. garments and head gear during blasting operations. }Clean Blast 4 Engineering controls: Local Exhaust Mechanical Exhaust Special Exhaust Other During May be appropriate May be appropriate May be required loading/Unloading during processing. during normal during unusual abrasive blasting abrasive blasting operations. operations. DEPARTMENT OF TRANSPORTATION REQUIREMENTS Kleen Blast Name of Contents: Abrasive grit Constituents: No hazardous substances at regulated levels Hazard Class: Not applicable UN/NA Number: Not applicable 5 Winston H. Hickox Agency Secretary it Resources Boa0 Alan C. Lloyd, Ph.D. Chairman 1001 I Street • P.O. Box 2815 • Sacramento, Califomia 95812 • www.arb.ca.gov March 19, 2001 Mr. Greg Weyl Kleen Blast Division, CanAm Minerals 2600 Old Crow Canyon Road, Suite 202 San Ramon, California 94583 Dear Mr. Weyl: Gray Davi-- Governor Abrasive Blasting Certification We are pleased to inform you that your company's products on the enclosed list have been certified for permissible dry outdoor blasting until August 31, 2002. This certification is based on the presumption that you will pay the invoice for the testing which will be mailed to you. Failure to submit payment of the fee will result in termination of your certification. We will send you a copy of your test results after you have paid the future invoice. Should you have any questions or need further assistance, please contact Ms. Kathryn Gugeler at (916) 327-1521. All correspondence should be addressed to me at the post office box above. Robert R. Leonard, Chief Surveillance Branch Compliance Division Enclosure California Environmental Protection Agency Printed on Recycled Paper State of California • Air Resources Board Executive Order G-00-066 Certification of Abrasives for Permissible Outdoor Blasting WHEREAS, Health and Safety Code section 41900 authorizes the Air Resources Board (ARB) to adopt abrasive blasting standards; WHEREAS, in Title 17, California Code of Regulations, section 92000, et seq. the ARB has established abrasive blasting standards; WHEREAS, Title 17, California Code of Regulations, section 92500(c), provides in part that any permissible abrasive blasting operation conducted outside a permanent building must use exclusively wet abrasive blasting, hydroblasting, vacuum blasting, or abrasives certified by the ARB for permissible dry outdoor blasting; WHEREAS, the abrasives listed in Exhibit A (attached) have been tested in accordance with "Method of Test for Abrasive Media Evaluation," Test Method No. California 371-A, dated May 15, 1975, including the "Visible Emission Evaluation Test Method for Selected Abrasives Used in Permissible Dry Outdoor Blasting" as adopted by the Air Resources Board. on April 1, 1991 for some selected abrasives, and all have been found to comply with the abrasive certification performance standards set forth in Title 17, California Code of Regulations, section 92530(b); WHEREAS, the ARB's Executive Officer pursuant to Health and Safety Code section 39516 issued Executive Order G-891 delegating to the Chief of the Board's Compliance Division the authority to certify abrasives in accordance with Title 17, California Code of Regulations, section 92530(a); NOW, THEREFORE, I, James J. Morgester, Chief of the Air Resources Board's Compliance Division, order certified the abrasives listed in Exhibit A for permissible dry outdoor blasting pursuant to Title 17, California Code of Regulations, section 92530; IT IS FURTHER ORDERED pursuant to Title 17, California Code of Regulations, section 92530 (a), that the certifications granted by this Executive Order will expire on the respective dates listed in Exhibit A and thereafter no previously listed abrasive will be permissible for dry outdoor blasting until recertified in accordance with Title 17, California Code of Regulations, section 92530; IT IS FURTHER ORDERED that Executive Order G-00-058 is superseded by this order. Executed this 26th day of December , 2000 at Scrame •., California. James J. Morgester, Chief Compliance Division Tim Spurgeon 2600 Old Crow Canyon Road, Suite 20K. San Ramon, California 94583 (925) 831-9800 FAX (925) 831-9183 Plant 30028 Industrial Parkway SW Hayward, CA Plant • Pacific Abrasives & Supply, Inc. 2465 Carson Road Grand Forks, BC Canada Distributors for above products: Gordon Sand Company Clint LeGrant 2201 So. Santa Fe Ave. Compton, CA 90221 (323) 774-7930 FAX (310) 537-2483 Kleen Blast Abrasives (Northern California) Don Stephenson 30028 Industrial Parkway Hayward,.CA 94544 - (925) 471-2I00 FAX (925) 471-2447 Kleen Blast Abrasives (Southern California) Rick Christiansen 93 8th Ave. San Diego, CA 92101 (619) 239-1092 FAX (619) 239-1096 Kleen Blast Abrasives (Oregon) Craig Pritchard 3650 N. W. Yeon Ave. Portland, OR 97210 (503) 228-3965 FAX (503) 228-6807 Kleen Blast #30-60/15% Blastox Kleen Blast #16-30/15% Blastox Kleen Blast #35/15% Blastox Kleen Blast #8/12 Kleen Blast #16 Kleen Blast #16/30 Kleen Blast #35 Kleen Blast #30/60 8/31/01 8/31/01 8/31/01 8/31/02 8/31/02 8/31/02 8/31/02 8/31/02 Kleen Blast Abrasives (Washington) Dave Ketrenos 1448 St Paul Ave. Tacoma, WA 98421 (253) 383-2168 FAX (253) 383-2267 Prime Equipment Company R. Al Williams 2177 Jerrold Avenue San Francisco, CA 94124 ' (415) 282-7290 FAX (415) 920-0520 USF Surface Preparation Richard S. Brumley 18416 S. Santa Fe Avenue Rancho Dominguez, CA 90221 (310) 637-3427 FAX (310) 637-1198 DEPARTMENT OF THE NAVY MARE ISLAND NAVAL SHIPYARD VALLEJO, CALIFORNIA 94582-S1-00 IN REFtY REFER T0i 9631 'From: Commander, Mare Island Naval Shipyard � f To: Commander, Naval Sea Systems Command (SEA 55Z3) Subj: QUALIFICATION TESTING OF "KLEEN BLAST" ABRASIVE BLASTING MEDIA Ref: a. NAUSEA ltr 4123 OPR:55Z314 Ser 55Z3/1973 of 20 Jul 87 b Military Specification MIL-A-22262A(SH) c NAVSHIPYD MARE 1tr 9631 Ser'134.6/229 of 7'0ct 87 • d Work Request No. 00221875D3143-SPEC DEP:3143 of 27 Oct 87 Enci:. (1) Test Results for Qualification of "Kleen Blast" to MIL-A-22262A(SH) 1. Reference (a) authorized the Mare Island Naval Shipyard Paint Laboratory (Code 134.6) to test "Kleen Blast" abrasive blasting material to determine .. conformance with the requirements for Type I of reference (b). The required 400-pound sample was submitted as requested by reference (c). The sample was received by the Paint Laboratory an 7 December 1987. Funding was provided by Kleen Blast Division of Leisure Investment. Company per reference (d) on November 1987. 2. The test results for "Kleen.Blast"'are forwarded as enclosure (1). All testing requirements conform to the specification, MIL-A-22262A(SH). The metals content was performed by a.laboratory certified by the State of California to perform analysis for hazardous wastes. "Kleen Blast" is presently authorized by the California Air Resources Board (CARE) for dry, unconfined blasting. • 3. It is recommended that "Kleen Blast" be accepted as a qualified material to MIL-A-22262A(SH). E.'SMI By direction Copy to: NAVSEA (SEA 5523, Phyllis Parker) NAVSEA (SEA 05M1) Bucket Elevator Page Page 1 of 1 A typical bucket elevator consists of a series of buckets mounted on a chain or conveyor belt moving materials straight up at 90 degrees. This traditional method of conveying is one of the most economical, efficient and dependable means of elevating loose bulk materials. The initial cost is low, maintenance is minimal and a long life can be expected. 12' "Centrifugal" discharge type bucket elevators are designed to handle fine, free flowing type materials which can be dug from the elevator boot. Small lumps can be handled, providing the proper bucket size is used. Buckets on chain or belt, travel at speeds high enough to discharge materials by centrifugal force as they pass around the head terminal. "Continuous" discharge type bucket elevators are often used for and designed to handle sluggish, aerated materials having a lumpy texture. Continuously spaced buckets, traveling at slower speeds than the centrifugal type, are designed so that the fronts and extended sides from a chute as they pass around the head terminal. Gravity causes the material to gently flow out of the buckets and down the chute formed by the preceeding buckets in the discharge spout. CHARGE Bucket elevators requiring special paints, finishes, AR plate liners, lined inlet and discharge chutes can be provided for adverse, severe duty surrounding environmental conditions. HOME Send e-mail to dce@tusco.net tusco.net All Contents Copyright 1996, Dover Conveyor & Equipment Co., Inc. All rights reserved. http://web.tusco.net/dce/bucket.htm 5/9/01 19258319183 MAY-11-2001 FRI 02:01 PM KLEE ; AST FAX NO. 19258 mry 183 P. 02 May 8, 2001 grkgal INDUSTRIAL `'SERVICES SPENT GRIT REMOVAL 2600 Old GroW Canyon Rd., • Su118 202 • San Ramon, CA 04583-1616 (925) 931.9802 • (925) 631 9183 FAX To: Mr. Andrew Hoskinson Planning Technician City of National City Planning Department 1243 National City Blvd. National City, CA 91950 From: Steve Humphrey Environmental Manager Kleen Industrial Services 2600 Old Crow Canyon Rd. San Ramon, CA 94583 Subject: CDP-2001-1 CanAm Minerals, Inc., DBA Kleen Blast Abrasives Dear Mr. Hoskinson, Please accept the following supplemental information for Kleen Blast Inc. in making your recommendation on CDP-2001-1. This letter is in response to concerns voiced at the Planning Commissioners meeting on May 7'n, 2001. There were concerns expressed regarding the appearance of the facility. There was a comparison made to our current location in the San Diego area. As you may know Kleen Blast Inc., currently resides at 8th Street and Harbor way in San Diego. This site while providing excellent location does not provide proper working surfaces or conditions to effectively manage our operations. Our specific location was actually a dumpsite full of debris when Klcen Blast first took possession. Due to the environmental conditions of the site Kleen Blast has been extremely limited in their ability to improve the site. One of the main factors in relocating to the National City site would be the ability to construct suitable buildings to house our operations. Kleen Blast would also be able to install proper devices in order to maintain the facility in a neat and orderly fashion, (Please sec the attached photographs which depicts one of our typical facilities). The National City site will provide Kleen Blast the opportunity to implement the normal BMP's for one of our distribution centers (please see BMP's attached). Page: 2 of 4 19258319183 NAY-11-2001 FRI 02:07 PM KLEE; AST FAX NO. 19258 � 183 P. 03 As previously stated the National City Klecn Blast facilityy will employ approximately 5-7 individuals local to the area.. The anticipated annual sales for this facility would be approximately $1,730,225. Roughly 80% of the gross sales will be retail business_ Thank you for taking the time to review this information. If you require any further data please feel free to contact me at (925) 831-9802. Sincerely, S :1--112C—Rjli Steve Humphrey Environmental Manager 'age: 3 of 4 19258319183 MAY-11-2001 FRI 02:08 PM KLEEI AST FAX NO. 19258 " 183 P. 04 Best Management Practices (BMPs) For Runoff & Pollution Prevention Employees need to make efforts to prevent sediment from entering Stormwater runoff. Employees will take measures that will minimize the accumulation of grit requiring clean-up. Therefore, the following BMPs are being initiated: Training All employees will be trained by the Warehouse manager or his designee as to the particulars of this plan. Annual refresher training will be discussed in October of each year in preparation of the rainy season, In all cases, employees are to be shown job specific measures to be taken to prevent spillage or release of blast media. This training will be added to the new employee -training program. Parking Lot 1) Strictly adhere to exterior cleanup schedule after unloading jobs are completed 2) Consolidate small cleanup piles of virgin grit into berated bunkers 3) Remove accumulated stockpiles of virgin grit when practical 4) Weekly maintenance will be required when job specific clean up is insufficient at keeping the parking lot clean Garbage Dempster 1) Keep lid closed When raining: 1) Remove water from railcar unloading hopper as needed We all need to do our part in minimizing sediment in runoff from our property. Adherence to the above procedures and the additional procedures for loading and unloading grit will assist Kleen Blast in doing so. Monitoring of adherence to these BMPs will become part of normally scheduled site inspections. 'age: 4 of 4 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT July 17, 2001 AGENDA ITEM NO. 3 /ITEM TITLE PUBLIC HEARING — APPEAL OF CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE IN AN EXISTING MARKET AT 431 N. HIGHLAND AVENUE (APPLICANT: SAMIR SOMO) (CASE FILE NO. CUP-2001-05) PREPARED BY DEPARTMENT Charley Marchesano, Planning EXPLANATION The applicant appealed the Planning Commission denial of the Conditional Use Permit in his letter dated May 23, 2001. The attached staff report describes the project in detail. (-Environmental Review Financial Statement X N/A N/A Categorical Exemption Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Conditional Use Permit be denied. BOARD / COMMISSION RECOMMENDATION The Planning Commission voted to deny this Conditional Use Permit on June 18, 2001. Vote: Ayes - Valderainma, Ungab, Godshalk, Martinelli, Detzer Abstain - Baca Absent - Parra ATTACHMENTS ( Listed Below ) 1. Background Report 2. Planning Commission Resolution with findings ,. 3. Findings and Conditions for Approval A-200 (s/ ) LOGati0il heap Resolution No. 5. Appeal Letter 6. Notice of Exemption 7. Application 8. Applicant'3 Plan, BACKGROUND REPORT The appellant/property owner seeks approval to sell beer and wine at the Don John market, located on the southeast corner of N. Highland Avenue and Delta Street. The appellant has indicated that he needs to sell beer and wine to keep his customers from shopping elsewhere. He proposes a roughly 150 square foot area for the display and storage of beer and wine. No improvements are proposed. The Don John market is located in the Commercial General (CG) zone near the City of San Diego, which is located across Delta Street to the north and to the west across N. Highland Avenue. The store . contains 5,699 square feet of floor area, including a meat market, coolers, display area, restrooms, and an office. A second story portion of the building contains office and storage space, currently not in use. Nearby uses are predominately single and multiple -family residences. Commercial uses exist along N. Highland Avenue to the south. An application to sell beer and wine at this location, from a previous owner, was denied in 1991 (CUP-1990-14). Reasons for denial stated that existing businesses in the area already offered alcohol for sale and that increasing the availability of alcohol would likely lead to additional criminal activity in the area. A similar application (CUP-1992-3) was also denied for the Seven Dias Food Market, at 101 N. Highland Avenue, with similar findings. These findings are still applicable, as elaborated below. The National City Police Department recommends denial of the current proposal, stating that the market is located in the third highest crime area of the City. Police Department comments also state the new license for beer and wine sales will tend to aggravate existing Police problems in the area. Several businesses in the area currently offer alcohol for sale, including the Diamond Dot market one block south of the project site. In addition Albertson's supermarket, three blocks north of the property, and the Foodland I.G.A. supermarket, at 303 Highland Avenue, sell beer, wine and distilled spirits. A list containing 236 signatures supporting the proposal was submitted with the application. Conversely, several letters and a list containing 127 signatures were submitted in opposition to the proposal. At the Planning Commission public hearing several people spoke against the project, including local residents and members of the National City Alcohol, Tobacco, and other Drugs Task Force. The applicant and one resident spoke in favor of the project. The Planning Commission voted to deny the proposal, voicing concern that the facility is located in a residential area and that additional availability of alcohol may lead to an increase in alcohol related crimes. RESOLUTION NO. 19-2001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT APPLICATION FOR THE SALE OF BEER AND WINE IN AN EXISTING MARKET AT 431 N. HIGHLAND AVENUE. APPLICANT: SAMIR SOMO. CASE FILE NO. CUP-2001-5 WHEREAS, the Planning Commission of the City of National City, California considered a Conditional Use Permit application for the sale of beer and wine in an existing market at 431 N. Highland Avenue at the public hearing held on May 7, 2001, 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-2001-5 which is maintained by the City, and incorporated herein by reference; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and, WHEREAS, 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 May 7, 2001 fail to support findings, required by the Municipal Code for granting any Conditional Use 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 May 7, 2001 support the following findings: 1. That the proposed use will have an adverse effect upon adjacent or abutting properties since the site is located in a high crime area in a primarily residential neighborhood and increasing the availability of alcohol in the area may lead to an increase in alcohol related crimes. 2. That the proposed use is not deemed essential and desirable to the public convenience and welfare, since an existing market one block south of the property currently offers beer and wine for sale, as do larger supermarkets throughout the City and in nearby San Diego. BE IT FURTHER RESOLVED that the Planning Commission hereby denies Conditional Use Permit application no. CUP-2001-5. 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 Coun9i1 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 song i t 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 May 21, 2001 by the following vote: AYES: VALDERRAMA, GODSHALK, UNGAB, MARTINELLI, DETZER. NAYS: ABSENT: PARRA. ABSTAIN: BACA. RECO1VIMEENDED FINDINGS FOR APPROVAL 1. That the site for the proposed use is adequate in size and shape, since the existing market has ample room available for the incidental sale of beer and wine. 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 already developed as a market and has adequate access via N. Highland Avenue/43rd Street, an arterial, and the applicant has stated that the majority of his customers live nearby and walk to the market. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since conditions of approval will limit the hours of operation, limit the size and types of containers, and loitering and drinking on the premises. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the addition of beer and wine sales will allow the applicant to provide a wider range of products, similar to larger chain supermarkets, and the new use will allow local customers to complete their shopping at one store rather than having to go elsewhere to purchase alcohol. RECOMMENDED CONDITIONS OF APPROVAL 1. This Conditional Use Permit authorizes the sale of beer and wine within a 5,699 square foot market, for off -site consumption, and shall conform with Exhibit A, Case File No. CUP-2001-05, dated March 28, 2001, except as modified by conditions of approval. 2. Permittee shall comply with all regulatory provisions of the Business and Professions Code, section 25600 through 25667, currently in effect or as may be amended, regarding sales, displays and marketing or merchandising of alcoholic beverages. 3. Approval of this permit shall allow the sale of beer and wine for off -site consumption only, the sale of liquor shall not be allowed in any form. 4. The sale of beer and wine shall be permitted only between the hours of 8:00 a.m. and 11:00 p.m. 5. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 6. No beer and malt beverage products shall be sold of less than six-pack quantities per sale. There shall be no sale of single cans or bottles. 7. No wine sh911 be sold in containers of less than 750 milliliters, except for wine coolers. Wine coolers may be sold only by four -pack or other manufacturer's pre- packaged multi -unit quantities. 8. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. Wine sold shall have corked bottles, not screw -off caps. 9. Permittee shall post signs, to be approved by the Planning Department, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed on or in front of these premises." 10. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 11. All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 12. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 13. The display of beer and wine shall be limited to an area in substantial conformance with Exhibit A, Case File No. CUP-2001-05, dated 3/28/01. 14. Containers of beer and wine may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 15. The rear door(s) of the premises shall be kept closed at all times during the operation of the business except in case of deliveries or emergencies. 16. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of beer and wine and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 17. The quarterly gross sales of beer and wine shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of beer and wine and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 18. No coin operated amusement devices shall be operated on the licensed premises. 19. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. This Conditional Use Permit authorizes the sale of beer and wine only, and shall conform with Exhibit A, Case File No. CUP-2001-05, dated March 28, 2001, except as modified by conditions of approval. 20. 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. 3 Existing Diamon Dot market PROJECT LOCATION Existing Don John market Delta Street CITY BOUNDARY 40Nommull."1" ZONE BOUNDARY AN LOCATION MAP 431 N. Highland Avenue CUP-2001-05 NATIONAL CITY PLANNING DRN: 4/19/01 INITIAL HEARING: 5/7/01 Don John Market 431 N. Highland National City, CA 91950 (619) 263-1613 May 23, 2001 Honorable Mayor and City Council National City 1243 National City Blvd. National City, CA 91950-4397 RE: CUP 2001-5 One of the main incentives that motivated me to buy my business in National City was the fact that the City administration with its Mayor and Council Members are very supportive of business. With this positive feeling, I purchased Don John Market, I did spend time, effort, and money to clean it, remodeled it and make it look aesthetic to be worthy of its customers. Since I have taken over the ownership of the market, I have done my very best to serve and cater to my customers' needs by offering them the best of merchandise, food items, produce and other staples at very reasonable and discount prices. I have also hired my employees locally to compliment my business. In order for me to serve the necessity and convenience of my customers, I applied for conditional use permit for the sale of beer and wine at my market. My request was heard on May 7, 2001 by the Planning Commission, and was subsequently denied as reflected in resolution No.19-2001 (copy attached). By virtue of this, letter, I would like to appeal the Planning Commission decision and request a hearing in -front of your honorable body on June 19, 2001 to enable me to present you with testimony and evidence to justify my request for the beer and wine permit. Your favorable reaction to my request will be greatly appreciated and hope to hear from you accordingly. Thank you for your cooperation in this effort. Sincerely, Samir Somo Owner, Don John Market cc. Planning Department - for appropriate action City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: CUP-2001-5 Project Location: 431 N. Highland Avenue Contact Person: Charley Marchesano Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit to allow the sale of beer and wine, for off -site consumption, at an existing market. Applicant: Samir Somo Telephone Number: (619) 263-1613 Exempt Status: 0 Statutory Exemption. O Categorical Exemption, Class 1, 15301 (Existing Facilities) O Not a project as defined in Section 15378 of CEQA • Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: No construction or expansion of the site is proposed with the project. The project will not have any significant effects on the environment. Date: Charley Marchesano Assistant Planner Recycled Paper NATIONAL CITY, CALIFORNIA AP�TION for Conditional Use Permit Planned Development Permit Planned Unit Development Permit Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number CUP --mat-- 05 Filing Fee $ 7-SO Receipt No. ZZ-g02 Date Received 3 U By E.A.F. Required 01A Fee $ Related Cases LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) ATTSC-tter3Corte' Or Lera-tit- QeSCP4Prlo0 PROPERTY LOCATION `7" 3/ N /7 9 hi A -el A "— No. between c- 'i and -71k- 6 t COMBINED GENERAL PLAN/ZONING DESIGNATION C Street Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 1 of 4 REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.116), Planned Development Permit (Chapter 18.126), or Planned Unit Development Permit (Chapter 18.30) to use the above described property for the following purposes: o ) e. t a rl cc„[ e- g4-€4-A mr -f oY m 10ra in; (IA nee mci; Old t s inke, aw sue_ 1/ ,3A-Ect ,,.e- Pee✓ Lii'we_ so --Ae, wp. (Jh'f hcvva_ Yrtotli e. / ak„o e---k -v SfDl9 5omcee— s cv-Lcv'e,/e. .4."l. A ,cI a� L��4+w.or Sfe nvar_,.. fj r5 fle e i scif wr 6 C_ tvi.-I c- at 4; % h R e utr.-1 his - /ha /Wl{_ e„42tomlrS is, v_ -tc° )4"-^) Sft. Ve_ ,h 'ryut. PROPERTY OWNER(S) of all property included is this application: (Attached extra sheets if necessary). Name: 57 Lm, ✓' /f . ,S'o ,,,, o Signature (Signature acknowledges that this application is beingfiled) Address: 4' y y Z 1/? A* e-10 S .0 / ca90 Phone No. (6 I q) 7 YJ- 0 SS FaxNo. Cbi) 263- fd/6 Date: Name: /1),Aelo, l- • Sty rat o Signature 71444. k �t - (Signature acknowledges that this application is being filed) Address: / / 2Z 1%,'& -e,L Phone No. (4 /4/) // - 7c' g-r Fax No. (b /q,) 2-63 - v‘/‘ Date: 3 �/ f Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 2 of 4 APPLICANT Name: cg(J-m '‘ Y a r v‘ c._ (Please type or print) Signature: (Signature certifies that tfe information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: tip Iv, /l)9 IN wA Avt_ /V oyl' I c; g / qJQ Phone No. Fax No. Date: (v) 2_63—/6/3 CPO 263—/6/� el6744 i339-/75I8 Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 3 of 4 JUSTIFICATION Section 18.116.020 of the National City Municipal Code states that before any conditional use permit, planned development permit or planned unit development permit is granted, the applicant must show the existence of the following facts: 1. That the site for the proposed use is adequate in size and shape; and 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use; and 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties; and 4. That the proposed use is deemed essential and desirable to the public convenience or welfare. The above findings must be incorporated into each staff report for a Conditional Use Permit, Planned Development Permit or Planned Unit Development Permit presented to the decision making body. Each of the findings must be found to exist. As the applicant, you are not required to provide justification of these findings; however, the information can be useful to Planning Staff when compiling their report. Please provide any additional information which may be helpful when considering the application. Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page4of4 428 EXHIBIT "A" THE SOUTHERLY 91.0 FEET OF THE NORTHERLY 111.00 FEET OF THAT PORTION OF LOT 69 OF A PORTION OF THE EX -MISSION LANDS OF SAN DIEGO (COMMONLY KNOWN AS HORTON'S PURCHASE) IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 283, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 9, 1878, DESCRIBED AS FOLLOWS: COMMENCING -AT A •POINT 165,-0 -FEET-NORTH-OF 'THE--SOUTTHEAST •CORNER -OF LOT 67 OF EX -MISSION LANDS OF SAN DIEGO; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID LOT 67, A DISTANCE OF 569.25 FEET; THENCE SOUTH AT RIGHT ANGLES 382.80 FEET TO THE SOUTHEAST CORNER OF A PARCEL OF LAND DESCRIBED IN DEED TO J. J. HUGES, DATED SEPTEMBER 12, 1883 IN BOOK 44, PAGE 478 OF DEES; SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID HUGES' LAND AND ALONG THE SOUTH LINE OF LAND DESCRIBED IN DEED TO THOMAS CHASE, DATED JUNE 15, 1885 IN BOOK 54, PAGE 60 OF DEEDS, AND THE WESTERLY PROLONGATION THEREON, TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID LOT 69; THENCE SOUTHERLY ALONG SAID WESTERLY LINE OF SAID LOT 69, .A DISTANCE OF 320.00 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN DEED TO GEORGE H. KNOWLTON, DATED JANUARY 3, 1883 IN BOOK 43, PAGE 219 OF DEEDS; THENCE EAST ALONG THE NORTH LINE OF SAID KNOWLTON'S LAND, 782.92 FEET TO THE NORTHEAST CORNER THEREOF; THENCE RUNNING NORTHERLY IN A STRAIGHT LINE TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE EASTERLY 594.0 FEET THEREOF. ALSO EXCEPTING THEREFROM THAT PORTION LYING WESTERLY LINE OF HIGHLAND AVENUE, AS ESTABLISHED DECEMBER 16, ALSO EXCEPTING THEREFROM THE NORTHERLY 10.00 FEET AS CITY OF NATIONAL CITY IN DEED RECORDED MARCH-5, 1985 85-72568 OF OFFICIAL RECORDS. OF THE EASTERLY 1953. CONVEYED TO THE AS FILE/PAGE NO. ** Refer to Agenda Item #25 ** .4EETING DATE 07/17/01 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 4 ITEM TITLE 2000-2001 WEED ABATEMENT PUBLIC HEARING Donald Condon, Battalion Chief PREPARED BY DEPARTMENT EXPLANATION Fire In accordance with National City Municipal Code, Chapter 9.12, a report of the proceedings and an accurate account of the cost of abating the nuisance on each separate property shall be filed with the City Council. The City Clerk shall thereupon set the report and account for hearing at Ieast ten (10) calendar days after the date of filing. Notice of the public hearing shall be served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. Pursuant to National City Municipal Code, Section I.36.I00, the City Council shall consider the Report and Account at the time set for the confirmation of costs hearing, together with any objections or protests by the responsible person or other interested persons. The responsible person or other interested persons may present a written or oral protest or objection to the report and account. At the conclusion of the hearing, the City Council shall by resolution either approve the Report and Account as submitted, or as modified or corrected by the City Council. Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION City Council by resolution approve the Report and Account as submitted or as modified or corrected by the City Council. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Fixed Charge Special Assessments. Copy — notice of Public Notice of Public Hearing. Resolution No. A-200 (9:99) than prevailing wage rates as determined by the Di- rector of Industrial Rela- tions for all work done under this contract. A copy of the current prevailing wage rate schedule is avail- cineatlons Tor•VUDIIC works Construction, 1997 Edition, (Greenbook - including the San Diego supplements), the San Diego Regional Standard Drawings, 1997 Edition, and these contract documents. The Contract Date: 6/8/01 Burton S. Myers City Engineer NC13717 7/6,13/01 NOTICE OF PUBLIC HEARING CONDITIONAL USE UMW', 1243 National city Boulevard, National City, California, on the proposed sign variance (Applicant: Greg Hohn). Any person interested in this matter may appear at the above time and place and be the current centerline of Arcadia Place. The western half of the street will be vacated and used as park- ing and landscaping by the apartment complex. The 8-foot tall fence was re- quired as a condition of blast material storage building and an outdoor railroad car conveyor / stacker and associated site improvements including paving and landscaping on 36,720 square feet. The proposed develop - NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a public confirmation of costs hearing after the hour of 6:00 p.m., Tues- day, July 17, 2001, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, to consider: THE REPORT OF PROCEEDINGS AND ACCOUNT OF COSTS OF THE WEED ABATEMENT Parcels Assessment $1,013.88 $566.78 $1,815.44 $2,418.50 $815.20 $1,244.78 $3,641.82 $2,161.04 $744.46 $1,269.04 $1,991.90 $948.80 $1,724.58 $3,307.62 $3,343.38 $803.50 $4,944.70 1Total Assessment: 332,755.50 551 570 13 00 551 57014 00 556 473 16 00 556 590 43 00 557120 42 00 557120 43 00 557 351 16 00 557 380 51 00 557 380 70 00 557 390 29 00 558 20016 00 558 210 13 00 558 210 26 00 560 210 08 00 563 064 28 00 570 320 09 00 570 320 18 00 Total Parcels: PROGRAM/FIXED CHARGE SPECIAL ASSESSMENTS FOR FY 2001-2002 FOR THE PROPERTIES AND IN THE AMOUNTS LISTED ON EXHIBIT "A" Anyone interested in this matter may appeal' at the Street Address 1015 E. Division St., National City 91950 1025 E. Division St., National City 91950 82,7 B Ave., National City 91950 1133 E. Plaza Blvd., National City 91950 South of 635 Q, National City South of 635 Q, National City 16th and M, National City 12th & Grove, National City 12th St., National City 2105 E. 16th St., -National City 91950 2733 E. 18th St., National'City 91950 2837 E. 18th St., National City 91950 East of 2918 16th; National City 120 E. 18th St., National City 91950 S of 2423 Prospect St., National City Sweetwater Rd., National City 3226 Sweetwater Rd., National City 91950 •RISAS STARS FOR THE WEEK OF JULY 5-11, 2001 I Build a Lighted House Thursday begins with a lunar eclipse (7:56 am. (PDT) and Full Sun/Moon (8:04 a.m.) in Cancer/Capricorn. Eclipses mean change and Full Moons (a timing mechanism) tell us informations available from the light of the Sue. The keynote for Cancer Is "I build a lighted house and therein dwell.' Keynotes are a way to approach the Full Sun/Moon energies, Cancers keynote means there's light Inside; each of us. This light is Spirit, hidden 'til we call It forth. Participating in each Full and New Moon festival for a year produces Illumination. Each year during Cancer, humanity Is invited to begin the practice of New and Full Moon rituals. At 9:44 a.m. on Thursday, Venus (Ray 5 of Concrete Knowledge) enters Gemini (Ray 2 of Love/Wisdom). II. from July 6th to August Znd, we apply our. selves to scientific study (Ray 5, an aspect of Love/Wisdom (Ray 2) can occur. Love only happens when we study something so Indepth that understanding occurs. This is esoteric. On the mundane level, with Venus in Gemini, everyone will be talking about love, attraction, possessions, art, values, resources, vela. tionships, money and all things dual. Lunar eclipses signify the appearance of something is changing. A Cancer/Capricorn eclipse means we'll all assess (and shift) our responsibilities at homeand at work. The Dalai lama and George W. Bush's birthdays are July 6. We wish our pres- ident well in his leadership endeavors and hope he has the same concern for his people and his homeland as the Dalai Lama. Both are Cancer Suns, so observe what they each choose to nurture. This is astrological research. The week: Thursday begins a long v/c time beginning at 8:04 am. (Full Moon time) until Friday at 4;33 p.m. when Moon enters Aquarius. No connections will be made during the v/c no matter how hard we try. When a v/c occurs. It's time to catch upon whatever needs tending. A state of solitude is best. Saturday can be difficult with Mercury (mind, speech) opposing (seeking Integration) Chiron Pane 16 - The Star -News - July 6, 2001 r above time and place and bey heard, and present a written or oral protest or objection to the report and account. If you challenge the na- ture of the proposed action in court, you may be limit- ed to raising only those is- sues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the undersign- ed, or to the City Council of the City of National City at, or prior to, the public hear- ing. Owner Name Cazares Irma E Avla Carlos Roberto; Nora Avila; V Avila Glass Eugene Tr North Plaza Trust 02-22-73 Mathews Roberts L Mathews Roberts L San Diego Funding Barber Agnes I Walker Gareth; Bonnie C. Walker Kenan Lyle R; Keiko Kenan Secretary of Housing; Urban Development Scales Raymond Bartolome Family Trust 06-08-91 Christian Ann S Nadal Maria C 0 Izigzon Jacobo G Ramajo Investments (wound). Talk (and driving) cad wound, heal, Integrate or be a teaching. You choose. Sunday needs to be thoughtful. It's quick. Monday, Tuesday and Wednesday are relatively easy on us. There's a Pisces (compassion) Moon. We'll need more water. We also might cry. Mae solitude Is best. To "build our lighted houses so Spirit can better enter matter. ARIES(Marchh4Apet t9): You will look at your responsibilities both at home and professionally. Something will change In both arenas so don't be sur- prised. Continue to make plans, expect constant change, inquire and consult with everyone, especially family and partners, and know that ultimately you have the information on deep levels where wisdom resides. TAURUS (Apdi 20.May 20): Communication, all levels and with all people and things, will shift abouttill you wonder II you're speaking the same language as everyone else, You are, but It's more Illumined than most, Concentrate on your values and resources, the greatest being yourself. Hide away a lot but contact friends too. This Is aditlicult time. GEMINI (May 21June 21): What you thought was important won't be any- more. What you harbored as safe and secure isn't, and where your responsibilb ties were aren't either. It's a confusing time, but the purpose Is a new Identity of self, a new set of values and resources and a new state orturance you haven't experienced before Youknow where to go and what to do. Need I say more? CANCER (June 22July 22): You've changed and you'll continue to. The sit- uation is such that you will be Integrating this change of who you are and what you're to do for the next six months. Much or this will be underground and beneath your consciousness. So lust go about your usual, but take note that the usual seems different. Relationship responsibilities are changing too. Ask not of the other. You do it first, LEO (July 23-Aug. 23): You will heel more at home if you choose a more reli- gious path; even If It's only fora month. Deep study is needed into the purpose of duality. Couple this with observation of how you communicatein groups and what type of leadership, values and resources you bring forth. Since your entire life Is identity through what you create, a new developing creation is occurring now. It will transform you. Can you Identity what it is? VIRGO (Aug. 24-Sep6 22): The value of your position In the world needs to be recognized and then it needs discipline, restructuring and reigning In. Do this through synthesis. That means bring the past to thepresent, pull the future in and nurture both as it your life depended upon these skills. Home may be dHli- cult for multiple reasons. Home's not the real problem. It's your previous mental foundation that's crumbling. Let it, IJBRA (Sept. 230d. 23): Read Aries and then reverse the information. In (See Chapter 1.36, Na tional City Municipal Code) DATED: June 13, 2001 Michael R. Della City Clerk of the City of National City, California NC13726 7/6/00 Mail Address 1809,Westward Ho Cir., El Cajon, CA 92021 1025 E Division St., National City, CA 91950 1621 S. 6th Ave., Tucson, AZ 85713 1615 Cordova St., Los Angeles, CA 90007 P.O. Box 880775, San Diego,' CA 92183 P.O. Box 880775, San Diego, CA 92183 16 M St., National City, CA 91950 2240 El Prado Ave., Lemon Grove, CA 91945 448 Blackthorne Ave., El Cajon, CA 92020 Mscfe, Fpo Seattle, WA 98760 2365 Northside Dr. #300, San Diego, CA 92108 2837 E. 181h St., National City, CA 91950 807 Idaho Ave., Escondido, CA 92025 120 E. 18th St., National City, CA 91950 5994 Teakwood Dr., Greendale, WI 53129 4208 Loma Paseo, Bonita, CA 91902 3226 Sweetwater Rd., National City, CA 91950 the meantime, knowledge about law much you really know and how you're able to bring about change in people's lives through communicating your goals and visions must be accepted. This will lead you to the next important step in your ever expanding life. Old pleasures no longer bring pleasure. You'll be seeking new ones. Patience. SCORPIO (Oct. 24-Nov. 21): Read Taurus first. Then sit down and consider how responsibly you use communication. There's a possibility that since you're in need of specific resources, that your speech patterns could contain a more nurturing approach. Do people think you speak harshly at times? I think so. Consider that honey attracts bees and vinegar doesn't. Home maybe a confus- ing place to be. Draw the veils, rest awhile while pondering.. SAGITTARIUS (Nov. 22-pec. 21): Read Gemini and then realize you're in the same predicament but sort of Inside out. You need privacy and comfort. No out-' side world stuff. At least not a lot of a, so you can contemplate on how you heel about your home, environment, community, village, town, city and state that you live in. Also consider habits and the loundation Iron which you live and work, Something's hidden. Perhaps that you want change. And what would that be? ;CAPRICORN (Dec. 22Jan. 19): Read Cancer. Then take a look at your sell In relation to your relationship. The primary one. How do you and your "other' Interact these days? Something needs to be communicated on a daily basis con- cerning how you value your "other,' what resources you admire, and what state of consciousness you hope for in the future. Also talk about agreed upon and shared responsibilities. Abstain from sweets for a month. AQUARIUS (Jan. 20-Feb. I8): Read Leo and then go out and about and have fun. This should not be difficult since it's astrologically time to have some (fun). Amusing situations may eccurthat bring you pleasure. Perhaps from children, or maybe a new love of some type or soother, You need some good art and you can't pretend anything. Don't withdraw and be insecure. It's unattractive. PISCES (Feb. l.Msrch 20); You won't be able to hide feelings, you'll be a bit more emotional, you might have to reconsider who's important, who.you can trust and who's a friend. You'll lake care of someone, a child perhaps, and this is good. You'll be more social, you'll discover love and beauty will seem to sur- round you. Talk about it. Ilia D'Angelen i, ,he founder mil daer nrrJ,he &roo rA Aaminxi,si .tudienandReagan* muting, ruom„pumry ,nvnery Minot .fhe b aim ,hr aAied dimcimriieJnfNigh Ugh, Neon n monthly eat. ,rn.joumul muilohie by .shsrripiina Forfunhe, frmmire: NI. ion,IPWh &our ('rut (A aptly (N.eil dt7al&: or email perm riml@arrums.rn,n or w,w.niehd ehmnrv.,m. those issues you or some- one else raised at the pub- lic hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the public hearing. DATED: July 3 2001 Michael R. Dalla, CMC City Clerk of the City of National City, California NC13724 7/6/01 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIV- EN that the City Council of the City of National City will hold a public hearing after the hour of 6:00 p.m., Tuesday, July 17, 2001, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, to consid- er: A MODIFICATION OFA CONDITIONAL USE PERMIT FOR REMOVAL OF A SCREENING WALL AND EXTENSION OF THE HOURS OF OPERATION FOR A MOBILE RECYCLING COLLECTION FACILITY AND A VARIANCE -FOR REVERSE 'VENDING MACHINES OVER 30 FEET FROM THE MAIN ENTRY TO RALPH'S MARKET AT 901 EUCLID AVENUE. APPLICANT: TOMRA PACIFIC INC. CASE FILE NO. MI-CUP- 1995-B; Z-2001-7. Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or some- one else raised at the pub- lic hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the public hearing. DATED: ,l2091 Michas R. Dalla, CMC City Clerk of the City of National City, California NC13725 7/6/01 Public Notices by your attorney. IF YOU ARE A CRE or a contingent crec the deceased, you in your claim with the and mail a copy to tl sonal representatn pointed by the court four months from tt of first issuance of le provided in Probate section 9100. The ti tiling claims will not before four month! the hearing date above. YOU MAY EXAMI file kept by the court are a person intere the estate, you may f the court a Requi Special Notice (for 154) of the filing inventory and apprt estate assets or of al tion or account as p in- Probate Code 1250. A Request for Notice form is at from the court clerk. Attorney for pet Marjorie S. DuB 12520 High Bluff Suite 200, San Die 92130, (858) 481-5C Marjorie S. Du( Attorney for Pe NC13719 7/6,1; NOTICE OF PUBLIC LIEN SP Notice is hereby givi suant to Sections 21716 of the Busine '' Professions Code, 1 + 2328 of the UCC, 535 of the Penal Co provisions of the Civ of the State of Ca that the undersigned County Self Storag located at 3661 Drive, Escondido, 92025-8014 will sell tic auction at H&M G (619/474.8296),130 Street, National California, bond GA71548?601, on Ji 2001, at 5:30 PM, t lowing described pro C1425 Zakee Stuai furniture, boxes, b misc. household iten Said sale is for th pose of satisfying a I unpaid storage fees t er with costs of adve and expenses of sale CV15656 7/E EXHIBIT "A" Assessment City of National City Weed Abatement Program Fixed Charge Special Assessments FY 2001/2002 Owner Name Mail Address 551 City of National City Weed Abatement Program Fixed Charge Special Assessments FY 2001/2002 Owner Name Mail Address V570 13 00 $1,013.88 1015 E Division St National City 91950 Cazares Irma E 1809 Westward Ho Cir El Cajon CA 92021 551 570 14 00 $566.78 1025 E Division St National City 91950 Avila Carlos Roberto;Nora Avila;V Avila 1025 E Division St National City CA 91950 556 473 16 00 $1,815.44 827 B Ave National City 91950 Glass Eugene Tr 1521 S 6th Ave Tucson AZ 85713 556 590 43 00 $2,418.50 1133 E Plaza Blvd National City 91950 North Plaza Trust 02-22-73 1615 Cordova St Los Angeles CA 90007 557120 42 00 $815.20 South of 635 Q National City Mathews Roberts L PO Box 880775 San Diego CA 92168 557 120 43 00 $1,244.78 South of 635 Q National City Mathews Roberts L PO Box 880775 San Diego CA 92168 557 351 16 00 $3,641.82 16th and M, National City San Diego Funding 16 M St National City CA 91950 557 380 51 00 $2,161.04 12th & Grove, National City Barber Agnes I 2240 El Prado Ave Lemon Grove CA 91945 557 380 70 00 $744.46 12th St National City Walker Gareth;Bonnie C Walker 448 Blackthorn Ave El Cajon CA 92020 557 390 29 00 $1,269.04 2105 E 16Th St National City 91950 Kenan Lyle R;Keiko Kenan Mscfe Fpo Seattle WA 98760 558 200 16 00 $1,991.98 2733 E 18Th St National City 91950 Secretary Of Housing;Urban Development 2365 Northside Dr #300 San Diego CA 92108 558 21013 00 $948.80 2837 E 18Th St National City 91950 Scales Raymond 2837 E 18Th St National City CA 91950 558 210 26 00 $1,724.58 East of 2918 16th National City Bartolome Family Trust 06-08-91 807 Idaho Ave Escondido CA 92025 560 210 08 00 $3,307.62 120 E 18Th St National City 91950 Christian Ann S 120 E 18Th St National City CA 91950 563 064 28 00 $3,343.38 S of 2423 Prospect St National City Nadal Maria C 0 5994 Teakwood Dr - Greendale WI 53129 570 320 09 00 5803.50 Sweetwater Rd National City Izigzon Jacobo G 4208 Loma Paseo Bonita CA 91902 570 32018 00 $4,944.70 3226 Sweetwater Rd National City 91950 Ramajo Investments 3226 Sweetwater Rd National City CA 91950 Total Parcels: 17 Total Assessment: $32,755.50 _..EETING DATE City of National City, California COUNCIL AGENDA STATEMENT July 17, 2001 / ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO RED "NO PARKING" ZONES ADJACENT TO THE DRIVEWAY AT 1849"K" AVENUE (G. CAMPOS TSC ITEM NO. 2001-15) PREPARED BY Adam Landa AGENDA ITEM NO. 5 DEPARTMENT Engineering EXPLANATION Mr. Campos, the owner of 1849 "K" Avenue, has requested the installation of two red curb no parking zones adjacent to the driveway serving his property. According to Mr. Campos, parked vehicles are encroaching into his driveway thereby not allowing ingress and egress from his property. He also requested an additional 2 feet of red curb on each side of his driveway because of medical vehicles that his wife requires for cancer care. The Traffic Safety committee approved 5 feet of red curb on each side of his driveway at their meeting on June 13, 2001. Environmental Review Financial Statement N/A N/A STAFF RECOMMENDATIO fr Adopt the Resolution. BOARD if COMMISSION RECOMMENDATION The Traffic Safety Committee at its meeting of June 13, 2001, approved the 5 foot red "No Parking" zones on both sides of his driveway at 1849 "K" Avenue. Account No. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. 2001-97 A-200 (9790) RESOLUTION NO. 2001 - 97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO RED NO PARKING ZONES ADJACENT TO THE DRIVEWAY AT 1849 "K" AVENUE (G. Campos, TSC Item No. 2001-15) WHEREAS, Mr. Campos, the owner of 1849 "K" Avenue, has requested the installation of two red no parking zones adjacent to the driveway serving his property due to parked vehicles encroaching into his driveway and thereby not allowing ingress and egress from his property; and WHEREAS, at its meeting on June 13, 2001, the Traffic Safety Committee approved installation of two five foot red no parking zones adjacent to the driveway at 1849 "K" Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to establish two five foot red no parking zones adjacent to the driveway at 1849 "K" Avenue. PASSED and ADOPTED this 17°i day of July, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JUNE 13, 2001 ITEM TITLE: REQUEST FOR INSTALLATION OF RED CURB "NO PARKING" ZONE ADJACENT TO THE DRIVEWAY AT 1849 "K" AVENUE (BY: G. CAMPOS, TEL. NO. 426-1949) PREPARED BY: Adam J. Landa, Engineering Department DISCUSSION: On behalf of Mr. Gela R. Campos, Mrs. Daisy Flores (his daughter), has requested the installation of a red curb "No Parking" zone adjacent to his driveway at 1849 "K" Avenue. According to Mrs. Flores, parked vehicles are encroaching into his driveway thereby not allowing ingress and egress for his property. Mr. Campos is handicap and is also requesting a handicap parking space in front of his house. Staff has investigated the site and informed Mrs. Flores that the handicap parking request requires that the resident have no off-street parking space. There is presently room for at least 2 vehicles to be parked. Staff informed Mrs. Flores that the request for the handicapped space could not be supported, however the red curb request would be recommended for approval. Mrs. Flores stated that this would be satisfactory. STAFF RECOMMENDATION: Staff recommends the installation of two (2) 3 feet red "No Parking" zone adjacent to his driveway at 1849 "K" Avenue. EXHIBITS: 1. Letter 2. Location Map__, 2001-15 NATIOMIAL G1T\ t: +NEERIN!a Dom{, R E C I El) bate_� 2 6 May 2, 2001 Gela R Campos 1849 K Street National City, CA 91950 Engineering Department 1243 National City Blvd. National City, CA 91950 RE: Request for Disability Access Parking Dear Sir or Madam: This letter is written at the request of Mr. Gela R.Campos, located at 1849 K Street, National City, CA 91950. Mr. Campos bas been a resident of National City for approximently 50 years. During this time, Mr. Campos has been a law, abiding senior citizen. In the early portion of 1992, Mr. Campos became permanently disable. Due to his condition and age, Mr. Campos is in need of disable parking on the sidewalk in front of his house. When Mr. Campos drives out of his narrow driveway, he is blindsided from seeing oncoming traffic from both sides of the street. Due to Mr. Campos's disability he bas a bard time getting in and out of his driveway because of the narrowness of this area. On several occasions, he has fallen due to difficult access. On April 4, Mrs. Campos was hospitalized with Leukemia and during the treatment process had a large stroke leaving her paralyzed on the left side for the rest of her life. It has been determined that she will need 24/7 hours of care. We will need to make access for the treatment providers after she is released from rehab. Having disability parking in front of Mr. Campos's house would make access to there home less stressful and better suited for the family that is struggling just to live. The area that is located at 1849 K Street would need 10 feet of disable parking toward the South. On the North side of the sidewalk and driveway, Mr. Campos would need 3 feet minted in red to keep access from driveway free from oncoming traffic. It is under these circumstances above that Mr. Campos is requesting your assistance in this difficult situation. If you should have any question or need additional information, please do not hesitate to call Daisy Flores whom is my legal agent and representative at (619) 426-1949 or Mr. Campos at (619) 336-1249. Your consideration in this matter is greatly appreciated. Sincerely, Witncss/Rcppscntmg Agcnt • L • 18th z STREET TE STREET to -DI -no N M 1937 L AVE 2007 L AV 2027 L AVE 2039 L AVE ,iEETING DATE July 17, 2001 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 6 ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO RED" "NO PARKING" ZONES ADJACENT TO THE DRIVEWAY AT 2113 "C" AVENUE (MR. SIRAGUSA TSC ITEM NO. 2001-19) PREPARED BY Adam Landa DEPARTMENT Engineering EXPLANATION Mr. Mario Siragusa, the owner of 2113 "C" Avenue, has requested the installation of two red curb no parking zones adjacent to the driveway serving his property. According to Mr. Siragusa, parked vehicles are encroaching into his driveway thereby not allowing ingress and egress from his property. The property is located by a large apartment complex. The Traffic Safety Committee approved 3 feet of red curb on each side of his driveway at their meeting on June 13, 2001. Environmental Review Financial Statement N/A X N/A Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION EC EN ATI The Traffic Safety Committee at its meeting of June 13, 2001, approved the 3 foot red "No Parking" zones on both sides of her driveway at 2113 "C" Avenue. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. 2001-98 A-200 (9/80) 2001-19 RESOLUTION NO. 2001 - 98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO RED NO PARKING ZONES ADJACENT TO THE DRIVEWAY AT 2113 "C" AVENUE (M. Siragusa, TSC Item No. 2001-15) WHEREAS, Mario Siragusa, the owner of 2113 "C" Avenue, has requested the installation of two red no parking zones adjacent to the driveway serving his property due to parked vehicles encroaching into his driveway and thereby not allowing ingress and egress from his property; and WHEREAS, at its meeting on June 13, 2001, the Traffic Safety Committee approved installation of two three foot red no parking zones adjacent to the driveway at 2113 "C" Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to establish two three foot red no parking zones adjacent to the driveway at 2113 "C" Avenue. PASSED and ADOPTED this 17th day of July, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: //3 t George H. Eiser, HI City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JUNE 13, 2001 ITEM TITLE: REQUEST FOR INSTALLATION OF RED CURB "NO PARKING" ZONE ADJACENT TO THE DRIVEWAY AT 2113 "C" AVENUE (BY: M. SIRAGUSA) PREPARED BY: Adam J. Landa, Engineering Department DISCUSSION: Mr. Mario Siragusa, the owner of the property at 2113 "C" Avenue, has requested the installation of a red curb "no parking" zone adjacent to his driveway. According to Mr. Siragusa, parked vehicles from the apartment are encroaching into his driveway thereby not allowing ingress and egress for his property. The property is located less than a block away from a large apartment complex. STAFF RECOMMENDATION: Staff recommends the installation of two (2) 3 feet red "No Parking" zone adjacent to his driveway at 2113 "C" Avenue. EXHIBITS: 1. Letter 2. Location Map 2001-19 GUY Of NITIONAL 0111' EIVIN"-"FrU DEPT. RECEIVED Date 110--e-eut c)" /tfts-t-e Cirl'LNt ‘P(V4e j2.321 443i- -1/?Altt4i 1 2-115 077-,(1,9, f/4-0. A fo' 21st 22nd STREET CATION .EETING DATE July 17, 2001 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 7 (-ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH ANGLE PARKING ON "A" AVENUE BETWEEN 2ND STREET AND 3RD STREET (L. MACARAEG TSC ITEM NO. 2001-12) PREPARED BY Adam Landa DEPARTMENT Engineering EXPLANATION Mr. Lino T. Macaraeg, the owner of the apartment located at 215-221 "A" Avenue, has requested the installation of angle parking on the east side of "A" Avenue between 2nd Street and 3rd Street. According to Mr. Macaraeg, he needs additional parking for his apartments and the residents that live at the apartments addressed 229 through 241 "A" Avenue (see attached letter). Staff has investigated the site and found that "A" Avenue between 2nd Street and 3rd Street is able to accommodate 60° angle parking. There is a total of 48 feet between curb faces. Angle parking requires a total of 18' leaving 30' for travel lanes and parallel parking stalls on the opposite side of the street. (see attached sketch). There are 9 existing parking stalls. With the proposed angle parking, there will be a total of 12 parking spaces. The Traffic Safety Committee approved angle parking on "A" Avenue between 2nd Street and 3rd Street at their meeting on June 13, 2001. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee at its meeting of Ju e 13, 2001, approved the angle parking on"A" Avenue between 2nd Street and 3rd Street. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee A-200 (9/80) Resolution No. 2001-99 2001-12 RESOLUTION NO. 2001 -99 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH ANGLE PARKING ON THE EAST SIDE OF "A" AVENUE BETWEEN 2ND STREET AND 312D STREET (L. Macaraeg, TSC Item No. 2001-12) WHEREAS, Lino T. Macaraeg, the owner of the apartments located at 215-221 "A" Avenue has requested the installation of angle parking located on the east side of "A" Avenue between 2nd Street and 3rd Street for additional parking for the residents that live in his and other nearby apartments; and WHEREAS, the Traffic Safety Committee has recommended approval of angle parking on the east side of "A" Avenue between 2°d Street and 3rd Street at its regular meeting on June 13, 2001. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City that the City Engineer is authorized to establish angle parking on the east side of "A" Avenue between 2"d Street and 3`d Street. PASSED and ADOPTED this 17th day of July, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H.4iser, III City Attorney \ 4 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JUNE 13, 2001 ITEM TITLE: REQUEST FOR ANGLE PARKING ON "A" AVENUE BETWEEN 2ND STREET AND 3RD STREET (BY: L. MACARAEG. TEL. NO. 532-2902) PREPARED BY: Adam J. Landa, Engineering Department DISCUSSION: Mr. Lino T. Macaraeg, the owner of 215-221 "A" Avenue, has requested the installation of angle parking located on the east side of "A" Avenue between 2"d Street and 3rd Street. According to Mr. Macaraeg, he needs additional parking for his apartments and the residents that live at 229 through 241 "A" Avenue (see attached letter). Staff has investigated the site and found that the location at "A" Avenue between 2"d Street and 3rd Street is able to accommodate 60° angle parking. There is a total of 48' face of curb to face of curb. Angle parking requires a total of 30' leaving 18' for a travel lane and parking stalls (see attached location map). There are 9 existing parking stalls. With the proposed angle parking, there will be a total of 12 parking spaces. STAFF RECOMMENDATION: Staff recommends the approval of angle parking on "A" Avenue between 2nd Street and 3rd Street. EXHIBITS: 1. Letter 2. Location Map 2001-18 1' Lino T. Macaraeg 887 Orchid Way San Diego, CA 92154 Mr. Burt Meyers, City Engineer City of National City 1243 National City Boulevard National City, CA 91950 5 April 2001 Dear Mr. Meyers, Please reference my previous letter to you dated 18 December 2000 as attached. In speaking with the City's Planning/Engineering department, I was asked to get concurrence with the other owners affected by this request for "angle parking" along the East Side of "A" Avenue between 2"d and 3rd Street. There are only (2) other apartment complexes that would be affected; both located south of my complex. I spoke with both owners about the need for additional parking spaces and both are in agreement with having angle parking in front of their units. Beloware the signatures of all the owners, as requested, that are in concurrence for the angle parking spaces along the East Side of "A" Avenue between 2"d and 3`d Street in National City. If we need to submit further information, please call my son, Lino, Jr. at (619) 532-2902. Lino T. Macaraeg, Owner 215-221 A Avenue Linda Pipes, Own 229-233 A Avenue Elvira Lea Ortiz, Owner 235-241 A Avenue Date 9-S'-0/ Date 9" Date ,// m a I I I i I I I I I I I - /coo J Nd 8 l PARK/NG STALL J PND SI STALL DEPTH ' TRAVEL JA_NE TRAVEL LANE 3RD ( LCATIO MAP 41 S City of National City, California COUNCIL AGENDA STATEMENT .EETING DATE July 17, 2001 AGENDA ITEM NO. 8 ITEM TITLE RESOLUTION OF THE CITY COUNCIL TO APPROVE, ACCEPT AND RECORD ON BEHALF OF THE PUBLIC THE SIDEWALK AND UTILITY EASEMENT AS SHOWN ON MANUEL S. CONTRERA'S PARCEL MAP. (LS-1998-1) PREPARED BY Adam Landa DEPARTMENT Engineering EXPLANATION Mr. Manuel S. Contreras has submitted a final parcel map with a sidewalk and a utility easement for City Council approval, acceptance, and filing with the County Recorder. The parcel map consists of 3 parcels with 3 existing houses. The tentative parcel map has been reviewed and approved by the Planning Commission Resolution No. 4-98, dated May 18, 1998. The sidewalks will be utililized by the general public. The final parcel map and all required street improvements have also been approved by the Engineering Department. Environmental Review Financial Statement N/A STAFF RECOMMENDATI �1 Adopt the Resolution. X N/A BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ) Listed Below ) 1. Resolution 2. Final Parcel Map A-200 (9/80) Resolution No. 2001-100 RESOLUTION NO. 2001 —100 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPROVE AND ACCEPT ON BEHALF OF THE PUBLIC THE SIDEWALK AND UTILITY EASEMENT AS SHOWN ON TENTATIVE PARCEL MAP NO. LS-1998-1 WHEREAS, Manual S. Contreras has submitted Tentative Parcel Map No. LS- 1998-1, which consists of three parcels and three existing residential dwelling units, for approval, acceptance; and WHEREAS, at its meeting on May 18, 1998, the Planning Commission approved the tentative parcel map. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the City Council does hereby approve and accept on behalf of the public the sidewalk and utility easement as shown on Tentative Parcel Map No. LS-1998-1. 2. The City Clerk is hereby authorized and directed to cause Tentative Parcel Map No. LS-1998-1 to be recorded in the office of the County Recorder of San Diego County. PASSED and ADOPTED this 17m day of July, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney PARCEL MAP \O. OWNER' S CERTIFICATE: WE HEREBY CERTIFY THAT wE ARE THE OWNERS OF, TTHISARE PARCELINTERESTED MAP, AND ETHE HEREBY EMBRACED WITHIN CONSENT To THE PREPARATION AND RECORDATION Of THIS MAP CONSISTING OF 2 WE HEREBYTS ANGRANT DESCRIBEDHE THE CAPTION CITY OFNATIONAL CITY. F. MUNICIPAL CORPORATION, AN EASEMENT FOR SIDEWALK AND UTILITIES PURPOSES, ALL AS SHOWN ON SAID MAP WITHIN SAII}PP, RCEI,j M)P UNDER DEED 0 T AS FILE NO. BRUNO DEL SIAAK,o DATE GEOR INA DATE: OF OFFICAL RECO € R?414 DEL 01/ CO TRERAS DATE: WELLS FARGO BANK, N.A., AS BENEFICIARY UNDER DEED OF TRUST RECORDED DECEMBER 7, 1998 AS FILE NO. 998 792481 OF OFFICAL RECORDS. C�///�� BY/ BY: /l7i/Gr): MARE MI5 S.D. KLEIN! TITLE: VIE[ FktSYONNY TITLE. A Bem•Y ZrMN/N4 Grp DATE: 3-IS. 24"I DATE 3 -13-24o1 STATE OF CALIFORNIA) > Ws COUNTY OF SAN DIEGO) ON THE6(IS-F DAY OF MAC IN THE YEAR 20 BEFORE ME, A NOTARY PUBLIC ,. ➢ FO• S STATE, PERSONA Y APPEARE PERSONALLY KNOWN TO NE (OR PROVED TO'. ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SANE IN THEIR AUTHORIZED CAPACITIES, AND THAT BY. THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF \WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT CASEFILE NO. LS98-1 END. DEPT. NO. PM /998-2-NC OTARY PUBLIC IN AND FOR SA^D�.COUNTY AND STATE Y COMMISSION EXPIRES ON "NW leg 20 021 MY PRINCIPAL PLACE OF BUSINESS IS IN 5''0 P(E4a COUNT PARCEL MAP UARANTF.F PARCEL MAP GUARANTEE PROVIDED BY: FIRST AMERICAN TITLE INSURANCE COMPANY ORDER NO. 1164970-22 DATED: MAW 2 .20S.INSURES THAT ALL PARTIES HAVING AN INTEREST IN SUBDIVIDED LAND. AND WHOSE SIGNATURES ARE NECESSARY TG THE RECORDATION Of THIS PARCEL MAP ARE SIGNATORIES TO THIS MAP. STATE OF CALIFORNIA) )ss COUNTY OF SAN DIEGO) ON THE II. DAY OF 34Y.0'k4-Y IN THE YEAR 200d BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED A.4wkL S. d 11e04411, I .41TiaY PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON(S) WHOSE NAME(S) IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT (HIS/NER/THEY) EXECUTED THE SAME IN (HIS/ HER/THEY) AUTHORIZED EAPACITY(IES), AND THAT BY (HIS/HER/THEY) SIGNATURES) ON THE INSTRUMENT THE PERSON, OR THE ENTITY UPON BEHALF OF WHICH THE pERSDN(S) ACTED, EXECUTED THE INSTRUMENT NOTARY PUBLIC IN1AND FOR SAID OUNTY AND STATE MY COMMISSION EXPIRES ON I/IS 205}. MY PR(INCIPAL PLACE OF BUSINESS IS IN .dam iHE-AI O COUNTY. STATE OF CALIrORNIh) COUNTY OF AN LWWnrNSTRDIEGIO) ) As ON THE /3 DAY OF MARC/l IN THE YEAR 2000, BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED MARYV FRE1s ,Lrsr 6.5./reeAl PERSONALLY KNOWN TO NE (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON(S) WHOSE NAMES) IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNDALE➢GED TO ME THAT (HIS/NER/THEY) EXECUTED THE SAME IN (HIS/ HER/THEY) AUTHORIZED CAPACITY(IES), AND THAT BY (HIS/HER/THEY) SIGNATURES) ON THE INSTRUMENT THE PERSON, OR THE ENTITY UPON BEHALF OF WHICH THE PERS➢N(S) ACTED, EXECUTED THE INSTRUMENT Nbu• ) IN A NOTARYPUBLIC IN AND FOR AID COUNTY AND STATE MY COMMISSION EXPIRES ON Q-71 20D2L MY PRINCIPAL PLACE OF BUSINESS IS IN 1 TE OF CALIFORNIA) )ss CO U Y OF SAN DIEGO) ON THE BEFORE ME, STATE, PERS PERSONALLY KN COLNTY OYYIGBLBW. BIBPNGMIBL OWYHR NOTAYNPOBOCOPEDON CONINSGION 1BYEORIIRIIQN ERNES SOE1V(.SON DAY OF IN THE YEAR 2 AND HE BASIS OF SATISFACTORY . IDENCE) TO BE THE P - ON(S) WHOSE NAME(S) IS SUBSCR I TO THE WITHI NSTRUMENT AND ACKNOWLEDGED TO ME THA HIS/NER/THEY) - ECUTED THE SANE IN (HIS/ HER/THEY) AUTHORIZED Cl':CITY( IES) q THAT BY (HIS/HER/THEY) SIGNATURE(S) ON THE INSTRUME T ERSON, OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) .;r- ED, EXECUTED THE INSTRUMENT NOTARY PUBLIC IN AND FOR SAID COON LLY APPEARED TO ME (OR PROVED TO NOTARY PUBLIC ' AND FOR SAID YUNTY AND STATE MY COMMISSIB- EXPIRES ON MY PRIN 'AL PLACE OF BUSINESS COUNTY. IS 20_ STATE OF CALIFORNIA) )ss CO'TY' OF SAN DIEGO) ON THa. SAY OF IN THE Y 204 BEFORE M' A NOTARY PUBLIC IN AND FOR SAID -, NTY AND STATE, PERSONALLY APPEARED PERSONALLY K'YWN TO ME (OR PROVED TO ,' ON THE BASIS OF SATT$FACTOR EVIDENCE) TO BE T ' ERSON(S) WHOSE NAMES) IS SUBS ' BED TO THE WI IN INSTRUMENT AND ACKNOWLEDGED TV ME T (HIS/NER/ Y) EXECUTED THE SAME IN (HIS/ TER/THEY) AUTHORIZED .'ACITY S), AND THAT BY (HIS/HER/THEY) SIGNATURE(S) ON THE INSTRUM HE PERSON, OR THE ENTITY UPON BEHALF OF WHICH THE PERSOS}];CTED, EXECUTED THE INSTRUMENT NOTARY PUBL IN AND FOR SAID OUNTY AND STATE MY COIMMI ION EXPIRES ON 20_ MY P CIPAL PLACE OF BUSINESS IS COUNTY. TAX CERTIFICATE: I, THOMAS J. PASTUSZKA, CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO, CALIFORNIA, HEREBY CERTIFY THAT THE PROVISIONS OF THE SUBDIVISION MAP ACT (DIVISION 2 OF TITLE 7 OF THE GOVERNMENT CODE) OF THE STATE OF CALIFORNIA, AS AMENDED, REGARDING Co DEPOSITS FOR TAXES AND (b) CERTIFICATION OF THE ABSENCE OF LIENS FOR UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES EXCEPT THOSE NOT YET PAYABLE, HAVE BEEN COMPLIED WITH. THOMAS J. PASTUSZKA CLERK OF THE BOARD OF SUPERVISORS BY: DEPUTY DATE WE, GEORGE WATERS, MAYOR, AND MICHAEL R. DALLA, LITT CLERK OF NATIONAL CITY, CALIFORNIA, HEREBY CERTIFY THAT THE CITY COUNCIL BY RESOLUTION NO. HAS APPROVED THIS PARCEL MAP CONSISTING OF 2 SHEETS AND DESCRIBED IN THE CAPTION THEREOF, AND HAS ACCEPTED ON BEHALF OF THE PUBLIC THE SIDEWALK & UTILITIES EASEMENT AS GRANTED AND SHOWN ON SAID MAP. BY: BY GEORGE WATERS, MAYOR DATED NATIONAL CITY, CALIFORNIA MICHAEL R. DALLA DATED CITY CLERK OF NATIONAL CITY, CALIFORNIA SHEET 1 OF 2 SHEETS PARCEL MAP: IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A DIVISION OF THAT PORTION OF THE WESTERLY HALF OF THE SOUTHEASTERLY QUARTER OF THE SOUTHWESTERLY QUARTER AND THE WESTERLY 5 FEET OF THE EASTERLY HALF OF THE SOUTHEASTERLY QUARTER OF THE SOUTHWESTERLY QUARTER OF FORTY -ACRE LOT 1 OF QUARTER SECTION 133, IN RANCHO DE LA NACION, ACCORDING TO THE MAP THEREOF N0. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER DF SAID SAN DIEGO COUNTY, LYING SOUTHERLY OF THE WESTERLY PROLONGATION OF THE DIVIDING LINE BETWEEN LOTS 14 AND 15 OF WINNETKA TERRACE NO. 2, MAP NO. 1601. EXCEPTING THEREFROM THE SOUTHERLY THIRTY FEET. SURVEYOR' S CERTIFICATE I, VICTOR RO➢RIGUEZ-FERNANDEZ, A LICENSED LAND SURVEYOR OF THE STATE OF CALIFORNIA, HEREBY CERTIFY THAT THIS MAP WAS PREPARED BY ME, OR UNDER MY DIRECTION, AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF MANUEL S. & GEORGINA R. CONTRERAS IN MAY, 1998, I HEREBY CERTIFY THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY, AND THAT ALL MONUMENTS ARE OF THE CHARACTER INDICATED AND OCCUPY THE POSITIONS SHOWN THEREON, AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. VICTOR RODRIGUEZ-FERNANDEZ L. S. NO. 5335 REG. EXP. 12-31-03 DATf/' CITY ENGINEER' S CERTIFICATE I, BURTON MEYERS, CITY ENGINEER OF THE CITY OF NATIONAL CITY, CALIFORNIA, HEREBY STATE THAT I HAVE EXAMINED THE ANNEXED MAP AND FINQ"IT TO SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TLNIATIVE MAP AND ANY APPROVED ALTERATION THEREOF, THAT THE PROVISIONS OF THE STATE SUBDIVISION HAP ACT AND CITY OF NATIONAL CITY SUBDIVISION ORDINANCE HAVE BEEN COMPLIED WITH, AND I AM SATISFIED THAT THE MAP IS TECHNICALLY CORRECT. a BU'TON S. MYERS DA CITY ENGINEER R. C. E. NO. 2492' IREG. EXPIRES 11-31-ur ZpUTusalA, ir�py'! L'+ � 10Fi 77 O RECORDER'S CERTIFICATE: i 11 I,, FILE NO. W��/L•OfC FILED THIS _ DAY OF .L A O'CLOCK _•M. IN BOOK OF PARCEL MAPS AT PRGE AT THE REQUEST OF VICTOR 1RODRI GUF7-FERNANDF7 GIZMO/Ay ) SMITH BY DEPUTY RECORDER COUNTY RECORDER FEE: 512.00 VICTOR RODRIGUE2-FF,BNAND FOUND LEAD & TACK, NO RECORD, SEE NATIONAL OTT TIE SHEET 12, DETAIL "B". s b a �ryyF. FOUND DISK STAMPED LS 6312, PER C.R. 13624, USED TO ESTABLISH THE NW COR. OF 7HE S'WTY 1/4 OF 40 AC. LOT 1, OTR SEC 133, MAP 166. FOUND DISK STAMPED "RCE 19073" IN SIDEWALK (NAD 83 MONUMENT 1236) NE. COI. "C" AVENUE AND 19TH STREET. N 1,824,060.131 E 5,301,309209 20th M STREET1P) GRAPHIC SCALE 60 0 60 240 30 ( IN FEET ) SCALE L' = :60' VICTOR RODRTOUE7 LAND SURVEYOR • 40' N 17' 49' 33" W FOUND ROS 1365, . NORTH UNE OFOF.1'i I 40 AS. LOT 1 If 51 I b'3 1 y� N o 43.4.A30.304,t 200.15 332.32' RI FOUND LEAD & TACK, NO RECORD, USED TO ESTABLISH THE NW COR. OF THE S'WLY 1/4 OF 40 AC. LOT 1, OTR. SEC. 133. MAP 166. 6LII9H THE 1z I - 1 rv4of a3 .),TAP 166. 1 I I 8KS STAMPED- RE 32 (8 71' 13' IN N 72' 05' 3E' E 654.64' (664.54' PER CEASES, SW. 16)�'- 18th 1 S` /WET FOUND DISK STAMPED RCE 6170, NO SEWS CONVERGENCE " AT STATION 1240 COMBINED FACTOR = 1.00002175 N 199E 21' 45" E FOUND 3/4" IRON PIPE RENT, NO DISK,. '. NO RECORD. • '20TH STREET DEDICATED TO TO THE CITY OF NATIONAL CRY Bq• PER DOC. NO. 7979, O.R.2 gq� lg 1 . REC. APRIL 6, 1079, O. ,r`O.n^5 N' �"�442.309' SEARCHED OUND&. 331.58' z 72'04'03'tl (N 71' IS 26' E PER'�PM87331 &P611: (663,13' PER CITY TIES. OUT, IS) c�lid_ 21.14j121 4 FOUND LEAD A:TA : NO RECORD, USED ESTABLISH THE NE 2.3 OF THE WWLY1/4 40 AC. LOT 1, 0112.1 SEC, 133, MAP 166.' • 20' o.v N. 72' 04' S0" E 331.95T MAINE OF NE WL. LP OF TI#{y 1/4qp .. — TGT .T%4 SEDOF133 . ^`' SUET 2 OF 2 SHEETS oN 'M 55LEY 1/4 oFF BASIS OF BEARINGS ao-AO LOT 1, OTR. SEC. 135, MAP T66. THE BASIS OF BEARINGS FOR THIS PARCEL MAP IS THE NAD 83, ZONE 6, GRID BEARING BETWEEN "1240" SO CITY ENG. DISK & THE "123e RCE 19073 DISK PER COUNTY OF SAN DIEGO HORIZONTAL CONTROL BOOK. I.E. N 8419'35" W. AND THEIR BASIS IS THE CALIFORNIA COORDINATE SYSTEM NAD 83. "-FOUND LEAD & TACK "ND RECORD, USED TO ESTAOUSTT THE NE COR OF THE'S'WLY 1/4 OF 40 AC. 1.0T 1 01R. SEC. 133, MAP 166. Ni OUND PARCEL AREA TABLE PARCEL _ GROSS NET 1 5179 SF 0.119 ACRES 2 5109 SF 0.117 ACRES 3 5122 SF 0.116 ACRES TOTAL 15410 SF 0.354 ACRES 4" N .xy ti. FOUND 3/4" IRON PIPE WITH DISK STAMPED RCE 18073, NO RECORD ACCEPTED AS NW COR. LOT14, MAP1601. 57.27' 56.64' - -� N72° 04: 33'E l o 56.95' 170.86' S S 11' EASEMENT TO CITY OF NATIONAL `CITY. FOR SIOEW'ALK & UTILITIES PURPOSE z j.IVIED-HEREON.1 N 72' 04' 03" E j 56.64' N 72 04' 03' E A, FOUND LEAD & TACK,. ACOEPIED AS':T1E POINTS PER, PM`:8783-&.PM 10378 USEC FROM NATIONAL CITY "RE; SHEET 13A;: DETAIL "L'. 170.81' 170.81' 20th STREET DETAIL 1 INCH = 30 FT EASEMENT NOTE: EASEMENT TO CAUFORNIA WATER & I80KTELEPHONE7, AGE 124 OF DEE69 DEEDS NOT PLOTED HEREON AS NO LOCATION IS SET FORTH IN. SAID DOCUMENT. LEGEND = PARCR MAP BOUNDARY • FOUND. MONUMENT AS NOTED . 4) - SETS" D1A. AND 24' LONG' IRON PIPE W11H PLAS110 1>LUO 00K'@. LE 5335 ' . O + SET 5/4"'DTA. AND'38' LONG IRON PIPE WITH PLASTID PLUG MKO''".LS, 5335 • a SET ':WAS, SAOK'.AN0(41S MARKED '1.5 5335' IN GANG16TE,SI9ENNNIA. ).: o,e iNFOpMATl01!•R,EB MAP NO. 1601 OR TY: 6TI51'3igREST OF NATIONAL CITY City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 17, 2001 AGENDA ITEM NO. 9 ITEM TITLE Resolution Amending City Council Policy #102: City Council Meeting Times PREPARED BY Ryan Hyland, DEPARTMENT City Manager's Office Management Analyst Ilia EXPLANATION At the June 12, 2001 City Council Meeting, City Council approved a new schedule for City Council meetings. Council Policy #102 has been revised to reflect this change of schedule. The attached revised Council Policy follows National City Municipal Code Section 2.04.010, which calls for City Council meetings to be held on the first and third Tuesday of every month at 6:00 p.m. Environmental Review ✓ N/A Financial Statement N/A STAFF RECOMMENDATION Approve the Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1) Resolution 2) City Council Policy #102: City Council Meeting Times Account No. Resolution No. 2001 101 A-200 (9/80) RESOLUTION NO. 2001 — 101 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CITY COUNCIL POLICY NO. 102 PERTAINING TO CITY COUNCIL MEETING TIMES WHEREAS, the City Council approved Ordinance No. 2001-2185 on June 12, 2001, revising the schedule for City Council meetings to the first and third Tuesday of every month at 6:00 p.m. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that City Council Policy No. 102 is amended to reflect the revision of the City Council meeting schedule to be held on the first and third Tuesday of every month at 6:00 p.m. PASSED and ADOPTED this 17"' day of July, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney DRAFT CITY COUNCIL POLICY TITLE: City Council Meeting Times POLICY NUMBER: 102 ADOPTED: April 7, 1981 AMENDED OR REVISED: July 17, 2001 Purpose To establish a standard meeting schedule for City Council meetings. Policy Regular meetings of the City Council of the City of National City shall be held in the Civic Center on the first and third Tuesday of each month at 6:00 p.m. In the event that the regular meeting of the City Council falls on a holiday, or on an election day on which a National City candidate or National City measure appears on the ballot, no meeting will be held that week. Any regular meeting may be dispensed with by vote of the City Council. Related Policy References National City Municipal Code, Section 2.04.010 CITY OF NATIONAL CITY .EETING DATE July 17, 2001 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 10 i'ITEM TITLE RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A PROGRAM SUPPLEMENT NO. 007 TO ADMINISTERING AGENCY -STATE AGREEMENT FOR RESURFACING OF VARIOUS CITY STREETS, FEDERAL -AID PROJECT NO. SB98-5066(001) PREPARED ET Din Daneshfar DEPARTMENT Engineering/Public Works EXPLANATION On June 16, 1998, the City Council awarded a contract in the amount of $1,178,232.00 to a Contractor for the Resurfacing of Roosevelt Avenue and Various Streets. On June 15, 1999, the project was completed and scheduled for acceptance. The attached Program Supplement to State -Local Transportation partnership Program Agreement is to process the final invoice. This program supplement will finalize the project through the State. The Resolution is to approve the Program Supplement No. 007 for the project. The project was partially funded by the State/Local Partnership Grant with a reimbursement ratio of 24.54%. The ratio was applicable to the eligible portion of the total cost. The total cost for the project was $1,060,154.28. The total eligible cost was $276,565.00. The total ineligible amount was $783,589.28. Therefore, the total reimbursable amount is $67,869.00. Environmental Review X— N/A Financial Statement The funds should be deposited into the Account No. �343-509-500-598-6035. / y" ✓. Account No. STAFF RECOMMENDATIO 1. Adopt the Resolution D ct the City C erk to insert Council Resolution number and date in the duplicate copies of the program supplem t and mail the executed copies along with a copy of the Resolution to Caltrans. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below L 1. Resolution 2. Duplicate copies of the Program Supplement No. 007 Resolution No. 2001-102 Supl A-200 (9/80) RESOLUTION NO. 2001 -102 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT NO. 007 TO THE STATE -LOCAL TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT FOR RESURFACING OF VARIOUS CITY STREETS (Federal -Aid Project No. SB98-5066(001)) WHEREAS, on June 16, 1998, the City Council awarded a contract in the amount of $1,178,232.00 to Sim J. Harris Company for the resurfacing of Roosevelt Avenue and various city streets; and WHEREAS, the street resurfacing project was completed and scheduled for acceptance on June 15, 1999; and WHEREAS, the State requires the execution of Program Supplement No. 007 to the State -Local Transportation Partnership Program Agreement to process the final invoice and finalize the project. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute Program Supplement No. 007 to the State -Local Transportation Partnership Program Agreement to process the final invoice and finalize the resurfacing project for various city streets. PASSED and ADOPTED this 17m day of July, 2001 George H. Waters, Mayor ATTEST: Michael R. Daila, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney PROGRAM SUPPLEMENT NO. 007 to S ::-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP-5066 Date: December 08, 1998 Location: 11-SD-0-NATC Project Number: SB98-5066(001) E.A. Number: 11-955909 This Program Supplement is hereby incorporated into the State -Local Transportation Partnership Program Agreement for State Share Funds which was entered into between the Local Entity and the State on 11/27/91 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 3 of Article I of the aforementioned Master Agreement under authority of Resolution No. , approved by the Local Entity on (See copy attached). The Local Entity further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with any covenants or remarks setforth on the following pages. PROJECT TERMINI: VARIOUS CITY STREETS TYPE OF WORK: RESURFACING LENGTH: 0(MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [X] Construction Estimated Cost State Share Funds Matching Funds $1,178,232.00 FY1998 FY1999 FY2000 $0.00 $67,869.00 $0.00 LOCAL $1,110,363.00 $0.00 OTHER $0.00 CITY OF NATIONAL CITY By Date Attest Title STATE OF CALIFORNIA Department of Transportation By Chief, Office of Local Programs Project Implementation Date i hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer Date lZ-g ^ 9� $67,869.00 Chapter Statutes Item Year Program BC Fund Source AMOUNT 282 1997 2660-125-042 97-98 20.25.010.100 C 258010 042-T 67,869.00 Program Supplement SLTPP-5066-007- Page l of 3 12/08/1998 11-SD-0-NATC SB98-5066(001) SPECIAL COVENANTS OR REMARKS 1. It is mutually understood between the parties that this contract may have been written before ascertaining the availability of legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the agreement were executed after that determination was made. The total amount of State -Local Transportation Partnership funds payable by the State shall not exceed the sum of the "State Share Funds" column on page 1 of this Program Supplement. The funds to be encumbered and reimbursed are according to the schedule shown under the aforementioned column. Any increase in State Partnership funds will require a revised program supplement. Any decrease in State Partnership funds will require a revised finance letter. 2. The State Funds Share is calculated based on the lower of the approved eligible application amount or the eligible award amount. 3. SPECIAL COVENANTS FOR SLTPP PROJECTS UNDER EARLY REIMBURSEMENT PLAN AND UNDER $300,000 STATE SHARE These Covenants supersede any conflicting provisions of the Master Agreement: A. The LOCAL ENTITY agrees that the payment of "State ShareFunds" will be limited to the lesser of the product of multiplying the calculated pro rata percentage as determined by the STATE by either: (a) The eligible award amount or (b) The total eligible State/Local Partnership Project cost in the approved State/Local Partnership Program Application and accepts any consequent increase in LOCAL ENTITY funding requirements. B. The LOCAL ENTITY will invoice the State for the full "State's Share" after the contract award or upon the State Budget Act Program Supplement SLTPP-5066-007- Page 2 of 3 11-SD-0-NATC 12/08/1998 SB98-5066(001) SPECIAL COVENANTS OR REMARKS appropriation of funds, whichever occurs later. "State's Share" is considered a grant and will be reimbursed as a lump sum payment regardless of final project cost. C. Prior to reimbursement under this Program Supplement, a Request For Early Reimbursement form, executed by the LOCAL ENTITY, must be on file with the STATE. D The financial audit and Final Project Expenditure Report provisions of Sections 9 and 10 of ARTICLE I of the Master Agreement are not applicable to this PROJECT. 4. In accordance with the State -Local Transportation Partnership Program Guidelines dated June 8, 1994, project eligibility is limited to contract items plus locally funded State or Local Entity furnished materials and Supplemental Work. Supplemental Work eligibility is further defined under the Project Eligibility section of the Guidelines as limited to certain maximum costs and to non -early reimbursement projects of $300,000 or less. 5. The Reimbursement Ratio for this Cycle 8 (97/98) Project is 24.54%. Program Supplement SLTPP-5066-007- Page 3 of 3 _..EETING DATE July 17, 2001 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 11 i-ITEM TITLE RESOLUTION OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO" HARDING ESE, INC. FOR THE UPDATING OF THE CITY'S PAVEMENT MANAGEMENT SYSTEM PREPARED BY Michael Long DEPARTMENT Engineering EXPLANATION Harding ESE, Inc. was selected in 1998 through the RFQ process to design and implement the City's Pavement Management System. In order to maintain the Pavement Management System as a useful budgeting and maintenance tool ongoing inspection of the streets must occur, the database must be updated, and employees must be trained to use the system and maintain the database. The amount originally budgeted for implementing the system allows for the reinspection of all the City streets designated Arterials and Collectors. The original budget also allows for the training of employees. It is recommended that the contract be awarded for the updating of the Pavement Management System and employee training. Environmental Review Financial Statement The total cost of the project is estimated to be $27,500.00. Funding is available through Account No. 1 .09-500-598-6136. STAFF RECOMMENDATI Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) L1. Resolution 2. Contract A-2000 (9/80) count No. Resolution No. 2001-103 RESOLUTION NO. 2001 -103 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH HARDING ESE, INC. FOR THE UPDATING OF THE CITY'S PAVEMENT MANAGEMENT SYSTEM WHEREAS, the City desires to employ a consultant to perform reinspection services of all the arterial and collector streets and update the City's Pavement Management Program; and WHEREAS, the City has determined that Harding ESE, Inc. is a professional civil engineering fine and is qualified by experience and ability to perform the services desired by the City, and is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Harding ESE, Inc. to perform reinspection services of all the arterial and collector streets and update the City's Pavement Management Program. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 171 day of July, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: City Attorney RIGINAL AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND HARDING ESE, INC. THIS AGREEMENT is entered into this 17th day of July 2001 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Harding ESE, Inc. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to perform reinspection services of all the arterial and collector streets and update the City's Pavement Management Program. WHEREAS, the CITY has determined that the CONTRACTOR is a Professional Civil Engineering firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The 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. 3. PROJECT COORDINATION AND SUPERVISION. Mr. Michael J. Long hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Mr. Jose Patroni thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shall not exceed the schedule given in Exhibit A (Base amount) without prior written authorization from the City's Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. The length of this agreement is 180 days from the date the City Council approves the Contract. Upon approval of the Contract by the City Council, the City will issue a Notice -to -Proceed. The contractor shall begin work within seven (7) calendar days thereafter. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR assigns to the CITY and thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's Page 2 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. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all State and Federal statutes and regulations, and all ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. Page 3 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. Page 4 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRAC- TOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees and volunteers, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the CONTRACTOR's performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the CITY and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. Page 5 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 $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of ,$1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of its employees and volunteers. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal fmancial 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. Page 6 For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement or award. Attorneys 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 defence of the action, irrespective of the actual amount of attorney's fees incured by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a Page 7 reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Burton S. Myers City Engineer City of National City 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: Mr. Jose F. Patron, Senior Engineer Harding ESE, Inc. 691Matley Lane Reno, NV 89502 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 Page 8 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. 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. Exhibit A - Scope of Services / Fee Schedule Exhibit B - Project 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. Page 9 Jul-11-01 09:40A Jul-11-01 08:I7A P.02 P.12 1. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining. strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement. or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the patties hereto have executed this Agreement on the date and year first above written HARDING ESE, INC. By: By: CITY OF NATIONAL CITY By: FRmg_ Lr George Waters, Mayor APPROVED AS TO FORM: George H. F.iser, III City Attorney Page 10 rNottg rOilterwi Harding ESE A MACTEC COMPANY EXHIBIT A June 11, 2001 Mr. Michael Long Assistant Civil Engineer City of National City Engineering Department 1234 National City Boulevard National City, CA. 91950-4397 COST ESTIMATE TO UPDATE THE CITY'S PAVEMCNT MANAGEMENT PROGRAM CITY OF NATIONAL CITY Harding ESE, Inc. 961 Matey Lane Suite 110 Reno, NV 89502 Telephone: 775/329-6123 Fax: 775/322-9380 Home Page: www.mactec.com OF IAF�!TI1+ pO±�lA.L CITY ENGIIVEcpT, REC IYED Data tiF Michael: Per your request, I am including the cost estimate to reinspect all the arterial and collector streets and update the City's Pavement Management Program. The scope of work will include: • Visual pavement condition surveys of the arterial and collector streets, 37.5 centerline miles, included in the PAVER database using the PC1 method Input data into the City's PAVER database ry Update the City's Pavement Management Program GIS with new Pt_1s • Provide the City with a new Five -Year Maintenance and Rehabilitation Plan • Provide the City with an updated PAVER database Provide City personnel two days of training in the use of the PAVER Pavement Management Program Harding ESE can provide the above services for the total lump sum of $27,500. Should you have any questions, please feel free to contact me at 775-326-5378. Sincerely, ARDING ESE r Jose F. Patroni Senior Engineer JFP/jfp EXHIBIT B PROJECT SCHEDULE PAVEMENT MANAGEMENT PROGRAM UPDATE CITY OF NATIONAL CITY TASK Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 1 PAVEMENT INSPECTIONS 2 CONDITION DATA INPUT 3 MAPPING AND GIS LINK 4 M&R PLAN 5 TRAINING 6 REPORT Harding ESE MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT Jul Y 17, 2001 AGENDA ITEM NO. 12 %ITEM TITLE RESOLUTION INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS AND ORDERING THE PREPARATION OF AN ENGINEER'S REPORT IN A SPECIAL MAINTENANCE DISTRICT PREPARED BY Paul DesrochersEPARTMEN OMMUNITY DEVELOPMENT Executive Director COMMISSION (CDC) EXPLANATION The Engineer's Report, required by Section 22622 of the Landscaping and Lighting Act of 1972, is the central document relative to the Levy of Assessments within Landscape Maintenance District No. 1 (LMD No. 1) located in the National City Mile of Cars. Nasland Engineering will prepare the Engineer's Report. All proceedings for the establishment of a levy of assessment for LMD NO. 1 will comply with the provisions of Proposition 218, approved by the voters on November 5, 1996. Environmental Review X WA Financial Statement >STAFF RECOMMENDATION Adopt the resolution. Account No. BOARD / COMMISSION RECOMMENDATION A Public Meeting is scheduled for July 31, 2001 at 5:00 p.m. in the City Council Chambers to discuss the proposed assessment with interested property owners. In addition, staff will meet and discuss the proposed assessment with the Mile of Cars Association before the August 7, 1999 Public Hearing. LNIA ATTACHMENTS (Listed Beelow) Resolution No. 2001-104 CEMy Documents\City Council\2001-A-200's\07-17-00 MOC #1.rtf A-200 (9/80) RESOLUTION NO. 2001- 104 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS AND ORDERING THE PREPARATION OF AN ENGINEER'S "REPORT" FOR A SPECIAL MAINTENANCE DISTRICT WHEREAS, the City Council of the City of National City has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "1972 Act"), said special maintenance district known and designated as Landscape Maintenance District No. 1 (Mile of Cars) (hereinafter referred to as the "Maintenance District"); and WHEREAS, at this time the City Council is desirous to take proceedings to provide for the annual levy of assessments for the next ensuing fiscal year to provide for the annual costs for maintenance of improvements within the Maintenance District. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: RECITALS Section 1. That the above recitals are all true and correct. DECLARATION OF INTENTION Section 2. That the public interest and convenience requires, and it is the intention of this legislative body to initiate proceedings for the annual levy and collection of special assessments for the payment of annual maintenance and/or servicing costs within the Maintenance District. REPORT OF ENGINEER Section 3. That the improvements are hereby referred to Nasland Engineering, who is hereby directed to make and file the "Report" as required by the provisions of the 1972 Act and Article; XIIID of the Constitution of the State of California generally containing the following: A. Plans and specifications describing the general nature, location and extent of the improvements to be maintained and the extent of such maintenance; B. An estimate of the cost of the maintenance of the improvements for the Maintenance District for the referenced fiscal year. Resolution No. 2001 -104 July 17, 2001 Page Two C. A diagram for the Maintenance District, showing the area . and properties proposed to be assessed. D. An assessment of the estimated costs of the maintenance, assessing the net amount upon all assessable lots and/or parcels within the Maintenance District in proportion to the special benefits received. That upon completion of the preparation of said "Report", the original shall be filed with the City Clerk, who shall then submit the same to this legislative body for its immediate review and consideration. FISCAL YEAR Section 4. That the above "Report" shall include all costs and expenses of said maintenance and/or servicing relating to the fiscal year commencing July 1, 2001 and ending June 30, 2002. PASSED and ADOPTED this 17th day of July, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE JULY 17.2001 AGENDA ITEM NO. 13 ITEM TITLE RESOLUTION APPROVING THE ASSESSMENT ENGINEER'S REPORT FOR PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN A SPECIAL MAINTENANCE DISTRICT PREPARED BY EXPLANATION The Engineer's Report calculates the annual landscape maintenance cost to be assessed to each property owner located within the District based on the amount of frontage owned. The amounts provided in the report were estimated from a variety of sources utilized in 2001-02 including: • Land maintenance costs from Environmental Care, Inc. including palm trimming • Utility costs from SDG&E and the Sweetwater Authority • Electrical maintenance costs and bulb replacements • Administration, legal and engineering costs • Signed refurbishment costs • Other contingencies This year's proposed assessments are the same as in previous year's assessment. The reason for the suggested increase is due to anticipated higher utility and maintenance costs. Staff has not recommended an increase for the last several years. In addition, it should be noted that this increase will not required a ballot vote per Proposition 218. Paul Desrochers, D EPARTMENT CDC The County of San Diego Auditor and Controller will collect the fees as part of the annual property tax roll procedures. Upon ,collection, the funds will then be disbursed to the City. L1 nis resolution adopts the Engineer's Report and orders it to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. (Environmental Review X WA Financial Statement Maintenance costs for fiscal -year 2001-2002 operation of the District are estimated at $99,600.00 and, fees to the property owners range from $345.48 to $6,805.88. Administrative fees are estimated at $800.00. Account No. STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Engineer's Report Resolution No. 2001-105 A-200 (9/80) n.tee r,.._....,......tr:.y "Alnm A 'IOIVa100 17_Al I RESOLUTION NO. 2001 - 105 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ASSESSMENT ENGINEER'S REPORT FOR PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN A SPECIAL MAINTENANCE DISTRICT WHEREAS, the City Council of the City of National City pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "1972 Act") and Article XIID of the Constitution of the State of California ("Article XIIID"), did, by previous Resolution, initiate proceedings and ordered the preparation of an Assessment Engineer's Report ("Report") for the annual levy of assessments within a special maintenance district, said special maintenance district known and designated as Landscape Maintenance District No. 1 (Mile of Cars) (hereinafter referred to as the "Maintenance District"); and WHEREAS, there has now been presented to this City Council the "Report" as required by the 1972 Act and Article XIIID and as previously directed by Resolution; and WHEREAS, this City Council has now carefully examined and reviewed the "Report" as presented, and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the special benefits received from the improvements to be maintained, as set forth in said "Report". NOW, THEREFORE, BE IT. RESOLVED by the City Council of the City of National City as follows: Section 1. That the above recitals are all true and correct. Section 2. That the "Report" as presented consists of the following: A. Plans and specifications describing the general nature, location and extent of the improvements to be maintained and the extent of the proposed maintenance; B. Estimate of the cost of maintenance of the improvements for the Maintenance District for the referenced fiscal year; C. Diagram of the Maintenance District, showing the area and properties proposed to be assessed; D. An assessment of the estimated costs of the maintenance assessing the net amount upon all assessable lots and/or parcels within the Maintenance District in proportion to the special benefit received. Said "Report", as presented, is hereby approved on a preliminary basis, and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. Resolution No. 2001 -105 July 17, 2001 Page Two Section 3. That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Engineer's "Report". PASSED and ADOPTED this 17d' day of July, 2001. ATTEST: Michael R. Dana, City Clerk APPROVED AS TO FORM: /•0gat; a George H. Eiser, III City Attorney 1 George H. Waters, Mayor SIXTH AMENDED ENGINEER'S REPORT LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) City of National City, California (Pursuant to the Landscaping and Lighting Act of 1972) The City Council of the City of National City, California, has adopted a Resolution ordering the preparation and filing of an Engineer's "Report" pursuant to the provisions of the "Landscaping and Lighting Act of 1972", being Division 12, Part 2 of the Streets and Highways Code of the State of California, commencing with Section 22500 (the "Act"), for purposes of authorizing the levy of special assessments for certain maintenance work in a special assessment district known and designated as Landscape Maintenance District No. 1 (Mile of Cars) (hereinafter referred to as the "District"). An Engineer's Report dated February 15, 1995, was prepared and submitted as ordered by the legislative body. Since the date of the Engineer's Report certain changes were made to the project. Such changes were described in the First Amended Engineer's Report dated August 1, 1996 and in the Second Amended Engineer's Report dated July 31, 1997. Information regarding actual expenditures resulted in changes to the cost estimates and assessment schedule incorporated in the Third Amended Engineer's Report dated June 26, 1998, the Fourth Amended Engineer's Report dated June 30, 1999 and the Fifth Amended Report dated June 27, 2000. Additional information is now available regarding actual expenditures for maintenance, repairs, electrical service and water usage. Adjustments are therefore necessary to the cost estimates and assessment schedule. This "Sixth Amended Report", is prepared and submitted in four parts, consisting of the following: Part I. Plans and Specifications. The plans and specifications describe the general nature, location and extent of the proposed improvements to be maintained and the maintenance to be performed. Part I is unchanged from the Fifth Amended Engineer's Report. Part II. Cost Estimate. The cost estimate includes all costs relating to maintaining the improvements for the next fiscal year, including appropriate incidental expenses. Part III. Assessment Diagram. The Assessment Diagram indicates the exterior boundaries of the District, as well as setting forth each individual lot or parcel. Each parcel is identified by a distinctive number or letter and the lines and dimensions of each lot conform to those as shown on the latest County Assessor's map. The Assessment Diagram is unchanged from the Fifth Amended Engineer's Report Part IV. Assessment Schedule. The assessment schedule sets forth the net amount to be assessed upon all parcels and lands within the District, describing each assessable lot or parcel by reference to a specific number, and assessing the net amount upon the lots in proportion to the benefits to be received by each lot or parcel as shown on the above -referenced diagram. All lots and parcels of land known as public property, as defined under Section 22663 of the Act, have been omitted and are exempt from any assessment under these proceedings. This "Report" is applicable for the maintenance of improvements within the district for the fiscal year commencing July 1, 2001 and ending June 30, 2002. Dated: .-) r ' i i °° 1 Nasland Engineering Assessment Engineer City of National City State of California r". PART I Plans and Specifications The plans and specifications for the works of improvements and the maintenance thereof are on file in the Office of the City Clerk, available for public inspection. The plans and specifications show the general nature, location and extent of the proposed improvements to be maintained and the maintenance to be performed. A general description of the works of improvement to be maintained under these proceedings are described as follows: 1. Median Improvements: o Landscape planting and irrigation o Colored concrete hardscape • Lighting system • Graphic panels, banners and signage o Painted crosswalks o Identification sign at 23rd Street and McKinley Avenue. 2. Frontage Improvements o Improvements to parkways on both sides of National City Boulevard between 18th Street and 33rd Street. • Landscape planting and irrigation o Colored concrete sidewalks and mow curbs • Street furniture A general description of the maintenance to be performed on such improvements is described as follows: 1. General Plant Maintenance o Mowing, trimming, pruning and weeding o Watering, including water usage o Fertilizing o Plant replacement 2. Maintenance of Irrigation System o Adjustment of timers o Repair/replacement of worn-out, stolen or malfunctioning equipment 3. Periodic repainting of crosswalks 4. Periodic repainting of metal benches and trash receptacles 5. Periodic repainting and repair of light poles, graphic panels, signage and other miscellaneous equipment. 6. Maintenance of electrical system o Bulb replacement • Repair/replacement of worn out or malfunctioning equipment o Electrical energy charges 7. Litter removal 8. Trash pick-up 9. Other repairs of damage caused by vandalism and/or traffic accidents The assessments are those as confirmed in Column I, unless a different figure appears in Column II, as modified. I II Assessment Assessor's Parcel Amount of Assessment Number Number Assessment as Confirmed 1 560-210-01 $ 1,315.80 2 560-210-04 1,736.86 -3 560-210-42 315.79 4 560-210-41 526.32 5 560-210-40 2,221.08 6 560-261-08 2,842.14 7 560-271-14 1,000.01 8 560-271-07 789.48 9 560-271-09 526.32 10 560-271-11 1,052.64 11 560-330-03 6,221.13 12 562-021-01 1,052.64 13 562-021-07 1,684.23 14 562-031-14 1,684.23 15 562-031-13 1,157.91 16 562-090-06 2,842.14 17 562-100-14 1,421.07 18 562-100-13 1,421.07 19 562-160-07 3,157.93 20 562-180-32 863.17 21 562-180-33 1,336.86 22 562-251-37 2,126.34 23 562-251-38 1,757.92 24 562-252-15 3,473.73 25 562-321-07 1,915.81 26 (Parcel owned by City) 0 27 562-330-42 800.01 28 562-330-35 2,621.08 29 562-220-32 3,305.30 30 562-220-31 1,631.60 31 562-220-13 2,421.08 32 562-220-11. 609.04 33 562-150-13 2,200.03 34 562-340-09 3,157.93 35 562-340-48 4,589.53 36 562-340-47 1,726.34 37 562-340-07 3,157.93 38 562-340-06 3,052.67 39 562-340-50 3,157.93 40 562-340-49 3,063.19 41 560-393-04 5,052.69 42 560-393-03 1,473.70 43 560-204-02 1,473.70 44 560-204-03 2,000.02 45 560-203-03 3,063.19 46 562-330-43 0 Total 93,000.00 PART II Cost Estimate for FY 2001- 2002 The estimated total costs for maintenance of the improvements are those as hereinafter set forth below. For details regarding the estimated cost of annual maintenance refer to the attached Exhibit 1StI Cost of Annual Maintenance • Median Frontage Improvements ImprovementR $52,900 $38,000 Incidentals: A. Administration 500 300 B. Legal Fees 300 200 C. Engineering 400 400 Total Incidentals 1,200 900 Total Estimated Annual Cost 54,100 38,900 Surplus or Deficit 00 00 NET ANNUAL ASSESSMENT $54,100 $38,900 PART III Assessment Diagram The Assessment Diagram sets forth (a) the exterior boundaries of the District and (b) the lines of each lot or parcel of land within the District. The assessment diagram further identifies each lot or parcel by a distinctive number or letter. For a detailed description of the lines and dimensions of any lot or parcel, reference is made to the County Assessor's map applicable for the next fiscal year, which map shall govern for all details concerning the lines and dimensions of such lots or parcels. A copy of the assessment diagram is attached hereto, referenced and incorporated. PART IV Assessment Schedule I, an authorized representative of the duly appointed Assessment Engineer, by virtue of the power vested pursuant to the Act, and by order of the legislative body, hereby make the following assessment to cover the estimated costs and expenses for the maintenance within the District for the next fiscal year. Said costs and expenses are generally as follows: Median Frontage improvements ImprovementR Cost of Annual Maintenance $52,900 $38,000 Incidental Expenses 1,200 900 Total Costs 54,100 38,900 Surplus/Deficit 0 0 Balance to Assessment 54,100 38,900 I do hereby assess and apportion the net amount of the costs and expenses upon the several parcels of land within the District liable therefor and benefited thereby, in proportion to the estimated benefits that each parcel receives, respectively, from the maintenance work, and said parcels are hereinafter numbered and set forth to correspond with the numbers as they appear on the attached assessment Diagram and the County Assessment Roll. The Assessment Schedule refers to the County Assessor's Maps for a description of the lots or parcels, and said Maps shall govern for all details concerning the description of the lots or parcels. The net amount to be assessed upon the lands has been spread and apportioned in accordance with the benefits received from each parcel, and in my opinion, said costs and expenses have been apportioned in direct relationship to the benefits received from the improvements to be maintained. For a more specific statement as to the method and formula for the spread of the assessments, reference is made to the following list of annual assessments, and for particulars as to the formula for the allocation of the costs, reference is made to the Method and Formula of Assessment Spread attached hereto as Exhibit "A". This Assessment has been prepared pursuant to the "Landscaping and Lighting Act of 1972". The net amount to be assessed upon the lands and parcels within the boundaries of the District has been spread and apportioned in accordance with the benefits received from the improvements, and in my opinion the costs and expenses have been assessed in direct relationship to the benefits received from the maintenance of the improvements. Dated: ) .t)Y 12, Lodi Nasland Engineering Assessment Engineer City of National City State of California A copy of said Assessment Roll and Engineer's Report was filed in the Office of the Secretary and the Superintendent of Streets on the day of , 2001 City Clerk City of National City State of California Superintendent of Streets City of National City State of California Final approval, confirmation and levy of the annual assessment and all matters in the Engineer's Report was made on the day of , 2001, by adoption of Resolution No by the City Council. City Clerk City of National City State of California EXHIBIT "A" METHOD ANT) FORMTTT.A OF ASSESSMENT SPREAD The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the "Landscaping and Lighting Act of 1972", must be based on the benefit that the properties receive from the improvements to be maintained. The statute does not specify the method or formula that should be used in any special assessment district proceedings. The responsibility rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. For these proceedings, the City has retained the services of Nasland Engineering. IDENTIFY THE BENEFIT First of all, it is necessary to identify the benefit that the improvements to be maintained will render to the properties within the boundaries of the District. The improvements significantly improve the visual appearance of the streetscape, making the Mile of Cars a more enjoyable and desirable location for customers. The special signage and lighting provide a unifying theme, benefiting all of the properties within the District. APPORTIONMENT OF COSTS In further making the analysis, it is necessary that the property owners receive a special and direct benefit distinguished from that of the general public. In this case, an in-depth analysis was made, and several factors are being used in the final method and spread and assessment. All of the improvements are intended to be of direct benefit to properties within the District. These improvements require significantly more maintenance than normally provided by the City. It is therefore appropriate that the properties receiving the benefit be assessed for the additional cost. There are generally two categories of improvements to be maintained by the District. The median improvements benefit all properties within the District. The improvements to the parkway (referred to herein as Frontage Improvements) benefit those properties which they abut. The specific method of spreading the assessment is described below: 1. The total cost for maintenance of the median improvements is apportioned to all parcels in the District based on the frontage of each parcel on National City Boulevard, except as noted below. 2.Parcel 32 (APN 562-220-11) has no frontage on National City Boulevard, but will benefit from the median improvements. This parcel is assessed for median improvements as if it had a frontage of 100 feet. 3.The total cost for maintenance of the Frontage Improvements is apportioned to all parcels in the District except Parcel 32 (APN 562-220-11), based on the frontage of each such parcel on National City Boulevard. The frontage of each parcel is determined from current assessor's maps for the County of San Diego, State of California. All frontage dimensions have been rounded to the nearest foot. FUTURE ANNUAL ADJUSTMENT IN ASSESSMENT The annual assessment to be levied on all properties within the district in fiscal year 2002-2003 and thereafter shall be subject to an annual escalation of up to 10% based upon actual and anticipated expenditures. If the annual assessment in any fiscal year is proposed to be increased by an amount which would be in excess of the amount authorized pursuant to the application of the above formula, such annual assessment shall be considered a "new or increased assessment" as such term is used in Government Code Section 54954.6. In conclusion, it is my opinion that the assessments for the above -referenced District have been spread in direct accordance with the benefits that each parcel receives from the improvements to be maintained. Dated: )fr t- /2 lid Nasland Engineering G. ;4.— Assessment Engineer City of National City State of California EXHIBIT "B" FSTTMATF.D COST OF ANNT TAT, MA1NTFNANCF FY 2001-2002 Median TmprovementR Frontage TmprovementR 1. Lawn planting care 0 $24,000 2. Median planting care 12,000 0 3. Palm tree trimming 1,5 00 2,000 4. Irrigation system maintenance Incl. in items 1 & 2 Incl. in items 1 & 2 5. Water usage 11,000 11,000 6. Water meter charge Incl. in item 5 Incl. in item 5 7. Repair crosswalks 1,500 0 8. Repainting of metal poles & street furniture 700 500 9. Refurbishment of graphics panels 2,500 0 10. General maintenance of electrical system 2,000 0 Bulb replacement Incl. in item 10 0 .2. Electrical usage 21,000 0 13. Litter removal Incl. in item 2 Incl.. in item 1 14. Trash pick-up 0 Incl. in item 1 15. Miscellaneous vandalism repairs 300 500 16. Freeway sign 400 0 TOTAL: $52,900 $38,000 'D IN THE OFFICE OF THE CITY CLERK OF THE CITY OF NATIONAL f THIS DAY OF TOGS. CITY CLERK CITY OF NATIONAL CITY STATE OF CAUFORNIA :ORDED IN THE OFFICE OF THE SUPERINTENDENT OF STREETS OF THE OF NATIONAL CITY THIS _DAY OF 1996 SUPERINTENDENT OF STREETS CITY OF NATIONAL CITY STATE OF CAUFORNIA ASSESSMENT WAS LEVIED BY THE CITY COUNCIL ON 114E LOTS, :ES. AND PARCELS Or LAND SHOWN ON THIS ASSESSMENT DIAGRAM. ASSESSMENT WAS LENED ON THE -DAY OF 1996• 7 ASSESSMENT DIAGRAM AND THE ASSESSMENT ROLL WERE RECORDED DlE OFFICE OF DIE SUPERINTENOENT OF STREETS OF SAID CITY DIE -DAY OF 1996. REFERENCE IS MADE TO THE IESSMENT ROLL RECORDED IN THE OFFICE OF THE SUPERINTENDENT STREETS FOR THE EXACT AMOUNT OF EACH ASSESSMENT LENED UNST EACH PARCEL OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. CITY CLERK CITY Of NATIONAL CITY STATE OF CAUFORNIA TD THIS DAY OF 1996 AT THE HOUR _O'CLOCK _ .M. IN BOOK _OF MAPS OF TESSMENT AND COUMMUNITY FACILITIES DISTRICTS IN THE 'ICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN GO. CALIFORNIA. COUNTY RECORDER COUNTY OF SAN 01E00 STATE OF CAUFORNIA AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CITY OF NATIONAL CITY COUNTY OF SAN DIEGO STATE OF CALIFORNIA SHEET 1 OF 3 SHEETS O 560-261-05 270' 1 \ \ - G $ b 50' 560-271-II 100' i1 7 Q 560-271-14 95' 75' 291' 560-203-03 19D' 560-204-03 140' 560-204-02 O 560-393-03 460' 560-393-04 1 1 REVISED 8-1-96 REVISED 6-11-97 EXTERIOR BOUNDARY OF DISTRICT THE"iRONTAGE OF EACH PARCEL IS BASED UPON CURRENT COUNTY ASSESSOR'S MAPS AND SHOWN HEREON 10 THE NEAREST FOOT. REFER 10 ASSESSOR'S PARCEL MAPS FOR PROPERTY DIMENSIONS NOT SHOWN. 300 300 400 SCALE 1• - 100' NASLAND ENGTe 1ERING CIVIL ENGINEERING • 6URVEYING JD PUNNING 4740 Rull..r 604.1. 6.. 91y. Calror.l.. 4.n1 •419-YPt-TF16 AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO, 1 (MILE OF CARS) CITY OF NATIONAL CITY COUNTY OF SAN DIEGO STATE OF CALIFORNIA 560-330-03 591' NATIONAL CRY BOULEVARD 5- 291' 562-340-49 O 300' 562-340-50 62-021-0 TOOT 562-021-07 160' 0 562-031-14 160' 562-031-13 I ID' 290' 562-340-06 300' 562-340-07 0 562-090-06 270' NATIONAL CRY SHEET 2 OF 3 SHEETS 562-100-14 135' 0 562-100-13 135' BOULEVARD 164 562-340-47 O 436' 562-340-46 TRANSPORTATION AVENUE 100 EXTERIOR BOUNDARY OF DISTRICT REVISED 8-1-96 REVISED 6-9-97 I06 200 300 400 SCALE I" - TOOT IT rP'RONTAOE or EACH PARCEL IS BASED UPON CURRENT COUNTY ASSESSOR'S MAPS AND SHOWN PARCEL MAPS N TO THE AREST FOOT. PROPERTY DIMENSIONS NFER TOOT ASSESSOR'S 4. CIVIL ENGINEERING • 3URYEYING • LAND PLANNING 4240 ReIbu 31•4•1, 34e Nap. GIN , 22111 NII-U2.M0 NASLAND ENGINEERING 1 562-160-07 300' AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CITY OF NATIONAL CITY 562-160-32 82' 0 562-180-33 300' 562-340-09 209' 562-150-13 TRANSPORTATION AVENUE COUNTY OF SAN DIEGO STATE OF CALIFORNIA NATIONAL CITY BOULEVARD 230 562-220-13 0 155 562-220-31 100 562-252-IS 314 562-220-32 EXTERIOR BOUNDARY OF DISTRICT 562-321-07 249' 562-330-35 562-321-06 T/1ETR0NTACE OF EACH PARCEL IS BASED UPON CURRENT COUNTY ASSESSOR'S MAPS AND SHOWN HEREON TO THE NEAREST FOOT. REFER TO ASSESSOR'S PARCEL MAPS FOR PROPERTY DIMENSIONS NOT SHOWN. 100 200 400 SCALE 1' - 100' SHEET 3 OF 3 SHEET 562-330-43 REVISED 8-1-96 REVISED 6-11-97 NASLAND ENGINNiEERING CIVIL IMMURING • SURVEYING IC PIANNING CM Mho anal, he Slap, C*Illorelo. 6-tat-'rrM MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT JULY17.2001 AGENDA ITEM NO. 14 %ITEM TITLE RESOLUTION DECLARING COUNCIL'S INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN A SPECIAL MAINTENANCE DISTRICT, AND SETTING A TIME AND PLAC PUBLIC HEARING THEREON PREPARED BY EXPLANATION Paul Desroche Executive Director COMMISSION (CDC) PARTMENT COMMUNITY DEVELOPMENT This resolution sets the time and place for the public hearing on the levying of the proposed assessment for the Landscape Maintenance District No. 1 per Section 22624 of the Landscaping and Lighting Act of 1972. The Public hearing is scheduled for August 7, 2001 at 6:00 PM in the Council Chambers at 1243 National City Boulevard, National City, CA 91950. The resolution provides for a mailing to all property owners proposed to be assessed notifying them of the public hearing, adoption of the Resolution of Intention, and of the filing of the Engineer's Report. J Environmental Review Financial Statement N/A XN/A Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed. Below ) Resolution No. 2001-106 A-200 (9/80) RESOLUTION NO. 2001- 106 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN A SPECIAL MAINTENANCE DISTRICT, AND SHYING A TIME AND PLACE FOR PUBLIC MEETING AND PUBLIC HEARING THEREON WHEREAS, the City Council of the City of National City has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "1972 Act"), said special maintenance district known and designated as Landscape Maintenance District No.1 (Mile of Cars) (hereinafter referred to as the "Maintenance District"); and WHEREAS, at this time the City Council is desirous to take proceedings to provide for the annual levy of assessments for the next ensuing fiscal year to provide for the costs and expenses necessary to pay for the maintenance of the improvements in said Maintenance District; and WHEREAS, there has been presented and approved by this City the Assessment Engineer's Report ("Report"), as required by the 1972 and Article XIIID of the Constitution ("Article XBID"), and this City Council is desirous of continuing with the proceedings for said annual levy. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: RECITALS Section 1. That the above recitals are all true and correct. DECLARATION OF INTENTION Section 2. That the public interest and convenience requires, and it is the intention of this legislative body, to levy and collect assessments to pay the annual costs and expenses for the maintenance and/or servicing of the improvements for the above -referenced Maintenance District, said improvements generally described as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. BOUNDARIES OF MAINTENANCE DISTRICT Section 3. That said works of improvement are of special benefit to the properties within the boundaries of said Maintenance District, which Maintenance District the legislative body previously declared to be the area specially benefited by said works of improvement, and for particulars, reference is made to the boundary map as previously Resolution No. 2001 - 106 July 17, 2001 Page Two approved by this legislative body, a copy of which is on file in the Office of the City Clerk and open for public inspection, and is designated by the name of this Maintenance District. REPORT OF ENGINEER Section 4. That the "Report" of the F.ngineer, as preliminarily approved by this legislative body, is on file with the City Clerk and open for public inspection. Reference is made to said "Report" for a full and detailed description of the improvements to be maintained, the boundaries of the Maintenance District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the Maintenance District. PUBLIC MEETING AND PUBLIC HEARING/PROTESTS Section 5. NOTICE IS HEREBY GIVEN THAT A PUBLIC MEETING AND A PUBLIC HEARING ARE HEREBY SCHEDULED IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, 1243 NATIONAL CITY BLVD., NATIONAL CITY, CALIFORNIA, ON THE FOLLOWING DATES AND TIMES: A. PUBLIC MEETING: JULY 31, 2001 AT 5:00 P.M. B. PUBLIC HEARING: AUGUST 7, 2001 AT 6:00 P.M. ALL INTERESTED PERSONS SHALL BE AFFORDED THE OPPORTUNITY TO HEAR AND BE HEARD. THE CITY COUNCIL SHALL CONSIDER ALL ORAL STATEMENTS AND ALL WRI'1'1'JN PROTESTS OR COMMUNICATIONS MADE OR FILED BY ANY INTERESTED PERSONS. PASSED and ADOPTED this 17th day of July, 2001. George H. Waters, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City,C'lerk George H. iser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT ..4EETING DATE July 17, 2001 AGENDA ITEM NO. 15 ITEM TITLE WARRANT REGISTER # 50 PREPARED BY T. Limfueco 4 EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #50 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: Finance Director Account No. STAFF RECOMMENDATION I recommend ratirication of these warrants for a total of $1,307,502.24 BOARD / C MMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Warrant Register #50 2. Workers' Comp Warrant Registers dated 6/13/01 3. Payroll dated 6/20/01 // j-/7o S/il Resolution No. A-200 (9+99) 4 City of National City, California COUNCIL AGENDA STATEMENT . iEETING DATE July 17, 2001 AGENDA ITEM NO. 16 ITEM TITLE WARRANT REGISTER #51 PREPARED BY T. Limfueco DEPARTMENT Finance EXPLANATION Ratification of Warrant Register #51 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: inance Direc Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $232,343.23 BOARD / COMMISSIONy,RECO�+IMENDATIO / ATTACHMENTS ( Listed Below ) 1. Warrant Register #51 2. Workers' Comp Warrant Registers dated 6/20/01 & 6/27/01 Resolution No. A-200 (9!99) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 17, 2001 AGENDA ITEM NO. 17 ITEM TITLE WARRANT REGISTER #01 PREPARED BY T. Limfueco EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #01 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: Fiii d'ce Director Account No. STAFF RECOMMENDATION I recommend ratirication of these warrants for a total of $1,131,903.39 BOARD / COMMISSION RECO ENDATION. ATTACHMENTS (Listed Below ) 1. Warrant Register #01 2. Payroll dated 7/3/01 Resolution No. A-200 (9;99) City of National City, California COUNCIL AGENDA STATEMENT ...EETING DATE July 17,2001 AGENDA ITEM NO. 18 ITEM TITLE WARRANT REGISTER #02 PREPARED BY C. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #02 per Government Section Code 37208. 1 Environmental Review N/A Financial Statement Not applicable STAFF RECOMMENDATION Approved By: nan Account No. I recommend ratification of these warrants for a total of $ 416,305.67 BOARD / COMMISSION R COMMENDATION ATTACHMENTS j Listed Below) Resolution No. 1. Warrant Register #02 A-200 (9.99) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 17, 2001 AGENDA ITEM NO. 19 ITEM TITLE CLAIM FOR DAMAGES: Judy Sacay PREPARED BY Michael R. Dalla, CMCC PARTMENT City Clerk EXPLANATION The claim of Judy Sacay arises from an occurrence on March 16, 2001 and was filed with the City Clerk's Office on May 24, 2001 Environmental Review XX N/A Financial Statement N/A STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Lister] Below ) N/A A-200 (9/80) Account No. Resolution No. MEETING DATE July 17, 2001 ITEM TITLE City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 20 CLAIM FOR DAMAGES: Sondrea Dorita Jones PREPARED BY Michael R. Dalla, CMG PREPARED City Clerk EXPLANATION The claim of Sondrea Dorita Jones arises from an occurrence on May 1, 2001 and was filed with the City Clerk's Office on May 29, 2001 Environmental Review X_ N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) N/A Resolution No. A-200 (9/80) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 17, 2001 AGENDA ITEM NO. 21 L ITEM TITLE CLAIM FOR DAMAGES: Michael Paris PREPARED BY Michael R. Dalla, CM DEPARTMENT City Clerk EXPLANATION The claim of Michael Paris arises from an occurrence on June 7, 2001 and was filed with the City Clerk's Office on June 21, 2001 . Environmental Review XX N/A Financial Statement N/A >STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BR/#RD / COMMISSION RECOMMENDATION Account No. ATTACHMENTS ( Listed Below ) N/A Resolution No. A-200 (9/80) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 17, 2001 AGENDA ITEM NO. 22 ITEM TITLE CLAIM FOR DAMAGES: Abraham Gonzalez de la Torre PREPARED BY Michael R. Dalla, CMCb" ARTMENT City Clerk EXPLANATION The claim of Abraham Gonzalez de la Torre arises from an occurrence on June 6, 2001 and was filed with the City Clerk's Office on June 11, 2001. Environmental Review XX N/A Financial Statement N/A STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Liste4 Below ) N/A Account No. Resolution No. A-200 (9/80) MEETING DATE July 17, 2001 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 23 (-ITEM TITLE CLAIM FOR DAMAGES: Roman Enedina PREPARED BY Michael R. Dalla, CMC DEPARTMENT City Clerk EXPLANATION The claim of Roman Enedina arises from an occurrence on January 2, 2001 and was filed with the City Clerk's Office on May 21, 2001 Environmental Review XX N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BQARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) N/A Resolution No. A-200 (9/80) MEETING DATE July 17, 2001 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 24 (ITEM TITLE PREPARED BY EXPLANATION RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SECTION 108 LOAN FUNDING APPROVAL/AGREEMENT WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND ISSUE A REQUEST FOR PROPOSAL (RFP) FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR DESIGN OF THE NEW MAIN FIRE STATION PROJECT DEPARTMENT Paul Desrochers i 1 CDC Executive Director The City has received official word from HUD that the Section 108 Loan has been approved. Executing the Funding Approval/Agreement is the first step in securing the proposed $6.9 million loan from HUD, but presents no obligation to accept the loan at this time. Final 108 loan documents and notes will be brought forward to the City Council in three to four months, most likely in conjunction with the proposed hiring of an architect for the project after the RFQ process is completed by Engineering Department staff. The proposed repayment source for the 108 loan is CDBG. Twenty annual payments in the amount of approximately $660,000 will be required. Draw -down of funds must take place within twelve (12) months of signing the contract. A graph showing the amount of CDBG funding for the city over the past ten years is provided for reference. (-Environmental Review WA CDC staff is in the process of completing an environmental review for the fire station project per National Environment Protection Act (NEPA) Guidelines. City staff is also completing a similar review under Financial *tatement Quality Act (CEQA) Guidelines. Account No. STAFF RECOMMENDATION Approve above -subject resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Funding Approval/Agreement Resolution No. 2001-107 A-200 (9/80) RESOLUTION NO. 2001- 107 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE A SECTION 108 LOAN FUNDING APPROVAL/AGREEMENT WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR THE DESIGN OF THE NEW MAIN FIRE STATION PROJECT WHEREAS, the Department of Hosing and Urban Development (HUD) has notified the City that the proposed $6.9 Million Section 108 loan for the New Main Fire Station Project has been approved, subject to the execution of a Funding/Approval Agreement; and WHEREAS, final loan documents will be submitted to the City Council in approximately three to four months; and WHEREAS, a Request for Proposals process for the retention of architectural and engineering services for the Project is currently being undertaken by the Engineering Department, with the expectation that the City will be in a position to retain such services in three to four months. NOW, THEREFORE, BE IT RESOLVED by the City. Council of the City of National City that the City Manager is hereby authorized to execute a Section 108 Loan Funding Approval/Agreement with the Department of Hosing and Urban Development for the New Main Fire Station Project. BE IT FURTHER RESOLVED that the City Manger is hereby authorized to issue a Request for Proposals for architectural and engineering services for said Project. PASSED and ADOPTED this 17th day of July, 2001 ATTEST: Michael R. Dalla, City Clerk George H. Waters, Mayor APPROVED AS TO FORM: gr..: a, George H. Eiser, III City Attorney U.S. Department of Housing and Urban Development Washington, D.C. 20410-7000 ..FFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPMENT The Honorable George Waters Mayor of National City National City, CA 91950 Dear Mayor Waters: GER 01 JUL -9 PM 4: 36 RECEIVED �l0i=A,L CITY JU ls2001 Community Development Commission Please be informed that the City of National City's (hereafter the "City") request for loan guarantee assistance under Se-ction 108 of the Housing and Community Development Act of 1974, as amended, has been approved. Such assistance is to consist of the guarantee of notes or other obligations in the principal amount of $6,900,000, plus interest thereon, which shall be issued to finance activities described in the application,B-00-MC-06-0560, the National City Fire Station Project. This offer of commitment ("Commitment") is subject, however, to the conditions specified in Item 8 of the Funding Approval (Form HUI).-7082) . The first condition provides that in the event the City fails to submit notes or other obligations for inspection and guarantee by the Secretary of the Department of Housing and Urban Development (HUD) before May 31, 2002, the Commitment will expire as of such date. The second condition provides that the repayment schedule for the guaranteed loan must be acceptable to HUD. The third condition provides that the City shall provide additionalsecurity for the guaranteed loan and such additional security must be acceptable to HUD. The additional security shall be identified in the Contract for Loan Guarantee Assistance ("Contract."), specified by 24 CFR §570.705(b)(1), which will be executed at the time the guaranteed obligations are issued. The City's application and supporting material identifies the following additional security for this commitment: (1) a first priority deed of trust on the fire facility property and a security interest in equipment. 2 Please note, however, that property offered as security shall be subject to loan to value ratios to be identified in the Contract and the value of real property shall be supported by an appraisal acceptable to HUD. HUD reserves the right to require further security pending valuation of the offered security items and the City may substitute other security for the above mentioned items pending HUD's approval of such substitution. The fourth condition provides that prior to submitting notes or other obligations for inspection and guarantee by HUD, the City shall submit information required under Section 102(b) of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3531). This information shall be submitted to HUD's Los Angeles Area Office. A copy of Form HUD-2880 is enclosed for this purpose. Please furnish us, at the address specified in the last paragraph of this letter, your timetable for execution of the activities described in your application. These activities will be financed through a public offering of Section 108 obligations. If you need funds prior to the next public offering, please notify HUD at the address below and instructions for obtaining interim financing will be provided. In addition to the special conditions cited above, the release of funds for the project to be carried out with loan guarantee assistance is conditioned upon compliance by the County with all applicable provisions of the HUD Environmental Review Procedures (24 CFR Part 58). In this regard, a request for release of funds must be approved by HUD prior to the obligation or utilization of funds for the project. Please execute the three enclosed copies of the Funding Approval and return two copies to the Department of Housing and Urban Development, Office of Economic Development and Empowerment Service, Financial Management Division, Room 7180, 451 Seventh Street, S.W., Washington, D. C. 20410. One copy should be retained for your files, and one photocopy shall be sent to HUD's Los Angeles Area Office. The Funding Approval amends the Grant Agreement authorized by HUD on June 27, 2000, under the Funding Approval grant number B-00-MC-06-0560 to include loan guarantee assistance. The Grant Agreement thereby incorporates this Funding Approval, the loan guarantee application, and Subpart M of the block grant regulations governing loan guarantees, as well as such agreements, schedules, and other documentation required to be submitted or executed in connection therewith. If you have any questions regarding this letter, please contact Paul Webster, Director, Financial Management Division, at (202) 708-1871. Sincerely, Donna M. Abbenante Acting General Deputy Assistant Secretary Enclosures Funding Approval/Agreement Title I of the Housing and Community Development Act (Public Law 930383) HI-00515R of 20515R 1. t d Grantee (as shown in item 5 of Standard Form 424) NA i IONAL CITY, CALIFORNIA 2. Grantee's Complete Address (as shown in item 5 of Standard Form 424) 140 EAST 12TH STREET NATIONAL CITY, CA 91950 U.S. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program 3. Grantee's 9-digit Tax ID Number 4. Date use of funds may begin (mmlddly.w) 5a.Project/Grant No. 1 B-00-MC-06-0560 6a.Amount Approved 5b.Project/Grant No. 2 6b.Amount Approved 5c.Project/Grant No. 3 6c.Amount Approved Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title I of the Housing and Community Developmen Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title I assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions, constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre -agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in thespecialconditions to the -Funding Approval. The -Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub -recipient entities to which it makes funding assistance hereunder available. U.S. Department of Housing and Urban Development (By Name) DONNA M. ABBENANTE Grantee Name NATIONAL CITY Title Acting Gen. Deputy Asst. Secretary for Community Planning and Development Title Signatur ///��� � sw � Date (�� ) Signature Date (mm/dd/yyyy) /4 7. ory of Title I Assistance for this Funding Action (check only one) " Entitlement, Sec 106(b) L State -Administered, Sec 106(d)(1) i c. HUD -Administered Small Cities, Sec 106(d)(2)(B) 1,—.1 d. Indian CDBG Programs, Sec 106(a)(1) e. Surplus Urban Renewal Funds, Sec 112(b) f. Special Purpose Grants, Sec 107 n g. Loan Guarantee, Sec 108 8. Special Conditions (check one) . n None X Attached 9a. Date HUD Received Submission (mm/dd/yyyy) - to. check one n a. Orig. Funding Approval b. Amendment Amendment Number 9b. Date Grantee Notified (mm/dd/yyyy) 9c. Date of Start of Program Year (mm/dd/yyyy) 11. Amount of Community Development Block Grant FY (yyyy) FY (yyyy) FY (yyyy) a. FundReserved for this Grantee b. Funds now being Approved c. Reservation to be Cancelled (11a minus 11b) 12a. Amount of Loan Guarantee Commitment now being Approved 6.900,000 12b. Name and complete Address of Public Agency Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive loan guarantee assistance, and agrees to comply with the terms and conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the assistance provided it. 12c. Name of Authorized Official for Designated Public Agency Title Signature !Date (mm/dd/yyyy) I HUD Accounting use Only TAC Batch Pr ram Date Entered PAS (mm/dd/yyyy) Y A Re Area Document No. Project Number Ill lu II Y Protect Number I III IJ Project Number ill Cate Amount Effective Date Amount Amount Date Entered LOCCS (mmfdd/yyyy) Batch Number !Transaction Code Entered By I Verified By 24 CFR 570 form HUD-7082 (4/93) 8. Special Conditions. - (a) In the event the Borrower fails to submit notes or other obligations for inspection and guarantee by the Secretary of the Department of Housing and Urban Development (the Secretary) before May 31, 2002, the offer will expire as of such date. (b) The repayment schedule for the guaranteed loan must be acceptable to the Secretary. (c) The Borrower shall provide additional security for the guaranteed loan and such additional security must be acceptable to the Secretary. The additional security shall be identified in the Contract for Loan Guarantee Assistance specified by 24 CFR §570.705(b)(1) which will be executed at the time the guaranteed obligations are issued. (d) Prior to submitting notes or other obligations for inspection and guarantee by the Secretary, the Borrower shall submit information required under Section 102(b) of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3531). Such information shall be submitted to the HUD Los Angeles Area Office. Community Development Commission of the City of National City Analysis of CDBG Funding Fiscal Year 1987/88-2001/02 Fiscal Yr 1987/88 1988/89 1989/90 1990/91 1991/92 1992/93 1993/94 1994/95 1995/96 1996/97 1997/98 1998/99 1999/00 Grant Amount 947,000 897,000 933,000 887,000 991,000 1,037,000 1,237,000 1,346,000 1,535,000 1,488,000 1,465,000 1,396,000 1,405,000 2000/01 1,411,000 2001/02 1,460,000 Average Annual Increase % Increase (Decrease) (5.28%) 4.01% (4.93%) 11.72% 4.64% 19.29% 8.81% 14.04% (3.06%) (1.55%) (4.71%) 0.64% 0.43% 3.47% 3.40% 1,800,000 1,600,000 1,400,000 1,200,000 e 1,000,000 0 0 Q 800,000 600,000 400,000 200,000 �Q\ 0^ N. 0� 0 CDBG Funding Fiscal Year J ..EETING DATE 07/17/01 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 25 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROVAL OF THE 2000-2001 WEED ABATEMENT PUBLIC HEARING FINDINGS PREPARED BY Donald Condon, 60 DEPARTMENT Fire Battalion Chief EXPLANATION In accordance with National City Municipal Code, 1.36.100, the City Council shall consider the Weed Abatement Report and Account together with any objections or protests by any parties interested in same. At the conclusion of the hearing, the City Council shall by resolution either approve the Report and Account as submitted, or as modified or corrected by the City Council. In accordance with National City Municipal Code, 1.36.110, a copy of the resolution required by Section 1.36.100 shall be served on the responsible person, pursuant to the procedures set forth in Section 1.36.030, not later than fifteen days after the date of adoption of such resolution. Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION Approved By: Finance Director Account No. Adoption of City Council Resolution confirming 2000 — 2001 Weed Abatement Public Hearing Report and Account. 4ee BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Fixed Charge Special Assessments. A-200 (9.99) Resolution No. 2001-108 RESOLUTION NO. 2001— 108 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING THE COSTS OF WEED ABATEMENT FOR FY 2001/2002 WHEREAS, the Chief of the Fire Department has heretofore filed in the office of the City Clerk of National City an assessment attached hereto as Exhibit "A" for that certain weed abatement work that has been done under and pursuant to National City Ordinance No. 2081, adopted by the City Council on the 27`h day September, 1994; and WHEREAS, after the filing of said assessment the City Clerk has, as required. by said ordinance, given notice of the filing of said assessment and of the time fixed in said notice for hearing by City Council and an affidavit of posting of such notice has been made and is on file in the office of the City Clerk; and WHEREAS, at the time and place fixed in such notice, to -wit, July 17, 2001, a hearing was fully held by this City Council at which all written appeals, protests, or objections, if any, were duly presented and read, and all persons desiring to be heard thereon were heard, and this City Council gave all persons present an opportunity to be heard in respect to any matter relating to said work, to any act or determination of the Chief of the Fire Department, or to any matter relating to said work or the assessment of the proceeding therefor; and WHEREAS, all such persons desiring to be heard have been heard by this City Council and the City Council is fully informed in the premises. NOW, THEREFORE, the City Council of the City of National City does herby fmd, resolve, determine and order, as follows: That said hearing has been duly held; that each and every step of the proceeding prior to and including the hearing has been duly and regularly taken; that this City Council is satisfied with the correctness .of the assessment, the proceedings and all matters relating thereto, and all protests, objections or appeals be and the same are hereby overruled and denied and this City Council does herby confirm said proceedings and said assessment and that the City Clerk is directed to file with the County Auditor of the County of San Diego, a certified copy of this resolution. -- Signature Page to Follow -- Resolution No. 2001 - 108 Page Two PASSED and ADOPTED this 17th day of July, 2001 George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: r4 tIt.°‘ George H. Eiser, III City Attorney EXHIBIT "A" Parcel Assessment Site Address City of City Weed Abatement Program Fixed Charge Special Assessments FY 2001/2002 Owner Name Mail Address 551 570 13 00 $1,013.88 1015 E Division St National City 91950 Cazares Irma 'E 1809 Westward Ho Cir El Cajon CA 92021 551 570 14 00 $566.78 1025 E Division St National City 91950 Avila Carlos Roberto;Nora Avila;V Avila 1025 E Division St National City CA 91950 556 473 16 00 $1,815.44 827 B'Ave National City 91950 Glass Eugene Tr 1521 S 6th Ave Tucson AZ 85713 556 590 43 00 $2,418.50 1133 E Plaza Blvd National City 91950 North Plaza Trust 02-22-73 1615 Cordova St Los Angeles CA 90007 557120 42 00 $815.20 South of 635 Q National City Mathews Roberts L PO Box 880775 San Diego CA 92168 557120 43 00 $1,244.78 South of 635 Q National City Mathews Roberts L PO Box 880775 San Diego CA 92168 557 351 16 00 $3,641.82 16th and M, National City San Diego Funding 16 M St National City CA 91950 557 380 51,00 $2,161.04 12th & Grove, National City Barber Agnes I 2240 El Prado Ave Lemon Grove CA 91945 557 380 70 00 $744.46 12th St National City Walker Gareth;Bonnie C Walker 448 Blackthorne Ave El Cajon CA 92020 557 390 29 00 $1,269.04 2105 E 16Th St National City 91950 Kenan Lyle R;Keiko Kenan Mscfe Fpo Seattle WA 98760 558 200 16 00 $1,991.98 2733 E 18Th St National City 91950 Secretary Of Housing;Urban Development 2365 Northside Dr #300 San Diego CA 92108 558 210 13 00 $948.80 2837 E 18Th St National City 91950 Scales Raymond 2837 E 18Th St National City CA 91950 558 210 26 00 $1,724.58 East of 2918 16th National City Bartolome Family Trust 06-08-91 807 Idaho Ave Escondido CA 92025 560 210 08 00 $3,307.62 120 E 18Th St National City 91950 Christian Ann S 120 E 18Th St National City CA 91950 563 064 28 00 $3,343.38 S of 2423 Prospect St National City Nadal Maria C 0 5994 Teakwood Dr Greendale WI 53129 570 320 09 00 $803.50 Sweetwater Rd National City lzigzon Jacobo G 4208 Loma Paseo Bonita CA 91902 570 32018 00 $4,944.70 3226 Sweetwater Rd National City 91950 Ramajo Investments 3226 Sweetwater Rd National City CA 91950 Total Parcels: 17 Total Assessment: $32,755.50 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 17, 2001 AGENDA ITEM NO. 26 ORDINANCE AMENDING TITLE 12 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO NOISE CONTROL PREPARED BY EXPLANATION Rudolf Hradecky DEPARTMENT City AttorneyG Please see attached staff report. Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt proposed ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Staff Report with Attachments "A" through "D" Proposed ordinance. A -zoo (9;99) Resolution No. rnyr. &/14/o, AGENDA ITEM #27 7/17/01 :.. June 18, 2001 The Honorable George Waters Mayor of National City 1243 National City Blvd. National City, CA 91950 Sir: This is regarding the gate to the alley at 225 W. 9th St. I spoke to both parties and neither has any objection to reinstalling the gate. The parties involved are: Sids Carpet Barn Alan Ziman (619) 477-7000 National Iron Works Juergen Wild (619)477-1191 Everyone who needs a key to the gate will be furnished with one. Thank you for your concern in this matter. Don aune y DM Auto 225 W. 9th St. National City, CA (619)474-1581 n0 cn Ci Q February 13, 2001 The Honorable George Waters Mayor of National City 1243 National City Blvd. National City, CA 91950 Sir: As per our phone conversation as of this date, February 12, 2001, regarding the reinstallation of the gate entering the alley at 225 W. 9th St. As I stated no one has any objection to the gate, it is security for everyone, in the last 5 years with the gate up, there have been no problems. With the gate down I can see signs of illicit activities. Everyone who n4eds a key to the gate will be furnished with one. Thank you for your concern in this matter. on Mauney DM Auto 225 W. 91h St. National City, CA (619) 474-1581 CM CC= Crti nr. LQi,q101 Mayor George Waters 1243 National City Blvd. National City, CA 91950 Re: 306 E Avenue, National City, CA Dear Mayor Waters, June 18, 2001 The Hagan Family has owned the above described property in National City for over 50 years. We have also been a supporter of your activities for a considerable period of time. We would appreciate any help you can give towards repairing or replacing the worn out curbs on the west side of E Avenue between Third and Fourth Streets. This replacement would certainly enhance and improve the appearance of the neighborhood. Thank you for taking this request into your consideration. Very truly yours, /4-14-0# William H. Hagan 5387 Saxon Street San Diego, CA 92115 ry rel City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 17, 2001 AGENDA ITEM NO. 28 7ITEM TITLE REPORT ON THE SUBDIVISION OF A VACANT, 61,420 SQUARE FOOT LOT INTO NINE SINGLE-FAMILY PARCELS AT THE NORTHWEST CORNER OF E. 16TH STREET AND M AVENUE (CASE FILE NO.: S-2000-2) PREPARED By Jon Cain - Associate Plann(grepARTMENT Planning EXPLANATION In December 2000, the City Council voted to approve the subdivision of one lot into nine parcels for the development of single-family homes on the north side of E. 16th Street west of the National School District offices. A condition of approval, #31 on the attached resolution, states that a cul-de-sac must be provided at the proposed southern end of M Avenue rather than have M Avenue connect to E. 16th Street. This condition was added by the Council in response to public concerns regarding the safety of the proposed intersection. The condition states that this requirement may be waived if a traffic study indicates a cul-de-sac is not necessary or feasible. The applicant is requesting a waiver of this condition. The attached traffic study provided by the applicant recommends removing the requirement for a cul-de-sac. The study states that removing the cul-de-sac will avoid unnecessary circuitous traffic and that no adverse impacts will be created by its removal. The study further indicates that no potential sight distance or safety issues were identified as long as City design speeds and standards are followed. The attached Engineering Department comments on the project recommend that the cul-de-sac be installed. This would route traffic from the new subdivision to the intersection of 16th Street and N Avenue, which is at a better sight distance location. Environmental Review X N/A Exempt Financial Statement N/A STAFF RECOMMENDATION That the requirement for the cul-de-sac be retained. ROD BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution No. 2000-161 2. Location Map 3. Applicant's Traffic Study A-200 (9/80) Account No. Resolution No. 4. Engineering Department Comments RESOLUTION NO. 2000 — 161 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING THE SUBDIVISION OF A VACANT, 61420 SQUARE FOOT LOT INTO NINE SINGLE-FAMILY PARCELS AT THE NORTHWEST CORNER OF E. 16TH STREET AND M AVENUE. APPLICANT: FRANK AND LINNEA ARRINGTON. CASE FILE NO. S-2000-2 WHEREAS, application was made for approval of a tentative subdivision map for nine single-family parcels on a vacant, 61,420 square foot lot at the northwest corner of E. 161 Street and M Avenue on property generally described as: Parcel A: Parcel 2 of Parcel Map No. 15423, in the City of National City, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, October 24, 1988 as File/Page No. 88-542010 of Official Records. Parcel B: An easement for sewer purposes over, under, along and across the easterly 10.00 feet of Parcel 3 of Parcel Map No. 6919, in the City of National City, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, February 22, 1978 as File/Page No. 78-070791 of Official Records. WHEREAS, the Planning Commissionof the City of National City, California, considered said application at public hearing held on September 18, 2000, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council of the City of National City considered said application at a public hearing held on November 28, 2000, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the City Council considered the staff report contained in Case File No. S-2000-2 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 hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that it hereby approves the tentative subdivision map to divide one parcel into nine single-family parcels based on the following findings: Resolution No. 2000 — 161 December 12, 2000 Page Two 1. The proposed map is consistent with the National City General Plan, since the map provides for the development of nine single-family homes in a single-family residential zone; and since the General Plan encourages the opportunities for home ownership which will be created by the project. No Specific Plan has been adopted for the project area. 2. The site is physically suitable for the proposed density of development, since the 1.41-acre lot can accommodate building pads for nine homes on lots at least 5,000 square feet in size. 3. The site is physically suitable for the proposed type of development, since the property is in an existing residential neighborhood. 4. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the project is located on a disturbed site in an urban area and no unique environmental resources exist on the site. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since there will be no alterations or improvements to existing easements crossing the proposed parcels. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California. Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. Resolution No. 2000 —161 December 12, 2000 Page Three BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map for division of a vacant 61,420 square foot lot into nine single- family parcels at the northwest corner of E. 16th Street and M Avenue is hereby approved subject to the following conditions: 1. Plans must comply with the 1998 editions of the California Building Code, Mechanical Code, Plumbing Code, and Electrical Code, and the California Title 24 energy and handicapped regulations. 2. A fire hydrant shall be installed in the new portion of M Avenue. The location of the new hydrant shall be determined in consultation with the Fire Department and shall comply with all City requirements. 3. A hydrology study (100 year flood) shall be submitted for the review and approval of the City Engineer. The study shall consider the area from the project site to the closest municipal storm drain outlet. 4. A grading and drainage plan shall be submitted for review and approval by the City Engineer showing all of the proposed and existing on- and off -site improvements. The plan shall incorporate the findings of the hydrology study. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run- off to the public storm drain system from the proposed development shall be implemented with the design of the grading plan. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. A checklist for preparation of the grading and drainage plan is available at the Engineering Department. 5. Separate street improvement plans prepared by a Registered Civil Engineer showing all of the existing and proposed improvements shall be submitted for review and approval by the City Engineer. The plans shall be in accordance with City requirements. All necessary street improvements, including curbs, gutters, sidewalks, and paving shall be constructed in accordance with City standards. 6. A soils engineering report shall be submitted for review and approval by the City Engineer. The report shall address the stability of all the existing and proposed slopes on the property. It shall also address the stability of the building pads, the criteria for new retaining wall design, the maximum allowable soil bearing pressure, and the required pavement structural sections for the proposed streets, parking areas, and driveways. The street pavement sections shall be in accordance with Regional Standard Drawing G-24 with National City modifications. Resolution No. 2000 — 161 December 12, 2000 Page Four 7. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be six inches in size with a clean -out, unless approved otherwise. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 8. A new street light shall be installed at the corner of 16th Street and M Avenue. The street light and location shall comply with City standards and ADA requirements. The feasibility and electrical energy availability of the street light shall be verified with the Public Works Department prior to approval and installation. 9. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way and the drainage construction on private property. 10. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, and landscaping work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. 11. All surface run-off, including landscaping adjoining the public right-of-way, shall be collected by approved drainage facilities, and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 12. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way, and shall adjust the sprinkler heads so as to prevent overspray upon the public sidewalk or streets. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner, its successors or assigns shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 13. The existing 36-inch CMP storm drain crossing diagonally on M Avenue shall be upgraded to comply with Engineering Department requirements. The grading and drainage plan shall show the construction of all new required drainage facilities, including the installation of a minimum 36-inch RCP storm drain in M Avenue with drainage inlets to convey the drainage northerly from 16th Street. Resolution No. 2000 —161 December 12, 2000 Page Five 14. A final map is required. The final map shall meet all of the requirements of the Subdivision Map Act and the National City Municipal Codes including certification, acknowledgment, complete boundary information and monumentation. 15. The subdivider shall submit an approval letter from Sweetwater Authority stating that fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 16. Separate water and sewer laterals shall be provided to each lot. 17. The developer shall bond for the monumentation, the public improvements and the on - site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 18. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 19. The final map shall be recorded prior to issuance of any building permit. 20. All new property line survey monuments shall be set on private property, unless otherwise approved. 21. The final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 22. The property shall be annexed into Community Facilities District no. 10 prior to the issuance of building permits. 23. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by Section 66452.6 (e) of the California Government Code. 24. A detailed landscape and irrigation plan prepared by a California registered Landscape Architect, including plant types, method of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. Resolution No. 2000 — 161 December 12, 2000 Page Six 25. Each lot shall have a minimum lot area of 5,000 square feet and a minimum of fifty feet of street frontage. The final map shall be in substantial conformance with the tentative map depicted in Exhibit A, case file no. S-2000-2, dated May 4, 2000. Landscaping in the public right-of-way shall be installed in conjunction with the installation of public improvements in accordance with Exhibit C-Revised, case file no. S-2000-2, dated July 11, 2000, and as further specified in the landscape plan pursuant to condition no. 24. 26. Buildings shall be in substantial conformance with those depicted in Exhibit B, case file no. S-2000-2, dated May 4, 2000. 27. Homes shall have doors opening into the rear yard to encourage the use and maintenance of rear yard areas. 28. Minimum 30-year shingles shall be used for roofing. 29. Final building design plans shall be submitted for Planning Commission review prior to issuance of building permits. 30. Prior to approval of the final map, the subdivider shall submit evidence to the satisfaction of the Planning D'neetor 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 the Tentative Map, particularly conditions 26, 27, 28 and 29 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. 31. The tentative map shall be modified to show the new section of M Avenue intersecting 14th Street only and not 16th Street. A cul-de-sac shall be provided at the southern end of M Avenue near 1611 Street. If a traffic study indicates that this requirement is not necessary or feasible, the Council may waive this condition. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. -- Signature Page to Follow -- Resolution No. 2000 — 161 December 12, 2000 Page Seven PASSED and ADOPTED this 12th day of December, 2000. .J�i l Az h. 'S George Ii. aters, Mayor AI TEST: A Michael R. Dalla, ity Clerk APPROVED AS TO FORM: City Attorney 13049 1334 /344 ..a1404S 1434 • 1464E un» 1335 /345 In,, /324 ilk' 14th 8/549 i ale IC 1400 /513 160.m i3o4i 14 y Re 13S-2 1324 3 SOY. 4 /334 6 se 1 5/4or RS-3-PD t+ 16 IS 14 13 '13 11 { ,� a ng 144E $ 3 hZ i r l.- 3 4t9I ler Al I5th STI ta30 I WA BM /503 10 M 1 b b It N MAr:3 R5 S-2 _ 3 4 5 6 7 6 1 632 -A ..11W111 C1110116.1111NIL'Iliallik..E.i 6t": 111"1"WINST RE ETwwiwyk s11o. 00 DO >s O I O I /600� . /603 r. /675 /620 /6/6 /624 '6. RS-3-PD /64/ /639 /640 /T20 alP.1...q PROJECT LOCATION 11 Ik15 015 51 ZONING BOUNDARIES O. OPOONO DRN. DATE: SCALE: 8/16/00 1" 200' LOCATION MAP NORTH INITIAL Northwest corner of 16th Street and M Ave, S-2000-2 HEARING: NATIONAL CITY PLANNING 9/18/00 URBAN SYSTEMS ASSOCIATES, INC. PLANNING & TRAFFIC ENGINEERING, MARKETING S PROJECT SUPPORT CONSULTANTS TO INDUSTRY AND GOVERNMENT June 7, 2001 Mr. Jim Algert Algert Engineering, Inc. 428 Broadway Chula Vista, CA 91910 Dear Mr Algert: Phone: (619) 420-7090 Fax: (619) 420-9139 Recently you asked our firm to evaluate a condition of approval for your nine lot subdivision on "M" Avenue between 14th Street and 16t" Street. Morespecifically, your subdivision was approved by the National City Council, see Attachment 1, Resolution #2000-161, December 12, 2000, Condition #31 states: "The tentative map shall be modified to show the new section of "M" Avenue intersecting 14t" Street only and not 16th Street. A cul-de-sac shall be provided a the southern end of "M" Avenue near 16th Street. If a traffic study indicates that this requirement is not necessary or feasible, the council may waive this condition." This traffic study is intended to specifically address the need for a cul-de-sac. Attachment 2 shows the project location and streets surrounding the project. Traffic generation for the proposed project is 90 average daily trips based on SANDAG's trip generation rate of 10 trips per day per lot. PM peak trips for the project would be 9 trips total with 6 trips in and 3 trips out based on SANDAG rates. Attachment 3 shows the expected effect for the PM peak traffic distribution with and without a cul-de-sac. As shown, removing the cul-de-sac would eliminate circuitous travel on "N" Street by providing a direct connection to 16th Street.. The volumes are very small during the PM peak, i.e. two trips, therefore a cul-de-sac has almost no impact on the distribution of traffic. Removal of the cul- de-sac condition is recommended because unnecessary circuitous travel is eliminated. Next, we examined the cul-de-sac impacts on street capacity, Attachment 4 shows existing traffic flows for all streets in the area. Where no volumes are shown, the daily traffic volume is less than 1,000. As shown on the flow map, traffic on 16th Street is about 5,000 daily trips. The project would add fewer than ninety (90) daily and nine (9) PM peak hour trips even if 100 percent of traffic were assumed to use 16t" Street. The capacity of 16th Street as a 2-lane collector is estimated to be about 7,500 ADT. Since 16th Street and all other streets are operating below capacity removing the cul-de-sac would have virtually no effect on traffic flows. From a capacity perspective, removing the cul-de-sac would not result in significant adverse capacity impacts on nearby streets. #000401 Page C:\OFFICE_2001\401-6701-aps 4540 KEARNY VILLA ROAD, SUITE 106 • SAN DIEGO, CA 92123-1573 • (858) 560-4911 • FAX (858) 560-9734 Mr: Jim Algert June 7, 2001 Urban Systems Associates, Inc. Next, we evaluated sight distance and safety related issues. Attachment 5 shows the proposed project without a cul-de-sac and photo pages 1, 2 and 3 show the project area and streets that would be affected. Based on field visits and records review, no potential sight distance or safety issues were identified. All new facilities will be designed to meet appropriate design speeds and city street design standards. At the intersection of 14th Street and "M" Avenue, we recommend that existing fencing and gating be retained so that a short cut to the Bay Plaza Center is not created. From a safety perspective, we requested City staff review of reported accidents for the Year 2000 and 2001. The segments reviewed were 16th Street from "L" Avenue to "N" Avenue and the intersections evaluated were: 1. 16th Street at "L" Avenue 2. 16th Street at "M" Avenue 3. 1.6t" Street at "N" Avenue No reported accidents have occurredduring the period reviewed. Therefore, based on a combination of our field observations and City records, we determined that there is no current safety problem which exists or would occur as the result of implementing the proposed project. In summary, we found no reason to not connect "M" Avenue between 16th Street and 14th Street. A cul-de-sac would create minor impacts on "N" Avenue adjacent to the school district offices. By removing the cul-de-sac, both residences and the school district are more directly served and unnecessary circuitous travel is avoided. We also found, based on both records review and field. observations, no safety problems. Therefore, we conclude that no adverse impacts are created by removing the cul-de-sac. We recommend removal of Condition. #31 by the City Council. Thank you for the opportunity to assist you in evaluating the need for a "M" Avenue cul-de- sac. Please let us know if you have any questions or you need any other information. Andrew P. Schlaefli Attachments: 5 #000401 Page 2 C:\OFFICE_2001\401-6701-aps ATTACHMENT 1 Condition of Approval Resolution No. 2000 — 161 December 12. 2000 Page Sic 25_ Each lot shall have a minimum lot area of 5,000 square feet and a min' of My feet of street frontage. The final trap shall be in substantial conformance with the tentative map depicted in Exhibit A, case fife no. S-2000-2, dated May 4, 2000. Landscaping in the public tight -of -way shall be installed in conjunction with the ins atiasion of public improvements in accordance with PAM C-Revised, case file no. S-2000-2, dated July 11. 2000, and as thither specified in the landscape plan pursuant to conddronno. 24. 26. Buildings shall be in substantial conformance with those depicted in E,drbit B, case file no, S-2000.2, dated May 4, 2000. 27. Homes shall have doors opening into the rear yard to encourage the use and maintenance of rear yard areas. 28. Minimum 30-year shingles shall be used Air roofing. 29. Final building design plans shall be submitted for Planning Commission review prior to issuance of building permits. 30. Prior to approval of the final map, the subdivider shall submit evidence to the satisfaction of the Planing 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 the Tentative Map, particularly eeednions 26, 27, 21. and 29 are biiading. on as present or tau tc interest holders or estate holders of the property. The Notice of Restriction shell be approved as to form by the City Attorney and signed by the Phoning Director prior to ran. 31 The: tentative map shalt be modified to show the new section of M at the south= ad of I hi only and mat 16e Strait A abide -sac shalt be provided Avenue near le' Street. Ira traffic study indicates that this requirement is not mcessary or foa the, the Council may waive this condition. RE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVE!) that this Resolution shall become effective and final on the day following the Citjr Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section i094.6. - Signature Page to Follow -- CD—K 0401—ATT--1.dwg ATTACHMENT 2 Project Location LEGEND XXXXX = Road Hump ® Traffic Signal I. = stop sign W—K 0401—ATi--2dwq ATTACHMENT 3 Project Only PM Peak Hour Traffic (6 In / 3 Out) With and Without Cul-De-Sac (80% to and from I 805 / Plaza Blvd. and 20% to the west) 1-805 Without Cul-De-Sac With Cul-De-Sac CD—K 0401—ATT-3.dwg ATTACHMENT 4 Existing Average Daily Traffic Volumes SOURCE 2000 AVERAGE WEEKDAY TRAFFIC VOLUMES SAN DIEGO METROPLITAN AREA PREPARED BY SAN DIEGO ASSOCIATION OF GOVERNMENTS CA—K 0401 —ATT-4.d wg T ATTACHMENT 5 Proposed Project I \N 4 1 YY \ `, za, ,�`` .""1�,1 J. ice► 1' 1.•Se 13' 5.00 I ?P`�'ti� —� —L r • yY �i i 1t _.f z harr 8 14TH . STREET I • aIim gyp. r�r rt‘ —d/'1111t F1i �11l11�nlii�`'' yew aresa44wrrr s , r. SuM.- OrarwaarMOON rameetrA014410 / - .aeltAlar. • 'B•' U CF OC EX awe s OUTDO 161H .._.EET �+o,as! , Le tor' Gar 3• EY CD—K 0401 —ATT- 5.dwg PHOTO PAGE 1 Looking West on 16th Street - "M" Avenue (Project) on Right Looking East on 16th Street - "M" Avenue (Project) on Left CD-K 5500-PP-1 174 PHOTO PAGE 2 Looking North on M Avenue From 16th Street Looking South on M Avenue From 14th Street CD-K 5500-PP-2 PHOTO PAGE 3 Looking West on 14th Street to M Avenue M Avenue at 14th Street Looking West CD-K 5500-PP-3 ,--., City of National City y" Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax (619) 336-4397 July 5, 2001 To: Jon Cain, Associate Planner From: Adam Landa, Assistant Engineer 011,,d Via: Burton Myers, Public Works Director/Ci / r Subject: Traffic Study for 16th Street and "M" ;r enue Subdivision In response to your memo dated April 25, 2001, the traffic study prepared by Urban Systems Association Inc. for the 16th Street and "M" Avenue Subdivision has been reviewed by the Engineering Department. It is our understanding that there wjuld be a minimal impact to the safety of residents entering 16th Street from "M' Avenue. According to Attachment "3" of the Traffic Engineer's study, there will be a minor (20%) amount of vehicles making a left-hand turn onto 16th Street from "M" Avenue and also from 16th Street onto "M" Avenue. It also states that 80% of the vehicle trips from the subdivision will be traveling west to the 1-805 freeway and will be utilizing 14th Street. If the cul-de-sac is constructed, the traffic would be forced to use "N" Avenue and 16th Street, thus shifting the traffic from "M" Avenue and 16th Street. Accident records were checked and no accidents were found. However, the location of the intersection of "N" Avenue and 16th Street is at a better sight distance location than the "M" Avenue location. Therefore, since there does not appear to be any advantage to either location per the Traffic Engineer's report, it is recommended that the cul-de-sac be installed, and that "N" Avenue at 16th Street be the access point to the new subdivision. If you have any questions, please call me at extension 4394. AL/mla Recycled Paper July 17, 2001 MEETING DATE City of National City, California COUNCIL. AGENDA STATEMENT AGENDA ITEM NO. 29 /ITEM TITLE NOTICE OF DECISION — CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT \ PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY ON THE EAST SIDE OF TIDELANDS AVENUE BETWEEN CIVIC CENTER DRIVE AND 19TH STREET (APPLICANT: NEXTEL COMMUNICATIONS) (CASE FILE NO. CUP-2000-31/CDP-2000-6) PREPARED BT DEPARTMENT Charley Planning n EXPLANATION Nextel's proposed wireless communications facility includes 12 panel antennas on a 40- foot tall monopalm and a 10.5-foot tall, 200 square foot equipment building within a 1,200 square foot fenced lease area. The facility will be built on the northern part of a vacant, 470-foot long, approximately 25-50 foot deep parcel adjoining Tidelands Avenue, northwest of the Tidelands Industrial Park, in the Medium Manufacturing -Coastal Zone (MM-CZ). In response to staff concerns regarding Nextel's original proposal for a simple pole antenna structure, the applicant proposed the monopalm, as well as the planting of five 30-foot tall palms just beyond the fenced area. In addition, redwood slats will be inserted into the proposed 6-foot tall fencing, and the building will be painted to match a nearby industrial building to the east. The proposal complies with Land Use Code and Local Coastal Plan development standards. No Variances are needed. There was no testimony in opposition to the project at the Planning Commission public hearing. The Commission discussed possible conflicts between the project and the proposed marina and other nearby City and Port improvement projects. The Commission approved the project with all staff recommended conditions, which include a requirement that the entire 470-foot long parcel be landscaped. Environmental Review X N/A Financial Statement N/A Categorical Exemption 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 and Coastal Development Permit. Vote: Ayes — Unanimous ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 21-2001 2. Location Map Resolution No. A-200 (9/80) RESOLUTION NO. 21-2001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY ON THE EAST SIDE OF TIDELANDS AVENUE BETWEEN CIVIC CENTER DRIVE AND 19Th STREET. APPLICANT: GLORI JAMES FOR NEXTEL COMMUNICATIONS, INC. CASE FILE NOS. CUP-2000-31, CDP-2000-6 WHEREAS, the Planning Commission of the City of National City considered Conditional Use Permit and Coastal Development Permit applications for a wireless communications facility on the east side of Tidelands Avenue between Civic Center Drive and 19`h Street at a duly advertised public hearing held on June 4, 2001, 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. CUP-2000-31 and CDP-2000-6 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 June 4, 2001, support the following findings: FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the 15,246 square foot parcel is large enough to accommodate the monopalm and 200 square foot equipment enclosure. 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 Tidelands Avenue, a collector street, and since 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 wireless facility will be located on a vacant lot, surrounded by industrial uses and since the proposed monopaim is designed to be unnoticed by the casual observer. 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 including delivery and distribution businesses, commonly found in industrial zones. FINDINGS FOR APPROVAL OF THE COASTAL DEVELOPMENT PERMIT 1. That the granting of CDP-2000-6 is consistent with and implements the Certified Local Coastal Program, since the proposed stealth wireless facility, located on vacant property, will not prohibit coastal access or views. In addition, the proposed 40-foot monopaim is well below the established height limit of 60-feet for the zone. 2. Attached conditions of approval will carry out the Certified Local Coastal Program specified in the implementing ordinance and are applicable to the granting of the Coastal Development Permit. 3. That granting of CDP-2000-6 is consistent with all other plans and ordinances of the City, since the proposed facility has been designed in accordance with Municipal Code standards, will facilitate a use conditionally permitted in the zone by the Land Use Code, and is consistent with the Combined General Plan Zoning Map designation of MM-CZ. Conditions of approval will ensure conformance with City standards foi grading and drainage improvements and building code requirements. BE IT FURTHER RESOLVED that the applications for Conditional Use Permit and Coastal Development Permit are approved subject to the following conditions: 1. This Conditional Use Permit and Coastal Development Permit authorize a wireless communications facility. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A - Revised, Case File No. CUP-2000-31/CDP-2000-6, dated March 15, 2001. 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. The deteriorated portions of the existing street improvements (approximately 20' of sidewalk) along the property frontages shall be removed and replaced. 4 A permit shall be obtained from the Engineering Department for all improvement work within the Public Right -of -Way. 5. A title report shall be submitted to the Engineering Department for a review of all existing easements (easements shall be shown on the plans) and the ownership at the property. 6. The exterior walls of the equipment enclosure shall be treated with "Graffiti Melt Coating" manufactured by Genesis Coatings, Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24-hours of its appearance. 7. 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. 8. Before this Conditional Use Permit and Coastal Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and 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 and Coastal Development Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of Conditional Use Permit and Coastal Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 9. Building plans submitted for the construction of the equipment enclosure shall specify that it will be of standard construction and not a modular building. 10. The equipment shelter, ice bridge, and GPS antennas shall be painted to match the adjacent industrial buildings to the southeast. 11. Any antennas, equipment or facilities that become obsolete shall be removed. 12. 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. Any request for extension must be applied for prior to expiration of the permit. 13. The applicant shall submit a detailed landscape and irrigation plan indicating the use of drought tolerant plant species and water conserving irrigation devices. The landscape plan shall include five 30-foot tall palm trees of a species similar to the monopaim appearance. 14. The landscape and irrigation plan shall include the entire parcel on which the wireless facility is to be located. 7 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 June 18, 2001, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: VALDERRAMA, PARRA, FLORES, UNGAB, BACA, REYNOLDS, DETZER. 1 / II i I / / I I I 1 ittf �-a MR U.S. NAVY r...... .a., 1 PROPOSED 1 MONOPALM AND ANTENNAS1 I / I / CSC MM-C , • 4 PROPOSED NEXTEL QUIPMENT SMELTER r • MT-CZ-UPD , i535 '545 Tidelands I '645 Industrial Park PROJECT LOCATION ZONE BOUNDARY MH CZ aSOM* - ,51 LOCATION MAP Tidelands Ave south of Civic Center Drive CUP-2000-31/CDP-2000-6 NATIONAL CITY PLANNING DRN. DATE: 5/15/01 INITIAL HEARING: 6/4/01 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 17, 2001 AGENDA ITEM NO. 30 ITEM TITLE NOTICE OF DECISION — ZONE VARIANCE CONCERNING EXITING REQUIREMENTS FOR A PARKING LOT AT THE NORTHEAST CORNER OF Q AVENUE AND E. 16TH STREET (APPLICANT: COPPER HILLS APARTMENTS LIMITED PARTNERSHIP) (CASE FILE NO.: S-2000-2) PREPARED BY Jon Cain - Associate Plannerd pARTMENT Planning EXPLANATION A new community building, leasing office, and associated parking lot were recently constructed for the Paseo del Sol apartments in the RM-2-PD zone. During the final inspection for the project, staff found that the parking improvements were built contrary to the approved Planned Development Permit plans and in conflict with Land Use Code requirements. The project as constructed includes a handicap lift and stairway in an area originally designated as part of the parking lot, and there is now insufficient room to provide the necessary maneuvering area in the parking lot. The applicant proposes a Variance to allow a parking lot that is designed such that vehicles need to back into the street to leave the lot. Two parking spaces are proposed, one of which is a handicap space. Both spaces would be directly at the end of a driveway from E. 16th Street. A 9'A- by 23-foot area along the east side of the driveway is proposed to allow for back-up. This design does not conform with Code, which requires a 27-foot drive aisle so that vehicles may exit a parking space with no more than one backward and one forward motion and enter the street in a forward motion. This proposal will, however, resolve a setback issue by removing pavement and providing a 5-foot wide landscape strip on the east side of the property. The Planning Commission voted to approve the project and added a condition requiring that the standard parking space, which is not required, be replaced with landscaping. Remaining would be one handicap space at the end of the driveway with an additional 18'/2- by 23-foot back-up area on its east side. There was no testimony in opposition to the project at the hearing, and the applicant agreed with all conditions of approval. Environmental Review Financial Statement N/A x N/A Exempt Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. X2CIP BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below 1 1. Planning Commission Resolution No. 22-2001 2. Location Map Resolution No. A-200 (9/80) RESOLUTION NO. 22-2001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A ZONE VARIANCE CONCERNING EXITING REQUIREMENTS FOR A PARKING LOT AT THE NORTHEAST CORNER OF Q AVENUE AND E. 16TH STREET APPLICANT: COPPER HILLS APARTMENTS LIMITED PARTNERSHIP CASE FILE NO. Z-2001-9 WHEREAS, the Planning Commission of the City of National City considered a Zone Variance application concerning exiting requirements for a parking lot at the northeast corner of Q Avenue and E. 16th Street at a duly advertised public hearing held on June 18, 2001, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. Z-2001-9 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 June 18, 2001, support the following findings: 1. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since the long narrow shape of the lot and small size relative to the majority of nearby parcels in the zone limit the area available to provide parking. 2. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since the property must comply with the approved plans and existing development on the property requires the variance. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since a parking lot accessory to an apartment complex is an allowed use in the RM- 2-PD zone. BE IT FURTHER RESOLVED that the application for Zone Variance is approved subject to the following conditions: 1. This Zone Variance authorizes a parking lot that does not comply with exiting requirements. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. Z-2001-9, dated 5/2/2001. 2. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 3. Fire access shall be maintained at all times during construction. 4. Before this Zone Variance 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 Zone Variance. 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 the Zone Variance are binding on all present or future interest holders or estate holders of the propFrty. The Notice of Restriction shall be approved as to form by the City Attorney and sigrieyl by the Planning Director prior to recordation. 5. 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. 6. The parking lot shall be reconfigured as shown on the plans so that it is no longer inside the 5-foot setback at the east property line. 7. The driveway shall be expanded to a 24-foot width as shown on the plans. 8. Plans shall be submitted for the review and approval of the Planning Director showing that the non -handicap parking space will be eliminated and replaced with landscaping. 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. CER 11rICATI:ON: This certifies that the Resolution was adopted by the Planning Commission at their meeting of July 2, 2001, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: PROJECT LOCATION EXISTING BUILDINGS ZONE BOUNDARY - - - NATIONAL CITY PLANNING DRN. DATE: 6/04/01 INITIAL HEARING: 6/18/01 ..FETING DATE City of National City, California COUNCIL AGENDA STATEMENT July 17, 2001 AGENDA ITEM NO. 31 ITEM TITLE REQUEST TO USE THE COMMUNITY CENTER FOR A BEGINNING TEACHER SUPPORT AND ASSESSMENT PROGRAM AND WAIVER OF FEES PREPARED BY Burton Myers DEPARTMENT Public Works EXPLANATION The South County Beginning Teacher Support and Assessment program is requesting to use the Community Center for a variety of dates (see attached listing). This is a program supporting beginning teachers during their first years in the profession. The National School District is an active member of this program. The group has used the Community Center in the past. The costs include all 8 dates. Costs: Building $1899.60 Custodial 815.43 Total: $2715.03 Waiver of fees is also being requested. As this is not an acceptable category of use according to the Council adopted `Rules and Regulations for the Use of the National City Community Center", Council approval is required. Environmental Review Financial Statement N/A Loss of $2715.03 if waiver of fees'.'. ro ed. STAFF RECOMMENDATIOPYFF/1 Council decision on the mus r -.u= BOARD I COMMISSION RECOMMENDATION N/A Account No. to use the Community Center and waiver of fees. ATTACHMENTS ( Listed Below) 1. Application for use of the Community Center 2. Letter from the Beginning Teacher Support and Assessment Consortium dated July 10, 2001 Resolution No. A-200 (9/80) SOUTH COUNTY BEGINNING TEACHER SUPPORT AND ASSESSMENT PROGRAM BREAKDOWN OF COMMUNITY CENTER COSTS Thursday August 23 and Friday August 24, 2001 (South Room both days) Building — $222.78 Custodial - $128.46 Total - $351.24 x 2 days = $702.48 Thursday September 20 and Friday September 21, 2001 (South Room both days) Building — $222.78 Custodial - $128.46 Total - $351.24 x 2 days = $702.48 Tuesday October 23 and Tuesday October 30, 2001 (North Room both days) Building — $281.44 Custodial - $ 67.02 Total - $348.46 x 2 days = $696.92 Wednesday November 14, 2001 (South Room) Building — $ 93.80 Custodial - $ 67.02 Total - $160.82 Monday December 3, 2001 (North Room) Building — Custodial - $351.80 $100.53 Total - $452.33 Jtil 10 20 OS:37a sbusd* Jul-O5-01 12:30P S195755830 p.2 P.01 APPLICATION FOR USE OFF THE NATIONAL CITY (I =f•t) ALL APPLICANTS: It is strongly recommended that the applicant requesting use t of the facility attend the City Council meeting, when the item is going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations." Name of Organization South County BTSA Consortium Business Address 601 Elm Avenue, Imperial Beach, CA 91932 Name of Applicant Marsha Buckley —Boyle, BTSA Director Same as above Addicss Telephone Number ( 619 ) S75-5835 (kw) ( ) 2 7 3061 (evening) Type of Function Various BTSA meetings/trainings Date Requested Please see attached list of dates/times Decorating Time (amtpm) to (am/pm) Function Time (amtpm) to (amtpm) Use of Kitchen Facility yes sx no Use Time (am/pm) to (attliPtn) Clean-up _,...,,,_ (am/pm) to (amlpm) Number of Partitilpants Will Admission toe charged? No If yes, Anauunt $ Will tins event be used as a fund raising event? No Will alcohol he served? No ABC Permit Submitted? _ .._ Certificate of Insurance attached? Copy on file w/City Special configuration of tables or chairs required? ((ryes, attach sketch) Special equipment required? (If yes, attached list) Copy of Rules & Regulations provided? yes Initial ,-- I CERTIFY THAT I HAVh. KNCtitVlD A COPY OF THE RULES & REGULATIONS FOR TILL COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. .dpptirant recognizes aryl understands that less of the City's facility may create a possessory interest sutyert to property taxation and that Applicant may Ire .suhj'ct ro the payment of property taxes levied on such interest. Applicata farther agrees tut pay any and all property taxes. if any assessed during the we of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility 1110101 ignature c pptiran, hate Jul 10 20 09:37a sbusd* 6195755830 p.3 P.02 3u1-05-01 12:3OP CITY OF NATIONAL CITY PUBLIC PROPERTY USE BOLD HARMLESS AND INDEMIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of St,000,O00 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of Insurance must be attached to this permit. ()rganiiatiun South County BTSA Consortium Person is charge of activity Marsha Buckley -Boyle, Director Address 601 E1m Avenue, imperial Bch, 919E6lephone 619-575-5835 City facilities andlor property requested National City Community Center Dates) ufuse See attached list of dates/times HOLD HARMLESS AGREEMENT The undersigned hereby agrees) to hold the City of National City harmless and indemnify the City of National City from and against all claims, demands, costs, losses, damages, injuries, litigation and liability arising out of or related to the use of public property by permittee's agents, employees or contractors. e't-) Signature of Applicant x"e4;1014.19-6-. Official Title ((((((!!!!!! [7ate Certificate of Insurance Approved by Name & Title Rev. l /2I'IN) 2 Z lb�Q1 Jutl 10 20 09:37a sbusd* 6195755830 p•4 boginning taachor BUR suppartacaasasemant 601 Elm Avenue, Imperial Beach, CA 91932 * Office: (619) 575-5835 * Fax: (619) 575-5830 July 10, 2001 City of National City ATCN: City Council 1243 National City Blvd. National City, CA 91950 Dear City Council: As director of the South County BTSA Consortium, I am requesting use of your Community Center for the BTSA (Beginning Teacher Support & Assessment) program. This is a program supporting Beginning Teachers during their first two years in the profession. Experienced teachers are paired with Beginning Teachers as peer coaches. Dr. Ellen Curtin of National School District, as an Advisor to the BTSA Consortium suggested we use your facility for these meetings. National School District is an active participant in our Consortium. South Bay Union, Coronado Unified, San Ysidro, and Lemon Grove School Districts are the other members of our Consortium. National School District currently has over 25 Beginning Teachers in our program. We hold several trainings each month. Currently, due to construction, school modernization, and after -school programs, we are no longer able to hold our trainings at school sites. As you may know, we used your facilities for several trainings in the past year. We would appreciate your consideration to allow us to use your facilities again this year on the following dates: August 23-24, September 20-21, October 23n4, October 30th, November 14th, and December 3"1. We would also like to request a waiver of fees. Thank you for your time and consideration. If you have any further questions, please feel free to contact me directly at (619) 575-5835. Sincerely, ti Marsha Buckley -Boyle BTSA Director South County Consortium Jul 10 20 09:38a sbusd* 6195?55830 p.5 4 SOUTH COUNTY STSA CONSORTIUM DATES FOR NATIONAL CITY COMMUNITY CENTER August 23-24, 2001-- COMP Training 7:00 a.m. - 4:30 p.m. Set-up for 35 people (tables and chairs) September 20-21, 2001- COMP Training 7:00 a.m. - 4:30 p.m. Set-up for 35 people (tables and chairs) October 23, 2001- Support Provider Meeting 2:30 p.m. - 6:30 p.m. Set-up for 65 people (tables and chairs) October 30, 2001- Year 2 Academy 2:30 p.m. - 6:30 p.m. Set-up for 80 people (tables and chairs) November 14, 2001 Support Provider Meeting 2:30 p.m. - 6:30 p.m. Set-up for 65 people (tables and chairs) December 3, 2001- Diversity Training 3:00 p.m - 8:00 p.m. Set-up for 150 people (tables and chairs) *Please note that we will require a screen at the front of the room for each of these days. ,dEETING DATE July 17, 2001 APPLICATION FOR A MOVED BUILDING LOCATED AT 2131 TIDELANDS — BNSF RAILROAD ITEM TITLE City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 32 PREPARED BY Kathleen Trees, Director DEPARTMENT Building & Safety EXPLANATION See attached report. CEnvironmental Review Financial Statement N/A N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the application for moving a structure onto the site at 2131 Tidelands Ave. BOARD I COMMISSION RECOMMENDATION The Advisory and Appeals Board voted 5-0 to recommend approval of the application. ATTACHMENTS ( Listed Below ) 1. Staff report 2. Advisory & Appeals Board Resolution 3. Application Resolution No., 4. Elevations, floor plan A-200 (999) STAFF REPORT On March 29, 2001, BNSF Railroad applied for a permit for a new building located at 2131 Tidelands Ave., National City. The application was denied because the proposed structure is a modular building and would be moved to the site in three sections. The National City Municipal Code Section 15.12.010 states, "...the moving into or within the city of a commercial structure, or of a residential structure which does not have historical significance as determined by the city council, ... is absolutely prohibited. This ordinance was interpreted by the Building and Safety Department to include any commercial structure moved into the city. On May 22, 2001, BNSF appealed the decision to the National City Advisory and Appeals Board. The Advisory and Appeals Board met on June 28, 2001. At their meeting they voted unanimously to recommend to the City Council that the modular building be allowed. They stated the following reasons for their decision: 1. The Board interpreted the Municipal code to be applicable to existing structures that may not comply with the current codes and have been in use at another location. These existing structures are often in disrepair and unsightly. 2. The modular building is a new structure much like one that would be built at the site. The only difference is the location of the construction. The building is built in a factory and shipped to the site. 3. The building complies with all the State codes and is certified by the State. It also complies with all local regulations. 4. It is a permanent building tied to a permanent foundation, not a temporary structure. 5. BNSF designed the foundation so the building sits at grade level and does not have any skirting around it which is usually associated with a temporary modular office building. 6. Modular construction is a legitimate form of new construction and should be considered in certain areas of the city. After the Board made its interpretation, BNSF applied for a permit to move the building onto the site at 2131 Tidelands Ave. per the procedures outlined in the National City Municipal Code Chapter 15.12. The NCMC Section 15.12.070 requires that the City Council make several findings before approving the project. These include: 1. The structure will not have an adverse affect on property values. 2. The structure will not have an adverse affect of the health, safety, welfare or morals of the community. 3. The structure will not have an adverse affect on the zoning regulations and plans of the city. 4. The proposed structure complies with the applicable zoning laws, building codes and other regulations. These regulations have been checked by the Planning, Fire, Engineering and Building and Safety Departments and it meets all requirements. 5. The structure will not contribute to blight or deterioration in the neighborhood. In addition, the City Council may impose additional conditions of approval if necessary. These include: 1. Require the applicant to post a performance bond. 2. Require the applicant to execute a covenant running with the land, which will bind the land and its successive owners to the performance of conditions imposed by the City Council. 3. Require the applicant to install private improvements on the building site, which may be necessary to preserve the health, safety, and welfare of the community. 4. Require the applicant to make aesthetic improvements to the structure. The structure is being treated as a new structure by the various Developmental Services departments and must comply with all applicable codes and regulations. The owner will not be able to occupy the structure until it meets all regulations and has passed final inspections. For these reasons, staff is not recommending that any of the additional conditions be required. RESOLUTION 2001-1 A RESOLUTION OF THE ADVISORY AND APPEALS BOARD OF THE CITY OF NATIONAL CITY RECOMMENDING THE APROVAL OF A MOVED STRUCTURE LOCATED AT 2131 TIDELANDS AVE. WHEREAS, the Advisory and Appeals Board of the City of National City at its meeting of June 28, 2001, after proper notification, conducted a hearing to consider the appeal of the decision of the Building and Safety Department not to allow the moved structure at 2131 Tidelands Ave., and WHEREAS, after review and discussion, the Board interpreted the National City Municipal Code Section 15.12.010 to apply to existing structures that may not comply with current codes and that are often in disrepair and unsightly, and WHEREAS, the modular building under consideration is a new structure much like one which would be built at the site, only it will be built in a factory and shipped to the site, and WHEREAS, the building complies with all applicable State and local regulations, and WHEREAS, tile building is a permanent structure tied to a permanent foundation, and WHEREAS, BNSF has designed the foundation so the building will be at grade level, and WHEREAS, modular construction is a legitimate form of new construction and should be considered in certain areas of the city, and WHEREAS, the Board determined that the modular building be approved and forwarded to the City Council with a recommendation for approval by the City Council. NOW, THEREFORE, BE IT RESOLVED that the Advisory and Appeals Board recommends that the modular building to be located at 2131 Tidelands Ave., National City as submitted be approved by the City Council. PASSED and ADOPTED this 28th day of June, 2001. ay Duke, Chairman ATTEST: Kathleen Trees Director of Building and Safety V AS TO FORM: Rudolf Hradecky enior Assistant City Attom 07/03/2001 09:35 61933643377 CITY OF NATIONAL CTY PAGE 04 'LICArTION TO 1VIOVB BUILDING CHAPTER 1512 NATIONAL CITY MUNICIPAL CODE BUILDING AND SAFETY DEPARTMENT Date: 1„ 1 y 10 . 7001 Applicant's Name: Address: Burlington Northern Santa Fa Ra;1w 1624 First Street NW cor Albuquerque, New Meirico 87102 phone:(505 )767-6869 Occupant's Name (if occupied): N/A Occupant notified of inspection: 0 yes 0 Zoning: 4fi5.4•. MM-CZ Planning Commission review required CI yes 0 no Planning Commission approval i 99n City Council approval (date) (dee) JOUIREMENTS FOR APPROVAL: The following plans (4 sets) drawn tojeale and a completed application must be submitted to the Building and Safety Department prior to any required hearing at the Planning Commission or City Council. 1. Site Plan (fully dimensioned) 2. Foundation Plan (fully dimensioned) 3. Floor Plan (fully dimensioned) indicating the use of all rooms 4, Four (4) Elevations 3. New accessory buildings proposed for the site 6. Location, height, type of walls, fences, retaining walls 7. 1 andacaping, existing and new, with type, sire and species 8. Planning Department may require additionalinformation/drawings 9. Grading Plan 10, Soils Report 11. Termite certificate prepared by a California licensed contractor Permits Reuuire(' Building, plumbing, electrical, mechanical and house moving. Other Fees School; sewer, park; house moving; completion bond; Engineering, Planning and Fire Plan Check. jjectrlcal/Gas/Water Service Contacts San Diego Gas and Electric Company Sweetwater Authority ( W.TioNAL Cry taiopin-AR, ovu i n LLCM I IVIV J 3/1 " 4 ALUMINUM STOREFRONT DOOR W/ SIDELIGHTS NORTH ELEVATION 3/16" = 1'_0" STUCCADO BOARD FINISH ALUMINUM WINDOWS OFFICE 19'-O'x19'-0" OFFICE 1 1'-8"x10'-O" COPIER FAX PRINTER COUNTER W/ SHELVES BELOW m 0 ENTRY STORAGE 7'-O"x 10'-O" RENTAL CUSTOMERS 44'-0" MECHANICAL/ ELECTRICAL 4'-6"x8'-O" LOCKERS UNDERCOUNTER REFRIGERATOR MICROWAVE SINK LUNCH/ VENDING 1 1'-8"xl 6'-O" \ FLOOR PLAN 3/16" = 1'-0° .I: V...• ,,,,,, 41 , 4f 11 ,T, , :-itk OrricApgtire- dp3'7 i --,' " c t City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 17, 2001 ITEM TITLE AGENDA ITEM NO. 33 TEMPORARY USE PERMIT - NATIONAL CITY CHAMBER OF COMMERCE — HERITAGE DAYS ANNUAL -3ARADE OF VINTAGE CARS AND AUTO SHOW PREPARED BY Claudia Caro, Permit Tech. DEPARTMENT Building and Safety EXPLANATION This is a request from the National City Chamber of Commerce to conduct the Annual National City Heritage Days Annual Parade of Vintage Cars and Auto Show in Kimball Park from 9:00 a.m. to 4:00 p.m., on Sunday, August 5, 2001. The Parade of Vintage Cars will form at Cleveland Avenue and 20th Street at 8:30 a.m. Led by police reserves, the cars will drive down the Mile of Cars and past some historic homes, ending at Kimball Park at 10:00 a.m. There will also be food vendors, live international entertainment, games and local vendor booths. The Chamber is requesting to use the City's P.A. system and stage. City Council Policy No. 704 limits events in the park to a minimum of 6 weeks between events. The Lions Club 4th of July event ended on July 8th leaving only 4 weeks between the events. The Fiestas Patrias event was approved for September 9 leaving only 5 weeks between these events. The Parks and Recreation Department does not have a problem with the amount of time between events, since they are established annual events. The application and the event qualify for a waiver of fees pursuant to City Council Policy No. 704. CEnvironmental Review " N/A Financial Statement Approved By: iver of all fees and waive the 6-week requirement for use of the The City has incurred in costs $345 for processing the T.U.P. through various City deparfinentRinti $304.64 for the Police Department if 1 officer is needed or $609.28 if 2 officers are needed. Account No. N/A STAFF RECOMMENDATION ; i��n Approve the Application for amporaUse Permit subject to compliance with all conditions of 1 approval and grant the request for a waReviewBOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below Resolution No. Application For A Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9.99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: National City Chamber of Commerce EVENT: Heritage Days Annual Parade of Vintage Cars and Auto Show DATE OF EVENT: Sunday, August 5, 2001 TIME OF EVENT: 9:00 a.m. to 4:00 p.m. APPROVALS: PLANNING FIRE PUBLIC WORKS FINANCE POLICE PARKS & REC. ENGINEERING CITY ATTORNEY RISK MANAGER COMMUNITY DEVELOP. YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [ x SEE CONDITIONS [ x SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: FIRE 336-4550 1. No Fire Department access is to be obstructed at any time. FINANCE 336-4330 1. A business license is required if monies are solicited, admittance charged or food, beverages or merchandise is sold. Each separate vendor must have a separate business license. 2. Vendors currently licensed by the City may operate on their existing license. If any of the vendors or organizations are registered not -for -profit there will not be a charge for their business license. 3. A list of all participating vendors (with their address, phone number and current National City business license number) is to be submitted to the Revenue and Recovery Division of the Finance Department prior to the event for verification of business license numbers. PARKS & REC. 336-4290 1. Parks & Rec. will coordinate event with other city departments if approved. 2. Reminder- 4th of July event ends on July 8', there is not 6 weeks between events as stipulated by City Council policy. ENGINEERING 336-4380 1.. Call Engineering Department at least 72 hours prior to the event for any necessary coordination with contractors in the event of a construction in the vicinity of the park. Call James at (619) 336-4380. CITY ATTORNEY 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. RISK MANAGER 336-4240 1. Minimum limits of one million dollars per occurrence of general liability insurance. 2. That the City of National City, its officials, employees, agents and volunteers be named as additional insureds on all policies. 3. Execute standard hold harmless (done). 4. One million dollars for auto liability insurance including non -owned and hired auto. COMMUNITY DEVELOPMENT 1. Consult with the manager of Morgan & Kimball Towers about parking issues & the direction and location of the speakers. 2. Secure an agreement with the manager of the Towers on the parking and speaker issues noted above (can be informal). 3. Provide posters rather than letters to residents of the Towers (letters to each individual resident aren't necessary if Chamber's efforts relative to (1) & (2) are successful. POLICE 1. I recommend the neighborhood police bus, which includes 1 officer on overtime, 2 reserve officers, 2 explorers and 2 senior volunteers. 2. If only one or no reserve officers are available then 1 regular police officer on overtime will be needed to partner with the NPT bus officer. 3. The cost will be 1 or 2 officers on overtime, hopefully just 1: 1 officer on overtime (1 x 7 hrs x $43.52 = $304.64) 2 officers on overtime (2 x 7 hrs x $43.52 = $609.28) (THE SAN DIEGO COUNTY ENVIRONMENTAL HEALTH DEPT. AND NATIONAL CITY TRANSIT HAVE BEEN NOTIFIED) a\heritge.doc Type of Event: _ Public Concert _ Fair _ Festival _ Parade _ Demonstration _ Circus Motion Picture _ Grand Opening _, Other Event Title: fVa f,`owa I e.,14-y / u+ Per . `t-. 7 e Da 7 Event Location: IC"' vvt In AI ( Fa r I Event Date(s): From Auui1 'io oAIe Ciai Total Anticipated Attendance: 1', & 'vIonth/DayNear ( Participants) (Spectators) Community Event Block Party Actual Event Hours: mam to '� am/ Setup/assembly/construction Date: 116/o P Start time: 1 a vet Please describe the scope of your setup/assembly work (specific details): Pouf a Aid Qra 2t Roo+14 s 9v,.r ac.)C- v- Av'fo St0co, S'±aie_ a-A)cl 17,11. or eav7 rtatome itr- Dismantle Date: g f .1570 1 Completion Time: am/ List any street(s) requiring closure as a result of this event. Include street name(s), day and timeclosing and day and time of reopening. aradi of V/'x/tacje. CIA rs Forms a4- ,f'ot-L 4- 0,I iie_ I a w/ct at- 3 o t1 a to e-A)d s a •f lei % // e2� 1e a`f" /6 a . yin . Alit F'ro t F' CLOS �' N17 S Nece. 'S rj c-av^ Sponsoring Organization: ?. C. eltxw log ✓ ®- & IV 44 era. For Profit X. Not -for -Profit Chief Officer of Organization (Name) Fei i `% 14-U 9 1,1 S Applicant (Name): wl e r O - ( vv\ Yvt Q �' Address: 7 6117 cfr 915.40 Daytime Phone: (t'q) 4 7 7'133Zvening Phone: (key )V76 -6 /a') Fax: (j Contact Person "on site" day of the event: Path' 7 AJAk' y p A.2 �J( lit » 3 Pager/Cellular: `7oi �l A78- 7 3 - Sh NOTE: THIS PERSON MUST BE IN AT1ANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? AYES _ NO Are admission, entry, vendor or participant fees required? > YES _ NO If YES, please explain the purpose and provide amount(s): A u eAfY' / (tee. — 50/0,, 6'C� Crag booth # '•ov Focd -?Pt oe (me "Am 0-0 / 'lrizee Aram wilt $ 17 cm Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ / S 1 o Estimated Expenses for this event. $ 6S What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Pleas provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. To Oe(ebral--e- dfat!'ONa I Ci1+'s v ecle5 0Al 5 0CA) a/assrr l Trucks C1 WL6'five_ ►t.i'6 14ir/ 9c�+`LI l,NC hide 4N11,'7 fJL'S I/. dJTa rp% C���a sl �rac I kES dlNc- !14o+oreye,Ies. vc,Aff orAl ' o rub,' , `piers oot4 Ve 4—L r / AJ/P_r RJA''!'(jAm apt r►� e AJ ' a ni AA- /i/e/tirior 2 _ YES ,. NO Does the event involve the sale or use of alcoholic beverages? YES NO Will items or services be sold at the event? If yes, please describe: Food, Cr acts X. YES — NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the directionof travel, and provide a written narrative to explain your route. tact& d X YES e NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. (< / )yl t f (.(_ ?19- 21 < In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Food Preparation areas Please describe how food will be served at the event: rood t I b SerVec l ty 1 oea f 1v0-1'01ue ,r a Ks t'S If you intend to cook food in the event area please specify the method: GAS Y ELECTRIC _ CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: C, (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) —S regviari 1 hwet :�a 'a�K res+roorus ➢ Tables and Chairs ➢ Fencing, bafflers and/or barricades ➢ Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers > Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) roz, ' 6/ Number of trash cans: 0 , Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: Vemdors Cfeada v, tk 'r areas 3 Please describe your procedures for both Crowd Control and Internal Security: VO f i'c e gi=S,er-VS _ YES ,NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Acnnssibility Plan for access at your event by individuals with disabilities: V N FAN_ K a ire. Please provide a detailed description of your PARKING plan: ?ark tN1 aroehud el,- IC 4 Please describe your plan for DISABLED PARKING: Please describe your plans to notify all residents, businesses and churches impacted by the I sir w J t b5p AOf- to Nei In bhp N O P�cj tit/ event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. X YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: t Number of Bands: Type of Music: &Dm nn m,.1 61A✓d c . 1 ro urs RYES NO Will sound amplification be used? If YES, please indicate: Start time: / (7 Ca-Thlym Finish Time 3 am/ YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am! pm Finish Time am/pm Please describe the sound equipment that will be used for your event: _ YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: — YES XNO Any signs, banners, decorations, special lighting? If YES, please describe: For Office Use Only Department Date Yes No Condition(s) of Approval Initial Specific Conditions of Approval BUILDING AID SAFETY OE RECEIVED JUN 0 E; 2001 NATIONAL CITY, CALIF. 6 TENTH AlsjNLIAL. NATIONAL .CITY SUNDAY, AUGUST 5, 2001. AUTOMOBILE HERITAGE DAY National City Chamber of Commerce 711 A Avenue National City, CA 91950-2228 HAILS TO r3UR THE CHAMBER I S T ICI , A if BULK RATE U.S. POSTAGE PAID NATIONAL CITY CA 91950 PERMIT NO. 29 1956 Mercedes-Benz 300SL Gull Wing THE NATIONAL CITY CHAMBER OF COMMERCE PRESENTS THE TENTH ANNUAL NATIONAL CITY SUNDAY, AUGUST 5, 2001 NATIONAL CITY rCELEBRATING NATIONAL CITY. GAR CAPITAL. OF SAN DIEGO CELEBRATING NATIONAL CITY e GAR CAPITAL OF SAN DIEGO s ; and celebrates this with a day of relax- ation in the park and enjoyment of a great collection of automobiles. This is a unique event, which brings together a wide variety of highly prized vehicles including antiques, s - classics, customs, race cars, trucks, QED bikes and motorcycles. Automobile Heritage Day is an opportunity for auto- motive enthusiasts to gain an apprecia- tion and understanding of many fine collector vehicles including those very different from the ones they are familiar with. This is a family event, open to the public. There This favorite event includes a special u r opportunity to drive your collector vehicle on the road before the show. This leisurely cruise is particularly appeal- ing if you have an antique car or truck not suitable for mod- em cruising speeds. To parade the vehicles, the entrants meet before 8:30 AM at the intersection of 20th Street and Cleveland Avenue, just west of Interstate 5. If you arrive earlier you can purchase a hearty breakfast special at Mary J's Cafe next to the starting line. The parade will start at 8:45 AM sharp and the vehicles will enter Kimball Park for the show at 9:30 AM. Those not joining the parade should go directly to the park before 9:30 AM. All vehicles must be in place by 10:00 AM in order to be judged. Awards will be presented at 3:00 PM. MOPNOTTO SCNE HMS - Ali‘, TALL PART W. 1601 St E.16MSt W.30th St. E 301h St. • PLACE: The parade starts at 20th &. Cleveland in National City, west of Interstate 5. The show is in Kimball Park at National City Blvd. and Civic Center Drive in National City. ® TIME: Parade leaves at 8:45 AM. Arrive earlier to register and line up your vehicles. Vendors must be set up in their assigned spaces by 9:00 AM. Show vehicles must be in place before 10:00 AM. (Entries after 10:00 AM risk not being judged.) Awards presented at 3:00 PM. • ENTRY FEE: Show and/or parade: $10 per vehicle advanced entry or $15 per vehicle after July 15, for both events. Parade is not mandatory. ® DEADLINES: Entries must be received by July 15 to guarantee a dash plaque and inclusion in the official entry list. Deadline for $10 entry fee is July 15. • AWARDS: All entrants before July 15 will receive a dash plaque. Three trophies per class will be awarded, plus Peoples Choice and Best of Show. • JUDGING: Entrants will be requested to display their vehicle in a specific area for each class in vehicles must be in order to speed up judging. All place by 10:00 AM in order to be judged. We will not hold up the awards for the late arrivals or vehicles outside their area. Entrants are requested to be available near their vehicles for judging. • DIRECTIONS: Show vehicles enter the west side of Kimball Park at National City Blvd. and Civic Center Drive. Vendors enter the east side of Kimball Park off D Avenue. HOW TO CLASSIFY YOUR VEHICI F For some vehicles there is more than one class possible where it fits. There are three basic groups of vehicles classes: • restored original • unrestored original • modified The judging standards will vary for each group. The entrant should request a class where the car fits the best in order to have the best chance of winning a trophy. If your car or truck has many non -original fea- tures, such as a different engine, custom wheels, or modem equipment, it will lose points with the judges if entered in a class for restored vehicles. In this case the entrant should consider requesting Class N, 0, or Q. (See Class options below on the application form.) If your car or truck is most- ;y original and has not been repainted, re -uphol- stered or re -chromed, then you will usually lose points in a restored vehicle class if it shows wear due to its age. In Class P. (SeeClass this case the entrants should consider requesting options below on the application form.) Motorcydes and Bicycles: In Classes J and R, awards will be for Best Restored, Best Custom, and Best Unrestored Original. For detailed entry and Class information call Entry Chairman: Fred Pulm at (619) 475-1155. LIVE RTAI TT & FAMILY FUN Enjoy a wide variety of music provided by local talent including school and senior groups. Delight yourself with great food from some of National City's favorite eateries including Niederfrank's Ice Cream. Take your best shot at city and public officials at our favorite dunk tank or have great fun at one of our many game booths. Arts and crafts displays will add to the enjoyment of this experience of a by -gone era of relaxation in the park! AUr MOBILE HERITAGE AYS APPLICATION FORM NAME: ADDRESS: CITY: VEHICLE (MAKE): MODEL: REQUESTED CLASS: STATE: PHONE: ZIP CODE: YEAR: CLUB: ❑ RESTORED ORIGINAL ❑ UNRESTORED ORIGINAL ❑ MODIFIED Please check the appropriate box. Please enter my vehicle in: ❑ PARADE ONLY ❑ CONCOURSE ONLY ❑ PARADE AND CONCOURSE 8:00 am: 20th St. at McKinley 9:00 am to 3:00 pm ENTRY FEE: $10.00 BY JULY 15, $15.00 AFTER (Vehicles must be in place by 10:00 am in order to befudgedfor trophies). My company/organization would like to: ❑ SPONSOR VEHICLES FOR THE CONCOURSE ❑ HOST A BOOTH AT THE CONCOURSE For detailed entry and class information please call Fred Puhn, Entry Chairman, at (619) 475-1155. Class -please check one: ❑ A. 1929 & older Restored Cars & Trucks (Except classics which go in class H) ❑ B. 1930-1949 Restored Cars (Except classics which go in class H) ❑ C. 1950-1959 Restored Cars (Except sports cars which go in classes For G) ❑ D. 1960-1966 Restored Cars (Except sports cars, which go in classes F or G) ❑ E. 1967-1976 Restored Cars (Except sports cars, which go in classes F or G) ❑ F. 1946-1976 Restored U.S. Sports Cars (2 passengercars des(nedareither sI. ezI or competition) ❑ G. 1946-1976 Restored Foreign Sports Cars (2passengercars designedfor either streetorcompettion) ❑ H. 1925-1948 Restored Classic Cars (Must be on CCCA official list) ❑ 1. 1930-1976 Restored Trucks & Tractors (Commercial vehicles including vans and tractors) ❑ J. 1976 & older Motorcycles (Awardsfnrbast restored bestunrestored originaa and best custom) ❑ K. 1976 & older Buick Rivieras (Except customs) ❑ L. Featured Marque 1930-1976 Restored Mercedes (Except classics which go in'class H) ❑ M. 1976 & older Race Cars ❑ N. 1945 & older Hot Rods, Custom Cars, & Custom Trucks ❑ 0. 1946-1976 Hot Rods, Custom Cars, & Custom Trucks (With modified external body work) ❑ P. 1976 & older unrestored Original Cars & Trucks ❑ Q. 1946-1976 Performance Modified Cars & Trucks (With stock appearing bodywork and trim) ❑ R. 1976 & older Bicycles (Awardsfar best restored best unrestored original, and best custom) T-SHIRT ORDER FORM EVENT T-SHIRTS: $8.00 EACH IN ADVANCE (Order on or before July 15) $10.00 EACH DAY OF EVENT Please indicate size and quantity: S M L OFFICE USE ONLY. DO NOT WRITE IN THIS BOX ASSIGNED ENTRY NO. CLASS AMOUNT PAID XL XXL CRAFT/GAME BOOTH APPLICATION GAME/MERCHANDISE DESCRIPTION: Please check the appropriate box. ❑ ELECTRICITY: $25.00 FEE ❑ GAME BOOTH: $20.00 FEE ❑ CRAFT BOOTH': $30.00 FEE • Merchandise limited to hand-crafted items or automotive theme crafts. Literature, models and automobile theme or Victorian clothing are also allowed. BUSINESS & COMMERCIAL BOOTH APPLICATION LICENSE OR PERMIT #: MERCHANDISE DESCRIPTION: Please check the appropriate box. ❑ ELECTRICITY: $25.00 FEE ❑ BUSINESS & COMMERCIAL BOOTH: $50.00 FEE ❑ FOOD BOOTH: $75.00 FEE Booth only, no car sponsorship/signage privileges (Must be pre -approved category; exclusivity strickly observed) ❑ TEMPORARY BUSINESS LICENSE PERMIT: $65.00 FEE (Required by all commercial vendors not in possession of NCCC City Business License) REGULATIONS: • No parking of any vehicle in the booth area. Vehicle passes are required for all Craft/Game Booth participants and will be available the morning of the event. • A price list must be posted listing all items for sale and their price. • Bring your own tables, chairs, and tarps. You'll be responsible for you own booth, display, and/or exhibits at all times. Booth set up and stocking of supplies will be done by 9 :00 A.M. The booth will operate during the hours that the event is in operation. • All beverages will only be sold at the beverage booths operated by the NCCC. • Playing of recorded music, radios or public address systems will not be permitted. • Booth locations will be assigned by the NCCC. • Control of the booths will remain with the NCCC. In the event of a dispute, the decision of thatiCPC Chairperson will be final. AGREEMENT: The following Hold Harmless Agreement Is an essential part of the rental agreement. The undersigned hereby agree(s) to hold the National City Chamber of Commerce, the City of National City, the National City Historical Society, the Mile of Cars, Pasha, Paradise Valley Hospital and all other sponsors and participants harmless, and Indemnify the above from all claims, demands, costs, losses, damages, Injuries, litigation and liability arising out of or related to the use of public property by permittee or permitee's agents, employees or contract. SIGNATURE OF APPLICANT: DATE: ORGANIZATION: TITLE: For more information contact: The Chamber of Commerce (619) 477-9339 or Margaret Puhn (619) 475-1155 Sign up deadline is JULY 15, 2001. Send your entry along with a check or money order payable 0: R • • e Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? )Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Al Ciiamitie, ems►,- Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. X \ No (Please proceed to aun 5) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? X Yes (Please provide an explanation and details. Arl-i ci 0i aAf'4-<. aark c�`j f'eNri� rn�y c7ivr At/A!ei sy1 6 e ; N 111All `D 1l%.4 r et �J No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? X Yes (Please provide an explanation and details. +cose. l,cfIn,r3 a•r±�'CtfJ 1t9t`1-4. A 9 ana iae� o't tt� eb-r . VU No (Please proceed to Question 7) 4 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Od-ed�2,---1;t1:4,4_"_) Signature City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization f 1l vtot to e-tr t4i e y-� e Person in Charge of Activity &i:' 'HA Will Address 71 J l 01vve) 1\`eif e, �aA Cl 1 Telephone 6 19 q77- 9 33 Date(s) of Use /4-047 , HOLD HARMLESS AGREEMENT The undersigned hereby agree(s) to hold the City of National City and the Parking Authority of the City of National City harmless and indemnify the City of National City and the Parking Authority of the City of National City from and against all claims, demands, costs, losses, damages, injuries, litigation and liability arising out of or related to the use of public property by permutes or permitee's agents, employees or contractors. re (? Signature of Applicant Ct t" e Official title v'-e_ Or(,ter- Date TV' € 1 For Office Use Only Certificate of Insurance Approved Date 7 AEETING DATE July 17, 2001 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 34 ITEM TITLE TEMPORARY USE PERMIT —SWEETWATER TOWN & COUNTRY MERCHANTS - SALSA & COUNTRY WESTERN DAYS c.c. PREPARED BY Claudia Caro, Permit Tech. DEPARTMENT Building and Safety EXPLANATION This is a request from the Sweetwater Town & Country Merchants Association to sponsor a 2-day event in the parking lot at 1722 Sweetwater Rd. from 11:00 a.m. to 4:00 p.m. on July 21 and 22, 2001. The free event will consist of a Salsa Day on July 21, 2001. This will include 12-15 tables being setup for a Salsa contest. A DJ with will be playing music. On July 22, 2001 will be a Western Day with a live Western Band. There will also be clowns, face painting, balloons and pony rides on both days The Association is also requesting permission to hang 4 banners at the entrance to the shopping center. A waiver of fees is requested. The event and sponsoring organization meet the criteria in City Council Policy No. 704 for a waiver of fees. CEnvironmental Review N/A Financial Statement The City has incurred $150.00 in costs in processing the T.U.P. 6t3REati8# Aib Departments. STAFF RECOMMENDATION tor Account No. Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and grant the waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application for a Temporary Use Permit with recommended approvals and Conditions of Approval. A-200 (9 99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Sweetwater Town & Country Merchants Association DATES OF ACTIVITY: Saturday & Sunday, July 21-22, 2001 LOCATION OF ACTIVITY: 1722 Sweetwater Rd Shopping Center Parking Lot TIME: 11:00 a.m. to 4:00 p.m. APPROVALS: POLICE YES [ x ] NO [ ] SEE COMMENTS[ x PLANNING YES [ x ] NO [ ] SEE COMMENTS[ ] FIRE YES [ x ] NO [ ] SEE COMMENTS[x ] FINANCE YES [ x ] NO [ ] SEE COMMENTS[x ] NOTE: HEALTH DEPT WAS NOTIFIED VIA FAX 6/19/01 CONDITIONS OF APPROVAL: FIRE (336-4550) 1. Don't block any emergency access during this event. FINANCE (336-4330) 1. A Business License is required of all vendors and businesses participating in the special event. Each separate vendor must have a separate business license. Merchants licensed for the site can operate on their current license. Type of Event: _ Festival _ Community Event � _ Public Concert _ Fair —Other B'/ "' �✓ _ Parade — Demonstration Circus SW( — Motion Picture — Grand Opening ha 6)0 Event Title: Event Location: M -r O(J nk CA ` rk. ' JP.�Center er Event Date(s): From 7-- a2I to I 22- otal Anticipated Attendance: P ,!12, ( at ) rs) Month/Day/Year Actual Event Hours: pm to 4 Setup/assembly/construction Date c 2 tart time: LLaaptd Q s ecific details):!��p-e. Please descnbe the scope of your setup/assembly work (p oP for The VoVkaw tea ys, - t C o�C�1�v 4 c�� t tie, c�e �, Dismantle Date: ✓ot � )1 Completion lime: am/pm List any street(s) requiring closure as.a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: Chief Officer of Organization (Name) Applicant (Name):~� / Address: d 02 aZaHaik6 Y�(� J G� K C4-ai L i5-0 Daytime Phone:(bL-/)�'641-1 Evening Phone . 6 Fax: ( Contact Person "on site" day of the event: Nlf� Pager/Cellular: NOTE: THIS PERSON MUST BE IN ATF'IDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CI% tpFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? /\YES _ NO Are admission, entry, vendor or participant fees required? YES NO If YES ��',,please explain the pu 7 and provide amounts $ s'C/ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ r� 6 Estimated Expenses for this event. $ +f5O What is the projected amount of revenue that the Nonprofit Organization will receive as a ult of this went? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information a fh ft)sete4a f_dek ,,,4* )2y (ali air))4J' 1-05eNtovAbuyd Weiihgaite- 2 YES NO Does the event involve the sale or use of alcoholic beverages? YES NO Will items or services be sold at the event? If yes, please describe: _ YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. _ YES ?O Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas > Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL _ OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public /during the event) */ gables and Chairs Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers > pther related event components not covered above V Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: ribe your plan for clean-up and removal of waste and garbage during and after the event: , ////21.0....„:_kyleza-uLQ) 7 Please describe your procedures for both Crowd Control and Internal Security: Olt CCr _ YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES O Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: 'I indicate ngement you have Tade f providing Ft Aid Staffing and uipment. Kti Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: 4 Please describe your D B D PA KING: Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages:/�( Number�'of Bands: Type of Music&bT buc/�Lc,jj` 4 �1 W ?YES _ NO Will sound amplification be used? If YES, please indicate: i Start time: I tI1.00 (j)'pm Finish Time t 2 i00 in )(YES _ NO Will sound checks be conducted prior to the event? If YES, please in. irate: Start time: 16i30 ar 'pm Finish Time I I d00 t i l 3o Z r�1 12'•cc.) Please describe the sound equipment that will be used for your event: ozantftif;Kyls. ,o-t_ bz.-4-`60t6ttryyte —YES CIO Fireworks, rockets, or o ir pyrotechnics? If YES, please describe: e '(YES NO Any signs, banners, decorations, special lighting? If YES, please describe 4 6_f� 5 For Office use OnCy Department Date Yes No Condition(s) of Approval Initial Specific Conditions of Approval BUILDING AND SAFETY DES I. RECEIVED JUN 1 9 2801 NATIONAL CITY, CALIF. 6 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsor' g organization detG i,07/4 Type of Organization 7Lit6j dQ4/Ui-!L CJ!/ 1 ` !x i (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. /o/161 4No (Please proceed to Que" on 5) .8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. 7No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Plee proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: 2cNo (P lease sign the form and submit it with the TUP Application) / Signature (\ Date 9 MEETING DATE CEnvironmental Review City of National City, California COUNCIL AGENDA STATEMENT July 17, 2001 AGENDA ITEM NO. 35 ITEM TITLE PREPARED BY EXPLANATION TEMPORARY USE PERMIT — ST. MARY'S CATHOLIC CHURCH- ANNUAL FALL FESTIVAL/FUND RAISING �'�DEPARTMENT Claudia Caro, Permit Tech. Building and Safety This is a request from the St Mary's Catholic Church to conduct their annual fall festival and fund-raising event on the Parish grounds located at 8th St. & E Ave from 7:30 a.m. to 7:00 p.m. on Sunday, October 7, 2001. There will be a total of 20 assorted booths that will consist of food booths, white elephant booths, art's & crafts booths and religious booths. A DJ will also play music for entertainment. N/A Financial Statement Approved By: The City has incurred $76.00 in processing this Temporary Use Permit Application. Finance Director Account No. N/A STAFF RECOMMENDATION Approve the Application for a Temp rary Use Permit subject to compliance with all Conditions of Approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution Ito. Application For A Temporary Use Permit with recommended Conditions of Approval. A-200 991 Type of Event: _ Public Concert _ Fair _ Parade _ Demonstration _ Motion Picture : _ Grand Opening 'Festival _ Community Event _ Circus _ Block Party Other Event Title: �1s 4Yl t .P‘,,s' (,3.� ..-S%1 t,Jt L. PtMN%tKIL �"u.kri rce.t,1%1. NCI Event Locatio i?&Y'Lg Jh/CA4PI9 WALLS S 0C 12r11 g-%.t t ct /47 S' a' rte..e.-- Event Date(s): From t 0.1 ©\ to Lb. rt. 01 Total Anticipated Attendance: MonthlDaylYear ( Participants) (V Spectators) Actual Event Hours:'', 3b ar 'pm tol : DO amr rr Setup/assembly/construction Datelb. 3 p t Start time: IA: OD ?t1,1 Please describe the scope of your setup/assembly work (specific details): OLGS,e,1r1lb LP 60 o t`hs . e.� d r CI.Xe aatAAsl Dismantle Date:. 0`_ g v 1 Completion Time: 9.: DO arr& List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. r b *f7C \ bs L..r'€, celi, eeect. Sponsoring Organization: fti' forrProfit Chief Officer of Or anization (Namef - I .QjlA t S V vt a c.cd 1.. VI, 1 Applicant (Name): b S Y•e.�`^, 1Z Address: a' pa E 15 . e "1, (ct t) Daytime Phone: (LA L 1L LO DI Evening Phone b .//lriax: Contact Person "on site" day of the event: D lit S �.Q•e e,� Pager/Cellular: NOTE: THIS PERSON MUST BE IN ATI'NDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CIT,Y.OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit' organization? YES NO Are admission, entry, vendor or participant fees required? _. YES NO If YES, please explain the purpose and provide amount(s): Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. I,J Iit.'Cuz C tQ h IA'` iao*.. �\;) VIA:Vat \AX111.4 p nku uS OAS tee, VAA-C-10 r>M o de c..,r t Q.V�IAA", �s �s � 2 SYES _ NO Does the event involve the sale or use of alcoholic beverages? • 1, kYES _ NO Will items or services be sold at the event? If yes, please describe:6,0a/ r t ta�f,, lame,. boot-14s, Pa.� P . gI�F,aa.�. P.t4Y41.I ha L Imekk • _ YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. _ YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or. Beer Garden areas. > Food Concession and/or Food Preparation areas ( • �� b�� 1 Please describe how food will be served at the event: ro b d. LOb 6 C>CMAS ILA ef.e__ tot3 t De ix, DIU LA.I 9 iVit_itsr p) 42- t If yoy-intend to cook food in the ent area please specify the method: V GAS ,/ELECTRIC CHARCOAL OTHER (Specify): j > Portable and/or Permanent Toilet Facilities,�(/t., Q0o`t'a R ��1 Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) > Tables and Chairs ➢ Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers > Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for dean -up and removal of waste and garbage during and after the event: C' .lPck.k.4A1 r ' -L43s 10 t Ir� G'bee-r . p k '�otetc..i, e.>t unn es F'.e421c PA .co.. r Jr 1.6.1,Qe. ett, -t t t.ttx dt 3 Please describe your procedures for both Crowd Control and Internal Security: rl_C_S' ?. a u ,A') Lltlof IA.. .1%e.t' boi SQQ.uza"t t*"y YES 1.NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. O cL c u v s, kot1% l0,e, aLt_sis‘titr Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: C MA, c, N-RCt. \c•V. DkIl, axAa 5tr-e .e..\`s 4 PI describe our plan for SABLED PAR I � wre)...,VIOLS' btsctbled. itaricutAct t,i ►a. klAA.c.1 P.A./V5 Cits o a tti, sz s r4 Q.e r Please describe your plans to notify all residents, businesses and churches impacted by the event: e5Ac1 Q>,L.is. 0,.ndt _ kj u,�.� tas4es O-tA ( .1A /L 1. od (.e 5 h JAL- " -+ P AO . L.t.5-c.J d. b e i.w ,t�ti. ,�a�� l� E.�. to c.e.tc NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. �YE Number of Bands: b Type of Music: '44.,.1 Fig?'. .�.e_: t P t) Edilis YES __ NO Will sound amplification be used? If YES, please indicate: YES NO Are there any musical entertainment features related to your event? If YES, pleasele�r��state et the number of stages, number of bands and type of music. I•6get4es: I Start time: pm Finish Time 5 .' 00 O Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: r 4. YES __ NO Any signs, banners, decorations, special lighting? If YES, please describe: (is 4 l,\ .'a. et&, a r t.st-, l vis,, sr,gc,,s a..td. b kw o- (51-eri-ki • 5 '1 LEG ON of' &Ol CARLWA I 32 c Tor, G-Ar6 4 a, STff ERE!? a . tdesr WkLL leivre,erhffigi, C. u. den ;1 42d)(P,o. 1rCi.i .101X G. now c MAINiNte 'SPIAAN,G• GetWit C , SIRE 1 EAST WALL. T.' _Avg, SALI-CON65 PAL • sap, ha ism Ciletqa. SPAN sti atom p 2 Pali: Aso ST MeLo-Mal CoupLes .AT • ucz, CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT AND RECOMMENDED CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: St Mary's Parish EVENT: Annual Fall Festival and Fund Raising DATE OF EVENT: Sunday, October 7, 2001 TIME OF EVENT: 7:30 a.m. to 7:00 p.m. APPROVALS: FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] (SAN DIEGO COUNTY HEALTH DEPT. HAS BEEN NOTIFIED VIA FAX ON 6/11/01) CONDITIONS OF APPROVAL FIRE 336-4550 1. There shall be complete emergency access to the area at all times during the event. FINANCE 336-4330 1. A business license is required if monies are solicited, admittance charged or food, beverages or merchandise is sold. Each separate vendor must have a separate business license. If the church is currently licensed, they may operate on that existing license. If there are other vendors or organizations participating and they are registered not -for - profit there will not be a charge for their business license. POLICE 336-4400 1. Police Department will attempt to provide 2 reserve police officers, 2 explorer scouts and 2 senior volunteers for the event at no cost. Extra patrol by beat officer. City of National City PUBLIC PROPERTYHARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employes o A eeme nt named Certificate ofas �insurance must betional insured and tsign Harmless attached to this permit. 9 Organization ST. MARY'S CHURCH DONALD STEEBER Person in Charge of Activity Address 2929 E. SIX TEENTH ST. NATIONAL CITY CA 91950 Dates of Use OCT 1 n ln% /q(rn1 Telephone 619 475-2414 Date(s) HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title 05/17/2001 Date •r•'cetse•ny Certificate of Insurance Approved Date Mz:y-01-O0 11:24A P.02 DIOCESE OF SAN DIEGO APPLICATION FOA SPECIAL EVENTS COVERAGE Name of Parish or Institution: ST. MARY'S cRu r.H Street Street Address: 426 E t h CkyrState: NC . C A ZIP Code. 4 1 9 9 n Ussee tAdditionat binned) Information: Name of Spcnsonng Organi?atton ur Individual Requesting Coverage ST rHjIPru (Please Print Lessee Names) or Organization) Lossee (Additional Insured) Contact Person: Name: Street Address: City: State: Tclephcne: ZIP Code: Type of Special Event (Example: Wedding reception. party. E lase Specify): FALL FESIVA Date ofEvent: OCT/07/2001 Time of Event From 6: 0 0 AM To 7: 0 0 PM Approximate Number of Participants: is Liquor Being Served? Is Fond Being Served? X Yes No X Yes No The Special Events coverage provides S1.000.000 Combined Single Limit Bodily Injury. Property Damage, and Hose Liquor Liability ' coverage per event (not per claim). This coverage is underwritten by no insurance Qorporauon of America. Policy /M700038026314. Cost of Coverage: S 5 0 f) (per Event Coverage does not apply to certain events such a , but rat limited to: • Sporting events including tournaments & ca ps • Any carnival event • Amusement rides. including mechanically o ated devices, trampolines, & rebounding devices • Fireworks & fireworks displays • Events where a fee ur admission is charged. unless all proceeds go to charity • Evenu organized or operated by professional promutets/perfotmers • Evens with attendance of more than 1,000 persons • Events which exceed 72 hours in duration • Events involving pool or lake activities • Events involving recreational vehicles NOTIFICATION OF AN EVENT MUST REACH CATHOLIC MUTUAL • AT LEAST IS DAYS IN ADVANCE OF THE EVENT. SUBJECT TO APPROVAL BY C.M.G. AGENCY, INC. Please make check payable to: Parish COMPLETE A.ND RETURN IBIS FORM TO: Catholic Mutual P.O. Dot SS7E8 San Dino, CA 92156-572S ATMs Bob Lang Please report all claims to Catholic Mutual. Ann: Bob wit 4f 1455.00412SS. 1. 73:1STRtauR7(N: Original: Catholic Mutual. Copies to Lessee and Parish or Institution CYats7•26M0•99I