HomeMy WebLinkAbout2001 06-05 CC AGENDA PKTAGENDA OF A REGULAR MEETING
NATIONAL CITY COUNCIL
COUNCIL CHAMBERS
1243 NATIONAL CITY BOULEVARD
REGULAR MEETING - TUESDAY, JUNE 5, 2001 3:00 P.M.
i
OPEN TO THE PUBLIC
PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE
COMMENCEMENT OF THE MEETING AND SUBMIT IT TO
THE CITY CLERK
IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR
CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL
GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF
NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY
MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO
CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO
KNOW THAT WE APPRECIATE YOUR INVOLVEMENT.
ROLL CALL
PLEDGE OF ALLEGIANCE TO THE FLAG BY THE CITY MANAGER, TOM G.
MCCABE
INVOCATION
APPROVAL OF THE MINUTES OF THE REGULAR MEETINGS OF MAY 15, 2001
AND MAY 22, 2001.
COUNCIL AGENDA
6/05//01 Page 2
PROCLAMATIONS
Proclaiming June 16, 2001 to be: "U.S.S. ALLEN M. SUMNER DAY"
INTERVIEWS/APPOINTMENTS
Planning Commission - Appointments
PUBLIC HEARINGS
1. Public Hearing — Amendment to Title 18 (Zoning) of the Municipal Code
concerning the filing of applications for Conditional Use Permits, variances and
other discretionary approvals. (Case File No. A-2001-2) (Planning) **Refer to
Item No. 8**
2. Public Hearing — Reallocation of Home Investment Partnership Act (HOME)
funds. (Community Development Commission) **Refer to Item No. 6**
CONSENT CALENDAR
Consent Calendar: Consent Calendar items involve matters, which are of a routine
or noncontroversial nature. All consent calendar items are adopted by approval of a
single motion by the City Council. Prior to such approval, any item may be removed
from the consent portion of the agenda and separately considered, upon request of a
Councilmember, a staff member, or a member of the public.
3. Resolution No. 2001-80
Resolution of the City Council of the City of National City authorizing the Mayor
to execute an Agreement with Nasland Engineering to develop construction
drawings for the Civic Center Landscape Project. (Parks & Recreation)
COUNCIL AGENDA
6/05/101 Page 3
CONSENT CALENDAR (Cont.)
4. Street Tree Committee Minutes (Parks & Recreation)
5. WARRANT REGISTER #47 (Finance)
Ratification of Demands in the amount of $975,951.61. (Finance)
NON CONSENT RESOLUTIONS
6. Resolution No. 2001-81
Resolution of the City Council of the City of National City authorizing and
approving a reallocation of Home Investment Partnership Act (HOME) funds.
(Community Development Commission) **Refer to Item No. 2**
7. Resolution No. 2001-82
Resolution of the City Council of the City of National City affirming the decision
of the Civil Service Commission in the matter of the appeal of Richard J.
Edwords. (City Attorney)
ORDINANCES FOR INTRODUCTION
8. An Ordinance of the City Council of the City of National City amending Title 18
of the National City Municipal Code by amending Sections 18.116.060,
18.114.060, and 18.112.020 regarding the filing of applications for Conditional
Use Permits, variances and other discretionary approvals. (Planning) **Refer
to Item No. 1 **
COUNCIL AGENDA
6/05//01 Page 4
ORDINANCES FOR INTRODUCTION (Cont.)
9. An Ordinance of the City Council of the City of National City amending Title 10
of the National City Municipal Code by amending Chapter 10.30 regulating
alcoholic beverages and repealing Chapter 10.31 regulating consumption of
alcoholic beverages. (City Attorney)
ORDINANCE FOR ADOPTION
10. An Ordinance of the City Council of the City of National City amending Title 10 of
the National City Municipal Code by adding Chapter 10.47 regarding rapid entry
systems for gated multi -family residential complexes. (Police)
WRITTEN COMMUNICATION
11. Request from John Vernon Myres to discuss Council's refusal of his request for
a Conditional Use Permit.
NEW BUSINESS
12. Scheduling Finance Committee Review of the 2001-02 Annual Budget. (City
Manager)
13. Notice of Decision — Planned Development Permit for a triplex at 1720 E. 4'
Street. (Applicant: Rosario R. Tina) (Case File No.: PD-2001-1) (Planning)
14. Disclosure of property interests located within redevelopment project area;
Councilman Nicholas E. lnzunza. (City Attorney)
COUNCIL AGENDA
6/05//01 Page 5
NEW BUSINESS (Cont.)
-> 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.
CLOSED SESSION
Conference with Legal Counsel — Anticipated Litigation
Initiation of litigation pursuant to Government Code Section 54956.9 (c) (One
potential case)
COUNCIL AGENDA
6/05//01 Page 6
NEW BUSINESS (Cont.)
ADJOURNMENT
Next Regular City Council Meeting — June 12, 2001 at 6:00 p.m. - Council
Chambers, Civic Center.
TAPE RECORDINGS OF EACH CITY COUNCIL MEETING
ARE AVAILABLE FOR SALE AND TO LISTEN TO
IN THE CITY CLERK'S OFFICE
14.
Cntty of attuna Or
/�HAL CIT\
1rnrtamathni
WHEREAS, The people of our community have great appreciation and admiration for the
thousands of men and women who served their country in the armed forces to
protect and preserve the freedoms enjoyed by our community and by all
Americans; and
WHEREAS, The U.S.S. Allen M. Sumner DD 692, in service from 1943 through 1973, served
in three U.S. wars and was the only ship in history to recover down pilots in all
three wars it served; and
WHEREAS, The U.S.S. Allen M. Sumner DD 692 will be celebrating its 14th reunion from
June 14 through June 17 at the King's Inn in Mission Valley. On June 14 will be
an open hospitality all day; and
WHEREAS, A special memorial service is scheduled for the U.S.S. Allen M. Sumner DD 692
on Saturday, June 16, 2001 at 10:00 a.m. at 32' Street Naval Station aboard a
Destroyer. This is to honor the men lost in World War II; and
WHEREAS, All three pilots that were rescued in the three different Wars will be present: the
pilot from World War II that was pulled out of the water during the battle of
Luzon, the pilot from the Korean War who crashed at night and the crew pulled
him out of 40 degree water, and his crewman D.G. Kennedy, and in Vietnam
1967, the U.S.S. Allen M. Sumner also pulled Air Force Pilot 1st Lt. Randolph,
who was shot down over the Tonken Gulf.
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NOW THEREFORE, I, GEORGE H. WATERS, Mayor of the City of National
City, do hereby proclaim June 16, 2001 to be:
"U.S.S. ALLEN M. SUMNER DAY"
in National Cityand encourage everyone to attend the memorial service for the
U.S.S. Allen M. Sumner on Saturday, June 16, in honor of the soldiers who
have faithfully served our nation in the military.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of
National City be affixed this 5h day of June 2001.
41V4H.AWWATERS
Office of the Mayor
1243 National City Blvd., National City, CA 91950 (619) 336-4526
George H. Waters - Mayor
MAY 16, 2001
TO: COUNCILMEMBERS
FROM: MAYOR WATERS
SUBJECT: PLANNING COMMISSION
Please be advised that we presently have two vacancies on the Planning
Commission which need to be attended to.
If there are no objections, I recommend we nominate (two) Planning
Commissioners at our regularly scheduled Council meeting on Tuesday, June 5,
2001.
GEORG . WATERS
MAYOR
GHW:nu
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CITY OF NATIONAL CITY
APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS
PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background
information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City.
Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted.
PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING
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f
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Committee
Name: t b cQ 5 Jj 0 h6 re S-
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any: 4 R- E n %l� �� kCt n
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PLEASE INDICATE BELOW MslY FURTHER INFORMATION THAT WILL BE OF VALUE
REGARDING YOUR SERVICE ON THE ABOVE NAMED BOARDS, COMMITTEES OR
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1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA 91950
Jeip CITY OF NATIONAL CITY
APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS
PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background
information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City.
Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted.
PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING
(You May Apply for More than One)
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Student Commissioner
ILL
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(First) (Optional)
Home Address: I 2.41 1K . ST _ err N pt T/ 0Ah41 L-- C 1T
Telephone: Residence ( 4 9- 51 L S`� 15
NUMBER OF YEARS YOU HAVE LIVED IN: ) Business/Work ( %Z.$ - 32� 2
CALIFORNIA?_(ea_ SAN DIEGO COUNTY? 40 NATIONAL CITY? ( d
ARE YOU A REGISTERED VOTER: YES
Colleges attended and degrees held, if
any: SOVT14WEsSTIYtfJ r�is
StJC>> A
Related Professional or Civic
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PLEASE INDICATE BEL ON THAT
REGARDING YOUR SERVIC
CITY OP NATIONAL CITY
APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS
PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background
information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City.
Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted.
PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING
(You May Apply for More than One)
Building Advisory & Appeals Board
Civil Service Commission
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itniA
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0,4
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NUMBER OF YEARS YOU HAVE LIVED IN:
CALIFORNIA? A r.7 SAN DIEGO COUNTY? -ID 5 NATIONAL CITY? 2 3
ARE YOU A REGISTERED VOTER: YES NO
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any: i i f p h S�O SLU 5t1'W1 t`^.�' U+'Y1 tI i,
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THE CITY COUNCIL OF NATIONAL CITY
1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA 91950
CITY OF NATIONAL CITY
APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS
PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background
information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City.
Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted.
PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING
(You May Apply for More than One)
Building Advisory & Appeals Boar,
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: /�%Q.9,61
(Last)
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Port Commission
Traffic Safety Committee
Library Board of Trustees
Sweetwater Authority
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Housing & Community Development
Committee
(First)
Home Address: a2�// (��a` // ' Jr
Telephone: Residence 94/3.-z )
NUMBER OF YEARS YOU HAVE LIVED IN:
CALIFORNIA? SS SAN DIEGO COUNTY? - S NATIONAL CITY? '-
ARE YOU A REGISTERED VOTER: YES
NO
NtiONNOW
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Birth Date
Business/Wo.75YVAr- 6:5—d )
Colleges apinded and degrees eld, if
any:1%v
Experience: /'j c� .07? •G/�Jio
Related Professional or Civic
PLEASE INDICATE BELOW ANY FURTHER INFORMATION THAT WILL BE OF VALUE
REGARDING YOUR SERVICE ON THE ABOVE NAMED BOARDS, COMMITTEES OR
COMMISSIONS: � -/ !-o, �cy,/JE i— o �7/�i�o 7� ��
DATE: %A r�9
YOUR SIGNATURE���%if��r�'�z���
RETURN COMPLETED FORM TO: THE CITY COUNCIL OF NATIONAL CITY
1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA 91950
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 r pp&cafion will be kept on Me and under consideration for one (1) year from the date k is submitted.
PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING
(You May Apply for More than One)
Building Civil Service�Commi>�Is Board
Senior Citizens Advisory Board
Parks & Recreation Advisory Board
Sens Libras), Systems Board
Street Tree & Parkway Committee
Project Area Committee
Student Commissioner
Godshalk
Planning Commission
Port Commission
X
Traffic Safety Committee
Library Board of Trustees
Sweetwater Authority
San Diego County Water Authority
Housing A Community Development
Committee
Ted
(Last) (First)
Home Address: 2143 Cleveland Avenue, National City, CA 91950
Birth Date 10/14/58
(OPlional)
Telephone: Residence ( 619477'6764 ) Buslnessiwork 619-851-5623
NUMBER OF YEARS YOU HAVE UVED IN:
CALIFORNIA? 42 SAN moo COUNTY? 42 NATIONAL CITY? 14
ARE YOU A REGISTERED VOTER: YES X NO
Colleges attended and degrees held, if
any: San Diego State University, San Diego City College -graduate of IBEW Electrical
Apprenticeship Program, Southwestern College, and ULSLf Eicteit$lcur Piugta,iw
Related Professional or Civic
Experience: 17 years experience in the Construction Industry,12 years experience as a Planning
Commissioner. In addition, I have attended numerous workfilhugs'ozr irban Issues.
PLEASE INDICATE BELOW ANY FURTHER INFORMATION THAT WILL BE OF VALUE
REGARDING YOUR SERVICE ON THE ABOVE NAMED 130ARDS, WM
COMMISSIONS: I would like to continue to serve the City of National LAT as � ES OR
Planning Commissioner. I have always thoroughly rebeardte l
. addressed the community's concerns, and made fair decisions.
DATE: 2/27/01
YOUR SIGNATURE 7 a pcijy44-.
RETURN COMPLETED FORM TO: THE CITY COUNCIL OF NATIONAL CITY
1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA 91950
MEETING DATE June 5, 2001
City of National City, California
COUNCIL AGENDA STATEMENT
*REFER TO ITEM #8*
1
AGENDA ITEM NO.
F� tit z-hcti1U . •ilivir.N t iU 'nth 18 (LUNING) OF Tt1E MUNICIPAL
rITE U15V ONCERNING THE FILING OF APPLICATIONS FOR CONDITIONAL USE PERMITS,
VARIANCES AND OTHER DISCRETIONARY APPROVALS (CASE FILE NO. A-2001-2)
PREPARED Steve RaPlanning
y � DEPART E T
EXPLANATION The Land Use Code currently requires authorization by property owners, except in
actions of eminent domain, for the filing of applications for discretionary approvals from Planning
Commission or City Council. The City's CDC requested a Code change to allow filing of Conditional
Use Permit applications by a "redeveloper who has entered into a Disposition and Development
Agreement (DDA)". This would enable an application for the Kmart facility on the former FEDCO site
to incorporate adjacent properties at the southwest corner of Plaza Boulevard and Highland Avenue.
The latter property owner will not authorize an application to be submitted. A change to the
Redevelopment Plan is pending to permit the use of eminent domain to acquire this property.
Since the Kmart project may also require a parking variance, Planning staff identified additional,
needed Code changes and incorporated them into the attached draft amendment and ordinance. These
would cover Planned Development Permits, Planned Unit Development Permits, and Variances, as well
as Code Amendments and Zone Changes.
The Planning Commission recommended approval of the amendment and found it consistent with
the General Plan. No major effect is expected. Property owners will still be notified of proposed
projects. Also, it is anticipated that most DDA's that do not involve eminent domain would have
support of property owners and that the amendment should not result in many additional applications.
Environmental Review N/A
Financial Statement
N/A
Account No.
STAFF RECOMMENDATION
Staff concurs with the recomd en. ation of the Planning Commission.
BOARD / COMMISSION RECOMMENDATION
The Planning Commission voted to recommend approval of the amendment.
Ayes: Valderrama, Godshalk, Ungab, Baca, Martinelli, Detzer.
Absent: Parra.
ATTAQHMENTS LListed Below 1 evolution No.
1. Kecommenoed r inwng 4. Notice of Exemption
2. Draft Amendment (Strike/Underline) 5. Letter from CDC
3. Draft Ordinance (Also see separate agenda item.)
A-200 (8/80)
RECOMMENDED FINDING
The proposed amendment to Title 18 is consistent with the General Plan since the amendment will
facilitate redevelopment projects, and as a result is consistent with General Plan policy which
encourages redevelopment efforts to attract new development and stimulate private investment.
Draft Amendment to Title 18 of the National City Municipal Code
For Conditional Use Permits, revise Section 18.116.060 as follows:
18.116.060 Notice and hearing.
Upon the filing of an application for a conditional use permit by -the -property
in-eminent-demain-in--whieh-it-is--seught4o-aequire-the-property-involved, which
application sets forth fully the grounds therefor and the facts deemed to justify the
granting of the conditional use permit, and is accompanied by the supporting
documents described in Chapter 18.130, the Planning Department shall give public
notice, as provided in Chapter 18.130, of the Planning Commission's intention to
consider, at a public hearing, the granting of such conditional use permit. All
applications shall be signed by the owner of the property involved, by the lessee
of the property involved with the consent of the owner, by the plaintiff in an
action of eminent domain in which it is sought to acquire the property involved,
or by a redeveloper who is seeking to redevelop the property involved, and who
is a party to an existing Disposition and Development Agreement with the
Community Development Commission.
Note: Planned Development Permits and Planned Unit Development Permits are also
processed according to this Section.
For Variances, revise Section 11.114.060 as follows:
18.114.060 Notice and hearing.
Upon the filing of an application for a zone variance by the property owner, by --a
• .. M • _ i • _ _ •
•
which application
sets forth fully the grounds therefor and the facts deemed to justify the granting of the
zone variance, and is accompanied by the supporting documents described in Chapter
18.130, the Planning Department shall give public notice, as provided in Chapter
18.130, of the Planning Commission's intention to consider, at a public hearing, the
granting of such zone variance. All applications shall be signed by the owner of
the property involved, by the lessee of the property involved with the consent of
the owner, by the plaintiff in an action of eminent domain in which it is sought to
acquire the property involved, or by a redeveloper who is seeking to redevelop
the property involved, and who is a party to an existing Disposition and
Development Agreement with the Community Development Commission.
For Land Use Code Amendments and Zone Changes, revise Section 18.112.020 as
follows:
18.112.020 Initiation.
The amendments, as specified in Sections 18.112.010 through 18.112.080, may be
initiated by:
A. The application of an owner or the agent of such owner seeking an
amendment, supplement to, or change of the regulations prescribed for his
property, or the reclassification of his property;
B. The application of a person authorized to exercise the power of
eminent domain;
C. The application of a redeveloper who is seeking to redevelop
the property involved, and who is a party to an existing Disposition
and Development Agreement with the Community Development
Commission;
E.D. Minute action of the City Council;
D.E. Minute action of the Planning Commission.
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: AMENDMENT TO 1'riLE 18 (ZONING) OF THE MUNICIPAL CODE
CONCERNING THE FILING OF APPLICATIONS FOR CONDPITONAL USE PERMITS, VARIANCES AND
OTHER DISCRETIONARY APPROVALS
Project Location: City-wide potential application
Contact Person: Steve Ray Telephone Number: (619) 336-4310
Description of Nature, Purpose and Beneficiaries of Project:
The amendment would allow the filing of applications by redevelopers who have entered into a
Development and Disposition Agreement with the City's Community Development Commission
(CDC).
Applicant: National City CDC Telephone Number: (619) 336-4250
Exempt Status:
❑ Statutory Exemption. (State type and Section No., if applicable)
❑ Categorical Exemption. Class , Section (Definition)
❑ Not a project as defined in Section 15378 of CEQA
® Not subject to CEQA (Sec. 15061b3)
Reasons why project is exempt: There is no possibility that the amendment may have a
significant effect on the environment, as it would only authorize the filing of applications by a
redeveloper who has entered into a Development and Disposition Agreement with the City's
CDC. A physical change could not be undertaken without both approval of an application and
property owner authorization or actions of eminent domain.
Date:
Steve Ray
Principal Planner
® Recycled Paper
Chairman
George H.Waters
Members
Mitch Beauchamp
Nick lnzunza
Ron Morrison
Fred Soto
Executive Director
Paul Desrochers
Preserving History
NATIONAL CITY
PLANNING DEPARTMENT
Shaping the Future
Community Development Commission
of National City
TO: Planning Director
FROM: Executive Director, CDC
SUBJECT: Request for Amendment of Section 18.116.060 of the Municipal Code
DATE: May 1, 2001
I have been working with the City Attorney on an amendment to Section 18.116.060 of the
Municipal Code. Attached is a proposed ordinance which would amend that Code section to
permit a CUP application to be signed by a redeveloper under an existing Disposition and
Development Agreement ("DDA") with the CDC.
The proposed amendment would expedite the processing of a CUP in the project area by a
redeveloper who has entered into a DDA with the CDC. For example, if the amendment is
approved, the proposed K-Mart project on the former Fedco site would be facilitated.
Please consider this memorandum to be a request by the CDC that the proposed Code
amendment be considered by the Planning Commission and the City Council at the earliest
opportunity.
Thank you.
PAUL DESROCHERS
Executive Director, CDC
www.ci.national-city.ca.us
,., • n+nrn oo+n . Ir+n\ ooc nfl[n - s_.. Ic101 0)0 A000
ORDINANCE NO.
AN ORDNANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AMENDING SECTION 18.116.060 OF THE
NATIONAL CITY MUNICIPAL CODE
PERTAINING TO THE FILING OF APPLICATIONS
FOR CONDITIONAL USE PERMITS
BE IT ORDAINED that the City Council of the City of National City does hereby
amend Section 18.116.060 of the National City Municipal Code, to read as follows:
18.116.060 Notice and hearing. Upon the filing of an application for a
conditional use permit, which application sets forth fully the grounds therefore
and the facts deemed to justify the granting of the conditional use permit, and is
accompanied by the supporting documents described in Chapter 18.130, the
Planning Department shall give public notice, as provided in Chapter 18.130, of
the Planning Commission's intention to consider, at a public hearing, the granting
of such conditional use permit. All applications shall be signed by the owner of
the property involved, by the lessee of the property involved with the consent of
the owner, by the plaintiff in an action in eminent domain in which it is sought to
acquire the property involved, or by a redeveloper seeking to redevelop the
property involved, and who is a party to an existing Disposition and Development
Agreement with the Community Development Commission.
PASSED and ADOPTED this day of , 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
June 5, 2001
MEETING DATE
*Refer to ITEM #6
2
AGENDA ITEM NO.
ITEM TITLE PUBLIC HEARING: REALLOCATION OF HOME INVESTMENT PARTNERSHIP ACT
(HOME) FUNDS.
PREPARED Brawl Desrochers, Executive Dir.
EXPLANATION
See attached EXPLANATION.
EPARTMENT CDC
Environmental Review N/A
Financial Statement
No effect. There will be neither a gain or loss in federal grant monies to the City resulting from this
reallocation.
Account No.
STAFF RECOMMENDATION
That the City Council hold a Public Hearing; solicit and consider any public input.
BARD / COMMISSION RECOMMENDATION
ATTACHMENTS ( Listed Below )
1. Notice of Public Hearing
Resolution No.
A -zoo (9/80)
EXPLANATION
On March 20, 2001, South Bay Community Services (SBCS) requested matching funds from the Community
Development Commission (CDC) and Supervisor Greg Cox from the County of San Diego in the amount of
$50,000 to complete the construction of Victorian Heights Transitional Housing located on 1125-37 B Avenue.
The additional funding was needed due to unforeseen conditions at the site and to provide additional security.
At that meeting, the CDC directed staff to come back with a public hearing and resolution agenda item in order
to reallocate $50,000 in HOME funds to SBCS' project.
At this time, SBCS has received confirmation from Supervisor Greg Cox for funding in the amount of $50,000.
Staff is requesting that $50,000 in HOME funds be reallocated from the New Housing Construction Fund to
SBCS for the completion of the Victorian Heights Transitional Housing Project.
City of National City, California
COUNCIL AGENDA STATEMENT
...FETING DATE June 5, 2001
3
AGENDA ITEM NO.
ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE A CONTRACT WITH NASLAND ENGINEERING TO DEVELOP PLANS FOR THE CIVIC CENTER
LANDSCAPE PROJECT
PREPARED BY Jim Ruiz f� DEPARTMENT Parks & Recreation
EXPLANATION
City staff worked extensively with consultants, through a number of meetings, to
develop the conceptual plan for the Civic Center Landscape Project that was presented
to the City Council at a recent workshop. The council approved the concept at their
workshop of 4-3-01.
This contract will result in Nasland Engineering developing construction documents
for the project.
Once plans are developed and approved, bid documents will be drawn to begin work on the
project.
Environmental Review x N/A
Financial Statement
The fee of $90,495 is budgeted in
Acct # 195-409-500-598-4092
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Approval.
BOARD / COMMISSION RECOMMENDATION
Approval.
ATTACHMENTS ( Listed Below
Fee proposal and scope of services.
Resolution No. 2001-80
A-200 (9;99)
RESOLUTION NO. 2001 -80
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH NASLAND ENGINEERING TO
DEVELOP CONSTRUCTION DRAWINGS FOR
THE CIVIC CENTER LANDSCAPE PROJECT
WHEREAS, the City desires to employ Nasland Engineering to develop the
construction drawings for the Civic Center Landscape Project; and
WHEREAS, the City has determined that Nasland Engineering is a civil
engineering consultant and is qualified by experience and ability to perform the services
desired by the City, and is welling 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 Nasland Engineering to
develop the construction drawings for the Civic Center Landscape Project. Said Agreement is on
file in the Office of the City Clerk.
PASSED and ADOPTED this 5th day of June, 2001.
George H. Waters, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Geno /IL:1w
orge H. Eiser, III
City Attorney
NASLAND ENGINEERING
CIVIL ENGINEERING • SURVEYING • LAND PLANNING
April 18, 2001
NE Job No.: 199-280.2
Jim Ruiz, Director of Parks & Recreation
City of National City
140 E. 12th Street, Suite A
National City, CA 91950
Subject: City Hall Master Plan
Re: Phase 1 Fee Proposal
Nasland Engineering is pleased to provide this proposal for professional services for the phase
1 portion of the City Hall Master Plan. Please refer to the attached drawing for limits of work.
Our fee is based on preliminary work provided to you by our firm and Parterre Landscape
Architecture under a previous contract. Improvements in general will include design of a left
hand turn pocket on 12`h Avenue, a revised "two-way" parking lot on the west side of City
Hall, new landscape and irrigation improvements within the Phase 1 Improvement area, a new
employee outdoor dinning/lunch patio, a new entry patio with disabled access from the
parking lot, a new stairway from National City Boulevard to the parking lot, and new
ornamental lighting and signage for the Phase 1 Improvements.
In addition to Nasland Engineering, we have included the following subconsultants to assist
us with this project:
• Parterre Landscape Architects — Landscape, Paving and Irrigation Design
• Nicholson Design - Signage Design
• Darnell & Associates — Ornamental Lighting Design Within the Parking Lot
• Geocon Incorporated — Geotechnical Investigation for Design of Paving and
Walls
• Simon Wong Engineering — Structural Engineering
• ALCALA Co., Inc. — Waterproof Specifications and Details
SCOPE OF SERVICES
Surveying Services
Field Surveying $3,000.00
Nasland Engineering will perform a detailed field survey of the project to enhance the
existing aerial topographical survey for the purpose of design. Survey shall include the
necessary topographic information for design, including cross sections on 12`h Street.
4740 Ruffner Street, San Diego, California 921 1 1 • 858-292-7770 • FAX 858-571-3241
Exhibit A
NASLAND ENGINEERING
CIVIL ENGINEERING • SURVEYING • LAND PLANNING
Construction Documents:
Nasland Engineering will prepare construction documents to be submitted at 60%, 90% and
100% completion and will process with the City of National City. The final construction
documents will include the following:
1. Demolition Plan $ 2,500.00
Prepared at the appropriate scale indicating items to be removed, both on -site and in the
public right-of-way. The limit of work and items to be protected in place will be identified.
2. Grading and Improvement Plans $ 16,000.00
On -site Grading and Street Improvement Plans will be prepared at a 1" = 20' scale in
accordance with the City of National City requirements. Plans will indicate new curb and
gutters, drainage, paving, retaining walls and hardscape. Plans will be coordinated with all
disciplines.
3. Construction Details Plans $ 3,500.00
Various construction details will be prepared and included in the plans to indicate design of
special paving and other detail design items. Retaining wall profiles will be included.
4. NPDES Plan $ 3,000.00
Prepare an NPDES Plan sufficient in detail to meet the requirements of the Regional Water
Quality Control Board.
5. Ornamental Light Improvement Plan $ 5,130.00
Prepared to the appropriate scale indicating the installation and wiring of proposed
ornamental streetlights in accordance with the attached scope of services by Darnell &
Associates.
6. Landscape Architectural and Signage Services $28,490.00
Prepare landscape, irrigation and signage design services by Parterre Landscape
Architects and Nicholson Design. See attached scope of services.
7. Geotechnical Services $ 3,850.00
Prepare limited geotechnical investigation for pavement design within the parking lot, flag
pole footing and wall design parameters. See attached scope of services by Geocon, Inc.
NASLAND ENGINEERING
CIVIL ENGINEERING • SURVEYING • LAND PLANNING
8. Structural Design Services $ 7,150.00
Evaluate existing wall and patio deck conditions, and prepare calculations and details for
walls, a new stairway, flagpole footings and the proposed new lunch patio deck. See
attached scope of services by Simon Wong Engineering.
9. Waterproof Details & Specifications for Patio $ 825.00
Provide specifications and details for waterproof traffic coating over proposed patio deck.
See scope of services by ALCALA Co., Inc.
Estimate of Costs: $ 2,000.00
Cost estimate is included in this proposal, at the 60% and 100% levels.
Specifications: $ 1,500.00
Nasland Engineering will provide technical specifications including special construction
requirements, in addition to the normal material -related items.
Meetings: $ 2,300.00
During the course of preparation of the plans, specifications and estimates, a maximum of five
(5) design team meetings may be held as necessary.
Plan Checks: $ 3,100.00
Nasland Engineering will respond to plan and specifications comments from the City of National
City and utility companies by modifying plans, specifications and special provisions as
appropriate and as directed by the City.
Bidding: $ 1,150.00
Bid assistance is included in this proposal, and is estimated at ten (10) hours.
Construction Administration: (Estimate) $ 2,300.00
When requested by the client, observe the construction of the improvements for general
conformance and intent of contract documents, attend project status meeting and advise the client
regarding conformity and progress. (20 hours maximum)
Record "As -Built" Drawings $ 3,500.00
Prepare record drawing submittal of the construction plans and specifications reflecting changes
and modifications observed during construction, which differ from designed improvements.
Such changes, modifications and locations shall be based solely on information provided by the
Inspector and the Contractor. Nasland Engineering shall not be responsible for errors or
omissions in such information provided by others.
NASLAND ENGINEERING
CIVIL ENGINEERING • SURVEYING • LAND PLANNING
Reimbursables
Printing, deliveries, plots, mileage, etc.
GRAND TOTAL:
$ 1,200.00
$ 90,495.00
Exclusions:
The following items are specifically excluded from the scope of work:
• Shoring Design, if required
• Permit Fees
• Environmental Studies
• Construction Inspection
• Traffic Signal Design
• Dry Utility Designs
• Storm Drain Improvement Plans
• Design of 14th Street Realignment near south side of the Parking Lot
If the above scope of services and fee is acceptable to you, please forward a contract for our
review. If you have any questions, please do not hesitate to contact me. We look forward to
working with you on the City Hall Master Plan.
Sincerely,
Nasland Engineering
Steven D. Nasland, PE
Principal
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FROM : Parterre
FAX NO. : 619-296-3702 Apr. 11 2001 06:46PM P2
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PARTERRE
Mr. Steven Nasland
Nasland Engineering
4740 Ruffner Street
San Diego, CA. 92111
Subject: Proposal for Landscape Architectural Services — Phase 1, City Hall Improvement
Program, Construction Documentation and Observation.
Date: April 10, 2001
Dear Steve,
The following scope of services and fees include the refinement of Design Development Plans,
design of Directional / Identification Signs and preparation of Landscape Public Improvement
Plans. The project limits is illustrated as the Phase 1 boundary of the City Hall Master Plan.
SCOPE OF SERVICES
The following Scope of Services is based on the Nasland Engineering and Parterre, City Hall
Master Plan, dated March 7, 2001.
A. Design Development Refinement
Prior to beginning the construction documentation phase review current design
development concepts with the client and city staff. Make design adjustments to the
Construction Documents based on client and city staff comments.
B. Design. of Directional. Identification and Building Facia Signne
Prepare design development/construction drawings identifying layout, materials,
dimensions, color, finish, font styles/size for city hall signs. The designs will be based on the
City Hall Master Plan. Make design adjustments to the Plans based staff comments.
C. Construction Documentation Phase (Public Improvement Plans).
Following review and refinement of the schematic design concept, construction plans,
details and specifications will be prepared. Progress review submittals for this phase of work
are anticipated. The Construction Documents will include the following:
Site Planning Urban Design Landscape Architecture
1221 Hayes Avenue San Diego, CA 92103
619 296-37n Fax 619 296-37(12
FROM : Parterre
FRX NO. : 619-296-3702 Apr. 11 2001 06:46PM P3
1. Paving Finishes Plan - Layout and identification of landscape and hardscape (pedestrian
pavement and planters) areas for construction purposes. Include construction details
required to install the pedestrian pavement and at grade planter work.
2. Planting Plans and Details - Graphically locate and identify planting material to be used,
including specific quantities, sizes and varieties. Include necessary planting details and
planting legend required to install plant materials.
3. Irrigation Plans and Details - Diagrammatically layout landscape irrigation piping,
valves, control equipment, sprinkler heads, and related irrigation equipment for the
irrigation of planting areas; specifically calling out pipe and equipment sizing and types,
and include neres- a ry details required to install the irrigation systems.
4. Specifications - Identify the types, manufacturer and/or qualities of materials to be used
or incorporated into the work, setting forth methods of installation and establishing the
gnaTity and workmanship of tl,P finished work.
5. Probable Cost Opinion - Prepare one (1) Final Landscape Cost Opinion based on the
proposed Construction Documents. The cost opinion will reflect current prices for
materials and installation as known to Parterre.
6. Team meetings and coordination - coordinate design review and submittals with the
client, city staff and consultants. Attend coordination and/ or presentation meetings as
required.
D. Construction Support Services Phase
Provide construction observation visits, submittal review, hardscape / plant material /
signage / irrigation review, project coordination.
E. Record Drawings
Prepare record drawings of planting and irrigation construction changes based on the
contractors "red Iined" plans.
SCOPE OF SERVICES EXCLUDED
The Client shall provide the following information or services as required for performance of
work including: Topographic and boundary surveys, legal descriptions of the property, soil
testing, infrastructure and base information.
The following items are excluded from the Construction Documents and therefore excluded
from Construction Observation review by Parterre:
• Vertical and horizontal control for sidewalks, curbs and gutters.
• Waterproofing.
• Hydraulic calculations for drainage of paving and landscape areas.
• Subsurface drainage systems_
2
FROM : Parterre
FAX NO. : 619-296-3702 Apr. 11 2001 06:47PM P4
• Circuitry and photometric studies for street lighting fixtures.
• Structural design for walks, ramps, steps and walls if required.
• Mechanical / plumbing / electrical plans and details for landscape related work.
• Encroachment Removal Agreements.
• Reproduction of mylar drawings for City records.
The following additional services have also been excluded from the proposal: Design Guidelines
or reports, preparation of site models, special presentation drawings such as colored perspective
renderings in addition to those proposed in the Scope of Services.
FF.FS FOR PROFESSIONAL SERVICES
Described herein, arc as follows:
• Design Development l.efxnement, Construction Documentation,
Construction Support Services, Record Drawings: $24,900
• Signage Design Development / Construction Drawings: $8,500
• Reproduction / Misc. Expenses 11 500
TOTAL $34,900
Hourly Rates
Fees for additional services shall be based on the following rates:
$100.00 per hour
$85.00 per hour
$65.00 per hour
Principal
Project Landscape Architect
Draftsperson/Designer
Upon acceptance of the above proposal for services, we will provide you with an agreement for
Landscape Architectural Services. If you have any questions, please do not hesitate to contact
me.
Principal
3
Darnell & ASSOCIATES, INC,
TRANSPORTATION PLANNING & TRAFFIC ENGWEERING
April 17, 2001
Mr. Steve Nasland
Nasland Engineering
4740 Ruffner Street
San Diego, CA 92111
D&A Ref. No: 3427
Subject: Proposal to Provide Traffic Engineering Services for City of National City Civic Center
Improvements
Dear Mr. Nasland:
Darnell & Associates, Inc. (D&A} is pleased to submit this proposal to provide traffic engineering services for
the subject project. The following outlines our proposed Scope of Services, Schedule and Fee Proposal.
SCOPE OF WORK
1. Meet with client and city staff to discuss project and review project objectives and to define the parking
lot lighting standards and illumination levels to be provided.
2. Prepare parking lot lighting plan. The plan preparation will utilize the base CADI,) flies developed by
Nasland Engineering. The plan will show light standard locations, conduits, conductors, service pont and
typical details of pole design, luminaire and luminaire size will be included. Calculation of average
footcandle and uniformity ratios will be prepared.
3. Prepare cost estimate and special provisions to be included in the contract documents.
4. Submit documents to Nasland Engineering for inclusion in submittals to city for review.
5. Prepare final plan, estimate and special provisions after receipt of city comments.
6. Be available to assist Nasland Engineering in various aspects of the project.
NOTE: If scope changes, i.e. square footage of project, use of project, streets involved, etc. a NEW
scope/budget will need to be generated .
SCHEDULE
We can proceed in two (2) weeks and complete our work for Tasks 1-5 within five (5) weeks after receipt of
CADD files and the kick-off project meeting. Services for Task 6 will be provided on an as -needed basis.
1446 FRONT STREET • THIRD FLOOR • SAN DIEGO, CA 92101
PHONE: 619-233-9373 • FAX: 619-233-4034
E-mail: p1)492@aol.com
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Mr. Steve Nasland
Nasland Engineering
April 17, 2001
Page 2
CONSULTANT FEE
D&A proposes to provide the services outlined on a time and materials basis with a not -to -exceed fee of
$4,740. The not -to -exceed fee is broken down as follows:
Tasks 1-5 - Parking Lot Lighting
Firm Principal 8 hrs @ $130/hr = $1,040.00
Transp Engineer 16 hrs 0 $65/hr = $1,040.00
Traffic Technician 24 hrs 0 $50/hr = $1,200.00
Word Processor 8 hrs 0 $30/hr = $240.00
Expenses
***Miscellaneous (printing, mileage, shipping etc) $150.00
Subtotal $3,670.00
Task 6 - As -Needed
Firm Principal 8 hrs 0 $130/hr = $1,040,00
Subtotal $1,040.00
*Not -To -Exceed Total $4,710.00
***This is a baseline fee for miscellaneous costs including courier, priority mail and overnight services,
blueprinting, field checks. Any additional fees over this will be expensed on a time and materials basis
as an additional expense.
*All T&M for items not included in not -to -exceed fee.
Monthly progress billings will be submitted based on a percentage of work completed and are due upon
submittal. Please find attached a copy of our standard hourly billing rate schedule.
If you concur with the provisions of this proposal, please sign in the space provided below and return the
original copy to our office. Receipt of the signed proposal will constitute our formal authorization to proceed.
The Client agrees that the technical methods, design details, techniques and pricing data contained in any
material submitted by Daniell & Associates, Inc. pertaining to this project/proposal shall be considered
confidential and proprietary, and shall not be released or otherwise made available to any third party without
the express written consent of Darnell & Associates, Inc.
Darnell & Associates, Inc. (D&A) has the right to complete all services agreed to be rendered pursuant to this
proposal. In the event of termination by either party, the Client shall within fifteen (15) calendar days of
termination, pay D&A for all services rendered and all reimbursable costs incurred by D&A up to the date of
termination, in accordance with thepayment provisions of this proposal.
In recognition of the relative risks and benefits of the project to both the Client and Darnell & Associates, Inc.
(D&A) the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit
the liability of Darnell & Associates, Inc. and his or her subconsultants to the Client and to all contractors and
1aIDOSSH QNV 113N2ltia b£ObLE36T9 ST'£T TOOZJLTlbt
Mr. Steve Nasland
Nasland Engineering
April 17, 2001
Page 3
subcontractors on the project for any and all claims, losses, costs, damages or any nature whatsoever or claims
expenses from any cause or causes, so that the total aggregate liability of Darnell & Associates, Inc. and his
or her subconnsultants to all those named shall not exceed $75,000, or D&A's total fee for services rendered on
this project, whichever is greater. Such claims and causes include, but are not limited to negligence,
professional errors or omissions, strict liability, breach of contract or warranty.
I would like to take this opportunity to notify you that I am licensed by the California Board for
Professional Engineers and Land Surveys as a Civil Engineer (Registration Number 22338) and as a
Traffic Engineer (Registration Number 539). This notification to you is to comply with the requirements,
effective March 10, 2000 of Title 16, California Code of Regulations, section 463.5. Your signature in
the signature block below also serves as acknowledgment that you have received this notification.
Please feel free to contact our office should you have any questions or comments. This proposal is valid for
sixty (60) calendar days.
Sincerely,
DARNELL & ASSOCIATES, l C.
Bill E. Darnell, P.E.
RCE: 22338
BED/ld
3472NasiondwalionalPpt..wpdiO1.O4
We concur with the provisions of the proposal and
authorize D&A to perform the services described
above.
NASLAND ENGINEERING
4740 Ruffner Street
San Diego, CA 92111
(Signature)
(Print name & title)
(Date)
bO 39dd 1t7IOOSSti QNd 113Neda
1EOVEEZ6L9 SL:EL LOH /LL/PO
GEOCON
INCORPORATED
Proposal No. LG-01202
April 17, 2001
Nasland Engineering
4740 Ruffner Street
San Diego, California 92111
GEOTECHNICAL CONSULTANTSir
_
Attention: Mr. Steve Nasland
Subject: CITY HALL IMPROVEMENTS
NATIONAL CITY, CALIFORNIA
PROPOSAL TO PERFORM A GEOTECHNICAL INVESTIGATION
Gentlemen:
In accordance with your request, we herewith submit our proposal to perform a geotechnical
investigation for a parking lot improvement behind City Hall in National City, California. To
assist in preparing this proposal, we have discussed the project with you and reviewed a plan that
you provided entitled City Hall Master Plan, Improvement and Grading Plan.
Review of the referenced plan indicates that the proposed improvements will consist of minor
grading to construct an asphalt concrete paved parking lot with driveway access of 12th Street and
National City Boulevard. Retaining walls will be built along the western edge of the parking lot
to accommodate an approximately 5 to 6 foot grade break. Several walls will also be constructed
near the existing building. Grading is anticipated to be relatively minor generally consisting of
cuts or fills on the order of 1 to 2 feet. A monument sign is also anticipated.
Based on the above information, we recommend that the scope of our geotechnical investigation
consist of the following:
• Review published geologic maps, aerial photographs, and other literature pertaining to the
site to aid in evaluating geologic hazards that may be present.
• Excavate 2 small -diameter borings to depths 10 feet below the existing ground surface to
examine and sample the prevailing soil conditions encountered.
• Perform laboratory tests on selected soil samples to evaluate in situ density, and shear
strength characteristics of the prevailing soil conditions encountered. R-value tests of
anticipated pavement subgrade materials would also be performed to determine structural
pavement section requirements.
• Prepare a written report presenting our findings and our conclusions and recommendations
regarding the geotechnical aspects of developing the improvements as presently proposed.
Recommended grading specifications, foundation design criteria, pavement sections,
excavation characteristics and remedial grading measures (if required) would be included in
the report.
6960 Flanders Drive ® San Diego, California 92121-2974 ® Telephone (858) 558-6900 ® Fax (858) 558-6159
We propose to perform the scope of work outlined herein for a fee not to exceed $3,500. Our
services would be provided in accordance with the enclosed Schedule of Fees. Invoices would be
submitted at four -week intervals and would be itemized to reflect only the actual time and costs
incurred. If unanticipated field conditions are encountered which require a significant
modification to the recommended scope of work and/or which require an increase to the not -to -
exceed amount, we would not proceed with the modified scope or increased amount without
obtaining your verbal authorization. The proposed scope of services does not include the
evaluation or identification of the potential presence of hazardous or corrosive materials on the
site.
We assume that the site plans provided for our use will show the locations of all underground
utility lines and structures, as well as the location of sensitive natural habitats and/or
archaeological sites. We will not be responsible for damage to any such lines, structures,
vegetation, or archaeological sites that are not shown accurately on the plans provided to us. In
addition, some disturbance to the ground surface and vegetation may occur as a result of
accessing the desired locations of subsurface exploration. Although we will be careful to limit the
extent of such occurrences, they can not be avoided and this proposal does not include any costs
to regrade, re -vegetate, landscape or otherwise repair disturbed areas.
We have prepared this proposal with the understanding that this is not a prevailing wage project.
If Client should conclude this is a prevailing wage project, please so advise Geocon in writing
immediately. If failure to so advise Geocon results in the imposition of fines, penalties, claims or
damages against Geocon, Client will reimburse Geocon for all costs and expenses.
Please carefully review the contents of this proposal, and the enclosed Schedule of Fees. If they
meet with your approval, please prepare a Subconsultants agreement for the above referenced
amount and send the document to our office for signature. After signing, we will return the
appropriate copies to you.
Should you have any questions regarding this proposal, or if we may be of further service, please
contact the undersigned at your convenience.
Very truly yours,
GEOCON INCORPORATED
James L. Brown
GE 2176
JLB:
Enclosures: SF-2001
(2) Addressee
Proposal No. LG-01202 - 2 - April 17, 2001
04/18/01 WED 08:48 FAX 858 566 6844 SIMON WONG ENG Q 002
SIMON WONG ENGINEERING
\//\f\STRUCTURAL AND BRIDGE ENGINEERS
Fee Proposal
April 17, 2001
Mr. Steve Nasland
Nasland Engineering
4740 Ruffner Street
San Diego, CA 92111
Phone #: 858-292-7770
Fax #: 858-571-3241
Re: National City, City Hall Improvement
SWE job # 300-6
Scope: To provide structural calculations and drawings for the following:
Fee: Site Visit/Study $1,000
1) Demolition of North West existing pony wall. $ 500
2) Footings for flag poles. _ $ 500
3) Stairs. $1,000
4) Air vent relocation. $ 500
5) Patio area structural support for new furniture, etc. $3,000
Total Fee $6,500
Note: This fee does not include construction support services.
The above fee allows for one site visit for verifying existing conditions.
Should the above fee be acceptable, an agreement can be forwarded to you at your request,
or you can provide us with a contract.
Should you have any questions, please do not hesitate to call.
Sincerely,
SIMON WONG ENGINE
ong, S.E., #290
G:15tructural Dlvlslon\Prdlect1300 - Nasland & Assoth6 - Ntn'I City, City Heil Improvement\Contractfp041701sw.doc
9968 Hibert Street, Suite 202 - San Diego, CA 92131 + (858) 566-3113 • FAX (858) 566-6844
FRDM : Parterre FAX NO. : 619-296-3702 Apr. 11 2001 06:47PM P5
Prong: nierard,l. nrnwn tAib 9'-i94'.? To Pstrick d'tornor ria•t { '4 Time i 2S:013 L5N i-• v lu
Alcala
alcala.com
AIcafa Co., Inc.
PROPOSAL AND ACCEPTANCE
3650 tiancocx Saeet
:en Ciego, CA 82110
619/291.7100
619/291-1142 FaX
Licence #492941
ATTN: Patrick O'Connor PROJECT: National City Hall
CLIENT. Parterre LOCATION: National City, CA
1221 Hayes Avenue PHONE: 619-296-3713
San Diego, CA 92103 FAX. 619.296,3702
We are pleased to submit our quotation for the above referenced projact. This quotation is effective for
ninety days from the date of the puotetion unless otherwise noted. This quotation is based solely upon
information available to us on or before the date of the quotation. Any changes in the plan specifications
may result in a change 'n the quotation.
DESCRIP11QNIRE> ?.RKS
NOTES:
1. Tax included.
SCOPE OF VvORK:
AREA AMOUNT
Provide specifications and eetai's forwate'proof traffic coating over concrete slats for
job known as Nation'. City Hall. S750.00
We hereby PROPOSE to furnish material and labor, complete and in accordance with the plans and
specificat:ons. Payment on accepted proposal shall be made in full within thirty (30) gays of invoice. in
the evert legs' action is necessary( to enforce payment under the terms of this contract, customer agrees
to pay A'cale Co ' nc.'s reasorab'e attorney fees and costs.
ACCEPTANCE: The above prick, specifications end conditions are satisfactory end are hereby
a rim -pled. Alcala Ca, Inc. is euthcr'zed to perform the work as specified. Payment wl: be made as
cut:lned above.
Cate of Proposal: Apri: 11 2C01 Estimator: Patrick Bodine
Alcala Co., Inc.
Cate of Aaxptance Signature:
Client
Pagel of I
AGREEMENT BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
NASLAND ENGINEERING
THIS AGREEMENT is entered into this 5th day of June, 2001, by and between
the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and NASLAND
ENGINEERING (the "CONTRACTOR").
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to develop
construction drawings.
WHEREAS, the CITY has determined that the CONTRACTOR is a civil
engineering design firm and is qualified by experience and ability to perform the services
desired by the CITY, and the CONTRACTOR is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to
engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services
hereinafter set forth in accordance with all terms and conditions contained herein.
The CONTRACTOR represents that all services required hereunder will be
performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services as
set forth in the attached Exhibit A.
The CONTRACTOR shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the CITY for such services, except as authorized in
advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit A to
keep staff and City Council advised of the progress on the project.
The CITY may unilaterally, or upon request from the CONTRACTOR, from
time to time reduce or increase the. Scope of Services to be performed by the CONTRACTOR
under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in
good faith and confer for the purpose of negotiating a corresponding reduction or increase in
the compensation associated with said change in services, not to exceed a factor of 10% from
the base amount.
Revised 52000
3. PROJECT COORDINATION AND SUPERVISION. Jim Ruiz hereby
is designated as the Project Coordinator for the CITY and will monitor the progress and
execution of this Agreement. The CONTRACTOR shall assign a single Project Director to
provide supervision and have overall responsibility for the progress and execution of this
Agreement for the CONTRACTOR. Steve Nasland thereby is designated as the Project
Director for the CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed. Billings
shall include labor classifications, respective rates, hours worked and also materials, if any.
The total cost for all work described in Exhibit A shall not exceed the schedule given in
Exhibit A (the Base amount) without prior written authorization from the City Manager.
Monthly invoices will be processed for payment and remitted within thirty (30) days from
receipt of invoice, provided that work is accomplished consistent with Exhibit A 'as
determined by the CITY.
The CONTRACTOR shall maintain all books, documents, papers, employee
time sheets, accounting records, and other evidence pertaining to costs incurred and shall make
such materials available at its office at all reasonable times during the term of this Agreement
and for three (3) years from the date of final payment under this Agreement, for inspection by
the CITY and for furnishing of copies to the CITY, if requested.
5. LENGTH OF AGREEMENT. Completion dates or time durations for
specific portions of the Project are set forth in Exhibit A.
6. DISPOSITION AND OWNERSHIP OF 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 solely with respect to this Project, and shall be turned over to the CITY upon
request of the CITY.
Contemporaneously with the transfer of documents, the CONTRACTOR hereby
assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any
copyright in, and the right to reproduce, all written material, drawings, plans, specifications or
other work prepared under this agreement, except upon the CITY's prior authorization
regarding reproduction, which authorization shall not be unreasonably withheld. The
CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary
to further effectuate this waiver and disclaimer.
The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR'S
written work product for the CITY's purposes, and the CONTRACTOR expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
2 Revised 5/2000
Any modification or reuse by the CITY of documents, drawings or
specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability
under Section 14 but only with respect to the effect of the modification or reuse by the CITY,
or for any liability to the CITY should the documents be used by the CITY for some project
other than what was expressly agreed upon within the Scope of this project, unless otherwise
mutually agreed.
7. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as agents,
employees, partners or joint venturers with one another. The CONTRACTOR is not an
employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the
CITY's employees, including but not limited to medical, unemployment, or workers'
compensation insurance.
This Agreement contemplates the personal services of the CONTRACTOR and
the CONTRACTOR's employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional
reputation and competence of the CONTRACTOR and its employees. Neither this Agreement
nor any interest herein may be assigned by the CONTRACTOR without the prior written
consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR
from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may
deem necessary for the proper and efficient performance of this Agreement. All agreements by
CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the
applicable terms of this Agreement.
8. CONTROL. Neither the CITY nor its officers, agents or employees
shall have any control over the conduct of the CONTRACTOR or any of the
CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly
agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or
employees are in any manner agents, servants or employees of the CITY, it being understood
that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly
independent contractors and that the CONTRACTOR's obligations to the CITY are solely such
as are prescribed by this Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR,
in the performance of the services to be provided herein, shall comply with all applicable State
and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the
City of National City, whether now in force or subsequently enacted. The CONTRACTOR,
and each of its subcontractors, shall obtain and maintain a current City of National City
business license prior to and during performance of any work within the City.
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
3
Revised 5/2000
that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during
the term of this Agreement, any license, permit, or approval which is legally required for the
CONTRACTOR to practice its profession.
11. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under similar conditions and in
similar locations. The CITY expects that the CONTRACTOR shall take all special precautions
necessary to protect the CONTRACTOR'S employees and members of the public from risk of
harm arising out of the nature of the work- and/or the conditions of the work site.
B. The CONTRACTOR warrants to the CITY that it is not now, nor
has it been for the five (5) years preceding, involved in arbitration or litigation concerning the
CONTRACTOR'S professional performance or the furnishing of materials or services relating
thereto.
C. The . CONTRACTOR is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success of the
project the CONTRACTOR has been retained to perform, within the time requirements of the
CITY, or, when no time is specified, then within a commercially reasonable time.
Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the
CONTRACTOR warrants that all products, materials, processes or treatments identified in the
project documents prepared for the CITY are reasonably commercially available. Any failure
by the CONTRACTOR to use due diligence under this sub -paragraph will render the
CONTRACTOR liable to the CITY. for any increased costs that result from the CITY's later
inability to obtain the specified items or any reasonable substitute within a price range that
allows for project completion in the time frame specified or, when not specified, then within a
commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR will
not discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONTRACTOR will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall
include but not be limited to the following: employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. The CONTRACTOR
agrees to post in conspicuous places available to employees and applicants for employment any
notices provided by the CITY setting forth the provisions of this non-discrimination clause.
13. CONFIDENTIAL INFORMATION. The CITY may from time to
time communicate to the CONTRACTOR certain confidential information to enable the
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
4 Revised 5/2000
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 reasonable 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 negligent performance of this Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State
of California, the applicable provisions of Division 4 and 5 of the California Government Code
and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall
indemnify, defend and hold harmless the CITY and its officers, employees and volunteers from
and against all claims, demands, payments, suits, actions, proceedings and judgments of every
nature and description, including attomey's fees and costs presented, brought or recovered
against the CITY or its officers, employees, or volunteers, for or on account of any liability
under any of said acts which may be incurred by reason of any work to be performed by the
CONTRACTOR under this Agreement.
16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall
purchase and maintain, and shall require its subcontractors, when applicable, to purchase and
maintain throughout the term of this agreement, the following insurance policies:
A. If checked, Professional Liability Insurance (errors and omissions) with
minimum limits of $2,000,000 per occurrence and aggregate.
B. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
5
- Revised 5/2000
combined single limit per accident. Such automobile insurance shall include non -owned
vehicles.
C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence, covering all bodily injury and property
damage arising out of its operation under this Agreement.
D. Workers' compensation insurance covering all of its employees and
volunteers.
E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days
prior written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and worker's
compensation policies, shall name the .CITY and its officers, agents and employees as
additional insureds.
G. If required insurance coverage is provided on a "claims made" rather
than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three
years after expiration of the term (and any extensions) of this Agreement.
H. Any aggregate insurance limits must apply solely to this Agreement.
I. Insurance shall be written with only California admitted companies
which hold a current policy holder's alphabetic and financial size category rating of not less
than A VIII according to the current Best's Key Rating Guide, or a company equal financial
stability that is approved by the City's Risk Manager.
J. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies
in full force and effect at all times during the terms of this Agreement, the CITY may elect to
treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate
the Agreement as provided herein.
17. LEGAL FEES. If any party brings a suit or action against the other
party arising from any breach of any of the covenants or agreements or any inaccuracies in any
of the representations and warranties on the part of the other party arising out of this
Agreement, then in that event, the prevailing party in such action or dispute, whether by final
judgment or out -of -court settlement, shall be entitled to have and recover of and from the other
party all costs and expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall
not be considered in determining the amount of the judgement or award. Attorney's fees to the
prevailing party if other than the CITY shall, in addition, be limited to the amount of
attomey's fees incurred by the CITY in its prosecution or defense of the action, irrespective of
the actual amount of attomey's fees incurred by the prevailing party.
18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to
this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the
dispute by mediation in San Diego, California, in accordance with the Commercial Mediation
6
Revised 5/2000
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. TER1\'HNATION. A. This Agreement may be terminated with or
without cause by the CITY. Termination without cause shall be effective only upon 60-day's
written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall
perform all services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of
written Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all _ finished or unfinished Memoranda
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONTRACTOR, whether paper or electronic, shall immediately become the property of and
be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and
equitable compensation for any work satisfactorily completed on such documents and other
materials up to the effective date of the Notice of Termination, not to exceed the amounts
payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if
any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth
in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a
reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganisation, 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
7
Revised 5/2000
Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company
with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any
notice, request, demand, direction or other communication delivered or sent as specified above
shall be directed to the following persons:
To the CITY: Tom G. McCabe
City Manager
City of National City
1243 National City Boulevard
National City, CA 91950
To the CONTRACTOR: Nasland Engineering
Steve Nasland
4740 Ruffner Street
San Diego, CA 92111
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because
of changed address of which no notice was given shall be deemed to constitute receipt of the
notice, demand, request or communication sent. Any notice, request, demand, direction or
other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within
forty-eight (48) hours by letter mailed or delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of
the City of National City. The CONTRACTOR also agrees not to specify any product,
treatment, process or material for the project in which the CONTRACTOR has a material
financial interest, either direct or indirect, without first notifying the CITY of that fact. The
CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the
National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify
itself and shall not use its official position to influence in any way any matter coming before
the CITY in which the CONTRACTOR has a financial interest as defined in Government Code
Section 87103. The CONTRACTOR represents that it has no knowledge of any financial
interests that would require it to disqualify itself from any matter on which it might perform
services for the CITY.
❑ If checked, the CONTRACTOR shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City
Clerk of the City of National City in a timely manner on forms which the CONTRACTOR
shall obtain from the City Clerk.
8
Revised 5/2000
The CONTRACTOR shall be strictly liable to the CITY for all damages, costs
or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the
CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday,. Sunday or federal, state or legal holiday, then such
date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute but one and the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as ,otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties
hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this
Agreement shall not operate as a waiver of any future breach of any such provision or any
other provision hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between
the parties as to the subject matter hereof. No subsequent agreement, representation, or
promise made by either party hereto, or by or to an employee, officer, agent or representative
of any party hereto shall be of any effect unless it is in writing and executed by the party to be
bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each party is
of equal bargaining strength, (ii) each party has actively participated in the drafting,
preparation and negotiation of this Agreement, (iii) each such party has consulted with or has
had the opportunity to consult with its own, independent counsel and such other professional
advisors as such party has deemed appropriate, relative to any and all matters contemplated
under this Agreement, (iv) each party and such parry's counsel and advisors have reviewed this
Agreement, (v) each party has agreed to enter into this Agreement following such review and
the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are
9 Revised 5/2000
to be resolved against the drafting party shall not apply in the interpretation of this Agreement,
or any portions hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first above written.
CITY OF NATIONAL CITY
By: By:
George H. Waters, Mayor Steve Nasland
Nasland Engineering
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
(Title)
10
Revised 5n000
City of National City, California
COUNCIL AGENDA STATEMENT
MEET!NG DATE .TTTMF, 5, 7001
4
AGENDA ITEM NO.
ITEM TITLE STREET TREE COMMITTEE MINUTES
PREPARED BY J. RUIZ
EXPLANATION.
DEPARTMENT PARKS & RECREATION
Removal Requests:
1405 E.J30th St.
Requested removal of two bottlebrush trees due to tree roots in plumbing system.
Committee recommends removal with two replacements.
2318 Melrose
Requested removal of tree due to sidewalk damage. Committee recommends removal with
one replacement.
Environmental Review X N/A
Financial Statement
Replacement funds available in 105-442-000-331
Account
STAFF RECOMMENDATION
Approve minutes
BOARD/COMMISSION RECOMMENDATION
Approve minutes
ATTACHMENTS (Listed Below)
Minutes
Resolution No.
A-200 (Rev. 9/80)
City of National City
Parks & Recreation Department
140 East Twelfth Street, Suite A, National City, CA 91950-3312
(619) 336-4290
MINUTES OF THE STREET TREE COMMITTEE MEETING OF MAY 17, 2001
Called to order at 2 pm.
Present: Keen, Schwitkis, and Cesena. Staff: Diaz
Approved minutes of last meeting.
Stree Tree Removal Requests:
R.J. Maxwell
1405 E. 30th St.
Requested removal of two bottlebrush trees due to tree roots in plumbing system.
Committee recommends removal with two replacements.
Porfiro Herrera
2318 Melrose
Requested removal of tree due to sidewalk damage. Committee recommends removal
with one replacement.
Adjourned at 2:10 pm.
® Recycled Paper
City of National City, California
COUNCIL AGENDA STATEMENT
..,EETING DATE June 5, 2001
5
AGENDA ITEM NO.
ITEM TITLE WARRANT REGISTER #47
PREPARED BY T. Limfueco
EXPLANATION
DEPARTMENT
Finance
Ratification of Warrant Register #47 per Government Section Code 37208.
Environmental Review N/A
Financial Statement
Not applicable.
STAFF RECOMMENDATION
Approved By.
finance Directo
Account No.
I recommend ratification of these warrants for a total of $975,951.61
BOARD / COM IS ION RECOMMENDATION
ATTACHMENTS ( Listed Below
1. Warrant Register #47
2. Workers' Comp Warrant Register dated 5/16/01
3. Payroll dated 5/23/01
A20200 (9:991
Resolution No.
MEETING DATE June 5, 2001
City of National City, California
COUNCIL AGENDA STATEMENT
*Refer to Item #2
6
AGENDA ITEM NO.
(-ITEM TITLE
RESOLUTION: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY APPROVING A REALLOCATION OF HOME INVESTMENT
PARTNERSHIP ACT (HOME) FUNDS
PREPARED BY EPARTMENT
Paul Desrochers CDC
EXPLANATION
The City Council held a public hearing, received and considered public input and can now take action
on the above resolution.
See attached EXPLANATION.
(Environmental Review
Financial Statement
No affect. There will be neither a gain nor loss in federal grant monies to the City resulting from this
reallocation.
Account No.
STAFF RECOMMENDATION
That the City Council approve the resolution approving a reallocation of CDBG funds.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
None
Resolution No. 2001-81
A-200 (9/80)
EXPLANATION
On March 20, 2001, South Bay Community Services (SBCS) requested matching funds from the
Community Development Commission (CDC) and Supervisor Greg Cox from the County of San Diego
in the amount of $50,000 to complete the construction of Victorian Heights Transitional Housing located
on 1125-37 B Avenue. The additional funding was needed due to unforeseen conditions at the site and to
provide additional security. At that meeting, the CDC directed staff to come back with a public hearing
and resolution agenda item in order to reallocate $50,000 in HOME funds to SBCS' project.
At this time, SBCS has received confirmation from Supervisor Greg Cox for funding in the amount of
$50,000. Staff is requesting that $50,000 in HOME funds be reallocated from the New Housing
Construction Fund to SBCS for the completion of the Victorian Heights Transitional Housing Project.
RESOLUTION NO. 2001 - 81
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING AND APPROVING A
REALLOCATION OF HOME INVESTMENT
PARTNERSHIP ACT (HOME) FUNDS
WHEREAS, the City of National City administers the allocation of HOME funding
for the Federal Government under the U.S. Department of Housing and Urban Development
(HUD); and
WHEREAS, the City wishes to reallocate program funds that have been
uncommitted and/or unspent; and
WHEREAS, the City Council of the City of National City held a noticed public
hearing on the reallocation of said funds on this date, June 5, 2001; and
"A", attached.
WHEREAS, the City has agreed to reallocate certain funds as shown on Exhibit
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
National City that the HOME funds as shown on the attached Exhibit "A" are approved and the
Mayor is hereby authorized, on behalf of the City Council, to submit a revised final statement to
the U.S. Department of Housing and Urban Development reflecting said amendment
PASSED and ADOPTED this 5th day of June, 2001.
George H. Waters, Chairman
ATTEST:
Michael Dail, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
EXHIBIT A
HOME PROGRAM REALLOCATION OF FUNDING:
FROM:
TO:
Project Amount Fiscal Year
New Housing Construction Fund (g50 000 1999-00
TOTAL $50,000
Project
Amount Fiscal Year
Victorian Heights Transitional Housing Project $50 000 1999-00
TOTAL $50,000
MEETING DATE
City of National City, California
COUNCIL AGENDA STATEMENT
June 5, 2001
AGENDA ITEM NO. 7
ITEM TITLE
RESOLUTION AFFIRMING THE DECISION OF THE CIVIL SERVICE COMMISSION IN THE
MA11'ER OF THE APPEAL OF RICHARD J. EDWORDS.
PREPARED BY
Rudolf Hradecky, Esq.
EXPLANATION
DEPARTMENT
City Attorney 'p
This resolution will memorialize in writing the decision of the City Council made at the May
22, 2001 City Council meeting affirming the decision of the Civil Service Commission in the matter of
the appeal of Firefighter Richard J. Edwords.
(-Environmental Review X N/A
Financial Statement
N/A
Account No.
STAFF RECOMMENDATION
Adopt resolution.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
Resolution
Resolution No.
A-200 (9/80)
RESOLUTION NO. 2001 -82
RESOLUTION ON THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AFFIRMING THE DECISION OF THE
CIVIL SERVICE COMMISSION IN THE
MAI 1ER OF THE APPEAL OF RICHARD J. EDWORDS
WHEREAS, on March 7, 2001, in National City, California, a closed hearing
was held by the Civil Service Commission of the City of National City upon the request of the
appellant, Richard J. Edwords, pursuant to Government Code Section 54957, to consider his
appeal of a demotion from Fire Engineer to Firefighter with the City of National City; and
WHEREAS, after said closed hearing, the Civil Service Commission deliberated
in private and thereafter rendered a written decision containing its FINDINGS and
CONCLUSIONS AND RECOMMENDATIONS; and
WHEREAS, the Civil Service Commission certified its findings and decision to
the appellant Richard J. Edwords, the appointing authority, and the City Council on March 22,
2001; and
WHEREAS, a copy of the decision of the Civil Service Commission is attached
hereto as Exhibit "A"; and
WHEREAS, a written request for council review was timely filed with the
Personnel Officer after the Commission had certified its fmdings and decision; and
WHEREAS, the Personnel Officer thereafter had a transcript of the hearing
before the Civil Service Commission prepared and distributed to the members of the Council,
the appellant, and the appointing authority; and
WHEREAS, Rule 810 of the Civil Service Rules of the City of National City
provides that within sixty (60) days after submittal of a written request for Council review, the
Council shall affirm, revoke or modify the Commission's action, such Council action to be
final and conclusive; and
WHEREAS, a copy of the record of the proceedings before the Civil Service
Commission, including said transcript of the testimony, copies of all documentary evidence
and other exhibits were transmitted and made available to the City Council; and
WHEREAS, at its regular meeting on May 22, 2001, the City Council then
considered the Matter of the Appeal of Richard J. Edwards in open session pursuant to the
request of his representative, Thomas Gill, Esq. under Government Code Section 54957, and
thereafter deliberated upon said matter in closed session, made its findings and hereby
announces through adoption of this Resolution in open session that the appeal has been denied.
Resolution No. 2001— 82
June 5, 2001
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City that the Council makes the following findings:
1. That the only issue before the City Council was whether or not the facts
and circumstances surrounding the violations of the National City Civil Service Rules as
described in the record of the Civil Service Hearing indicated that the decision of the Civil
Service Commission should be affirmed, revoked or modified.
2. That appellant was employed by the City as a Fire Engineer with the
National City Police Department.
3. That by the testimony and exhibits admitted, and the rulings of the Civil
Service Commission, substantial evidence established that Richard J. Edwords, in violation of
Department Regulations, had failed to perform at an expected level or standard in a responsible
and timely manner, and that his conduct was unacceptable for an employee of his tenure.
3. That appellant committed the acts described above, and no evidence
mitigates the seriousness of the violations.
4. That the nature and gravity of the violations is of the most compelling nature,
requiring discipline by the Department in that appellant's performance of duty was unacceptable
and therefore constitutes misconduct of substantial gravity and repetition to justify the discipline
imposed.
5. That the aforementioned conduct of Richard J. Edwords constituted
violations of the following Civil Service Rules:
procedure.
b) Rule VIII, Section 802(d). Incompetence, inefficiency or ineffectiveness
in the performance of duty.
c) Rule VIII, Section 802(h). Failure to perform at expected level or
standard in a responsible and timely manner
a) Rule VIII, Section 802(a). Violation of Department written policy and
7. That appellant Richard J. Edwords has been provided reasonable notice and
opportunity to respond to the charges against him.
8. That all procedural and substantive requirements of the Civil Service Rules
and National City Municipal Code Section 3.28.020 have been met.
Resolution No. 2001— 82
June 5, 2001
Page 3
BE IT FURTHER RESOLVED that based on the above findings, the City
Council orders that the Decision of the National City Civil Service Commission be affirmed as
follows:
That appellant Richard J. Edwords be demoted from the position of
Fire Engineer to Firefighter from his employment with the City of
National City Fire Department.
BE IT FURTHER RESOLVED that the time period within which judicial review
of this decision must be sought is governed by Code of Civil Procedure Section 1094.6, and shall
commence to run from the date this notice of decision is mailed to him.
BE IT FURTHER RESOLVED that the Secretary of the Civil Service
Commission shall forthwith serve a certified copy of this Resolution upon the appellant, Richard
J. Edwords, and execute a certificate of service to be kept with the official records of the City in
connection therewith attesting to the date of service.
PASSED and ADOPTED this 5th day of June, 2001.
George H. Waters, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
1--4.
George H. Eiser, III
City Attorney
Resolution No. 2001-82
CITY OF NATIONAL CITY
CIVIL SERVICE COMMISSION
Statement of Findings and Decision
IN THE MA1'1ER OF
RICHARD J. EDWORDS, FIREFIGHTER
On March 7, 2001, the National City Civil Service Commission ("Commission") met at 5:30
p.m., and established a quorum pursuant to a Notice duly published to hear the appeal from
demotion from Fire Engineer to Firefighter in the matter of Firefighter Richard J. Edwords.
The following parties were present:
Commissioners:
Frank Pekarek
Rita Heuss
Georgia Guarano
Stephen Torres
Appointing Authority: Fire Chief Randy Kimble
Appellant's Representative: Marcia Gascoigne
Secretary to the Commission: Roger DeFratis
Legal Advisor: Rudolf Hradecky, Esq.
Appellant: Not present
The Appointing Authority announced it was ready to proceed. Copies of the Adverse Action
form with exhibits documenting the reasons for the discipline were madeavailable to the
Commission.
Appellant's representative advised the Commission that no presentation would be made, and she
then read into the record two letters advising that Firefighter Edwords was medically unable to
perform the duties of a firefighter. No request for continuance was made, and no other.
explanation or request was tendered to the Commission. Appellant's representative then exited
the room and did not further participate in the proceedings. Copies of those letters are attached
as Exhibits "A" and "B".
The Secretary advised the Commission that this matter had been originally scheduled for
October 19, 2000, and upon appellant's request was continued until January 24, 2001, due to
preparation time; and was rescheduled again at appellant's request to February 7, 2001, due to a
family emergency; and was rescheduled at appellant's request again to March 7, 2001, due to
Mr. Edwords' medical condition, and that, by letter of February 12, 2001, appellant was advised
that no further continuances would be granted. Copies of that correspondence are atB xl its"A"
Exhibit "C" and "D". Page 1
Resolution No. 2001-82
Statement of Findings and Decision — Edwords
Page Two
The Secretary then stated that the letter from appellant's physician does not establish that
appellant was unable to proceed in this appeal, and that no reason now exists not to go forward
with the proceedings.
Thereafter, the Commission, by formal motion, unanimously ruled as follows:
1. That the appellant has had proper notice of the hearing, and that appellant has
elected not to participate by representative or otherwise in the appeal.
2. That appellant's election not to participate in the hearing he requested constitutes a
waiver of his right to a hearing, thereby forfeiting the appeal, and the appeal is
therefore denied.
The Commission further certifies:
• that the requirements of National City Municipal Code Section 3.28.020 have
been met;
• that the appellant has been provided reasonable and adequate notice and
opportunity to respond to the charges; and
• that all requirements of the Civil Service Rules have been met.
Dated: 3 - 2_2_ , 2001. 6/4„,6
Frank i„Pekarek, Chair
NOTICE TO APPELLANT RICHARD J. EDWORDS
Pursuant to Civil Service Rule 810, this decision is final unless you file a written request for a
City Council review of this decision within fifteen (15) calendar days from the date this certified
decision and notice was placed in the mail, addressed to you at your last known address on file in
the City Personnel Department. Any request for review must be mailed to the Personnel
Director, City of National City, 1243 National City Boulevard, National City, CA 91950-4301.
You are further advised that you have ninety (90) calendar days from the date this decision is
final in which to file for judicial review pursuant to Code of Civil Procedure Section 1094.6 or
be forever barred.
Exhibit "A"
Page 2
City of National City, California
COUNCIL AGENDA STATEMENT
*Refer to Item #1
MEETING DATE June 5, 2001 AGENDA ITEM NO. 8
(ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL AMENDING SECTIONS 18.116.060,
18.114.060, AND 18.112.020 OF THE NATIONAL CITY MUNICIPAL CODE CONCERNING THE
FILING OF APPLICATIONS FOR CONDITIONAL USE PERMITS, VARIANCES AND OTHER
DISCRETIONARY APPROVALS. (CASE FILE NO. A-2001-2)
PREPARED Steve DEPARTMENT Planning
EXPLANATION
The amendment is described in a separate agenda statement for a public hearing. In anticipation of
Council approval after conducting the hearing, the ordinance is attached for first reading.
Environmental Review ` /A
Financial Statement
N/A
Account No.
STAFF RECOMMENDATION
Staff concurs with the recommendation The Planning Commission.
BOARD / COMMISSION RECOMMENDATION
The Planning Commission voted unanimously to recommend approval of the amendment.
Ayes: Valderrama, Godshalk, Ungab, Baca, Martinelli, Detzer.
rr
ATTACHMENTS ( Listed Below )
L.. Draft Ordinance
Resolution No.
A-200 (9/80)
ORDINANCE NO. 2001 -
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AMENDING
TITLE 18 OF THE NATIONAL CITY MUNICIPAL CODE BY
AMENDING SECTIONS 18. 116.060, 18.114.060, AND 18.112.020
REGARDING THE FILING OF APPLICATIONS FOR
CONDITIONAL USE PERMITS, VARIANCES
AND OTHER DISCRETIONARY APPROVALS
Applicant: National City Community Development Commission
Case File No. A-2001-2
BE IT ORDAINED by the City Council of the City of National City that Title
18 of the National City Municipal Code is amended as follows:
Section 1. That Section 18.116.060 be amended to read as follows:
18.116.060 Notice and hearing. Upon the filing of an application for a conditional
use permit, which application sets forth fully the grounds therefor and the facts deemed to
justify the granting of the conditional use permit, and is accompanied by the supporting
documents described in Chapter 18.130, the Planning Department shall give public notice, as
provided in Chapter 18.130, of the Planning Commission's intention to consider, at a public
hearing, the granting of such conditional use permit. All applications shall be signed by the
owner of the property involved, by the lessee of the property involved with the consent of the
owner, by the plaintiff in an action of eminent domain in which it is sought to acquire the
property involved, or by a redeveloper who is seeking to redevelop the property involved, and
who is a party to an existing Disposition and Development Agreement with the Community
Development Commission.
Section 2. That Section 18.114.060 be amended to read as follows:
18.114.060 Notice and hearing. Upon the filing of an application for a zone
variance by the property owner, by a lessee with the consent of the owner, or by the plaintiff
in an action in eminent domain in which it is sought to acquire the property involved, which
application sets forth fully the grounds therefor and the facts deemed to justify the granting of
the zone variance, and is accompanied by the supporting documents described in Chapter
18.130, the Planning Department shall give public notice, as provided in Chapter 18.130, of
the Planning Commission's intention to consider, at a public hearing, the granting of such zone
variance. All applications shall be signed by the owner of the property involved, by the lessee
of the property involved with the consent of the owner, by the plaintiff in an action of eminent
domain in which it is sought to acquire the property involved, or by a redeveloper who is
seeking to redevelop the property involved, and who is a party to an existing Disposition and
Development Agreement with the Community Development Commission.
Ordinance No. 2001—
Page Two
Section 3. That Section 18.112.020 be amended to read as follows:
18.112.020 Initiation. The amendments, as specified in Sections 18.112.010
through 18.112.080, may be initiated by:
A. The application of an owner or the agent of such owner seeking an amendment,
supplement to, or change of the regulations prescribed for his property, or the reclassification
of his property;
B. The application of a person authorized to exercise the power of eminent domain;
C. The application of a redeveloper who is seeking to redevelop the property
involved, and who is a party to an existing Disposition and Development Agreement with the
Community Development Commission;
D. Minute action of the City Council;
E. Minute action of the Planning Commission.
PASSED and ADOPTED this day of , 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 June 5, 2001 AGENDA ITEM NO. 9
(-ITEM TITLE
AMENDING TITLE 10 OF THE NCMC BY AMENDING CHAPTER 10.30 REGULATING
ALCOHOLIC BEVERAGES AND REPEALING CHAPTER 10.31 REGULATING THE CONSUMPTION OF
ALCOHOLIC BEVERAGES
PREPARED BY Rudolf Hradecky, Esq.,DEPARTMENT
EXPLANATION
This ordinance combines both Chapters 10.30 and 10.31 into a single Chapter 10.30 regulating
alcoholic beverage consumption in public areas that are not regulated by the Alcoholic Beverages
Commission ("ABC").
The existing prohibitions of both chapters are retained with the same clarifying language. In
addition, a prohibition against drinking or possessing an open alcoholic beverage inside a vehicle that
is not on a highway is added. This prohibition is intended to apply on private property and is based
upon past police experience with noisy parties that began in or clustered around vehicles parked in
driveways. There are also requirements for designated signage at all locations licensed to sell
alcoholic beverages, advising that it is illegal to drink or possess alcoholic beverages or opened
containers of alcoholic beverages in parking lots of those establishments. This requirement is included
to make signage uniform and required for all ABC licensed establishments, versus the optional, non -
required signage currently allowed by ABC under the Business and Professions Code Section 25612.5.
That section of ABC law only requires signage to be posted upon notification to the affected
establishment —typically based upon complaint or violation.
Copies of the proposed draft were circulated to the restaurant and grocery associations.
City Attorney 04
Environmental Review
Financial Statement
N/A
X N/A
Account No.
STAFF RECO E DATION
Adopt resolution.
BOARD I COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed
Resolution
Resolution No.
A-200 (9/80)
ORDINANCE NO. 2001 —
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AMENDING TITLE 10 OF
THE NATIONAL CITY MUNICIPAL CODE BY AMENDING
CHAPTER 10.30 REGULATING ALCOHOLIC BEVERAGES
AND REPEALING CHAPTER 10.31 REGULATING THE
CONSUMPTION OF ALCOHOLIC BEVERAGES
BE IT ORDAINED by the City Council of the City of National City that Title 10 of
the National City Municipal Code is amended as follows:
Section 1. That Chapter 10.31 is repealed.
Section 2. That Chapter 10.30 is amended in its entirety to read as follows:
CHAPTER 10.30
REGULATION OF ALCOHOLIC BEVERAGES
IN PUBLIC VENUES AND PLACES
Sections:
10.30.010 Purpose and intent.
10.30.020 Definitions.
10.30.030 Consumption or posse lion of open alcoholic beverage containers —
Prohibited in parks and adjacent public places.
10.30.040 Exception —City buildings within city parks.
10.30.050 Consumption or possession generally —Unlawful.
10.30.060 Consumption or possession in vehicles Unlawful.
10.30.070 Required signage at licensed premises.
10.30.080 Violation —Penalty.
10.30.010 Purpose and intent. It is the purpose and intent of the City Council to enact
regulations governing the consumption, use or possession of alcoholic beverages and open containers
in those areas that are not expressly regulated by the Business and Professions Code or Vehicle Code,
and which are thereby permissible for local regulation. The City Council finds and determines that
such local regulation is both reasonable and necessary in order to protect the public health, safety, and
welfare in those venues that impact the local citizenry.
10.30.020 Definitions. Within this Chapter 10.30, the following definitions shall apply:
A. "Alcoholic beverages", as defined by Business and Professions Code Section 23004,
means and includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol,
spirits, wine or beer, and which contains one-half of one percent or more of alcohol by volume, and
which is fit for beverage purposes either alone or when diluted, mixed or combined with other
substances.
B. "Open alcoholic beverage container" shall mean and include any can, bottle or other
receptacle containing an alcoholic beverage, which has been opened, or the seal of which has been
broken or removed, or the contents of which have been partially removed.
C. "Highway" is as defined by Vehicle Code Section 360, and means a way or place of
whatever nature, publicly maintained and open to the use of the public for purposes of vehicular
travel. A "highway" includes a street.
10.30.030 Consumption or possession of open alcoholic beverage container —Prohibited
in parks and adjacent public places. A. It is unlawful for any person in any city park or in any
adjacent city -owned public place to consume any alcoholic beverage or to possess an open alcoholic
beverage container.
B. The City Manager shall cause signs to be posted at each pedestrian and vehicle
entrance of a City park advising of this prohibition. Installation of signage shall not be a
prerequisite to enforcement or prosecution.
10.30.040 Exception —City buildings within city parks. Notwithstanding the
provisions of Section 10.30.030, the City Council may allow the sale or use of alcoholic beverages
in a city -owned building located within a public park in conjunction with an application for a
temporary use permit pursuant to chapter 15.60.
10.30.050 Consumption or possession generally —Unlawful. It is unlawful for any
person upon any public street, sidewalk, alley, plaza, public parking lot, private parking lot open
to the public or any undeveloped area within the city limits to consume any alcoholic beverage or
to possess an open alcoholic beverage container without a permit duly issued by the City Manager.
10.30.060 Consumption or possession in vehicles —Unlawful. A. It is unlawful for
any person inside any vehicle not on a highway within the city limits to consume any alcoholic
beverage or to possess an open alcoholic beverage container.
B. Subsection A shall not apply to an open alcoholic beverage container that is
securely locked within a car trunk or locked exterior compartment of any other vehicle.
C. The provisions of this Section 10.30.060 are intended to apply on private property.
10.30.070 Required signage at licensed premises. A. The owner, operator or
proprietor of any premises licensed by the Alcoholic Beverage Commission for the on -premises or
off -premises sale of alcoholic beverages shall post signs in compliance with the requirements and
specifications of Section 10.30.070B on each exterior wall of the licensed premises that faces a
vehicle parking lot, to read as follows:
WARNING
It is unlawful to drink an alcoholic
beverage or to possess an open alcoholic beverage
container in public or in a public parking lot.
NCMC 10.30.050 and 10.30.060.
2001 Ordinance
2
Title 10
Alcoholic Beverages
B. The sign required by Section 10.30.070A shall be a minimum of 18" in width and
24" in height, with black lettering at least 1" in height against a white background. One sign shall
be posted for each 50-foot portion of each facing wall. The bottom of the sign shall be at least 5
feet above the surface of the parking area. The Chief of Police may allow a variance from the
height and separation requirements when necessary due to site conditions.
C. The sign required by Section 10.30.070B is exempt from the sign regulations of
Title 18 of the National City Municipal Code.
D. Any ABC licensee who posts a sign under the provisions of Business and
Professions Code Section 25612.5(C) shall be exempt from the provisions of Section 10.30.070A.
10.30.080 Violation —Penalty. Violation of sections 10.30.030, 10.30.050 or
10.30.060 is a misdemeanor. Violation of any other mandatory provision of this Chapter 10.30 is
an infraction for a first violation, or for a second violation occurring within thirty (30) days of the
first violation; otherwise, a second or subsequent violation shall be charged as a misdemeanor.
Any violation shall carry the penalty prescribed by Section 1.20.010.
PASSED and ADOPTED this day of , 2001.
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. fliser, III
City Attorney
2001 Ordinance
3
George H. Waters, Mayor
Title 10
Alcoholic Beverages
City of National City, California
COUNCIL AGENDA STATEMENT SECOND READING
MEETING DATE June 5, 200.1
AGENDA ITEM NO. 10
%ITEM TITLE ORDINANCE AMENDING TITLE 10 OF THE NATIONAL CITY MUNICIPAL CODE BY\
ADDING CHAPTER 10.47 REGARDING RAPID ENTRY SYSTEMS FOR GATED MULTI -FAMILY
RESIDENTIAL COMMUNITIES Ap
PREPARED BY A. L. DiCERCHIO - DEPARTMENT
CHIEF OF POLICE
EXPLANATION
See Attached Staff Report.
POLICE
This ordinance has been coordinated with the Planning, Building and Safety Departments and the
City Attorney.
A copy of the ordinance was provided to the San Diego Apartment Owners Association.
Environmental Review N/A
Financial Statement
N/A
Account No.
STAFF RECOMMENDATION
Approve the Ordinance
BOARD / COMMISSION RECOMMENDATION
ATTACHMENTS ( Listed Below )
1.) Ordinance
2.) "A Key to Safety" (Staff Report)
Resolution No.
A-200 (9/80)
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AMENDING I 11LE 10 OF THE NATIONAL CITY MUNICIPAL CODE
BY ADDING CHAPTER 10.47 REGARDING RAPID ENTRY SYSTEMS
FOR GATED MULTI -FAMILY RESIDENTIAL COMPLEXES
BE IT ORDAINED by the City Council of the City of National City that the
National City Municipal Code is hereby amended to read as follows:
Section 1. That Title 10 is amended by adding Chapter 10.47 to read as
follows:
CHAPTER 10.47
RAPID ENTRY SYSTEMS FOR GATED
MULTI -FAMILY RESIDENTIAL COMPLEXES
Sections:
10.47.010 Purpose and intent
10.47.020. Definitions
10.47.030 Applicability
10.47.040 Implementation
10.47.050 Enforcement
10.47.010 Purpose and intent. A. The City Council recognizes that there is a need
for public safety officers to gain immediate access to the common areas of gated multi -family
residential complexes when responding to calls for assistance. The presence of a locked gate
delays the response time of the Police Department and can result in an increased danger of bodily
injury or death to persons in need of assistance.
B. The City Council recognizes that specific types of rapid entry systems are already
required under the Uniform Fire Code for fire department access, but that there is also a further
need for a separate, less inclusive, minimally intrusive, means of accessing the common interior
areas of gated residential complexes for emergency police purposes. The City Council therefore
determines that gated multi -family residential complexes shall be required to install and maintain
a separate rapid entry system for police at the main gate to those complexes in order to eliminate
unnecessary bathers and delays that jeopardize public health and safety.
10.47.020 Definitions. "Gated multi -family residential complex" means any
residential, apartment, or condominium complex consisting of three or more dwelling or living
units, any residential care facility, or any other type of institutional residential facility, any of
which have one or more locked security gates at the exterior to the common or interior areas
through which access is provided to individual residential units or rooms, and the perimeter of
the complex is completely gated, fenced or walled.
"Locked security gate" means a gate with a lock that is provided for security purposes to
deny vehicular or pedestrian access, or both, to the common interior area of the complex.
"Rapid entry system" means a lock box positioned at the exterior of the main gate of a
gated multi -family residential complex containing either:
1. • A key to the gate;
2. A separate master key pad for emergency access; or
3. A gate combination for those gates equipped with combination locks.
10.47.030 Applicability. A. All gated multi -family residential complexes with
restricted access through locked security gates shall be equipped with a rapid entry system at or
near the gated main entrances or other access locations designated by the Chief of Police. The
Chief of Police shall designate the type of rapid entry system to be used within the city and shall
have the authority to require all gated multi -family residential communities to use the designated
system. Normally, only one entry point shall be designated, unless the size or layout of the
complex dictates that multiple entry points is necessary.
B. The Chief of Police is authorized to promulgate rules and regulations for the use
of the rapid entry system. The Chief may only require access to the common area or areas of the
complex that allow access to the individual residential units or areas, but not to the interiors of
any residential units or storage areas. Police entry to such areas may be gained only as allowed
by law.
C. The owner or operator of any gated multi -family residential complex required to
have a rapid entry system shall, at all times, keep the rapid entry system in good working order
and equipped with a current key, keypad or combination, as applicable, for quick access at all
times.
10.47.040 Implementation. A. The Building and Safety Director shall not issue any
building permit or approve any final inspection under a building permit to any gated entry multi-
family residential complex hereafter to be constructed, or to any existing complex that is to be so
modified as to require a building permit, unless provision for installation of a rapid entry system
at the main gate or access point has been made. All plans submitted for the issuance of building
permits for qualifying complexes shall contain provisions for a required rapid entry system.
B. All other gated multi -family residential complexes currently in existence that are
subject to this chapter shall have one (1) year from the effective date of this chapter to install an
operational rapid entry system.
C. The Chief of Police shall be responsible for identifying and notifying the
complexes that are subject to this chapter of its requirements, and scheduling necessary
implementation with the owner or operator.
10.47.050 Enforcement. Violations of this chapter may be enforced through
criminal, administrative or civil action, or combination. Violations for a first offense are
infractions and any subsequent violation committed or continued after thirty (30) days from the
date of a first violation shall be a misdemeanor. Penalties are as prescribed in Section 1.20.010
of this code.
-- Signature Page to Follow --
2001 Ordinance 2
Rapid Entry Systems
Ordinance No. 2001 —
Signature Page
PASSED and ADOPTED this day of , 2001.
At _LEST:
Michael R. Dalia, City Clerk
APPROVED AS TO FORM:
ee)LA:31C
George H. Eiser, ffl
City Attorney
George H. Waters, Mayor
2001 Ordinance 3
Rapid Entry Systems
NATIONAL CITY
POLICE
RAPID ENTRY SYSTEM
"A KEY TO SAFETY"
NEIGHBORHOOD POLICING TEAM
THE PROBLEM
The problem facing our police officers is that they are being delayed from reaching
emergency situations due to an inability to get into gated communities/apartment
complexes.
Property owners of apartment buildings and gated communities are following the
advice of the police department to erect security fences and lock gates to prevent
crime by not letting outsiders into the communities. The unfortunate side effect is that
the locked gates are delaying police officers from getting to emergency situations
because they are waiting for gate codes or someone to open the gate.
The traditional approach has been to find a method of entry for each gated
community or each apartment complex. In the past, this was accomplished by
obtaining a key and providing that to the beat officer or having NCPD dispatch
maintain the access code for each complex. The problem is that the Police
Department was not being notified of the changes to the locks or access codes.
The bottom line is safety. Citizens are not safe because the response time for police
officers to come to their rescue is delayed while attempting to get into the
communities. Police Officers are not safe because their cover units or 'cover now'
officers are delayed at the gate. The worst case scenarios would be officers delayed
at the gate while a baby is not breathing, a spouse is being injured during a domestic
violence call or a victim is being robbed or beaten while the police wait to get past the
front gate.
Approximately 1816 individual apartments and another 75 single-family
residences are protected behind these gates in National City. An investigation
conducted by the Neighborhood Policing Team revealed that less than 10% of
the gated communities had the correct access code listed with the police
department.
THE SOLUTION
Fire Departments have long used a 'Rapid Entry System' to provide quick and
easy access into gated apartment complexes. The rapid entry system consists
of specially designed security boxes and key switches to the outer perimeter
gates in which only police personnel have the keys. A police officer will carry one
key that will allow quick access to all of the outer perimeter gates.
THE COST
There would be no cost to the city. The police department will register with the Knox
Corporation and a specific key code will be assigned to the National City Police
Department. The cost to the Gated Community/Apartment Complexes would be the
Knox Key System ($70-$140) and the cost to install the system ($65-$100).
IMPLEMENTING THE PROGRAM
The rapid entry system will be implemented in three phases:
PHASE I: Voluntary Compliance.
The voluntary compliance phase will invite gated communities/apartment
complexes to install the system to provide better service and protection for
their tenants. The Neighborhood Policing Team will provide literature to the
owners on the benefits of the system and request they voluntarily order the
system.
PHASE II: Crime Free Multi Housing Participation.
The Neighborhood Policing Team is in the process of implementing a Crime
Free Multi Housing Project. The Crime Free Multi Housing Project is a
partnership between Apartment Complexes and Police to prevent crime
through education and environmental designs. The Rapid Key Entry System
will be a part of the environmental designs that will be required for an
apartment complex to be in compliance with the Crime Free Multi Housing.
The benefit to the complexes will be a reduction of crime and being certified
as a participant in the Crime Free Multi Housing that they may show to
prospective tenants.
PHASE III: City Ordinance.
The final phase will be to enact a City Ordinance that will require gated
communities/apartment complexes to have a Rapid Entry System installed
and maintained in good working order. The purpose would be to promote the
health, safety and welfare of those citizens who will have their police services
delayed if the system is not mandated. A proposed ordinance is attached.
CONCLUSION
The public will obtain faster response times due to the Rapid Entry System and will
provide trained personnel to such emergencies as people not breathing, violent
crimes in progress and better routine patrol for crime prevention.
SENT BY:NATIONAL-CITY TRAN ; 5-30-01 9:31AM ; 4771531- 619 336 4327;# 1
FAX (01'9 - 334 - 3.2 i
May 30, 2001
John ‘iarnon Myres
2150 McKinley Avenue
NationallICity, Ca 91951
619,1477-2774
•
City Of National City
1243 National City DLVd
National City, CA
ITEM #11
6/5/01
FAX: 619-336-4327
RE: OLD AUSTN!SS 5/22/01
Dear City.Manager:
I respectfully request, In .the June 5th 2001 Council meeting,
a detailed explanation on the council'• refusal to grant me
• conditional use permit and the legal justification for the
denial of a property owner:to use his property in a legally
authorised manner.
Respectfully,
John Vernon Myres
Ci of National City, California
COUNCIL AGENDA STATEME T
MEETING DATE June 5, 2001
AGENDA ITEM NO. 12
ITEM TITLE SCHEDULING FINANCE COMMITTEE REVIEW OF THE 2001-02
ANNUAL BUDGET
PREPARED BY Tom G. McCabe l DEPARTMENT City Manager
EXPLANATION
Staff is nearing completion of the 2001-02 Annual Budget. It is appropriate for the City
Council to schedule the date and time for the Finance Committee review. I am
proposing Monday, June 18, 2001 at 9:00 AM in the Large Conference Room for the
review.
Environmental Review
Financial Statement
N/A
X N/A
STAFF RECOMMENDATION
Direction of Council requested.
BOARD/COMMISSION RECOMMENDATION
N/A
TT .CEMENTS (Listed Below/
None
Account No
Resolution No.
A 200 (Rev. 9/60)
MEETING DATE June 5, 2001
City of National City, California
COUNCIL AGENDA STATEMENT
13
AGENDA ITEM NO.
(-ITEM TITLE NOTICE OF DECISION — PLANNED DEVELOPMENT PERMIT FOR A TRIPLEX
AT 1720 E. 4m STREET (APPLICANT: ROSARIO R. TINA) (CASE FILE NO.: PD-2001-1)
PREPARED BY Jon Cain - Associate PlannerDEPARTMENT Planning
EXPLANATION
The applicant proposes to upgrade an existing single-family home and add two attached units at the rear on a
7,475 square foot lot in the RM-1-PD zone. The lot currently contains a single-family home, although the
zoning allows one unit for every 1,900 square feet of lot size. The property is across the street from Granger
Hall, with a triplex to the west, a 15-unit apartment complex to the east, and single-family homes across the
alley to the south.
The proposal will add a one -car garage and new master bedroom to the existing one-story, one -bedroom
home. A two-story addition at the rear of the home will include one two -bedroom, two -bath unit on each
floor. The structure will have a white stucco exterior with gray, composition shingle roofing. Building
features, which will provide visual interest in compliance with Design Guidelines, include balconies, patios,
and hipped roofs. In addition to the single -car garage, a five -car parking lot is proposed off the alley. A
pedestrian walkway along the west side of the property will lead from the street to the rear parking area. The
ttractive project design will improve the appearance of the property.
The Planning Commission voted to approve the project. There was no testimony in opposition to the project
\at the public hearing.
Environmental Review X NiA Categorical Exemption
Financial Statement
N/A
STAFF RECOMMENDATION
Staff concurs with the decision of t Planning Commission and recommends that the Notice of Decision
be filed.
BOARD / COMMISSION RECOMMENDATION
The Planning Commission voted to approve the Planned Development Permit.
Vote: Ayes —Valderrama, Godshalk, Ungab, Martinelli, Detzer
ATTACHMENTS ( Listed Below )
1. Planning Commission Resolution No. 17-2001
2. Location Map
Resolution No,
A-200 (9/80)
RESOLUTION NO. 17-2001
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A PLANNED DEVELOPMENT PERMIT
FOR A TRIPLEX AT 1720 E. 4TH STREET.
APPLICANT: ROSARIO R. TINA.
CASE FILE NO. PD-2001-1
WHEREAS, the Planning Commission of the City of National City considered a Planned
Development Permit application for a triplex at 1720 E. 4th Street 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. PD-2001-1 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 May 7, 2001, support the following findings:
1. That the site for the proposed use is adequate in size and shape, since the 7,475
square foot property can accommodate the proposed units and required parking and
since the proposal will comply with density requirements and all other Code
requirements and Design Guidelines with the required conditions.
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 proposal will generate little new traffic and will be located on 4th
Street, which is a collector street, and since alley access will be provided to five new
parking spaces.
3. That the proposed use will not have an adverse effect upon adjacent or abutting
properties, since the proposal complies with Land Use Code standards and has a
design that complies with City Design Guidelines and relates to nearby structures.
4. That the proposed use is deemed essential and desirable to the public convenience
and welfare, since the proposal will provide for additional needed housing in an area
that is designated by the General Plan as a Multi -Family Residential Planned
Development (RM-1-PD) area.
BE IT FURTHER RESOLVED that the application for Planned Development Permit is
approved subject to the following conditions:
1. This Planned Development Permit authorizes the development of a triplex on the
property. 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. PD-2001-1, dated 4/26/2001.
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. A drainage plan shall showing all of the proposed and existing on- and off -site
improvements shall be submitted for the review and approval of the City
Engineer. The plan shall be prepared by a Registered Civil Engineer or other
qualified professional, and shall be in accordance with City requirements.
4. Separate alley plans prepared by a Registered Civil Engineer shall be submitted for
the review and approval of the City Engineer. Plans shall show a 13-foot by 65-
foot portion of improvements along the rear property line shall andbe in accordance
with City standards. All improvements shall be constructed.
5. 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. Sprinkler heads shall be
adjusted so as to prevent overspray upon the public sidewalk or street, and the
irrigation mainline upon private property only, as required by the City. The property
owner, or its successors and 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.
6. For PCV lines in the public right-of-way, a metallic identification tape shall be
placed between the bottom layer of the finished surface and the top of the lines.
7. A soils engineering report shall be submitted for the review and approval of the
City Engineer. The report shall address the stability of all existing and proposed
slopes on the property. It shall also address the adequacy of the building pads, the
criteria for any new retaining wall design, the maximum allowable soil bearing
pressure, and the required pavement structural sections for the proposed streets,
the parking areas, and the driveways. At a minimum, the parking lot pavement
sections shall be 2-inch A.C. over 4-inch Class 11 aggregate base. The street
pavement sections shall be in accordance with Standard Drawing G-24 with
National City modifications. All soils report findings shall be part of the
Engineering Department requirements.
8. The deteriorated portions of the existing street improvements (a 4-foot by 20-foot
section of driveway) along the property frontage shall be removed and replaced as
specified by the City Engineer.
9. 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.
10. A permit shall be obtained from the Engineering Department for all improvement
work within the public right-of-way, and the grading construction on private
property.
11. The property owner shall submit a letter to the 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. A 2A:10BC fire extinguisher is required.
13. Building addresses shall be clearly visible from the street on a contrasting
background.
14. Smoke detectors shall be provided in each bedroom and hallways leading to a
sleeping area.
15. Television cable companies shall be notified a minimum of 48 hours prior to filling
of cable trenches.
16. A trash enclosure shall be provided in accordance with city standards. It shall have
a stucco exterior to match the building.
17. Exterior walls of buildings and 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.
18. 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.
19. The garage parking space must be have an unobstructed depth of 19 feet to comply
with minimum parking requirements.
20. The balcony for the second -story unit must be located outside the required setback.
21. The allocations of private and common open space must be modified to comply
with Code requirements.
22. Before this Planned 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
Planned 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 the Planned 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.
23. This permit shall become null and void if not exercised within one year after
adoption of the resolution of approval unless extended according to procedures
specified in Section 18.116.190 of the Municipal Code.
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to
the applicant and to the City Council.
BE IT FINALLY RESOLVED that this Resolution shall become effective and final on
the day following the City Council meeting where the Planning Commission resolution is set for
review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of
that City Council meeting. The City Council may, at that meeting, appeal the decision of the
Planning Commission and set the matter for public hearing.
CERTIFICATION:
This certifies that the Resolution was adopted by the Planning Commission at their meeting of
May 21, 2001, by the following vote:
AYES: VALDERRAMA, GODSHALK, UNBAG, MARTINELLI, DETZER.
NAYS:
ABSENT: PARRA.
ABSTAIN: BACA.
":_pf
PROJECT LOCATION
ZONE BOUNDARY
AN
LOCATION MAP
1720 E. 4th St
PD-2001-01
NATIONAL CITY PLANNING
DTWTE:
INITIAL
HEARING:
5/7/01
MEETING DATE
(-ITEM TITLE DISCLOSURE OF PROPERTY INTERESTS LOCATED WITHIN REDEVELOPMENT PROJECT
AREA; COUNCILMAN NICHOLAS E. INZUNZA
City of National City, California
COUNCIL AGENDA STATEMENT
June 5, 2001
AGENDA ITEM NO. 14
PREPARED BY
EXPLANATION
DEPARTMENT
George H. Riser, rap City Attorney
See attached memorandum and Disclosure Statement.
Environmental Review
Financial Statement
N/A
X N/A
Account No.
STAFF RECOMMENDATION
That disclosure be entered on the minutes.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
Memorandum
Disclosure Statement
Resolution No.
A-200 (9/80)
City of National City
Office of the City Attorney
1243 National City Boulevard, National City, CA 91950-4301
George H. Eiser, Ill • City Attorney
(619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615
TO: City Manager DATE: May 31, 2001
FROM: City Attorney
SUBJECT: Disclosure of Property Interests Located Within Redevelopment Project Area;
Councilman Nicholas E. Inzunza
Attached is a Disclosure of Property Interests Located within Redevelopment Project Area
signed by CDC Councilman Nicholas E. Inz unza. Section 33130 of the Health and Safety
Code (the Community Redevelopment Law) requires that such a statement be entered on the
minutes of the redevelopment agency and of the legislative body (the City Council).
The requirements of Section 33130 are in addition to the disclosure requirements of the
Political Reform Act.
It is requested that this disclosure be entered on the minutes of the City Council at their
meeting of June 5, 2001.
GEORGE H. EISER, III
City Attorney
GHE/gmo
Attachment
cc: Boardmember Inzunza
® Recycled Paper
City of National City
Office of the City Attorney
1243 National City Boulevard, National City, CA 91950-4301
George H. Eiser, Ill • City Attorney
(619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615
TO: City Manager DATE: May 31, 2001
FROM: Councilman Inzunza ,
SUBJECT: Disclosure of Property Interests Located Within Redevelopment Project Area;
Councilman Nicholas E. Inzunza
Pursuant to Section 33130 of the Health and Safety Code, please enter into the minutes of the
June 5, 2001 City Council meeting the fact that I own or have direct or indirect financial
interests in the following properties, located within the National City redevelopment project
area:
Single-family dwelling
1416 East 16th Street
National City, CA 91950
NICHOLAS E. ZUNZA
® Recycled Paper