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HomeMy WebLinkAbout2001 08-21 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY — AUGUST 21, 2001 - 6:00 P.M. OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO KNOW THAT WE APPRECIATE YOUR INVOLVEMENT. ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG BY CITY MANAGER, TOM G. MCCABE INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF AUGUST 7, 2001 MAYOR'S PRESENTATIONS Certificates of Recognition: Rudy Castillo and Jerry J. Neblett COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 8/21/01 PAGE 2 PRESENTATIONS Employee Introduction Program PUBLIC HEARING 1. Continued Public Hearing — Appeal of a Coastal Development Permit for a sandblast materials storage and distribution facility on the south side of Bay Marina Drive approximately 335 feet west of Harrison Avenue/Bay Marina Way. (Applicant: Kleen Blast) (Case File No.: CDP-2001-1) (Planning) **Continued from Council meeting of July 17, 2001** CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Council member, a staff member, or a member of the public. 2. Resolution No. 2001-118 Resolution of the City Council of the City of National City authorizing the Mayor to execute a lease between the City of National City and the National City Adult School. (Public Works) 3. Resolution No. 2001-119 Resolution of the City Council of the City of National City dispensing with the bidding process and authorizing acceptance of a proposal from Parron Hall for ergonomically engineered dispatch work stations and rescinding Resolution No. 2001-90. (Police) COUNCIL AGENDA 8/21/01 PAGE 3 CONSENT CALENDAR (Cont.) 4. Resolution No. 2001-120 Resolution of the City Council of the City of National City authorizing the City Manager to submit the Local Law Enforcement Block Grant Application to the U.S. Department of Justice, Bureau of Justice Assistance and to sign the Grant Award Agreement and all grant related documents. (Police) 5. Resolution No. 2001-121 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Rodgers Police Patrol, Inc. to provide park security services at Kimball Park, Las Palmas Park and El Toyon Park. (Parks & Recreation) 6. Resolution No. 2001-122 Resolution of the City Council of the City of National City authorizing the transfer of $4,500 from Undesignated Fund Balance, 001-2501 to Contractual Services of the Park Fund, 105-442-000-299-0000. (Parks & Recreation) 7. Resolution No. 2001-123 Resolution of the City Council of the City of National City authorizing the City Engineer to establish two red "No Parking" zones adjacent to the driveway at 2138 "C" Avenue. (W. Heath, TSC Item No. 2001-27) (Engineering) 8. Resolution No. 2001-124 Resolution of the City Council of the City of National City authorizing the City Engineer to establish two red "No Parking" zones adjacent to the driveway at 1015 Manchester Street. (S. Miller, TSC Item No. 2001-29) (Engineering) COUNCIL AGENDA 8/21/01 PAGE 4 CONSENT CALENDAR (cont.) 9. Resolution No. 2001-125 Resolution of the City Council of the City of National City authorizing the City of National City to establish angle parking on the south side of 14th Street between National City Boulevard and Hoover Avenue. (J. Currie, TSC Item No. 2001-28) (Engineering) 10. Resolution No. 2001-126 Resolution of the City Council of the City of National City authorizing the City Engineer to expand Parking District "A" by two properties on 21St Street to the east of "A" Avenue. (Engineering) 11. Resolution No. 2001-127 Resolution of the City Council of the City of National City awarding a contract to SRM Construction and paving for the National City Street Resurfacing Project. (Engineering Spec. No. 00-8) (Engineering) 12. Resolution No. 2001-128 Resolution of the City Council of the City of National City authorizing the Mayor to execute Program Supplement Agreement No. M004 to Administering Agency -State Agreement No. 11-5066 for the Plaza Boulevard Widening Project. (Federal Aid Project No. STPL-5066-011) (Engineering/Public Works) 13. Resolution No. 2001-129 Resolution of the City Council of the City of National City approving the final subdivision map for the Paradise Knoll Subdivision at the southeast corner of Ninth Street and Paradise Drive, and accepting a dedication of property for public right-of-way purposes. (Engineering) COUNCIL AGENDA 8/21/01 PAGE 5 CONSENT CALENDAR (Cont.) 14. Resolution No. 2001-130 Resolution of the City Council of the City of National City authorizing execution of Order to Vacate and close the west half of Arcadia Place between 10th and 11th Streets. (Case File No. SC-2001-1) (Planning) 15. WARRANT REGISTER NO. 06 (Finance) Ratification of Demands in the amount of $1,140,404.20. 16. WARRANT REGISTER NO. 07 (Finance) Ratification of Demands in the amount of $314,667.57. 17. Consolidated Cash and Investment Report as of April 30, 2001. (Finance) 18. Claim for Damages: Maria A. Barrios (City Clerk) 19. Claim for Damages: Eric Wayne Smith (City Clerk) NON CONSENT RESOLUTION 20. Resolution No. 2001-131 Resolution of the City Council of the City of National City approving an Interbudget Adjustment Request (IBAR) appropriating $1,260,247 from Sewer Undesignated Fund Balance Account 125-2501 to Wastewater Account 125-422-222-272 Sewer Transportation and Treatment. (Public Works) COUNCIL AGENDA 8/21/01 PAGE 6 ORDINANCE FOR ADOPTION 21. An Ordinance of the City Council of the City of National City amending Title 12 pertaining to noise control. (City Attorney) NEW BUSINESS 22. Report on Specific Plan requirement for the block between 18th and 19th Streets, Wilson and Harding Avenues. (Planning) 23. Notice of Decision — Variance for an 8-foot tall fence along the eastern boundary of the Plaza Manor Apartments, on the west side of Arcadia Place between 10th and 11th Streets. (Applicant: Plaza Manor Preservation, L.P. (Case File No.: Z-2001-12) (Planning) 24. Notice of Decision — Zone variance for an additional freestanding monument sign at 3007 Highland Avenue. (Applicant: Chevron) (Case File No. Z- 2001-8) (Planning) 25. Temporary Use Permit — Seafood City Supermarket — Annual Filippino- Mexicana Karaoke. (Building & Safety) 26. Temporary Use Permit — Epperson Productions — Frank Toyota Tent Sale. (Building & Safety) -* CITY MANAGER --> CITY ATTORNEY COUNCIL AGENDA 8/21/01 PAGE 7 NEW BUSINESS (Cont.) -� OTHER STAFF -+ MAYOR -* CITY COUNCIL 27. MTDB South Bay Study - Councilman Beauchamp 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 Labor Negotiators - Government Code Section 54957.6 Agency Negotiators: Roger DeFratis, Randy Kimble Employee Organization: National City Firefighters' Association COUNCIL AGENDA 8/21/01 PAGE 8 NEW BUSINESS (Cont.) ADJOURNMENT Library Building Workshop — September 4, 2001 at 2:30 p.m. - Large Conference Room, Civic Center Next Regular City Council meeting — September 4, 2001 at 6:00 p.m. — Council Chambers, Civic Center TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE AND TO LISTEN TO IN THE CITY CLERK'S OFFICE City of National City Fire Department 333 E. 16th St., National City, CA 91950-4507 Phone: (619) 336-4550 Fax: (619) 336-4562 August 10, 2001 Rudy Castillo 817 Eta Street #2501 National City, CA 91950 Dear Mr. Castillo: In gratitude for your actions, which resulted in the drowning rescue of Robert McClinton on July 28, 2001, it is the City's•wish to present you with a certificate of recognition at the City Council meeting on August 21, 2001. Mayor Waters will present the certificate and your name will be engraved on the "Commendations by the City Council of the City of National City" plaque located at the Civic Center. I hope that you will be able to attend this presentation. The City Council meeting begins at 6:00 pm on Tuesday, August 21. The presentation will be made shortly after the meeting begins. Please contact my secretary, Judy Wilkins, at 619/336-4553 to confirm your attendance or if you have any questions. Sincerely, 4J//( Randy Kim t�1 , Fire Chief RK:jw Copy: Mayor Waters Tom McCabe, City Manager Platoon Commander Zietlow Captain Hollis NCFD file ® Recycled Paper City of National City Fire Department 333 E. 16th St., National City, CA 91950-4507 Phone: (619) 336-4550 Fax: (619) 336-4562 August 10, 2001 Jerry J. Neblett 817 Eta Street #1004 National City, CA 91950 Dear Mr. Neblett: In gratitude for your actions, which resulted in the drowning rescue of Robert McClinton on July 28, 2001, it is the City's wish to present you with a certificate of recognition at the City Council meeting on August 21, 2001. Mayor Waters will present the certificate and your name will be engraved on the "Commendations by the City Council of the City of National City" plaque located at the Civic Center. I hope that you will be able to attend this presentation. The City Council meeting begins at 6:00 pm on Tuesday, August 21st. The presentation will be made shortly after the meeting begins. Please contact my secretary, Judy Wilkins, at 619/336-4553 to confirm your attendance or if you have any questions. Sincerely, �n ;)4'6- Randy Kimb ire Chief RK:Jw Copy: Mayor Waters Tom McCabe, City Manager Platoon Commander Zietlow Captain Hollis NCFD file —a ® Recycled Paper City of National City Personnel Department 1243 National City Boulevard National City, CA 91950 Phone: (619) 336-4300 TDD: (619) 336-4304 MEMORANDUM DATE August 14, 2001 TO FROM Roger C. DeFratis, Per cDir to SUBJECT : EMPLOYEE INTRODUCTION PROGRAM Park Morse, Assistant City Manager 0r t• o A A At+ . The City Council has requested that all new full-time employees hired each month be invited to the third City Council meeting of each month. The attendance of the employee is voluntary and will not be paid overtime for such appearance. The below department director(s) are requested to extend such an invitation to the listed employee(s) and confirm the employee(s) attendance, if applicable, with the City Manager by the Thursday preceding the meeting. ....................................... DEPARTMENTI DIRECTOR::< ................................... ................................... Burt Myers Charles Watson/Custodian July 10, 2001 Marylou Matienzo Ma. Teresa Mendoza/Accounting Assistant July 16, 2001 Chief DiCerchio Sheilah Carranza/Police Services Officer July 24, 2001 Kathleen Trees Frank Virden/Sr. Building Inspector August 7, 2001 xc: Burt Myers Marylou Matienzo Chief DiCerchio Kathleen Trees RCD:Im Employee Intro ® Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 21, 2001 ITEM TITLE CONTINUED PUBLIC HEARING - APPEAL OF A COASTAL DEVELOPMENT PERMIT FOR A SANDBLAST MATERIALS STORAGE AND DISTRIBUTION FACILITY ON THE SOUTH SIDE OF BAY MARINA DRIVE APPROXIMATELY 335 FEET WEST OF HARRISON AVENUE/BAY MARINA WAY (APPLICANT: KLEEN BLAST.) (CASE FILE NO.: CDP-2001-1) DEPARTMENT PREPARED BY Planning Hoskinson EXPLANATION The applicant requested that the condition of approval requiring permanent restrooms as part of the project be removed because of the difficulty in connecting to the sewer system. Council continued the item from the July 17, 2001 meeting pending additional information to be provided by staff. Council directed staff to research the possible alternatives to hooking up to the sewer, and to determine if the creation of a special assessment district is a viable option to covering the cost of sewer improvements necessary to extend the sewer system to the project site. Additionally, staff was asked to determine whether Riverside Cement, which is located south of the proposed project on the same property, operated with a portable sanitary facility. The Engineering Department researched possible options to connecting to the sewer system. The attached memorandum from Engineering summarizes their research. The preferred option identified by Engineering is for the applicant to extend the existing gravity sewer main along Bay Marina Drive. Riverside Cement does have a portable sanitary facility. Additionally, they have a flush toilet that appears to be hooked to a septic system. The attached Building and Safety Department memorandum confirms that Riverside Cement's restroom facilities are legal, with respect to their codes. 1 AGENDA ITEM NO. Environmental Review Financial Statement N/A N/A Negative Declaration Account No. STAFF RECOMMENDATION taff recommends that the Coastal Development Permit be approved with all of the conditions from lanning Commission Resolution No. 20-2001. BOARD/COMMISSION RECOMMENDATION e Planning Commission voted to approve the Coastal Development Permit. ote: Ayes — Valderrama, Ungab, Baca, Martinelli Nays — Godshalk, Detzer Absent — Parra ATTACHMENT$ (Listed Below) . Engineering Department Memorandum . Building Department Memorandum Resolution No. 3. Previous Council Agenda Statement and attachments dated July 17, 2001 A-200 (Re.. 9/80) City of National City, California COUNCIL AGENDA STATEMENT July 17, 2001 MEETING DATE AGENDA ITEM NO. ITEM TITLE PUBLIC HEARING — APPEAL OF A COASTAL DEVELOPMENT PERMIT FOR A SANDBLAST MATERIALS STORAGE AND DISTRIBUTION FACILITY ON THE SOUTH SIDE OF BAY MARINA DRIVE APPROXIMATELY 335 FEET WEST OF HARRISON AVENUE/BAY MARINA WAY (APPLICANT: KLEEN BLAST.) (CASE FILE NO.: CDP-2001-1) PREPARED BY e. DEPARTMENT Andrew Hoskinson- Assistant Planner Planning ISKIAMMilealed the Planning Commission's approval of this project with a letter dated June 12, 2001. The attached background report describes the proposal in detail. Environmental Review Financial Statement N/A N/ Negative Declaration Account No. STAFF RECOMMENDATION Staff recommends that the Coastal Development Permit be approved with all of the conditions from Plan- ning Commission Resolution No. 20-2001. Rqp BOARD I COMMISSION RECOMMENDATION The Planning Commission voted to approve the Conditional Use Permit. Vote: Ayes — Valderrama, Ungab, Baca, Martinelli Nays — Godschalk, Detzer Absent— Parra ATTACHMENTS (Liisted Below } Resolution No. 1. Background Report 5. Department and Agency Comments 2. Planning Commission Resolution with Findings and Conditions 6. Initial Study 3. Appeal Letter 7. Application and Applicant's Plans 4. Location Map 8. Kleen Blast Operations Information A-200 (9/80) BACKGROUND REPORT The applicant appealed Planning Commission approval of this Coastal Development Permit allowing construction of a sandblast material storage and distribution facility since they object to a condition re- quiring that permanent restroom facilities be provided. The attached appeal letter cites physical and fi- nancial difficulties in connecting to the sewer system. The .84 acre project site is a part of a 18.4 acre, U-shaped property in the Medium Manufacturing -Coastal Zone (MM-CZ). The portion of the parcel where the building will be built is currently vacant. There is an existing concrete batch plant to the south of the proposed use on the same parcel. Properties to the north- east and east are zoned Tourist Commercial and Tourist Commercial -Coastal Zone (CT and CT -CZ), and include the Railcar Plaza across Bay Marina Way, approximately 170 feet to the east. The manufacturing uses to the north, south and west include a warehouse, a concrete batch plant, and auto storage. The project involves the construction of a 4,826 square foot L-shaped building on the south side of Bay Marina Drive for the storage of sandblast material. At Staff s suggestion the applicant will paint the con- crete building brown and tan, and added a hipped roof with asphalt composition shingles to the minimal structure. Additionally, a portion of the front facade of the building, facing Bay Marina. Drive, will be textured. The building will appear to be fully enclosed from Bay Marina Drive and Bay Marina Way; however, the building will not have walls on the south and west. Site improvements also include land- scaping on the north and east sides of the site. The landscaping includes trees and other plantings that will screen the use from Bay Marina Drive and Bay Marina Way. Approximately 16,470 square foot of the site will be paved, and 8 parking spaces will be provided. The applicant will also place a conveyor/stacker on site adjacent to existing railroad tracks. The conveyor/stacker will be used to unload the sandblast material, which will be brought to the site by railcar. The material will either be loaded directly into trucks to be taken off -site or will be moved into the building to be stored as loose bulk. The applicant will bag some of the material in a container, in the southeast corner of the building. The proposal was reviewed for potential environmental impacts. The proposal will not negatively impact air quality as the sandblast material is virtually dust free. The sandblast material is also non -toxic. The project will not impact the existing traffic congestion in the area, as the use will only generate approxi- mately six to ten truck trips per day. The Planning Commission discussed the nature of the sandblast material, the hours of operation and number of truck trips per day, compatibility with future Marina Development, and the lack of perma- nent restroom facilities. The Commission approved the project, as the use is permitted in the zone, and the new building will be compatible with nearby industrial uses. Planning Commission added a condi- tion requiring permanent restroom facilities be constructed prior to occupancy. RESOLUTION NO. 20-2001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT FOR A SAND BLAST MATERIALS STORAGE AND DISTRIBUTION FACILITY ON THE SOUTH SIDE OF BAY MARINA DRIVE APPROXIMATELY 335 FEET WEST OF HARRISON AVENUE/BAY MARINA WAY. APPLICANT: ABEL PARRA FOR KLEEN BLAST ABRASIVES CASE FILE NO. CDP-2001-1 WHEREAS, the Planning Commission of the City of National City considered a Coastal Development Permit application for a sand blast materials storage and distribution facility on the south side of Bay Marina Drive approximately 335 feet west of Harrison Avenue/Bay Marina Way at a duly advertised public hearing held on May 7, 2001, and continued to the meeting of May 21, 2001, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. CDP-2001 and IS-2001-1 which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearings and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearings held on May 7, and May 21, 2001, support the following findings: 1. That granting of the Coastal Development Permit is in conformity with the Certified Local Coastal Program, since the proposed sandblast material storage and distribution facility is an industrial use consistent with the Local Coastal Land Use Plan designation of Medium Manufacturing -Coastal Zone CAM -CZ) applicable to the property. 2. That granting of the Coastal Development Permit is consistent with all other plans and ordinances of the City, since the General Plan identifies this area for medium manufacturing uses and since the project complies with all Land Use Code requirements. BE IT FURTHER RESOLVED that the Planning Commission has considered the proposed Negative Declaration No. IS-2001-1 together with any comments received during the public review process, and finds on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment, approves the Negative Declaration, and authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that the application for Coastal Development Permit is approved subject to the following conditions: 1. This Coastal Development permit authorizes the development of a facility for the storage and distribution of a sand abrasive. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A-2°d revision, Case File no. CDP-2001-1, dated 4/18/01. 2. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 3. A drainage plan shall be submitted showing all of the proposed and existing on -site and off - site improvements. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with City requirements. 4. The deteriorated portions of the existing street improvements (approximately 10' of sidewalk and 15' of driveway) along the property frontages shall be removed and replaced. 5. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, they shall be restored by a licensed land surveyor or civil engineer after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the National City Engineering Department. 6. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. 7. During construction, Fire Department emergency access shall be maintained at all times and no Fire Department equipment or connections shall be obstructed. 8. A trash enclosure shall be provided in accordance with city standards. It shall have an exterior that matches the building. 9. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less than 6 feet shall be treated with "Graffiti Melt Coating" manufactured by Genesis Coatings, Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 10. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 11. The property owner shall submit a letter to Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 12. Before this Coastal Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Coastal Development Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of Coastal Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 13. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 14. Best management practices shall be used during construction and operation to prevent water sedimentation and dust emissions. 15. Thirty percent (30%) of the lower 12 feet of the front wall of the building shall be surfaced with glass, stone, wood, brick or decorative masonry. 16. This Coastal Development Permit shall be valid for one (1) year from the date of final City action. 17. Proposed landscaping shall include planting of tree species determined in consultation with CDC, in lieu of the proposed Eucalyptus trees. 18. The applicant shall remove the north section of the existing chainlink fence if it is agreeable to the property owner. 19. Plans submitted for building permits shall include permanent restroom facilities, which shall be installed prior to occupancy of the structure. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY. RESOLVED that this Resolution shall become effective and final on June 10, 2001 unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on that day. The City Council may appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of June 4, 2001, by the following vote: AYES: VALDERRAMA, UNGAB, BACA, MARTINELLI NAYS: GODSHALK, DETZER ABSENT: PARRA ABSTAIN: ABEL PARRA CONSULTANT PROJECT MANAGEMENT NATIONAL CITY PLANNING DEPARTMENT 845 E. 8TH ST., STE. C ij,g , NATIONAL CITY, CA 91950 .y - C31 PH [619] 474-2243 June 11, 2001 Hon. George Waters, Mayor City of National City 1243 National City Blvd National City, Ca 91950 Ref: CDP-2001-1, IS-2002-1 appeal of condition 19. Hon. Mayor. The above referenced project was approved on May 21, 2001 by the Planning Commission and the subsequent resolution on June 4, 2001, with the following condition: 19. Plans submitted for building permits shall include permanent restroom facilities which shall be installed prior to occupancy of the structure. Kleen Blast appeals the above condition on the following grounds: • The nearest possible connection is approximately 525 — 550 feet from the proposed structure. • It is an unusually large and heavy burden for a project of this size; it will add approximately $70,000 to $80,000 to a project originally estimated at $160,000. • The connection to the existing facilities will disrupt traffic along Bay Marina Drive for weeks, if not months. • A co -tenant is presently on portable sanitary facilities. • The recently constructed railway museum to the east of the proposed project has no permanent connection to City sewer. All of this information was not available to the Planning Commission, Planning Department nor us at the time condition #19 was placed on the facility. Thank you for your consideration. Respectfully, c.c.: Kleen Blast City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax (619) 336-4397 August 15, 2001 To: Roger Post, Planning Department Director From: Burton S. Myers, Public Works Director/City Subject: PUBLIC WORKS DEPARTMENT / ENGy ERING DIVISION RECOMMENDATIONS REGARDING S ' R LATERAL CONNECTION OPTIONS FOR 920 BAY MARINA WAY We have reviewed records and physically inspected the sewer system in the vicinity of 920 Marina Way. This property is not currently served by the City's sewer system. There are basically four options to provide sewer service. Each option is discussed below, followed by the Public Work Department / Engineering Division's recommendation as to the preferred option. 1 Sewer Force Main Connection It has been the policy of the National City Public Works Sewer and Engineering Divisions not to allow direct lateral connection to any sewer force main. This is because a direct force main requires a check valve installation so that sewer only flows from the lateral to the force main. This type of backflow preventer has the tendency to fail over time. When the valve fails, the force main sewage would be pumped into the property lateral and all of the sewer plumbing fixtures. It the case of Bay Marina Way, when the force main is flowing, it is flowing at a rate of 300 gallons/minute. This type of connection would also require sufficient pressure within the connecting lateral to move waste through the check valve for this to become an efficient and viable option. We do not recommend this option. 2. Easement Agreement through Adjacent Property The property owner of 920 Bay Marina Way could propose an easement agreement to the westerly property owner, the Port of San Diego to cross their property and connect into the adjacent 10" main located on Tidelands Avenue. They could also propose a similar easement to the easterly property owner, the Baltimore Northern Santa Fe Railroad, and connect to their lateral, which in turn connects into City's 8" main located at the southern most end of Cleveland Avenue and 25th Street. We do not recommend crossing a private property, or having two properties connected to the system on one lateral, and therefore we do not recommend this option. ® Recycled Paper 3. Septic Tank Installation The City of National City Water and Sewer Municipal Code Section 14.06.130 states that a building must be connected to a City sewer system if such a system (a sewer main) is available within 200 feet of the building. The nearest available gravity main is well beyond 200 feet of the proposed project site, therefore a septic system may be an option. However, the California Regional Water Quality Control Board considers discharges into septic tanks regulated pollutants. A permit for a septic system would be required from the Board. The depth of the water table at this location is approximately 15 feet or less below the site and the site is less than 300 feet from the established mean high tide. These factors may make obtaining a permit very difficult, if not impossible. We do not recommend this option. 4. Extension of Existing Gravity Sewer Main along Bay Marina Drive The Department of Public Works recommends the installation of an 8" gravity main on Bay Marina Drive to serve 920 Bay Marina Way. The 8" main would be extended from a existing manhole located west of the intersection of Haffley Avenue, east on Bay Marina Drive to the eastern most property line of 920 Bay Marina Drive. The main would be terminated by a clean -out at this location. The main would. be located completely within the Public Right of Way. 920 Bay Marina Way could then install a traditional type service lateral to connect to the sewer system. The following is a cost estimate for the gravity main and clean -out installation in the right of way, as well as the private sewer lateral and associated fees. * Gravity Sewer Main Installation Sewer Main Line (500 LF of 8" PVC pipe @ 78 / LF) $39,000 Lateral to property line (40 LF of 6" PVC @ $50 / LF) $2,000 Construction Permit $150 Subtotal $41,150 * Sewer Lateral Connection on Private Property Lateral to Building (70 LF of 4" PVC @ $20/LF) $1,400 District Service Fee (380 LF of property frontage @ $6/LF $2,280 Sewer Permit $60 Subtotal $3,740 Grand Total $44,890 All other existing properties in this area have service available by this "traditional type" connection to the City's sewer system. The only property that would benefit from the extension of the main as described would be 920 Bay Marina Way, and therefore an assessment district is not viable for funding the extension at this time. It is possible if this property, or adjacent properties such as the BNSF property, ever subdivide the proposed sewer main would be used by each of the created properties for sewer service. At that time a fee for the sewer could be assessed to recover some of the installation cost. However we are not aware of any current plans to divide the properties. If the extension of the sewer main becomes a City Capital Improvement Project, it is estimated that it will require 6 month to a year to complete. In the meantime the developer could install temporary facilities until the main is available. A deposit should be required to ensure that at that time the lateral is actually constructed City of National City Building and Safety Department 1243 National City Blvd., National City, CA 91950-4397 (619) 336-4210 Fax (619) 336-4217 August 15, 2001 TO: Roger Post, Director Planning Department FROM: Kathleen Trees, Director Building & Safety Departmen SUBJECT: 920 Bay Marina Dr. azceee.,t.12� The building at 920 Bay Marina Dr. has a restroom connected to a septic tank in addition to the port -a -potty. Our records indicate that permits were pulled for both the septic tank and the restroom. This facility meets current building and plumbing codes. If you have further questions, please contact me at 336-4213. Rervcled Paper PROJECT PARCEL;' PROJECT SITE ZONE BOUNDARY la" a" EXISTING CONCRETE •• BATCH PLANT LOCATION MAP 920 Bay Marina Drive NATIONAL CITY PLANNING GDP-2001-01 DRN. DATE: 04/23/01 INITIAL NEARING: 05/07/01 City o National City Office of the City Engineer 1243 National City Blvd., National City, California 91950-4397 (619) 336-4380 NATIONAL CITY NNING DEPARTMENT };4 J 'ln� January 30, 2001 ENGINEERING REQUIREMENTS FOR NEW STORAGE BUILDING To: Roger G. Post, Director of Planning Department From: Adam J. Landa, Engineering Department Oa - Via: Stephen M. Kirkpatrick, Principal Civil Engineer Subject: NEW STORAGE BUILDING AT 920 BAY MARINA DRIVE 1. A drainage plan shall be submitted showing all of the proposed and existing on -site and off - site improvements. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements (Appendix Chapter 33 C.B.C. and Ordinance 99-2164). 2. The deteriorated portions of the existing street improvements ( approximately 10' of sidewalk and 15' of driveway) along the property frontages shall be removed and replaced (Ordinance 1473, 1491, 1734,1927, 1954, 92-2033). 3. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, they shall be restored by a licensed land surveyor or civil engineer after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the National City Engineering Department (Ordinance 99-2164). 4. A permit shall be obtained from the Engineering Department for all improvement work within the Public Right -of -Way. (Ordinance 1473, 1491, 1734, 1927, 1954, 92-2033). AJL:jha2 920b Dvncr National City Fire Department 333 16th Street National City, California 91950 (619) 336-4550 NATIONAL CITY PLANNING DEPAR'FI T 2 The fire department will require emergency access be maintained at all times and that no fire department equipment or connections be obstructed. If you have any questions please call the number above. Jeff Burriss Deputy Fire Marshal City of National City Building and Safety Department 1243 National City Blvd., National City, CA 91950-4397 (619) 336-4210 Fax (619) 336-4217 January 23, 2001 TO: Planning Department FROM: Kathleen Trees Building & Safeijr Department SUBJECT: 920 Bay Marina Dr. NATIONAL CITY PLANN9 .JG1DLPAR, iMPNT 23. Plans must comply with the 1998 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. NATIONAL CITY PLANNING DEPARTMENT JAil 3 AM POW11191Cniffill EMI COUNTY OF SAN DIEGO Air Pollution Control Board Greg Cox District 1 Dianne Jacob District 2 Pam Slater District 3 Ron Roberts District 4 Bill Horn District 5 Air Pollution Control District R. J. Sommerville Director January 25, 2001 TO: DEPARTMENT OF PLANNING AND LAND USE FROM: AIR POLLUTION CONTROL DISTRICT RE: CASE NO. CDP-2001-1 The following comments are APCD's response to Case No. CDP-2001-1: Dust control measures shall be taken to minimize dust emissions. Applications from the Air Pollution Control District may be required for equipment and processes located on site. Contact the Air Pollution Control District at (858) 650-4700. If you have any questions, please contact Karen Wilkins at (858) 650-4556. KW:el 9150 Chesapeake Drive • San Diego • California 92123-1096 • (858) 650-4700 FAX (858) 650-4659 • Smoking Vehicle Hotline 1-800-28-SMOKE ® Printed on Recycled Pacer JAN-SO-2001 TUE 12:12 ID:COASTAL COMMISSION TEL:619767 2884 r:e+ Date: PROM: r''LANj�j1No�AL erry ti City of National City Planning Department , :?,/ 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR January 18, 2001 JAN 2 5 Ztl01 CITY OF NATIONAL CITY PLANNING DEPARTMENT CAUFORMA COASTAL COMMISSION SUBJECT: Case Pile No: CDP-2001-1 for sand blast materials storartOgialtrittitfiddhiatAtittlay Marina Dr. This Coastal Development Permit has been submitted for Planning Commission consideration. It requests to construct a 5,290 square foot, partially open structure and to pave 5, 330 square feet of a lot area. Please submit your comments or recommendations on the proposed project by January 29, 2001. It is very important that your comments alert us to any aspects of the proposal which conflict with regulations that your department or agency administers. If you have no comments regarding the project, please check and sign below, and return this notice and the enclosed plans. If you have any questions, please contact me at 336-4310. Thank you. Andrew lioskinson Planning Technician ElNo comments cc: Building & Safety Department Engineering Department Fire Department Police Department Port District of San Diego Pacific Bell California Coastal Commission Cox Cable Ultronics, Inc. San Diego Gas & Electric Sweetwater Authority California Regional Water Quality Control Board San Diego Air Pollution Control District sit-e is wi+14.,;lti4Ctakwus,iottis 1.1>fetwel 3UfiSCi t.t;{iovt 0-0 noitees F(pticc lct�.(�✓ siou.11 t' ,rrtC4u cs -1'd Col+ m t trvvto ff �rSf w+�.��e+titew '� ��� Ort � S t� S t.4 1e a4 £Oas.17,-1 P1tt 4.Cj' 00 Recycled Paper IVATiCi*.T I SWEETWATER AUTHORITY 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 httpJ/www.sweetwatecorg. February 6, 2001 ,., GOVERNING BOARD„ MARGARET COOK WELSH, CHAIR JAMES'JIM' DOUD, VICE CHAIR %BUEJARRETT DUO POCKUNGTON GEORGE IL WATERS J.S. SKI WOLNIEWICZ CARY F. WRIGHT WANDA AVERY ASSURER MARISA FARPOOJ-FRIEDMAN SECRETARY Mr. Roger G. Post, Director City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Subject: WATER AVAILABILITY 920 BAY MARINA BLVD., NATIONAL CITY CASE NO.: CDP-2001-1 (SAND BLAST MATERIAL STORAGE AND DISTRIBUTION) SWA Gen. File: Water Availability, 2001 Dear Mr. Post: This letter is in response to a Coastal Development Permit Application for the subject property within the Sweetwater Authority service area. There is a 12-3/4" water main located on the north side of Bay Marina Blvd., adjacent to the proposed development. The Authority's records indicate that there are four water services in the project area. Enclosed is a copy of 1/4 SEC. 175 map, which shows the water facilities. At this time, we cannot comment on the adequacy of the existing system to provide fire protection for this project. As plans develop for structures, the Owner must submit a letter to the Authority from the appropriate fire agency stating fire flow requirements. Based on this requirement, this project may result in the need for new water systems or substantial alteration to the existing water system. The Authority recommends that your Agency work with ours to determine if the existing water facilities are adequate to meet the added demands prior to issuing a building permit. Please note that Sweetwater Authority requires a ten -foot horizontal separation between sewer and water laterals. A Public Water Agency Serving National City, Chula Vista and Surrounding Areas Mr. Roger G. Post City of National City Planning Dept. Re: CASE NO.: CDP-2001-1 If the Owner provides the required fire flow information and entersinto an agreement with the Authority for water facility improvements, if required, water service can be obtained at a pressure ranging from a maximum of 102 p.s.i. to a minimum of 92 p.s.i. If you have any questions, please contact Mr. Russell Collins at 422-8395, ext. 639. Very truly yours, SWEETWATER AUTHORITY Hector Martinez Deputy Chief Engineer HM:LJE enclosure: photocopy of 1/4 SEC. 175 map pc: Kleen Blast Abrasives 2600 Old Crow Canyon Rd. Suite 200 San Ramon, CA 94583 I:\engj,00l\Laurie\Wtravail\920 Bay Marina Kleen Blastdoc City National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR INITIAL STUDY Project plans & Environmental Assessment form received on: February 22, 2001 Environmental Assessment form determined complete by: Andrew Hoskinson, Planning Technician Case File No.: IS-2001-1 Reference Files: CDP-2001-1 Date: March 30, 2001 Initial Study completed by: Andrew Hoskinson Date: April 3, 2001 Address of Project: 920 Bay Marina Drive, National City, CA 91950 Project Description: The proposed project consists of the construction of a 4,826 square foot building roofed and•enclosed on 3 sides for sand blast materials storage, an outdoor under -railroad car conveyor/stacker and associated site improvements, including paving and landscaping. Environmental Setting: The project site is an approximately 0.84 acre portion of an 18.49 acre parcel on Bay Marina Drive. There is a railroad spur adjacent to the project site on the east. Other nearby uses include a cement distribution company, a regional distribution warehouse, an automobile storage lot and the Historic Railcar Plaza. The project site is flat, undeveloped but disturbed land. There are existing juniper trees along the north property line. There is a 30-foot wide asphalt concrete drive aisle that extends along the west property line from Bay Marina Drive to Riverside Cement Co. on the southern portion of the parcel. The site is fenced on the north, west and east. Conclusion: 1) X A Negative Declaration is proposed, since X (a) There is no substantial evidence that the project may have a significant effect on the environment; or (b) The project may result in a significant environmental impact but revisions in the plans by the applicant mitigate or avoid the effects where clearly no significant effects would occur; or 2) An EIR is required since the project may result in a significant environmental impact. RECOMMENDATION: That the decision -making body consider the proposed Negative Declaration together with any comments received during the public review process and find on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. There is no substantial evidence that the project will have a significant impact on the environment based on the following discussion of potential, non -significant impacts. LAND USE: The proposed project is in conformance with the National City General Plan, the Local Coastal Program Land Use Plan and the Manufacturing Medium (MM) zone designation of the proposed site. LIGHT AND GLARE: The sand blast storage facility will include both interior and exterior lighting. City code requires that the proposed lighting be directed away from adjoining properties. In addition, the landscaping proposed for the project will reduce the light and glare from the property. The facility is consistent with the character of the area, which contains other storage and distribution facilities, and will not result in any significant increase in light or glare. ALTERATION OF VIEWS: Currently the project site is vacant land with minimal landscaping The proposed storage facility will have a maximum height of 22 feet 6 inches, and will be visible from nearby - properties. The proposed storage facility and operating equipment would have the most impact on the Railcar Plaza to the east. However, the landscaping proposed with the project will screen the use from the Railcar Plaza, and future tourist developments along Bay Marina Way. Additionally, the landscaping proposed with the project will screen other existing industrial uses to the west of the project site from the Railcar P1a7a The proposed project, including the required landscaping, will not have an adverse impact on views. TRAFFIC: There will be no adverse impacts from traffic associated with the project. The proposed project will employ 5 persons at 920 Bay Marina Drive for a total of 10 to 15 automobile trips per day. Material will be delivered to project site by railcar. The material will be shipped from the site by pneumatic trucks and 10-wheelers. Based on the volume of material being delivered to the site and the capacities of the trucks to transport the material from the site there will be an average of 3 truckloads per day or an average of 6 truck trips per day. The maximum number of truckloads expected in any one day would be 6 to 8 for a total of 12-16 truck trips per day. According to the 1995 National City • Transportation Study Bay Marina Drive, near the project site, is a 4-lane collector with a design capacity of 10,000 ADT. As of 1998, the existing ADT on Bay Marina Drive from Harrison to the I-5 on -ramp was 7,000. The traffic increase associated with the proposed project is insignificant in light of the existing traffic volumes and the design capacity of Bay Marina Drive. Additionally the City has future plans to construct an eastbound travel lane on Bay Marina Drive from Harrison to the I-5 southbound on -ramp to accommodate truck and automobile traffic. NOISE: The proposed project will not produce any adverse impacts associated with noise. Manufacturing uses border the project site on the west, north and south. The closest sensitive noise receptor in the vicinity is the Railcar Plaza, zoned CT (Commercial Tourist), and located over 100 feet from the project's eastern property line. The equipment employed by the proposed project will produce maximum noise levels of 85db averaged over an hour. The loudest piece of equipment, the sewing machine (85db) that is used to close the bags of material will operate in the proposed structure and the rest of the equipment will operate in or near the proposed structure. The maximum exterior noise level for commercial zones, as specified by the National City Municipal Code, is 65db (A). The distance of the Railcar Plaza from the proposed noise sources, the noise screening characteristics of the proposed structure and the existing ambient noise levels in the area reduce the noise potential of the proposed project to an insignificant level. AIR QUALITY: The proposed project will not adversely impact air quality. The proposed project will store and distribute an almost odorless, dust free abrasive material. San Diego County Air Pollution Control District staff has preliminarily indicated that the proposed project will not require any air pollution permits. WATER QUALITY: The proposed project will not result in any adverse impacts to water quality. The existing on -site drainage patterns, to the north, will remain upon project completion. The project is exempted from the requirement of coverage under the NPDES General Permit for Discharge of Storm Water. Associated with Industrial Activity because of the small scale of construction activities, under 1 acre of land disturbed. The sand blast material will be handled and stored under the roof of the proposed building, so there will be little risk of non -hazardous non -soluble materials infiltrating storm water. REFERENCES: Comments from Regional Water Quality Control Board San Diego Region Comments from San Diego County Air Pollution Control District Comments from Sweetwater Authority Harbor District Specific Plan Kleen Blast Letter: Equipment Noise and Project Traffic National City General Plan National City Local Coastal Program National City Municipal Code: Title 12 Noise Control and Title 18 Zoning National City Transportation Study THE CITY OF NATIONAL CITY, CALIFORNIA ENVIRONMENTAL ASSESSMENT FORM NOTICE The information you provide in this form will be used to determine whether or not an environmental impact report is needed. To avoid unnecessary project delays, the information you provide should be complete, accurate and unbiased. CITY OF NATIONAL CITY, CALIFORNIA PLANNING DEPARTMENT INITIAL STUDY GENERAL INFORMATION PLANNING DEPARTMENT FILE NO. (PLEASE PRINT OR TYPE) TYPE OF PERMIT REQUIRED Coss Tis f"J Lv L -o Prri a.%sx TlrM.4 DATE I - g . Lo e PERMIT APPLICANT I( ZitA-Sr PHONE NO.(425i�31-9800 NAME AND ADDRESS OF PERMIT APPLICANT KL '-r- 2Gota 0(.0 Citet..a LoNyt ea Sot 24o S.s'-s pftov CA 9456 NAME AND ADDRESS OF THE PROPERTY OWNER 8... R.w -- 4.'rL u 744 g-11sr Gn.i.w0£G rE 7>2. 5A E....tu 22.05. 357I NAME AND ADDRESS OF THE PERSON WHO PREPARED THE PLAN deLS=t 845 L. RA:. 54. S.1-� C ,L1aT,o.�+at It r f Ga gigs. DATE OF PREPARATION I. (,..e...00411 LEGAL DESCRIPTION OF THE JOB SITE PoRrrov of )a.sR,o..# - ni AP No. 34 SITE ADDRESS 'j Z U a 1. -. iY1 A. 2 i rs a t fi FOR RESIDENTIAL: NO. OF DWELLING UNITS FOR COMMERCIAL: TYPE OF BUILDING SQUARE FOOTAGE FOR INDUSTRIAL: TYPE OF BUILDING SQUARE FOOTAGE OTHER: TYPE OF BUILDING SQUARE FOOTAGE 7^ i L j- iu 5 z9 o S-�. TTY OF NATIONAL CITY, CALIFORNIA INITIAL STUDY (General Instructions) The State of California requires cities to assess the environmental impact of all development projects before permits for such action are issued. The attached form will assist you in presenting the environmental effects of your project. The form consists of the following sections. A. BACKGROUND INFORMATION You will be asked to give a general description of the project and its environmental setting. B. ASSESSMENT OF ENVIRONMENTAL IMPACT You will be asked to respond to a series of yes/no questions. A "yes" answer will mean the project could have significant environmental effects. These.. answers will be reviewed by the Environmental Impact Committee to determine whether an Environmental Impact Report will be required. C. STATBMW OF NO SIGNIFICANT ENVIRONMENTAL EFFECTS You should complete this section only if you answer "yes" to one or more of the questions in Section B, but still believe the project will have no significant environmental effects. D. ADDITIONAL DATA You may be asked to answer other questions and summit additional information to determine whether an EIR is required for the project. If required information is not submitted within four (4) months fr u receipt of written notification by the Planning Department, or an extended period of time acceptable to staff, the application and project shall be considered withdrawn. E. CERTIFICATION You will be asked to certify the truth and accuracy of your statements. INITIAL STUDY (continued) A. Background Information 1. Give a brief description of the proposed project. Include within this discussion the principal engineering proposals. rj eAL /_L r y ON- 2. Describe the environmental setting, including distinguishing natural and man-made characteristics. The discussion should be of the site without (before) the project and include the imme- diate areas surrounding the site. • IE..e__ /a- Tr- /43-c,r-1 £..� A. Background Information 1. Give a brief description of the proposed project. It is proposed to transfer existing operations from a City of San Diego site adjacent to a railroad siding to the National City site where similar railroad siding facilities exist. The operation calls for railroad cars to transport a specialty aggregate [product] into the subject site to be distributed to local and nearby clients. The product is either bagged or distributed in bulk, at the option of the client. In order to unload the product, an under -railroad car conveyor [24"x18'] is used, which is pivoted under the car and then it discharges into a portable 24"x50' conveyor, or stacker. The stacker will either discharge directly into a totally enclosed truck -container which will transport the product directly to the client, or will be discharged onto a skip loader. The skip loader will transport the product to one of 4 storage bins. The bins will be located inside a covered L-shape structured, which will be open on one side. The bins will be separated by commonly used blocks of concrete that typically measure 3'x3'x6', or by tilt -up concrete wall panels. A 9'X8' truck axle platform scale will be placed in the vicinity of the stacker. The L-shape structure will be constructed of tilt -up concrete wall panels and columns; it will cover approximately 5,290 square feet in area and will be 30 feet in depth. The floor will be concrete, and the structure will be covered by a truss -type roofing system. The colors of the L-shaped structure will be sandstone [tan] accentuated with brown trim. The roofing will also be sandstone in color. An 8'X8'x24' portable office and an 8'x8'x24' portable container to house maintenance parts and miscellaneous tools to will be placed within the cover of the L-shaped structure. Portable sanitary facilities will be used on site, the same as used by the bulk cement facility that is also on this parcel. An asphalt concrete apron 12' wide along the L-shaped structure will be part of the improvements; truck parking will be provided along the westerly boundary of the site — on a strip approximately 15' wide by 1.95'; also, an apron will be paved underneath the stacker to assure easy and positive cleanup of any spilled product; the total sum of paving is in the order of 5,330 s.f.. An existing 30' wide a.c. paved driveway traverses the site in a northerly — southerly direction. This driveway will serve a tenant to the south [Pacific Cement] and the applicant. Please refer to plan for extent of pavement. 2. Describe the environmental setting, including natural and man-made characteristics. The project site consists of approximately 0.843 acre of an 18.49 acres parcel and is zoned MM-CZ, appropriate for the intended use. It fronts on Bay Marina Dr [an 80' wide improved street with sidewalks on both sides] and has access via a 30' wide driveway, that is also used by another tenant [Pacific Cement] of the 18.49 acre parcel. The facilities of Pacific Cement are southerly of the proposed project and basically consist of rail car cement unloading facilities, e.g., large overhead silo[s] to store the cement and load the distribution trucks. A 30' paved driveway leads from Bay Marina Dr. through the project site to Pacific Cement; it will serve both tenants. The topography is flat. It has two rail spurs; one that serves Pacific Cement, and the other one that will service the proposed project. The most northerly spur is the southerly boundary of the project site. The project site is fenced on three sides by a 6' chain link fence on the North, East and West there is no fence separating Pacific Cement from the proposed project, and none is proposed. Fronting Bay Marina Dr., the fence is set back approximately 8-1/2 feet from the property line. The fence is interlaced with brown slats on the North side. It is proposed to interlace the fence with matching slats on the East side. There are 13 `twisting junipers' between the fence and the northerly property line spaced approximately 10 feet on center. To the East of the project site is the Rail Depot Museum under construction, separated by approximately 150' of railways. To the North and across Bay Marina Dr., Georgia Pacific has their distributing warehouse facilities. To the West, a car storage lot is adjacent to the property line. Approximately 150 feet westerly of the property line, are the offices of the Department of Social Services, Children's Bureau. Southerly of the site, Pacific Cement has their facilities. There are no natural or man-made features that can be considered unique within the site or adjacent to it, including the Railway Depot Museum. The museum is properly situated in an environment of railways and related industrial facilities. INITIAL STUDY (continued) B. ASSESSMENT OF ENVIRONMENTAL IMPACT Answer the following questions by placing a check in the appropriate space in Column A. Column A Column B Staff Analysis Specific Questions Yes Maybe No 'Yes Maybe No 1. Does the project significantly change the present use of the project area? (The project area includes the im- mediate location of the project, as well as more remote areas that may be directly or indirectly affected by construction and/or operation of the project.) 2. Does the project alter any unique, natural or manmade features? 3. Does the project affect the conser- vation of any natural or scenic re- sources or scarce natural resources? 4. Does the project alter the biological habitat of flora, fauna or endangered species? 5. Does the project alter or change ex- isting features of any ocean, beach, estuary, bay or tidelands? 6. Does the project alter the land form of topography in excess of 25 percent? 7. Will the project contribute to in- crease flooding? 8. Will the project increase the possi- bility of erosion or sedimentation? 9. Does the project involve any geologi- cal hazards? 10. Will the project increase the possi- bility of earth slippage? 11. Will the project contribute advers- ly to the quality of air? INITIAL STUDY (continued) B. ASSESSMENT OE ENVIRONMENTAL IMPACT (continued) Column A 12. Will the project affect the use of existing -or proposed recreational areas? 13. Will the project affect areas of his- toric, archaeological or aesthetic value? (The setting of such sites includes surrounding areas, the nature of which are important to the under- standing and enjoyment of the site itself.) 14. Will the project accelerate the dev- elopment of adjoining non -urban areas? (Examples include the.introduction of facilities such as streets, roads, water mains or sewerage lines in such a manner as to facilitate development or intensification of the use of an area.) Column. B Staff Analysis Yes Maybe No Yes Ma_ No 15. Will the project tax the City's or other agency's ability to provide necessary facilities? 16. Will the project require any variance from existing environmental standards (air, water, noise)? 17. Will the project alter the character of existing communities? (Examples in- clude, but are not limited to: Changes in traffic patterns Effects on access within the com- munity to commercial establish- ments, schools, parks, etc. Introduction of activities not presently found within the community.) 18. Is the land use proposed by the pro- ject in opposition to the City's ex- ..isting: plans, programs, and policies? INITIAL STUDY (continued) B. ASSESSMENT OF ENVIRONMENTAL IMPACT (continued) Column A 19. Will the project require a change in zone, adopted community or general plan? 20. Does the project require any variation from existing codes and ordinances? .21. Will the project significantly change the average population density of the community? 22. Will the project alter the lifestyle of the community? Column B Staff Analysis Yes Maybe No IYes Maybe No 23. Will the project result in overcrowding, a lack of privacy for adjoining develop- ment within the community? 24. Will the project alter or eliminate views? 25. Will the project reduce solar access or opportunities for passive heating and cooling on the site or on nearby property or result in other effects on climate or micro -climate? 26. Will the project result in increased light or glare? 27. Will the project alter or limit access to public facilities or recreational resources? 28. Will the project affect transportation systems? 29. Will the project affect utility networks? 30. Will the project affect the existing community facilities or city services? 31. Does the project involve the demolition or removal of existing improvements? existing the existing ✓ 1 INITIAL STUDY (continued) B. ASSESSMENT OF ENVIRONMENTAL IMPACT (continued) Column A E Column B Staff Analysis Yes Maybe No IYes Maybe No 32. Does. the project alter or improve the employment base of the community? 33. Could the project significantly affect the potential use, extraction, or conser- vation of a scarce natural resource? (Ex- amples include, but are not limited to: Developments which effectively pre- clude the extraction of the regions. rock, sand, gravel, or other mineral resources. Uses which effectively preclude the multiple use of regional natural resources in scarce supply. Activities which tend to diminish the supply or availability of regional natural resources that are in scarce supply.) 34. Are any of the natural or manmade fea- tures in the project area unique, that is not found in other parts of the City, County, State, or nation? (Unique features include those areas, structures, biological phenomena, etc., that exhibit distinguish- ing characteristics not found in other areas, or, only in a small number of other areas. Such features can be either good or bad for human health, safety, comfort, or conveniences.) ENVIRONMEN1TAL ASSESSM!7T STATEMENT (continued) C. STATEMENT OF NO SIGNIFICANT ENVIRONNENTM EFFECTS If you have answered yes to one or more of the questions in Section B, but still think the project will have no significant environmental effects, indicate your reasons below. THIS IS VERY IMPORTANT. Attach aadi tional pages, if necessary. S, 32-; 1714AL P2o.1¢.c7T- w, - - Te 1U$ R. 5 fLmtec.cs.ik*. '�=•'�� n,v l�tee—Gs.<a 7-0 VA7,04—) G.., +y , D. ADDITIONAL DATA 1. If there are any Army Corps of Engineers or other Goverrmiental Agency public notices or permit numbers applicable to this project, cite then and give dates. 2. Estimate the amount of grading in cubic yards. 3. What are the maximum heights of man-made slopes, etc. E. CERTIFICATION I hereby acknowledge that the above Environmental Assessment Statement is true and accurate to the best of my knowledge. Date I - S c) I Date 1- 8• emu( Signed Signed Person who completed this application AL,/ Permit App • Chairman George H.Waters Members Mitch Beauchamp Nick Inzunza Ron Morrison Fred Soto Executive Director Paul Desrochers Interoffice Memo Preserving History... Shaping the Future Community Development Commission of National City NATIONAL CITY PLANNING DEPARTMENT MAY 0 4 2001 Date: 5/04/01 To: Roger Post, Planning Director Cc: Paul Desrochers, Executive Director From: Eric Crockett, Project Coordinator RE: CDP-2001-1,IS-2001-1 (Kleen Blast) The Community Development Commission (CDC) has reviewed the project plans and the Negative Declaration for the proposed development at 920 Bay Marina Drive. The CDC has determined that the proposed development does not comply with the redevelopment goals and objectives for the area as outlined in the redevelopment plan and that the development represents a potential for an adverse effect on the environment requiring an Environmental Impact Report (EIR). The specific concerns are as follows: • NOISE: The proposed use is less than 150 ft from the Tourist Commercial District and will produce noise levels averaged over an hour of 85db, which is louder than the average noise created by aircraft at Lindberg Field. To compare this noise level to existing conditions it is appropriate to review the noise study conducted in August of 1998, by the CDC, on the North side of Bay Marina Drive in front of the Santa Fe Depot. This study found that the average noise dB created by truck traffic and other surrounding uses was only 68.6 dB. A noise study is necessary to evaluate what the parameters where in determining the noise average of 85dB and one should be prepared. • TRAFFIC: Increase in truck traffic into the site. Ingress into the site, without modifications to Bay Marina Drive, will further increase the stacking of trucks along Bay Marina Drive. Currently, traffic backs up when the current tenant of the site enters. To intensify the use and traffic into the site without modifications to Bay Marina Drive, to allow for a dedicated tum pocket into the proposed development site will increase the stacking of trucks and automobiles in front of the Tourist Commercial District located less than 150 ft 5/4/2001 1 www.ci.national-city.ca.us 140 F. 12th Street. Suite B • National City, California 91950-3312 • (619) 336-4250 • fax (619) 336-4286 Interoffice Memo away. A traffic study is necessary to evaluate whether the turning movements into the site would produce an adverse effect on traffic in the area. • LANDSCAPING: The proposed landscaping is not visually compatible with the existing landscaping along Marina Way and Bay Marina Drive. The Port of San Diego is utilizing landscaping along Bay Marina Drive and at the National Distribution Center that complements the landscaping on Marina Way and utilizes the species identified in the Harbor District Specific Area Plan. The CDC would prefer to see landscaping that complements the newly landscaped areas along Marina Way and Bay Marina Drive and that the Eucalyptus Trees be eliminated and replaced with a tree that will not create perches for Raptors preying on species within Paradise Marsh. The CDC does not feel that the proposed use is in accordance with the redevelopment goals for the area. The proposed project represents a potential for an adverse effect on the environment and on the proposed Tourist Commercial uses to the Northeast, East and Paradise Marsh National Wildlife Refuge. The proposed Negative Declaration does not appear to be the proper environmental assessment for the project and an Environmental Impact Report should be prepared to evaluate the noise and traffic impacts associated with the proposed development Further, the existing operations located within Downtown San Diego is not aesthetically pleasing or well maintained creating visual_ blight and the CDC is concerned that the same condition will occur in National City. The CDC does not support the project as submitted because it does not carry out the goals of the Redevelopment Plan for the area and may inhibit future tourist commercial development to the Northeast and East and recommend that and EIR be prepared. 5/04/2001 Item No. 6 May 21, 2001 Initial Study 2001-1: Revised Response to Comments Comment 1: "NOISE: The proposed use is less than 150 feet from the Tourist Commercial District and will produce noise levels averaged over an hour of 85dB, which is louder than the average noise created by aircraft at Lindberg Field. To compare this noise level to existing conditions it is appropriate to review the noise study conducted in August 1998, by the CDC, on the North side of Bay Marina Drive in front of the Santa Fe Depot. This study found that the average noise dB created by truck traffic and other surrounding uses was only 68.6dB. A noise study is necessary to evaluate what the parameters where in determining the noise average of 85dB and one should be prepared." Response to Comment 1: Sound levels for the equipment that will operate at the site were taken by the applicant using a sound level meter equipped with an omnidirectional electret condenser microphone with a range of 50-126 dB. All equipment was measured while under full load. The equipment and their associated noise levels at the source averaged over an hour are presented in Table 1. Table 1: Equipment Noise Measurements Item Activity dB at source dB at 10 feet Forklift Front-end loader Trucks Conveyor system Sewing machine Bag scale Air compressor .loading/unloading material handling transportation material reclocation bagging operation weighing product air supply sourc 75 75 80 70 85 70 75 74 70 76 62 75 65 75 The site is approximately 170 feet from Marina Way, Tourist Commercial Zone to the east. Only the forklift, front-end loader, trucks and conveyor system will operate outside of the cover of the proposed building. As the sound waves travel away from the source the sound energy is dispersed over a greater area decreasing the sound power, resulting in a decrease of 3 dB for each doubling of the distance from the source. The sound of the loudest piece of equipment, the sewing machine (85 dB at the source) would be reduced to 56 dB(A) 140 feet to the northeast at the Commercial Tourist Zone boundary. This factors in the noise attenuation characteristics of the bagging container and the 10-inch thick concrete walls of the building that the sewing machine will be located inside. Community Development Commission staff is aware of the noise potential of the project and are satisfied that the project will not negatively impact the proposed redevelopment uses in the Commercial Tourist Zone. Comment 2: "TRAFFIC: Increase in truck traffic into the site. Ingress into the site, without modifications to Bay Marina Drive, will further increase the stacking of trucks along Bay Marina Drive. Currently, traffic backs up when the current tenant of the site enters. To intensify the use and traffic into the site without modifications to Bay Marina Drive, to allow for a dedicated pocket into the proposed development site will increase the stacking of trucks and automobiles in front of the Tourist Commercial District located less than 150 feet away. A traffic study is necessary to evaluate whether the turning movements into the site would produce an adverse effect on traffic into the area." Response to Comment 2: The proposed project would increase the traffic along Bay Marina Drive by approximately 15 car trips per day, and eight truck trips per day. Each truck trip is the equivalent of approximately two car trips, so there would be a total increase of approximately 31 trips per day. This amounts to an increase of less than .5% on a collector street with over 7,000 Average Daily Trips (ADT) as of 1998. Since the capacity of the roadway is 10,000 ADT, this small increase should not be significant. In addition to the modest number of truck trips, most of the sandblast material would be shipped to the shipyards on Harbor Drive in San Diego, so many of the trucks could be routed west from the project site to Tidelands Avenue. CDC staff is pleased that Kleen Blast has agreed to cooperate with the CDC on future traffic studies and possible future re-routing of truck traffic in the Harbor District Area. Comment 3: "LANDSCAPING: The proposed landscaping is not visually compatible with the existing landscaping along Marina Way, and Bay Marina Drive. The Port of San Diego is utilizing landscaping along Bay Marina Drive and at the National Distribution Center that complements the landscaping on Marina Way and utilizes the species identified in the Harbor District Specific Area Plan. The CDC would prefer to see landscaping that complements the newly landscaped areas along Marina Way and that the Eucalyptus Trees be eliminated and replaced with a tree that will not create perches for Raptors preying on species within Paradise Marsh." Response to Comment 3: The project meets the landscape requirements for a new development in the Medium Manufacturing Zone. Additionally, approval of the Coastal Development Permit requires that a detailed landscape and irrigation plan be submitted to the Planning Director for approval prior to the approval of a building permit. Due to the height of the proposed trees and their distance from the marsh, there are no potential perching opportunities from the proposed landscaping. The applicant has agreed to change tree types to a variety that is more compatible with nearby commercial tourist development. The staff report includes a condition specifying tree types suggested by the Parks and Recreation Department staff for use with this project. The trees would still effectively screen the proposed structure from Bay Marina Drive and Bay Marina Way. NATIONAL CITY, CALIFORNIA COASTAL DEVELOPMENT PERMIT APPLICATION Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 FOR DEPARTMENT USE ONLY Date Received l l a l 61 Received By ivae...1 Assigned to: Case File Number (s) G+b?— gaol —1 Filing Fee $ t Ilco Receipt No. , I S712 E.A.F. Required X Fee $ 3.571) Reviewing Body: Planning Department Planning Commission City Council Appealable to Coastal Commission? YES //C NO All itemsmarked with* to be verifted by staff 1. Applicants Information Applicant's Information Name k'EA.A., ac/a.s,- A , vwsName Address zceao Qco CRew C't IZ.C.1 57( zao ; Sa Au 1.04,,e.4_,C.A 4`5 ea Phone (9zs) 831- 98oe Signature AdC FAX NO.( its) �+31- c 18 3 Date ; . 8 ` - Zeo Coastal Development Permit Application Revised December, 1997 Page 1 of 4 Address Phone Signature FAX NO. Date Agent's Information ts4.5 E.. 84-t 34. J C_ Ili Air if, .uAA— C.:Ir. C.A 9/9Sa (fit )�¢®74-ZL'f3 Eel!rS) 4.74- -4331 t...1P: Zo o / 2. Agent's Authorization 5 c. L(_+I-e.i I, , hereby authorize to act as my agent and to bind me in all matters concerning this application. 1• 8 • Zoe° Signature of Applicant Date 3. Property Owner(s)* Present owner(s) of all property included in this application MUST SIGN HERE: (attach extra sheets if necessary) I (we) the undersigned declare that I (we) am (are) the PROPERTY OWNER(s) and hereby authorize the below signed applicant to act as my (our) agent for the submittal of necessary application materials. Signature of Owner(s) Signature of Owner(s) Name Name Address Address Phone Phone Signature Signature Date Date 4. Project Location Address 4 Sca..7— e 9 Z.0 13 a.1 t1 e 2.1 *Li 14 1> y, (between Ll d r•- . s o ..' A. £ and Ti s Li ) Assessor's Parcel Number(s)* 554. / c, • p-te Lot area (square feet) • f $ . 4 C : Existing use � c, �u Ck �u.f AD-1— l7 � sTn-' �rruiO G >L; 4T' c�� 544 ?-act, �, �C .:a Cam-•.. Adjacent uses ., I . t j L 5-�a. G 5f 6.. wa c hou 4I d,S�i-. 6: J- -a ct ITN � VAcp.% Zoning* n't r1- C. LCP (Land Use Plan) Designation* f IA r+" - C. •Z Coastal Development Permit Application Revised December, 1997 Page 2 of 4 5. Project Description A- r'/ .ac,1-7$2� Name of Project Describe development proposal, including incidental improvements (i.e., street improvements, utilities, etc.): If land division, state number of proposed parcels, parcel sizes, etc.: b / 4 Project height Z. I R T Parking (no. of spaces) 5 Grading required? Building coverage ,szlo Paving coverage S zyoo ) /4 So1►isTl (if yes, attach details and plans) Diking, dredging, or filling of open coastal waters of wetlands? (if yes, attach details) 6. Attachments Proof of applicant's legal interest in the property. Project plans, folded to 81/2" x 11", including site plans, floor plans, elevations, grading and drainage plans, and landscaping plans. (20 sets of project plans are required for coastal development permits that involve Planning Commission action. For permits requiring only Planning Department approval, 4 sets are required). N-O sq.ft. sq.ft. List of: a. all property owners and residents within 100 feet of the property lines of the project site; and b. all other parties known to the applicant to have an interest in the proposed development. (instructions are attached) Coastal Development Permit Application Revised December, 1997 Page 3 of 4 7. Certification Stamped, addressed envelopes for each of the owners, residents, and other parties listed above (additional sets are required for potential appeals to the city). Detailed description (if any, from No. 5 above). I, /16--- ( �"l. ram. --a � hereby declare that the foregoing is, to the best of my knowledge, true and correct and understand that failure to provide truthful and accurate information necessary to process this permit application, or to provide notice as required, may result in delay in processing the application or may constitute grounds for revocation of the permit requested herein. Le'( kt Lc�� Signature of Applicant ta rrAt.' Coastal Development Permit Application Revised December, 1997 Page 4 of 4 5. Project Description [modified 4/9/2001; 4/18/2001] Name of project: Kleen Blast Describe development proposal, .. . . It is proposed to transfer existing operations from a City of San Diego site adjacent to a railroad siding to the National City site where similar railroad siding facilities exist. The operation calls for railroad cars to transport a specialty aggregate [product] into the subject site to be distributed to local and nearby clients. The product is either bagged or distributed in bulk, at the option of the client. In order to unload the product, an under -railroad car conveyor [245x181 is used, which is pivoted under the car and then it discharges into a portable 241'x50' conveyor, or stacker. The stacker will either discharge directly into a totally enclosed truck -container which will transport the product directly to the client, or will be discharged onto a skip loader or 10 yard end dump truck. The skip loader or end dump 10 yard truck will transport the product to one of 4 storage bins. The bins will be located inside a covered L-shape structured, which will be open on one side. The bins will be separated by commonly used blocks of concrete that typically measure 3'x3'x6', or by tilt -up concrete wall panels. It is proposed to replace the portable 245:50' conveyor with a bucket elevator within a year. The elevator will be approximately 32' in height and will have a `footprint' of approximately 5'X7'. Please see accompanying plan and elevations. A 9'X8' truck axle platform scale will be placed in the vicinity of the stacker. The L-shape structure will be constructed of tilt -up concrete wall panels and columns; it will cover approximately 4,826 square feet in area and will be 30 and 25 feet in depth. The floor will be concrete, and the structure will be covered by a truss -type roofing system. NATIONAL CITY PLANNING DEPARTMENT APR 1 a- 7.331 Two [2] 8'X8'x24' wood sided and wood covered storage structures will house maintenance parts, bags, records and miscellaneous tools; these will be placed within the cover of the L-shaped structure. The site will be paved with asphalt concrete to accommodate parking and on -site traffic; truck parking will be provided along the westerly boundary of the site — on a strip approximately 13' wide by 195'; also, an apron will be paved underneath the stacker to assure easy and positive cleanup of any spilled product; the total sum of additional paving is in the order of 1 s.f.. Ia,533 An existing 30' wide a.c. paved driveway traverses the site in a northerly — southerly direction. This driveway will serve a tenant to the south [Pacific Cement] and the applicant. Please refer to plan for extent of pavement. CRAIG L. WULFSBERG Manager Industrial Development City of National City 1243 National City Blvd. National City, California 91950 Burlington Northern Santa Fe 740 East Carnegie Drive San Bernardino, CA 92408-3571 (909) 386-4047 (909) 386-4045 FAX January 2, 2001 Dear Sir or Madam, Burlington Northern Santa Fe Railway (`BNSF') is the owner of certain property located in National City, California 91950, generally described as: 920 Bay Marina Drive (formerly 24th St.) Assessor's Parcel No. 559-160-14. Kleen Blast, located at 2600 Old Crow Canyon Road, Suite 200 in San Ramon, California is in the Process of negotiating with BNSF in order to relocate their facilities from property within the City of San Diego to the BNSF owned property referenced above ("BNSF Property"). In order to develop the BNSF Property for Kleen Blast's purposes, it will be necessary for Kleen Blast to obtain certain permits, including a Coastal Development Permit. We understand that the application for permits may be made by either BNSF, as the recorde oowner or the BNSF ern nt Property, or by any other person who can demonstrate a legal right, to use the property on which the development is to be located. By this letter, BNSF hereby authorizes Kleen Blast to submit all necessary application signature BNSF requires that its materials required for the development of the BNSF Property be required before any permit is actually issued. If there is anything I can help with or any questions, please call. Thank Yo `' t Craig W,lfsberg CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Cv:Sw=fit :,1: i 1;—:, � Q:v!� 1: C;-...< j $vw $v�v,,1v > ti S7S ; ,.. . �C Wit : 1:,r�,xsa$S�-.mot �i : c i, State of California County of 4 ss. 5 On &cL c.4 Date Name and Tile r (e.g., Jane /-Z-aa0/ , before me, personally appeared et 11)al VICTORtAYOHN Convnissian # 1217950 Notary Public -California htiCornrn.ExpirtsiVioyl,2003r Place Notary Seal Above tcce._ Name(s) of hers) - C> personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature y'Notary Pubfic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: /-o?-c 0-e / Signer(s) Other Than Named Above: `---' Capacity(ies) Claimed by Signer Signer's Name: (/L ❑ Individual d Corporate Officer — Title(s): ❑ Partner —0 Limited 0 General O Attorney in Fact ❑ Trustee O Guardian or Conservator ❑ Other. Number of Pages: Signer Is Representing: 4/fj,C /C/9�Y<U RIGHT THUMBPRINT OF SIGNER Top of thumb here ;s O 1997 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder. Call Toll -Free 1-800-876-6827 I 111.0 GAL CRASPEOOCAKRL ACACIA OR EQUAL NORTHERLY VIEW EASTERLY VIEW I.•LQ EKIST.O' OWN LNK FENCE VATN BROM EIATS: KANT 11110E B011 DIEGO EEO' BOUGANVILLFAO 6'OG. ALONG FENCE. COLOR, BKOLWWN COMBO DEIST STALL LSIOVNLSIATS ANO RANT MIKVAN DIEGO KEG' BOUGAINVILLEA O 000. ALONG FENCE. NINf.SCNANNAVKFENCE W W BNOVN MATE MST. I WAN LINK FENCE VAIN IRONN SIATS: PLANT TMEMELN OIE00 REOEtUGAENILLEAO 5'0.0. ALONG FQICE- KLEEN-BLAST PROPOSAL OF MAY 21, 2001 Di-6WLCRASPEOOCERPAACACLA EQUM OSCNMOE CLIMB NICKETFIN 1ll1lllll l `'4' lll1, NORTHERLY VIEW EASTERLY VIEW r.m ICUs TAXIS WELL EMT. IT CHAMOIS MICE MOM SLATE' REDA: WSWO ALCNOFENCE. A MST a CMS LNA FENCE INSTALL mIOAL EYID SLATS REa RQUMNNLIEAO a OC. ALOES FENCE. 6rOIF2YMY EXIST V CNANILNK FENCE W111 BKOANNATE EXIST.. E' OIKN LINK FMCS WM BROW SLATS. PUNT IIaY•EM Okla —REDS EMUEAO 6'OC. A40110 FENCE. Nl OAIVEYMY KLEEN - BLAST PROPOSAL OF MAY 7, 2001 Complies with ANSI 2400.1 Draft Standard for the Preparation of Material Safety Data Sheets, Copyright 1991, Chemical Manufacturers Association HEADQUARTERS 2600 Old Crow Canyon Rd., Suite 2 San Ramon, CA 94583 (925) 831-9800 (800) 356-7323 FAX (925) 831-9183 Wholesale Equipment, Parts, and Supplies A Division of CanAm Minerals Inc.. Material Safety Data Sheet U.S. Department of Labor Complies with OSHA Hazard Communication Standard 29 CFR 1910.1200 WAREHOUSES 1448 St Paul Ave. Tacoma, WA 98421 (253) 383-2168 (800) 228-4786 FAX (253) 383-226i 3650 N.W. Yeon Ave. Portland, OR -97120 (503) 228-3965 (800) 634-8499 FAX (503) 228-6807 30028 Industrial Pkwy. S. Hayward, CA 94544 (510) 471-2100 (800) 227-1134 FAX (510) 471-2447 Section 1: CHEMICAL PRODUCT AND CHEMICAL IDENTIFICATION Identity (as used on label and. list): Synonym(s): 8-12 (Large), 16, 16-30, 35, 30-60 (Fine) (numbers indicated are all nomenclature for sizing) Manufacturer's Name: Emergency Telephone: Information Telephone: Address: Prepared by: Date Prepared: Kleen Blast Kleen Blast Division (925) 831-9800 (925) 831-9800 2600 Old Crow Canyon Rd., Suite 200 San Ramon, CA 94583 Health & Safety 26 December 1993 Revised: May 13, 1998 Section 2: COMPOSITION/INFORMATION ON INGREDIENTS Contents: Vitreous Smelter Slag 99% - 100% C.A.S. #67711-92-6 Formula: Not Applicable Chemical Family: Iron -Calcium -Silicate (complex silicate) with fused oxides of Si, Fe, Ca, Al, Mg. Typical Chemical Composition: 38.1% Si02; 27.4% Fe203; 22.8% CaO; 5.7% A1203; 3.9% MgO; other fused oxides @ <1.0%. Chemical composition shown is typical, elemental concentrations may vary slightly between batches or lots. Note: Kleen Blast contains < 0.1% crystalline silica. All of the U.S. EPA RCRA 8 metals, the 17 California listed metals, the 17 California listed metals, Washington and Oregon listed metals are either nondetected or below the regulatory limits, as well as the lower limits as spedfied by the U.S. Navy under MIL-A-22262A (SH), specifications for blasting abrasives. TCLP, TTLC and STLC analytical results of metal contents are available upon request. Trace levels of heavy metal contaminants may be present so users need to determine employee exposures. Permissible Exposure Limits OSHA PEL: Total Nuisance Dust: 10 mg/m3 Respirable Dust: 5 mg/m3 Kleen Blast 1 Section 3: HAZARDS IDENTIFICATION This product does not contain substances at levels regulated: -by OSHA under 29 CFR 1910.1200 -by USEPA under 40 CFR 302.4 and 40 CFR 355.4 -by USEPA under 40 CFR 261.20 -by USEPA under 40 CFR 116.4 This product is not hazardous material based upon current information and testing results. Kleen Blast has prepared this material safety data sheet in order to provide product information which will assist our customers in complying with all state and federal waste and hazard minimization laws as well as all state and federal transportation laws. Appearance and Odor: Health Hazards (acute): Health Hazards (chronic): Black angular to sub -angular granules with no apparent odor. Trauma hazard associated with handling equipment or sudden release of large volumes. Abrasion injuries possible during blasting operations or similar exposure. Respiratory illness as a result of long-term exposure to particulates is possible. NIOSH-approved particulate respirators should be used during blasting operations. Company testing indicates no PEL exposures in the blasting environment of any trace metal contaminants. Job specific testing needs to conducted by users Physical/Chemical Characteristics Boiling Point NA Vapor Pressure (mm Hg) NA Vapor Density (Air=1) NA Solubility in Water None Section 4: First Aid Measures Specialized medical treatment required: No Toxicity Data: Kleen Blast Specific Gravity (H2O=1) Melting Point Evaporation Rate (Butyl Acetate=1) 2.8 2400 F None None Not toxic to mammals or aquatic environments. Not persistent in the environment. Freshwater and saltwater bioassays performed according to the State of Washington available upon request. 2 Health Hazard Data (non -chemical) Target Organs: Route(s) of Entry: Inhalation Fine particulates (PM- 10) in the form of dust possible during loading/unloading, processing and packaging. Carcinogenicity None Teratogenic No Lungs, eyes, skin. Skin Eyes Ingestion Abrasion injuries with high velocity, direct exposure to skin. Abrasion injuries possible if safety glasses are not worn. Contact lens use may be dangerous when handling this product. Toxic effects will not occur. NTP IARC Monographs OSHA -Regulated No None No Mutagenic No Signs and symptoms of exposure - likely only in extreme and unusual conditions: Inhalation Coughing, shortness of breath Skin Eyes Ingestion Redness, sensitivity Redness, watering Unknown Medical conditions aggravated by exposure - likely only in extreme and unusual conditions: Inhalation Existing disorder increases risk of discomfort and injury. Skin Existing disorder Eyes Contact lens use increases risk of discomfort and injury Ingestion Unknown Emergency and first aid procedures - likely only in extreme and unusual conditions: Trunk/torso/limbs: Skin: Eyes: Inhalation: Ingestion: Follow procedures appropriate to abrasion or trauma injuries Follow procedures appropriate to abrasion injuries. Flush thoroughly with cool running water. Follow procedures appropriate to dust inhalation. Not likely. Kleen Blast 3 Note to physicians: f: No toxic substances are present inroduct. Special Note: Additional health hazards may be encountered during abrasive blasting operations while removing paints, coatings, rust, etc. Specific health hazards and environmental concerns must be properly assessed by the user and/or potential waste generator. Section 5: FIRE AND EXPLOSION HAZARD Flash Point (Method Used): NA Flammable Limits: LEL: NA Pyrophoric, oxidizer, organic peroxide: No Pressurized during shipment: No Extinguishing Media: NA Special Fire Fighting Procedures: NA Unusual Fire/Explosion Hazards: NA Reactivity Data Stability: Stable Conditions to avoid: None Materials to avoid (incompatibility): None Hazardous decomposition or by-products: None Hazardous polymerization: Will not occur UEL: NA Section 6: ACCIDENTAL RELEASE MEASURES Loading/unloading: A release will pose a housekeeping problem. Material should be swept or vacuumed into appropriate containers. Waste disposal method: Precautions to be taken in handling and storing: Exposure Controls: Kleen Blast If the spent grit remains uncontaminated per the Resource Recovery and Conservation Act (RCRA), then the material meets the definition of a solid waste and may be disposed of per local regulations. If the spent grit material has been used in a manner that accumulates contaminates at levels above those specified under RCRA, then the waste is defined as hazardous and must be managed per federal or state regulations governing hazardous waste. Follow good housekeeping practices to reduce practices to reduce airborne emissions. Use approved respiratory protection and clothing in abrasive blast environments. Respiratory protection: NIOSH-approved respiratory equipment for abrasive blast environments. Personal protection: NIOSH-approved garments and head gear during blasting operations. 4 Engineering controls: Local Exhaust Mechanical Exhaust Special Exhaust Other During May be appropriate May be appropriate May be required loading/Unloading during processing. during normal during unusual - abrasive blasting abrasive blasting operations. operations. DEPARTMENT OF TRANSPORTATION REQUIREMENTS Name of Contents: Abrasive grit Constituents: No hazardous substances at regulated levels Hazard Class: Not applicable UN/NA Number: Not applicable Kleen Blast 5 Winston H. Hickox Agency Secretary it Resources Bo Alan C. Lloyd, Ph.D. Chairman 1001 I Street • P.O. Box 2815 • Sacramento, California 95812 • www.arb.ca.gov March 19, 2001 Mr. Greg Weyl Kleen Blast Division, CanAm Minerals 2600 Old Crow Canyon Road, Suite 202 San Ramon, California 94583 Dear Mr. Weyl: Gray Davis Governor Abrasive Blasting Certification We are pleased to inform you that your company's products on the enclosed list have been certified for permissible dry outdoor blasting until August 31, 2002. This certification is based on the presumption that you will pay the invoice for the testing which will be mailed to you. Failure to submit payment of the fee will result in termination of your certification. We will send you a copy of your test results after you have paid the future invoice. Should you have any questions or need further assistance, please contact Ms. Kathryn Gugeler at (916) 327-1521. AU correspondence should be addressed to me at the post office box above. Robert R. Leonard, Chief Surveillance Branch Compliance Division Enclosure California Environmental Protection Agency Printed on Recycled Paper State of California Air Resources Board Executive Order G-00-066 Certification of Abrasives for Permissible Outdoor Blasting WHEREAS, Health and Safety Code section 41900 authorizes the Air Resources Board (ARB) to adopt abrasive blasting standards; WHEREAS, in Title 17, California Code of Regulations, section 92000, et seq. the ARB has established abrasive blasting standards; WHEREAS, Title 17, California Code of Regulations, section 92500(c), provides in part that any permissible abrasive blasting operation conducted outside a permanent building must use exclusively wet abrasive blasting, hydroblasting, vacuum blasting, or abrasives certified by the ARB for permissible dry outdoor blasting; WHEREAS, the abrasives listed in Exhibit A (attached) have been tested in accordance with "Method of Test for Abrasive Media Evaluation," Test Method No. California 371-A, dated May 15, 1975, including the "Visible Emission Evaluation Test Method for Selected Abrasives Used in Permissible Dry Outdoor Blasting" as adopted by the Air Resources Board on April 1, 1991 for some selected abrasives, and all have been found to comply with the abrasive certification performance standards set forth in Title 17, California Code of Regulations, section 92530(b); WHEREAS, the ARB's Executive Officer pursuant to Health and Safety Code section 39516 issued Executive Order G-891 delegating to the Chief of the Board's Compliance Division the authority to certify abrasives in accordance with Title 17, California Code of Regulations, section 92530(a); NOW, THEREFORE, 1, James J. Morgester, Chief of the Air Resources Board's Compliance Division, order certified the abrasives listed in Exhibit A for permissible dry outdoor blasting pursuant to Title 17, California Code of Regulations, section 92530; IT IS FURTHER ORDERED pursuant to Title 17, California Code of Regulations, section 92530 (a), that the certifications granted by this Executive Order will expire on the respective dates listed in Exhibit A and thereafter no previously listed abrasive will be permissible for dry outdoor blasting until recertified in accordance with Title 17, California Code of Regulations, section 92530; IT IS FURTHER ORDERED that Executive Order G-00-058 is superseded by this order. Executed this 26th day of December , 2000 at S. creme -, California. :sue" James J. Morgester, Chief Compliance Division Tim Spurgeon 2600 Old Crow Canyon Road, Suite 2 San Ramon, California 94583 (925) 831-9800 FAX (925) 831-9183 Plant 30028 Industrial Parkway SW Hayward, CA Plant - Pacific Abrasives & Supply, Inc. 2465 Carson Road Grand Forks, BC Canada Distributors for above products: Gordon Sand Company Clint LeGrant 2201 So. Santa Fe Ave. Compton, CA 90221 (323) 774-7930 FAX (310) 537-2483 Kleen Blast Abrasives (Northern California) Don Stephenson 30028 Industrial Parkway Hayward, -CA 94544 _ (925) 471-2100 FAX (925) 471-2447 Kleen Blast Abrasives (Southern California) Rick Christiansen 93 8th Ave. San Diego, CA 92101 (619) 239-1092 FAX (619) 239-1096 Kleen Blast Abrasives (Oregon) Craig Pritchard 3650 N. W. Yeon Ave. Portland, OR 97210 (503) 228-3965 FAX (503) 228-6807 Kleen Blast #30-60/15% Blastox Kleen Blast #16-30/15% Blastox Kleen Blast #35/15% BIastox Kleen Blast #8/12 Kleen Blast #16 Kleen Blast #16/30 Kleen Blast #35 Kleen Blast #30/60 Kleen Blast Abrasives (Washington) Dave Ketrenos 1448 St Paul Ave. Tacoma, WA 98421 (253) 383-2168 FAX•(253) 383-2267 Prime Equipment Company R. Al Williams 2177 Jerrold Avenue San Francisco, CA 94124 (415) 282-7290 FAX (415) 920-0520 USF Surface Preparation Richard S. Brumley 18416 S. Santa Fe Avenue Rancho Dominguez, CA 90221 (310) 637-3427 FAX (310) 637-1198 8/31/01 8/31/01 8/31/01 8/31/02 8/31/02 8/3'1/02 8/31/02 8/31/02 DEPARTMENT OF THE NAVY MARE ISLAND NAVAL SHIPYARD VALLEJO, CALIFORNIA 94522-ST00 IN RETtY REFER TO: 9631 13.- - 'From: Commander, Mare Island Naval Shipyard ..../- To: Commander, Naval Sea Systems•Command (SEA 55Z3) Subj: QUALIFICATION TESTING OF "KLEEN BLAST" ABRASIVE BLASTING MEDIA Ref: (a- NAVSEA ltr 4123 OPR:55Z314 Ser 55Z3/1973 of 20 Jul 87 ((b Military Specification MIL-A-22262A(SH) .. c NAVSHIPYD MARE ltr 9631 Ser134.6/229 of 7'0ct 87 • d Work Request No. 0022187503143-SPEC DEP:3143 of 27 Oct 87 . Encl.., . (1) Test Results for Qualification of "Kleen Blast" to MIL-A-22262A(SH) 1. Reference (a) authorized the Mare Island Naval Shipyard Paint Laboratory (Code 134.6) to test "Kleen Blast" abrasive blasting material to 'determine •_ conformance with the requirements for Type I of reference (b). The required 400-pound sample was submitted as requested by reference (c). The sample was received by the Paint Laboratory on 7 December 1987. Funding was provided by Kleen Blast Division of Leisure Investment. Company per reference (d) on 2 November 1987. • 2. The test results for "Kl.een.Blast".'are forwarded as enclosure (1). All testing requirements conform to the specification, MIL-A-22262A(SH). The metals content was performed by a.laboratory certified by -the State of California to perform analysis for hazardous wastes. "Kleen Blast" is _presently authorized by the California Air Resources Board (CARE) for dry, unconfined blasting. 3. It is recommended that "Kleen Blast" be accepted as a qualified material to MIL-A-22262A(SH). E. SMI By direction Copy to: NAVSEA (SEA 55Z3, Phyllis Parker) NAVSEA (SEA 05M1) Bucket Elevator Page Page 1 of 1 A typical bucket elevator consists of a series of buckets mounted on a chain or conveyor belt moving materials straight up at 90 degrees. This traditional method of conveying is one of the most economical, efficient and dependable means of elevating loose bulk materials. The initial cost is low, maintenance is minimal and a long life can be expected. 12' "Centrifugal" discharge type bucket elevators are designed to handle fine, free flowing type materials which can be dug from the elevator boot. Small lumps can be handled, providing the proper bucket size is used. Buckets on chain or belt, travel at speeds high enough to discharge materials by centrifugal force as they pass around the head terminal. "Continuous" discharge type bucket elevators are often used for and designed to handle sluggish, aerated materials having a lumpy texture. Continuously spaced buckets, traveling at slower speeds than the centrifugal type, are designed so that the fronts and extended sides from a chute as they pass around the head terminal. Gravity causes the material to gently flow out of the buckets and down the chute formed by the preceeding buckets in the discharge spout. CHARGE Bucket elevators requiring special paints, finishes, AR plate liners, lined inlet and discharge chutes can be provided for adverse, severe duty surrounding environmental conditions. HOME Send e-mail to dce(&t, usco.net All Contents Copyright 1996; Dover Conveyor & Equipment Co., Inc. All rights reserved. http://web.tusco.net/dce/bucket.htm 5/9/01 19258319183 MAY-11-2001 FRI 02:07 PM KLEE ST FAX NO. 19258, 83 P. 02 May 8, 2001 gnAgh INDUSTRIAL'SE'RVICES SPENT GRIT REMOVAL 2600 Old Orow Canyon Rd., • Sone 202 • San Ramon, CA 94583-1616 (925) 831-9802 • (925) 831-9183 FAX t To: Mr. Andrew Hosldnson Planning Technician City of National City Planning Department 1243 National City Blvd. National City, CA 91950 Prom: Steve Humphrey Environmental Manager Kleen Industrial Services 2600 Old Crow Canyon Rd. San &unon, CA 94583 Subject: CDP-2001-1 CanAnt Minerals, Inc., DBA Kleen Blast Abrasives Dear Mr. lloskinson, Please accept the following supplemental information for Kleen Blast Inc. in making your recommendation on CDP-2001-1. This letter is in response to concerns voiced at the Planning Commissioners meeting on May 7" `, 2001. There were concerns expressed regarding the appearance of the facility. There was a comparison made to our current location in the San Diego arca. As you may know Kleen Blast Inc., currently resides at 8th Street and Harbor way in San Diego. This site while providing excellent location does not provide proper working surfaces or conditions to effectively manage our operations. Our specific location was actually a dumpsite full of debris when Kleen Blast first took possession. Due to the environmental conditions of the site Kleen Blast has been extremely limited in their ability to improve the site. One of the main factors in relocating to the National City site would be the ability to construct suitable buildings to house our operations. Kleen Blast would also be able to install proper devices in order to maintain the facility in a neat and orderly fashion, (Please sec the attached photographs which depicts one of our typical facilities). The National City site will provide Kleen Blast the opportunity to implement the normal BMP's for one of our distribution centers (please see )3MP's attached). Page: 2 of 4 19258319183 MAY-11-2001 FRI 02:07 PM KLEE AST FAX NO. 19258 ` 183 P. 03 age: 3 of 4 As previously stated the National City Klecn Blast facility will employ approximately 5-7 individuals local to the arca. The anticipated annual sales for this facility would be approximately $1,730,225. Roughly 80% of the gross sales will be retail business_ Thank you for taking the time to review this information. If you require any further data please feel free to contact me at (925) 831-9802. Sincerely, 51 Stove Humphrey Environmental Manager 19258319183 FAX NO. 1925 MAY-11-2001 FRI 02.08 PM KL .AST 83 P. 04 Best Management Practices (BMPs) For Runoff & Pollution Prevention Employees need to make efforts to prevent sediment from entering Stommwater runoff. Employees will take measures that will minimize the accumulation of grit requiring clean-up. Therefore, the following BMPs are being initiated: Training All employees will be trained by the Warehouse manager or his designee as to the particulars of this plan. Annual refresher training will be discussed in October of each year in preparation of the rainy season. in all cases, employees are to be shown job specific measures to be taken to prevent spillage or release of blast media. This training will be added to the new employee -training program. Parking Lot 1) Strictly adhere to exterior cleanup schedule after unloading jobs are completed 2) Consolidate small cleanup piles of virgin grit into bermed bunkers 3) Remove accumulated stockpiles of virgin grit when practical 4) Weekly maintenance will be required when job specific clean up is insufficient at keeping the parking lot clean Garbage Dumpster 1) Keep lid closed When raining: 1) Remove water from railcar unloading hopper as needed We all need to do our part in minimizing sediment in runoff from our property. Adherence to the above procedures and the additional procedures for loading and unloading grit will assist Kieen Blast in doing so. Monitoring of adherence to these BMPs will become part of normally scheduled site inspections. age: 4 of 4 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 21, 2001 (ITEM TITLE RESOLUTION TO APPROVE THE LEASE BETWEEN THE CITY OF NATIONAL' CITY AND THE NATIONAL CITY ADULT SCHOOL AND TO AUTHORIZE THE MAYOR TO EXECUTE THE LEASE PREPARED BY Rhonda Darling DEPARTMENT Public Works EXPLANATION On August 1, 2000, Council approved a Conditional Use Permit to allow the National City Adult School to lease the property at 300 E. 15th Street for the purpose of maintaining an Adult Education School thereon. The lease has now expired, and the applicant is requesting a renewal of their lease agreement with the City of National City for an additional 1-year term. To our knowledge, there are no plans to utilize the property for other purposes within the coming year period although long-range plans show the site may be part of the fire station headquarters project. The clauses of the lease remain the same with a 1-year lease term and allowance for termination of the lease, without cause, upon 30 days written notice. AGENDA ITEM NO. 2 Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A Account No. ATTACHMENTS ( Listed Below) Resolution No. 1 _ 00 J18 A-2Ogi0) 1. Case File NO.: CUP-2000-17 2. Lease agreement between the City of National City and National City Adult School 2001; and RESOLUTION NO. 2001 -118 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A LEASE BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY ADULT SCHOOL WHEREAS, the Council approved a Conditional Use Permit to allow the National City Adult School to lease the property at 300 East 15th Street; and WHEREAS, a lease was entered into on July 11, 2000, and expired July 10, WHEREAS, the National City Adult School has requested that the lease agreement be renewed for an additional one-year term. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a lease between the City of National City and the National City Adult School for one additional year with the same terms and conditions as in the recently expired lease. Said lease is on file in the office of the City Clerk. PASSED and ADOPTED this 21' day of August, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney MEETING DATE August 1, 2000 City of National City, California' COUNCIL AGENDA STATEMENT 4o3-tS-k AGENDA ITEM NO. 18 ITEM TITLE NOTICE OF DECISION — CONDITIONAL USE PERMIT TO ALLOW ADULT SCHOOL CLASSROOMS AT 300 E. 15TH STREET (APPLICANT: NATIONAL CITY ADULT SCHOOL) (CASE FILE NO.: CUP-2000-17) PREPARED BYJon Cain - Associate Plann-AgOARTmENT Planning EXPLANATION The applicant proposes to use the former site of the Philippino American Council of National City (PACNC) Community Center to conduct adult school classes. Proposed classes include Computer Repair, Certified Nurses Assistant Training, English as a Second Language (ESL), Citizenship, Adult Basic Education, GED, and Senior Adult classes. An attendance of 30-50 students is anticipated initially at classes to be conducted between 7:00 a.m. and 9:00 p.m. No change to the exterior of the structures is proposed; the school will occupy the existing buildings. Administrative offices, classrooms and teacher's offices will be located on the site. The adult school is expected to be a short-term use, since the property is part of a proposed Fire Station site. The Planning Commission voted to approve the project at the public hearing. The Commission discussed concerns voiced by citizens present at the public hearing regarding noise, property maintenance, and parking. Conditions of approval address those concerns. The adult school intends to shuttle some students from the 244' Street campus, and school officials anticipate that the existing parking area will be sufficient. Environmental Review x N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Ace Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission voted to approve the Conditional Use Permit. Vote: Ayes — Parra, Martinelli, Baca, Detzer Absent: Ungab, Valderrama, Godshall( ATTACHMENTS (Listed Below ) 1. Planning Commission Resolution No. 11-2000 2. Location Map Resolution No. A-200 (9/80) RESOLUTION NO. 11-2000 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW ADULT SCHOOLCLASSROOMS �T SCHOOL. STREET. 300 E. 15TR APPLICANT: CASE FILE NO. CUP-2000-17 WHEREAS, the Planning Commission of the City of National City considered a applicationCoto allow adult school classrooms at 300 E. 1 do Street a� duly advertised Use Permiteaheld on June 19, 2000, at which time oral duly public hearing evidence was presented; and, public hearing the Planning Commission considered the staff report WHEREAS, at said the City and incorporated contained in File along evio. dence and testimony lch is mat said hearing; and, herein by referenceg uired by StateAREAS, this action is taken pursuant to all applicable procedures req law and City law; and, reservation of WHEREAS, the action recited herein' is found to be essential for the p public health, safety, and general welfare. NOW, THEREFO RE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission the following findings: at the public hearing held on June 19, 2000, support proposed use is adequate in size and shape, since the proposed 1. That the site for the pro p structures on the property. use will be completely contained, within existing property. in width 2. That the site has sufficient access to streets and highways that are adequate the volume and type of traffic generated by the proposed and pavement sincethe ptropospe toed carrycenter use, the proposed use is similar in intensity to the previous community use of the property. 3 That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed school will be similartothe previous community center use of the property and will occupy existing tures. 4. That the proposed use is deemed essential and desirable to the public conveniencelto and welfare, since the facility will increase the educational opportunities the community. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, Mechanical, and Energy Codes and the California Title 24 Handicapped regulations. 2. The lease must be finalized between the City and the applicant prior to use of the property by the school. 3. The Fire Department shall have complete access at all times for emergency responses. 4. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. • 5. Use of the property as authorized by this Conditional Use Permit shall be limited to an adult school with hours of operation between 7:00 a.m. and 9:00 p.m. 6. 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. 7. Existing signage on the property identifying the previous use of the property shall be removed. 8. Fencing shall be installed on the property for security purposes. ' 9. Signage shall be installed indicating that loitering and skateboarding are not permitted on school grounds. 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 July 17, 2000, by the following vote: AYES: PARRA, MARTINELLI, BACA, DETZER NAYS: ABSENT: UNGAB, VALDERRAMA, GQDSBALK ABSTAIN: 00 • KIMBALL PARK IC -OS 16 th. y �!} O Sq icx I (p► J&FJ 2 3I 4 eo sw o '1 �, ' 1M4 ° 552 0 /rei RM-3-PD 14th /419 MAP . Nq 149 N 15th' C I�* /5/2 j1 '"m RS-3-PC w 1 ,6--2— E'i W < i352 1523 :121I /SSG IMUM101116.W111110110111611011•01 St MUM in, IC -OS /7e/ 11 AA rl InA PROPOSED SCHOOL SITE ammo ZONE BOUNDARY /535 DRN. DATE: SCALE: 6/5/2000 SCALE:' LOCATION MAP INITIAL. F `"' NORTH CUP-2000-17 HEARING: 300 E. 15thStreet NATIONAL CITY PLANNING 6/19/2000 LEASE This Lease, made and entered in this 12th day of July 2001, by and between the City of National City, California, hereinafter designated as "City", and National City Adult School, part of the Adult Division of the Sweetwater Union High School District, hereinafter designated as "Lessee." RECITALS A. Lessee is desirous of utilizing certain improved real property located at 300 15th Street, National City, California 91950, owned by the City for the purpose of maintaining an Adult Education School thereon. B. The use of said property for the purpose aforementioned will promote the general welfare of the inhabitants of the City of National City. NOW, THREFORE, the parties hereto agree as follow: 1. Premises. The real property, which is the subject of this Lease is situated in the City of National City, County of San Diego, State of California, and described in Exhibit "A", which is attached hereto and incorporated herein by reference. 2 Term. The term of this Lease shall be for a period of one (1) year from the date first written above. 3. Rent. The City and Lessee acknowledge that the rent (consideration) for this Lease shall be the mutual benefit to be derived from Lessee's use and maintenance of an Adult Education School on the premises. 4. Use. The above -described premises are to be used by Lessee for the purpose of maintaining an Adult Education School with functions from Monday through Friday, 7:00 a.m. to 10:00 p.m., and with Lessee or its invitees off the premises by 10:30 I p.m. The premises will be used exclusively, and for no other purpose than to maintain said Adult Education School, to promote the physical, mental and moral well-being of the citizens of National City and the community in general of the City of National City and territory adjacent thereto, and to provide such means of education and community services as may seem most likely and desirable for the accomplishment of the purpose herein set forth. The Lessee may arrange for other uses of a portion of the premises so long as the use is consistent with the permitted uses herein and that said use does not conflict with any other terms and conditions of this Lease. Such use must be approved in advance by the City Manager or his designee. No "for profit" entity may use the premises. In using the premises, Lessee and its invitees shall ensure that all food and beverages are consumed inside the building; that any invitee use only that part of the building agreed upon with Lessee; that there be no parking in front of the doors on the west side of the building; and that when the parking lot is full, invitees be directed to park on 15th Street. 5. Improvements. Lessee shall bear the entire expense arising by reason of any improvements it makes on the premises, and the operation and maintenance thereof, which shall conform with all the requirements of laws of the State of California and the ordinances of the City of National City. Any permanent improvements shall require the advance written approval from the City Manager or his designee. 6. Maintenance and Repair. The City shall not be liable for the repair or upkeep and/or maintenance of the premises including any improvements. Lessee shall be responsible for all maintenance, including janitorial and repair, along with the costs of all 2 utilities on the premises. Lessee shall, to the satisfaction of the City, keep the premises in as good order, condition and repair as reasonable use and wear thereof will permit. 7. Utilities. The utility costs for the subject property, including gas, electric, water, telephone, security, fire alarm, trash, and sewer, shall be the sole responsibility of Lessee. 8. Insurance. The Lessee, at its sole cost and expense, shall purchase and maintain throughout the term of this Lease, the following insurance policies: a. Comprehensive general liability insurance, with minimum policy limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Lease; and b. Workers' Compensation insurance covering all of its employees and volunteers. c. The aforesaid policies shall constitute primary insurance as to the City, its officers, employees, and volunteers, subject to lessee's obligations outlined in Article 9, Hold Harmless, and 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. d. Said policies, except for the workers' compensation policies, shall name the City and its officers, agents, and employees as additional insureds. e. This Lease shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with, 3 and approved by the City of National City's Risk Manager. If the Lessee does not keep all of such insurance policies in full force and effect at all times during terms of this Lease, the City may elect to treat the failure to maintain the requisite insurance as a breach of this Lease and terminate the Lease as provided herein. f. If required insurance coverage is provided on a "claims made" rather than an "occurrence" form, the Contractor shall maintain such insurance coverage for three (3) years after expiration of the term (and any extension) of this Lease. g. Any aggregate insurance limits must apply solely to this Lease. h. The City shall keep the buildings, improvements, and personal property owned by the City located on the premises insured against loss or damage by fire in the amount of not less than ninety (90) percent of replacement value. i. Insurance provisions of this Lease may be reviewed at any time by the City and the required coverages may be increased as deemed necessary by the City. 9. Hold Harmless. Lessee hereby agrees to indemnify, defend, and hold harmless the City of National City, its officers, agents, employees, and volunteers, from any and all liability, loss, claims, damages, or injuries to any person or property, including injury to Lessee's employees, and all expenses of investigating and defending against same, arising from or connected with performance of or failure to perform the obligations of this Lease, or caused by the acts of Lessee, its officers, agents, or volunteers. 10. Inspection. The City, by and through its proper officers, reserves and shall always have the right to enter the premises for the purpose of viewing and ascertaining the conditions of the same and the operation and maintenance thereof. 11. Termination. Notwithstanding the provisions of Section 2, either the City or Lessee may terminate this Lease or any extension thereof, without cause, upon thirty- (30) days written notice to the other party. 12. Removal of improvements. At the termination or expiration of this Lease or any renewal thereof, Lessee shall, within thirty (30) days of written request by the City, remove any and all personal property placed or erected on the premises, during the term thereof, or any renewal thereof, and all expense connected with such removal shall be borne by Lessee. The City shall have the right to sell, destroy, remove, or otherwise dispose of any such personal property left on the premises longer than thirty (30) days after termination of this Lease. 13. Non -Discrimination. Lessee agrees that there shall be no discrimination against or segregation of any person or group of persons, because of race, color, creed, national origin, sex, sexual orientation, ancestry, marital status, physical handicap, or medical condition, in the use occupancy, or enjoyment of the premises, nor shall Lessee, or any person claiming under or through it, establish or permit any such practice or practices or discrimination or segregation with reference to the selection, location, number, use, or occupancy of users in the premises. 5 14. Waiver. The failure or omission of the City to terminate this Lease for any violations of any of its terms, conditions, or covenants shall in no way deemed to be a consent by the City to such violation and shall in no way bar, stop or prevent the City from terminating this Lease thereafter, either for such or for any subsequent violation of such term, condition or covenant. 15. Signs. Lessee agrees that no sign, advertisement, or notice shall be inscribed, painted or affixed on or to any part or portion of the outside of the premises except to be of such type, color, size and style, and in such place as may approved by the City of National City. 16. Taxes. Lessee recognizes and understands that this Lease may create a possessory interest subject to property taxation and that Lessee may be subject to the payment of property taxes levied on such interest. Lessee further agrees to pay any and all property taxes, if any assessed during the term of this Lease pursuant to 107 and 107.1 of the Revenue and Taxation Code against Lessee's possessory interest in the premises. 17. Prohibited Activities of Lessee. It is specifically prohibited for Lessee to sponsor, engage in, or permit any of the following activities upon the premises: a. Outdoor live or broadcast entertainment, music, dancing, arcades, or carnival type attractions or rides without a valid Temporary Use Permit (TUP) issued by the City of National City. b. Consumption of alcoholic beverages, unless prior written approval of the City Council and the State Department of Alcoholic Beverage Control is first obtained. c. Smoking inside the building. 6 18. Notice. Notices pursuant to this Lease shall be by personal delivery or by deposit in the United States Postal Service, first-class, postage -prepaid, and addressed as follows: Lessee: NATIONAL CITY ADULT SCHOOL A DIVISION OF THE SWEETWATER UNION HIGH SCHOOL DISTRICT Attn: Andrew B. Campbell Assistant Superintendent of Planning and Facilities 1130 Fifth Street Chula Vista, California 91911 City: CITY OF NATIONAL CITY Attn: Tom McCabe, City Manager 1243 National City Boulevard National City, CA 91950 19. Compliance with all Laws and Ordinance. Lessee and City shall at all times comply with all provisions of applicable state and federal laws, all City rules and regulations, and the ordinances of the City of National City. 20. Validity. The invalidity in whole or part, of any provisions of this Lease, shall not affect the validity of any other provisions hereof. 21. Complete Lease. This Lease contains the complete and entire Lease between the parties and supersedes any previous communications, representations, or agreements, whether verbal or written, with respect to this subject matter. No change, addition, or modification of any of the terms or conditions of this Lease shall be valid or binding on the parties, unless in writing and signed by the parties. 7 22. Assignment. Lessee shall not assign or transfer this Lease, or any part thereof, without the written consent of the City. IN WITNESS WHEREOF, this Lease has been entered into on the date first above written. THE CITY OF NATIONAL CITY BY: BY: Mayor George W. Waters NATIONAL CITY ADULT SCHOOL, A DIVISION OF THE SWEETWATER UNION SCHOOL DISTRICT Andrew B. Campbel As APPROVED AS TO FORM: cU r y �rcts arming and Facilities George H. Eiser, III City Attorney Or-0 8 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE AUGUST 21, 2001 AGENDA ITEM NO. 3 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CII Y DISPENSING WITH THE BIDDING PROCESS AND AUTHORIZING ACCEPTANCE OF A PROPOSAL FROM PARRON HALL FOR ERGONOMICALLY ENGINEERED DISPATCH WORK STATIONS] PREPARED BY DEPARTMENT �/l'� LT. RAY ALLEN POLICE DEPARTMENT EXPLANATION. (Please see attached) XX Environmental Review N/A Financial Statement There is no impact to the Police Department Budget. Account No.229-411-000-501 STAFF RECOMMENDATION Approve the Resolution. BOARD/COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below) Specifications and itemized price list. Proposed Resolution Resolution No. 2001-119 A-200 (Rev. 9/80) COUNCIL AGENDA STATEMENT RESOLUTION FOR APPROPRIATION/EXPENDITURE OF C.L.E.E.P. FUNDS The Police Department recommends the purchase of ergonomically engineered Omni Pacific Dispatch Work Stations from Parron Hall. The proposed Resolution would authorize the waiver of the bid process and purchase of ergonomic engineered workstations. Purchasing ordinance #1480, section 12a4, authorizes the bidding requirements to be waived "when Council determines that due to special circumstances, it is to the City's best interest to purchase a commodity or enter into a contract without strict compliance to the bidding procedure. The following special circumstances exist: 1. Parron Hall, has offered this equipment at a competitive price and no significant price advantage would be gained by competitive bidding. 2. The equipment is being offered through Parron Hall with full maintenance and support. 3. Parron Hall has been sub -contracted to coordinate the dismantling and disposal of the old existing dispatch center consoles. Lack of Significant Price Advantage from Competitive Bidding The largest single item cost for using the C.L.E.E.P. funds is the purchase and installation of ergonomic engineered workstations from Parron Hall. These workstations are electrically controlled and the operator can fit the workstations to their physical dimensions. The sole purpose of the special workstations is to decrease the number and severity of repetitive stress and carpal tunnel syndrome injuries. With the increased flexibility these workstations afford, dispatchers can change the height and location of the various components so they lessen the possibility of strain or injury. The Police Department received three bids for the work on the ergonomic workstations. Parron Hall submitted the lowest bid for the work, which included the dismantling and disposal of the old work stations. The other vendors would subcontract that work to another vendor. The bid from Parron Hall to complete the work was $31,617.63, which was $1,788.00 less than the other vendor. Parron Hall has completed similar work for other law enforcement agencies in the county, only installing a different style of workstation. Parron Hall is a local company that offers full maintenance and support for the products they offer. The Police Department has purchased equipment from Parron Hall in the past. RESOLUTION NO. 2001 -119 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DISPENSING WITH THE BIDDING PROCESS AND AUTHORIZING ACCEPTANCE OF A PROPOSAL FROM PARRON HALL FOR ERGONOMICALLY ENGINEERED DISPATCH WORK STATIONS AND RESCINDING RESOLUTION NO. 2001-90 WHEREAS, on May 22, 2001, the City Council authorized the appropriation and expenditure by the National City Police Department of the California Law Enforcement Equipment Program (C.L.E.E.P.) funds to purchase equipment and upgrade existing systems, via Resolution No. 2001-79,'and WHEREAS, the Police Department is in need of ergonomically engineered dispatch work stations; and WHEREAS, the City Council has determined to waive the formal bidding requirements as authorized in Section 2.60.220(d) of the National City Municipal Code, and award a contract to Parron Hall for ergonomically engineered dispatch work stations based on the following special circumstances: 1. Parron Hall has offered this equipment at a competitive price and no significant price advantage would be gained by competitive bidding; 2. The product is being offered through Parron Hall with full maintenance and support; 3. Parron Hall has been subcontracted to coordinate the dismantling and disposal of the old existing dispatch center consoles. NOW, THEREFORE, BE IT RESOLVED that the City Council fords special circumstances to exist, and that it is in the City's best interest to purchase from Parron Hall, and does hereby dispense with the bidding process, and authorizes acceptance of a proposal from Parron Hall for ergonomically engineered dispatch work stations. BE IT FURTHER RESOLVED that Resolution No. 2001-90 approved on June 19, 2001, which designated Omni Pacific as the supplier of the ergonomically engineered dispatch work stations, is hereby rescinded. — Signature Page to Follow - Resolution No. 2001 — 119 August 21, 2001 Page Two PASSED. and ADOPTED this 21' day of August, 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 08/21/2001 AGENDA ITEM NO 4 ITEM TITLE RESOLUTION FOR POLICE DEPARTMENT REQUEST TO ACCEPT FY 2001 LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS PREPARED BY LT. KEITH FIFIELD DEPARTMENT POLICE dam" OPERATIONS SUPPORT EXPLANATION. On July 19, 2001, the National City Police Department applied for the 2001 Fiscal Year Local Law Enforcement Block Grant funds. This program is administered by the U.S. Department of Justice and is similar in many respects to the Community Development Block Grant funds in that they are awarded to local governments who then have a significant amount of flexibility in deciding how to expend the funds. Local governments, cities and counties are eligible for LLEBG funds. The amount local law enforcement is eligible for is determined based upon the population and the crime rate according to the FBI Uniform Crime Reports. National City has received these funds for the past two years and the funds have been used to complete the Mobile Data Computing project. This year (FY 2001), National City is eligible to receive an award of $147,125 from the Local Law Enforcement Block Grant program. The Police Department completed the initial on-line application on July 19, 2001, and on July 28, 2001, the Bureau of Justice Assistance approved the award. We now have 45 days to "accept" the award and 90 days to submit our Request for Drawdown of funds. Ten percent of the total is required in local matching funds. As in years past, it is the intent of the Police Department to fund the local match requirement with asset forfeiture funds. One of the provisions of the 1998 Local Law Enforcement Block Grant program, is that in order to receive full funding, the City of National City must comply with Section 615 of the Fiscal Year 1998 Appropriations Act: Alu-O'Hara Public Safety Officer Health Benefits Act. This Act requires that entities which employ peace officers to provide officers who are retired or separated from service due to injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit, with the same or better level of health insurance benefits that are paid by the entity at the time of retirement or separation. (Continued) Environmental Review N/A Financial Statement No Impact to General Fund Budget. Local Match from Asset Forfeiture Funds Account No STAFF RECOMMENDATION Approve the Resolution BOARD/COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below/ FY 2001 LLEBG Application Resolution No. 2001-120 A-200 (Rev. 9/80) COUNCIL AGENDA STATMENT RESOLTUION FOR FY 2001 LOCAL LAW ENFORCMENT BLOCK GRANT PAGE 2 Currently, the City of National City does not provide such health insurance benefits to peace officers retired under the above stated circumstances and is therefore out of compliance with this provision. As was the case with FY 2000 LLEBG funds the City of National City received last year, this will result in a ten percent reduction of the LLEBG award for FY 2001, but not disqualification from receiving the funds. This will reduce the FY 2001 award from $147,125 to approximately $132,413. The ten percent local match requirement will be approximately $13,241. The funds under this program may be used for any of the following "7 Purposes Areas." 1. Hiring, training, and employing new law enforcement officers and necessary support personnel, paying overtime to presently employed law enforcement officers and support personnel, and/or procuring equipment, technology and other material related to basic law enforcement functions. 2. Enhance school security and school security measures at any facility or location the local government considers to be at risk for crime. 3. Establishing or supporting drug. courts. 4. Enhance the adjudication process of cases involving violent offenders, including cases involving violent juvenile offenders. 5. Establish multi jurisdictional task forces, which work to prevent and combat crime. 6. Establish crime prevention programs. 7. Defraying the cost of indemnification or insurance for law enforcement officers. Local Law Enforcement Block Grant funds may not be used as local matching funds for Police Officers hired under the COPS Universal Hiring Program. These funds must supplement and not supplant normally budgeted programs, positions or equipment. COUNCIL AGENDA STATMENT RESOLTUION FOR FY 2001 LOCAL LAW ENFORCMENT BLOCK GRANT PAGE 3 Because this grant is year to year, and personnel costs are usually long term, funding under this program would be more appropriate for equipment and technology purchases than for hiring officers or personnel. The funding under this program would be ideal for meeting some of the Police Department's equipment and technology needs. Proposal The Police Department is requesting a Resolution, which would authorize the City Manager, and/or his designated public official to accept the FY 2001 Local Law Enforcement award of $147,125 with matching local funds of $16,347. The award will most likely be reduced by ten percent to $132,413 with matching local funds of $13,241. The Police Department requests authorization for the City Manager and Chief of Police to sign any LLEBG grant related documents. After the award is accepted we request to begin the Request For Drawdown process, which includes the following. 1. A Public Hearing for the purpose of discussing the allocations of the FY 2001 LLEBG funds and completing the Public Hearing certifications. (Post public notice). 2. Convening the established LLEBG Advisory, Board with representation from all the required members at least one time and completing the Advisory Board certifications. (Post public notice). 3. Complete the Project Information page on the application by naming and describing the projects funded with FY 2001 LLEBG funds, assign each project to one of the seven Purpose areas, and provide the project specific information. 4. Complete allocation information, including details by Allocation Category for all LLEBG funded projects 5. Allocate all of FY 2001 LLEBG funds within the seven purpose areas. Additional Council Agenda Statements will be submitted as required during the above process to hold the Public Hearing, authorize final appropriation of FY 2001 LLEBG funds and authorization for the City Manger to sign the final Grant Agreement and related documents. At this time the Police Department is preparing an expenditure plan to present to the LLEBG Advisory Board. RESOLUTION NO. 2001 - 120 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO SUBMIT THE LOCAL LAW ENFORCEMENT BLOCK GRANT APPLICATION TO THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE AND TO SIGN GRANT AWARD AGREEMENT AND ALL GRANT RELAYED DOCUMENTS WHEREAS, Local Law Enforcement Block Grants are administered by the U.S. Department of Justice; and WHEREAS, the amount of Local Law Enforcement Block Grant funds that each city is eligible for is based upon the population and the crime rate according to the FBI Uniform Crime Reports; and WHEREAS, last year National City received $198,757 in Local Law Enforcement Block Grant funding; and WHEREAS, based on last year's formula, National City is eligible to apply for $147,125 in Fiscal Year 2001/2002 Local Law Enforcement Block Grant funds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Manager to submit the Local Law Enforcement Block Grant Application to the U.S. Department of Justice, Bureau of Justice Assistance and to sign the Grant Award Agreement and all grant related documents. A copy of the agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 21' day of August, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Print Application Page 1 of I Appl LLEBG FY 2001 Application Date Codified : 19JUL-01 I Date Submitted : 19-JUL-01 Jurisdiction Information Ju National City I SAN DIEGO 'State: cALIFORNIA ICDFA Number: 6.592 Budget Information Eligible Award Amount 'Final $147,125 IFiA Ft Award (Match $147,125Units Amount $16,347 rtatehtng Funds Goverment Local Goverent CEO Information Title: City Maw Name Praia Mr. Last Name : McCabe First N Tom Address: 1243 National City Boulevard National City, California, CA 91950-4397 Telephone: (619)336-4240 Fax: (619)336 4327 dal cnw�a.natiorbal Program Contact Information Title: lieutenant Name Prefix: rA .. Last Name First Name : Keith Addrecs: 1200 National City Boulevard National City. CA 91950-4397 Telephone: 619-336-4543 Fax: 619-336-4525 Emelt .national - city'ca"Us Application Details Date Agreed to Trust Fund Requirement Applicant isYPSOHB Compliant19JUL-01 es Date Agreed to SPOC Requirement 19.JUL-01 Date Agreed to SAA Review Requirement 19-JUL-01 Date Agreed to Certifications: 19JUL-01 Date Agreed to Assurances: 19-JUL-01 https://grants.ojp.usdoj.gov:8004/gms user/plsgUllebg main.app read only?p_bgid=3&p act.. 8/13/01 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 21, 2001 iITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with Rodgers Police Patrol, Inc. to provide park security services to Kimball Park, El Toyon Park, and Las Palmas Park. 5 PREPARED BY EXPLANATION Over the past two years, the City has contracted for park security services. Staff went out to bid to continue this service and received two bids. Staff is recommending the contract be awarded to Rodgers Police Patrol. They have been providing security services in the County since 1940 and meet all the criteria required by the City. This contract will allow us to continue security services at Kimball Park, El Toyon Park, and Las Palmas Park. Services include two nightly drive -by patrols at each park between the hours of 9 PM and 3 AM; and weekend standing guards on Saturdays and Sundays (8 hours each day). Weekend standing guards will be scheduled during the heavy use periods as per attached schedule. As a result of this security service, we have seen a noticeable reduction in vandalism. Park staff has noted a significant decrease in irrigation system damage and graffiti. Approximately a 20% savings annually in irrigation supplies and around a 50% savings in time spent on graffiti removal. We have received many positive comments from park users, especially the youth athletic leagues. The increase cost for this service, from $24,000 to just over $30,000 is attributable to an increase in the minimum wage, and for the increased cost of fuel. This contract will begin September 1, 2001. / Jim Ruiz AGENDA ITEM NO. DEPARTMENT Parks & Recreation ( Environmental Review XX N/A Financial Statement Cost will be $30,400 (Y, Approved By: Finance Director 105-442-000-299-0000 Account No. STAFF RECOMMENDATION Approve BOARD / COMMISSION RECOMMENDATION Approve ATTACHMENTS ( Listed Below ) Resolution Schedule Resolution No. 2001-121 A-200 (9/99) RESOLUTION NO. 2001 -121 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH RODGERS POLICE PATROL, INC. TO PROVIDE PARK SECURITY SERVICES AT KU 4BALL PARK, LAS PALMAS PARK AND EL TOYON PARK WHEREAS, the Park and Recreation Department desires to continue park security services with security patrols of Kimball Park, Las Palmas Park and El Toyon Park; and WHEREAS, the City has determined that Rodgers Police Patrol, Inc. is a security patrol firm and is qualified by experience and ability to perform the services desired by the City, and Rodgers Police Patrol, Inc. is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is authorized to execute an agreement between the City of National City and Rodgers Police Patrol, Inc. to provide park security services to Kimball Park, Las Palmas Park and El Toyon Park. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 21st day of August, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney SERVING SAN DIEGO SINCE 1940 IR1Ci i EII S 1ICEII+CIE II 41[I CIL., IIrNIIC.. 3152 UNIVERSITY AVE., SAN DIEGO, CALIFORNIA 92104 (619) 283-3976 FAX # (619) 528-9711 July 9, 2001 Jim Ruiz Parks & Recreation Director 140 East 12th Street National City, CA 91950 RE: Park Security Patrol - City of National City Dear Mr. Ruiz: This will respond to your Request for Proposal for on site and drive by motor patrol security services at Las Palmas, El Toyon and Kimball Parks. Based upon the information provided, we estimate the two nightly drive -by patrols at $375 per site, per month. Drive by service is normally calculated according to geographic location and time required on site. "Call back" services are billed separately at S40 each, minimum, depending upon the length of time required. Requests to remain on site for more than 15 minutes can not be guaranteed and are granted on an "as available" basis, and billed $25 for each additional 15 minutes on site. Rodgers Police Patrol vehicles are an effective deterrent just by their presence in an area. They are prominently marked and equipped with overhead light bars with side spotlights, and two-way radios. Trained uniformed drivers are qualified with California Guard cards and are bonded under Rodgers' $9 million insurance umbrella. A roving Patol Supervisor monitors all radio traffic and can be reached directly, or instantly through a 24-hour Dispatch Center manned by trained employees. Motor patrol drivers are given the option to carry arms. Also based upon information provided, we estimate the on -site security schedule at $15.00 per hour, unarmed. There are no added costs except for time -and -one-half charged on each of six national holidays (if worked). Officers are fully uniformed and qualified with California Guard Cards and receive Rodgers' in-house training program which is site -specific when possible. Included in the rate are the services of Rodgers' management -level field supervisors who make unscheduled post checks and who can act as back up in emergency. They are equipped with car phones and two-way radios, and can also be reached instantly through the 24-hour Dispatch Center. Rodgers Police Patrol has provided quality, full -service security since 1940 and is fully licensed and insured. As a local, employee -owned company, you always have access to top management for instant decision making. Excellent references are available. Let me know if you would like any additional information not included here. If interested in ow- services I have many questions about the specifics of your security requirements and policies. Thank you for your interest in Rodgers Police Patrol, Inc. Sincerely, ohn Farther General Manager This proposal is based upon preliminary information and may be changed following additional information pertinent to the performance of requirements. Tentative offer valid for 30 days. EXHIBIT "A", PAGE 1 "PREVENTION IS THE BEST PROTECTION" CALIFORNIA STATE LICENSE NO. P-6756 08/06/2001 13:07 6195289711 csS/RPP PAGE 02 UCIIMEQS LCtICt I &TIDCL, 3152 UNIVERSITY AVE., SAN DIEGO, CALIFORNIA 92104 (619) 223-3976 FAX 3 (619) 52d4711 SERVING SAN DIEGO SINCE 1940 August 6, 2001 TO: JIM RUIZ National City Parks and Recreation Dear Jinn Rae are the calculations according to our conversation Fora one-year period, perform guard service sixteen hours pa week for 26 weeks at three sites @ S13.50 per boor: 16 hours x 26 = 416 it 3 a 1,248 x 513.50 w S16,848 (phis applicable holiday Pal/ The motor patrol quote remain the same: 5375 per site, per month — $1,125 x 12 . $13,500, (plus `sag back' services) Total one year contract: S16,8511(phis may applicable holiday pay) S13.500 (plus 'call back' services) 530,358 (plus above) We will, of course, need to see wriuen conditions prior to signing an agreement Let me know if you need anything else. Thanks, Fanner, Gen. Mgr. PREVENTION IS THE REST PROTECTION' CAUFOPNtA STATE LICENSE NO. P.67S6 EXHIBIT "A", PAGE 2 Weekend Patrol Schedule for 2001-2002 El Toyon Park (11 AM — 7 PM) September 1, 2001—December 2, 2001 (14 wks) *May 26, 2002 — August 25, 2002 • *First weekend would begin on Sunday, May 26th and Monday, May 27t. Las Palmas Park (9 AM — 5 PM) September 1, 2001— October 21, 2001 (8 wks) April 27, 2002— August 25, 2001 (18 wks) Kimball Park May 2, 2002 — August 25, 2001 (26 wks) EXHIBIT "A", PAGE 3 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 21, 2001 6 AGENDA ITEM NO. ITEM TITLE Resolution of the City Council of the City of National City authorizing the transfer of $4,500 from Undesignated Fund Balance, 001-2501, to Contractual Services of the Park Fund, 105-442-000-299-0000. PREPARED BY Jim Ruiz �A./`�\/ DEPARTMENT Parks & Recreation EXPLANATION This fund transfer will allow the City to maintain existing contractual services for park security patrols at Kimball Park, El Toyon Park, and Las Palmas Park. ♦ Environmental Review xx N/A Financial Statement Funds available in 001-2501 Approved By: Finance Director Account No. STAFF RECOMMENDATION Approval BOARD / COMMISSION RECOMMENDATION Approval ATTACHMENTS ( Listed Below ) Resolution Resolution No. 2001-122 A-200 (9/99) RESOLUTION NO. 2001 - 122 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE TRANSFER OF $4,500 FROM UNDESIGNATED FUND BALANCE, 001-2501 TO CONTRACTUAL SERVICES OF THE PARK FUND, 105-442-000-299-0000 WHEREAS, a transfer of funds from the Undesignated Fund Balance to Contractual Services of the Park Fund is necessary to maintain the existing contractual services for park security patrols at Kimball Park, El Toyon Park and Las Palmas Park. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the following appropriation and transfer of funds: FROM: Account No. 001-2501 Undesignated Fund Balance TO: Account No. 105-442-000-299-0000 Contractual Services of the Park Fund TOTAL AMOUNT: $4,500 PURPOSE: To fund the continued contractual services for park security patrols. PASSED and ADOPTED this 21' day of August, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney I�IoI�IGIEIQ I DCLIIICIE VAT INC. SERVING SAN DIEGO SINCE 1940 Jim Ruiz Parks & Recreation Director 140 East 12th Street National City, CA 91950 Dear Mr. Ruiz: 3152 UNIVERSITY AVE., SAN DIEGO, CALIFORNIA 92104 (619) 283-3976 FAX # (619) 528-9711 July 9, 2001 RE: Park Security Patrol - City of National City This will respond to your Request for Proposal for on site and drive by motor patrol security services at Las Palmas, El Toyon and Kimball Parks. Based upon the information provided, we estimate the two nightly drive -by patrols at $375 per site, per month. Drive by service is normally calculated according to geographic location and time required on site. "Call back" services are billed separately at S40 each, minimum, depending upon the length of time required. Requests to remain on site for more than 15 minutes can not be guaranteed and are panted on an "as available" basis, and billed $25 for each additional 15 minutes on site. Rodgers Police Patrol vehicles are an effective deterrent just by their presence in an area. They are prominently marked and equipped with overhead light bars with side spotlights, and two-way radios. Trained uniformed drivers are qualified with California Guard cards and are bonded under Rodgers' S9 million insurance umbrella. A roving Patol Supervisor monitors all radio traffic and can be reached directly, or instantly through a 24-hour Dispatch Center manned by trained employees. Motor patrol drivers are given the option to carry arms. Also based upon information provided, we estimate the on -site security schedule at $15.00 per hour, ti unarmed. There are no added costs except for time -and -one-half charged on each of six national holidays (if worked). Officers are fully uniformed and qualified with California Guard Cards and receive Rodgers' in-house training program which is site -specific when possible. Included in the rate are the services of Rodgers' management -level field supervisors who make unscheduled post checks and who can act as back up in emergency. They are equipped with car phones and two-way radios, and can also be reached instantly through the 24-hour Dispatch Center. Rodgers Police Patrol has provided quality, full -service security since 1940 and is fully licensed and insured. As a local, employee -owned company, you always have access to top management for instant decision making. Excellent references are available. Let me know if you would like any additional information not included here. If interested in our services I have many questions about the specifics of your security requirements and policies. Thank you for your interest in Rodgers Police Patrol, Inc. General Manager This proposal is based upon preliminary information and may be changed following additional information pertinent to the performance ofrequbements. Tentative offer valid for 30 days. EXHIBIT "A", PAGE 1 "PREVENTION IS THE BEST PROTECTION". CALIFORNIA STATE LICENSE ► O. P-6756 _ . 88/85/2881 13:87 6195289711 SSS/RPP PAGE 82 pay) SERVING SAN DIEGO SINCE 1940 CCUCEQS tCL®CE IDATIRCIL, 3152 UNIVERSITY AVE., SAN DIEGO, CALIFORNIA 92104 (819) 283-3970 FAX 8 (619) 52e-971 1 August 6, 2001 TO: JIM RUIZ National City Paths and Recreation Dear Jim: Hae are the calculations according to out convessatiar For a one-year paiod, perform grid service saseea hours pa seek For 26 weeks at three sites @ S13 50 pa hots: 16bomsx26s416x3>1,248 x S1330 : S16,848 (plus applicablcboldly Tbe patrol quote reams the sane: S375 per site. per mouth a S1.125 x 12 -- 513,500, (plus wal[ w ) Total one year contract S16,858 (phis any applicable holiday pay) $13300 (plus 'call back' services) S30,358 (phis above) We will, accuse, need to see written conditions prior to signing an &greenest. Let —_knowifyos need anything else. Thanks, 4i66-..C;(-4.-----" Fanner, Geo. Mgr. —PREVENTION /S THE REST PROTECTION CAUFOONIA STATE =EASE NO. p473Q EXHIBIT "A", PAGE 2 Weekend Patrol Schedule for 2001-2002 El Toyon Park (11 AM — 7 PM) September 1, 2001 —December 2, 2001 (14 wks) *May 26, 2002 — August 25, 2002 • *First weekend would begin on Sunday, May 26th and Monday, May 27th. Las Palmas Park (9 AM— S PM) September-1, 2001— October 21, 2001 (8 wks) April 27, 2002 — August 25, 2001 (18 wks) Kimball Park May 2, 2002 — August 25, 2001 (26 wks) EXHIBIT "A", PAGE 3 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 21, 2001 AGENDA ITEM NO. 7 ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO RED" "NO PARKING" ZONES ADJACENT TO THE DRIVEWAY AT 2138 "C" AVENUE (W. HEATH TSC ITEM 2001-27) PREPARED BY Adam J. Landa DEPARTMENT Engineering EXPLANATION Mr. William Heath, the owner of the property at 2138 "C" Avenue, has requested the installation of a red curb "no parking" zone adjacent to his driveway. According to Mr. Heath, parked vehicles from the apartment are encroaching into his driveway thereby not allowing ingress and egress to his property. The property is located less than a block away from a large apartment complex. The Traffic Safety Committee approved 3 feet of red curb on each side of his driveway at their meeting on August 8, 2001. Environmental Review Financial Statement N/A STAFF RECOMMENDATION Adopt the Resolution. X N/A Account No. BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee at its meeting of August 8, 2001, approved the 3 foot red "No Parking" zones on both sides of her driveway at 2138 "C" Avenue. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee A-200O;9/8o) Resolution No. 2001-123 RESOLUTION NO. 2001 -123 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO RED NO PARKING ZONES ADJACENT TO THE DRIVEWAY AT 2138 "C" AVENUE (W. Heath, TSC Item No. 2001-27) WHEREAS, William Heath, the owner of 2138 "C" Avenue, has requested the installation of two red no parking zones adjacent to the driveway serving his property due to parked vehicles encroaching into his driveway and thereby not allowing ingress and egress from his property; and WHEREAS, at its meeting on August 8, 2001, the Traffic Safety Committee approved installation of two red no parking zones adjacent to the driveway at 2138 "C" Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to establish two red no parking zones adjacent to the driveway at 2138 "C" Avenue. PASSED and ADOPTED this 21' day of August, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney r—� u NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR AUGUST 8, 2001 ITEM ;TITLE: REQUEST FOR INSTALLATION OF RED CURB "NO PARKING" ZONE ADJACENT TO THE DRIVEWAY AT 2138 "C" AVENUE (BY: W. HEATH, TEL. NO. 477-6938) PREPARED BY: Adam J. Landa, Engineering Department DISCUSSION: Mr. William Heath, the owner of the property at 2138 "C" Avenue, has requested the installation of a red curb "no parking" zone adjacent to his driveway. According to Mr. Heath, parked vehicles from the apartment are encroaching into his driveway (approximately 12 feet wide) thereby not allowing ingress and egress to his property. The property is located Tess than a block away from a large apartment complex. STAFF RECOMMENDATION: Staff recommends the installation of two (2) 3 feet red curb "No Parking" zone adjacent to his driveway at 2138 "C" Avenue. EXHIBITS: 1. Letter 2. Location Map 2001-27 tau ur ( / / !N7RING DEPT. RECEIVED Dote. 119-4' te:44; ILV—A ee-o34.-e. ktea 7417 9 ,14.,:A-e, -ett Qt./ 3 g Lita -ry `31/ 111 —A-0-1. 0- 2- ^4° A P4 a ecA et4L<, A-r-L-4-47- - -1-e-,--rt-D p -007 %-7.7It if-4)-124Le:-044:/_1e-e 10-t- fr2.4-r2- 41,e, —tke, 7JLref- e-e- La 74L Pera-k-5,/o 4/77— P S: 9 g ce -re 7'9 4e-e- 49€4.-44 o Che cte :7/ • JIKLLI STREET 74Prs LOCArro»v MAP City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 21, 2001 AGENDA ITEM NO. 8 ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO RED "NO PARKING" ZONES ADJACENT TO THE DRIVEWAY AT 1015 MANCHESTER STREET (S. MILLER TSC ITEM 2001-29) PREPARED BY Adam J. Landa DEPARTMENT Engineering EXPLANATION Ms. Silva Miller, the owner of 1015 Manchester Street, has requested the installation of two red curb no parking zones adjacent to the driveway serving her property. According to Mrs. Miller, parked vehicles from the apartment are encroaching into her driveway thereby not allowing ingress and egress from her property. The property is located across the street from an apartment complex. The Traffic Safety Committee approved 3 feet of red curb on each side of her driveway at their meeting on August 8, 2001. Environmental Review WA Financial Statement N/A STAFF RECOMMENDATIO /9 / ' Adopt the Resolutio Account No. BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee at its meeting of August 8, 2001, approved the 3 foot red "No Parking" zones on both sides of her driveway at 1015 Manchester Street. ATTACHMENTS ( Listed Below ) A-20949180) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. 2001-124 RESOLUTION NO. 2001 -124 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO RED NO PARKING ZONES ADJACENT TO THE DRIVEWAY AT 1015 MANCHES TER STREET (S. Miller, TSC Item No. 2001-29) WHEREAS, Silva Miller, the owner of 1015 Manchester Street, has requested the installation of two red no parking zones adjacent to the driveway serving her property due to parked vehicles encroaching into her driveway and thereby not allowing ingress and egress from her property; and WHEREAS, at its meeting on August 8, 2001, the Traffic Safety Committee approved installation of two red no parking zones adjacent to the driveway at 1015 Manchester Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to establish two red no parking zones adjacent to the driveway at 1015 Manchester Street. PASSED and ADOY1'Ell this 21' day of August, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: s. George H. Eiser, III City Attorney u NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR AUGUST 8, 2001 C�r URB ITEM TITLE: REQUEST FOR INSTALLATION OF RED PARKING" ZONE ADJACENT TO THE DRIVEWAY "NO AT 1015 MANCHESTER STREET BY: S. MILLER TEL. NO. 479-5514 PREPARED BY: Adam J. Landa, Engineering Department DISCUSSION. Ms. Silva Miller, the owner of the property at 1015 Manchester Street, has requested the installation of a red curb "no parking" zone adjacent to her driveway. According to Ms. Miller, 30hicles from the apartment are feet wide) thereby not allowing i encroaching and into hssr driveway pr (apppert The property is located across the street ingress and egress to her property. from an apartment complex. STAFF RECOMMENDATION: Staff recommends the installation of two (2) 3 feet red curb "No Parking" zone adjacent to her driveway at 1015 Manchester Street. EXHIBITS: 1. Location Map 2001-29 LOCATION MAP City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 21, 2001 AGENDA ITEM NO. 9 / ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH ANGLE PARKING ON THE SOUTH SIDE OF 14TH STREET BETWEEN NATIONAL CITY BOULEVARD AND HOOVER AVENUE (J.CURRIE TSC ITEM 2001-28) PREPARED BY Adam J. Landa DEPARTMENT Engineering EXPLANATION Mr. Jim Currie, the tenant at 1337 Roosevelt Avenue, has requested the installation of angle parking on the south side of 14th Street between National City Boulevard and Hoover Avenue. According to Mr. Currie, they need additional parking for their employees and for local residents. Staff has investigated the site and found that the location at 14th Street between National City Boulevard and Hoover Avenue is able to accommodate 60° angle parking. There is a total of 52 feet between the curb faces. Angle parking requires a total of 30' leaving 22' for a travel lane and parallel parking stalls on the opposite side of the street (See attached location map). With the proposed angle parking, there will be a total of 9 additional parking spaces. The Traffic Safety Committee approved the angle parking on the south side of 14th Street between National City Boulevard and Hoover Avenue at their meeting on August 8, 2001. Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee at its meeting of August 8, 2001, approved the angle parking on 14th Street between National City Boulevard and Hoover Avenue. ATTACHMENTS ( Listed Below A-2O (9/80) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. 2001-125 RESOLUTION NO. 2001 - 125 RESOLUTION OF THE CITY COUNCIL OF THE CITY .OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH ANGLE PARKING ON THE SOUTH SIDE OF 14Th STREET BETWEEN NATIONAL CITY BOULEVARD AND HOOVER AVENUE (J. Currie, TSC Item No. 2001-28) WHEREAS, Jim Currie, the tenant at 1337 Roosevelt Avenue, has requested the installation of angle parking on the south side of 14th Street between National City Boulevard and Hoover Avenue for additional parking for employees and local residents; and WHEREAS, the Traffic Safety Committee has recommended approval of angle parking on the south side of 14"' Street between National City Boulevard and Hoover Avenue at its regular meeting on August 8, 2001. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City that the City Engineer is authorized to establish angle parking on the south side of 14th Street between National City Boulevard and Hoover Avenue. PASSED and ADOPTED this 21' day of August, 2001. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George/ H. Eiser, III City Attorney ar George H. Waters, Mayor NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR AUGUST 8, 2001 ITEM TITLE: REQUEST FOR ANGLE PARKING ON 14th STREET BETWEEN NATIONAL CITY BOULEVARD AND HOOVER AVENUE (BY: J. CURRIE. TEL. NO. 477-6149) PREPARED BY: Adam J. Landa, Engineering Department DISCUSSION: Mr. Jim Currie, the tenant at 1337 Roosevelt Avenue, has requested the installation of angle parking on the north side of 14th Street between National City Boulevard and Hoover Avenue. According to Mr. Currie, he needs additional parking for his business. Staff has investigated 14th Street between National City Boulevard and Hoover Avenue and has determined that installing angle parking on the south side of the street (instead of the north side) would give the neighborhood an additional eleven (11) parking spaces. The north side angle parking would provide only two (2) additional spaces because of the numerous existing driveways. Staff has contacted the southside property owners regarding the change in parking pattern and they concur. Presently there is a total of 52' between the curbs which means angle parking can be placed on one side of the street and not on both sides of the street. Based upon being able to obtain nine (9) additional parking spaces, it is recommended that the angle parking be installed on the south side of the street (see attached location map). STAFF RECOMMENDATION: Staff recommends the approval of angle parking on the south side of 14th Street between National City Boulevard and Hoover Avenue. EXHIBITS: 1. Letter 2. Location Map 2001-28 K A ® S 29 June 2001 Mr. Burton Myers City Engineer City Of National City 1243 National City Blvd. National City, CA 91950 Dear Mr. Myers, GAY 'T. j ^.,Tr a" EL\ 1PKEERW : i'PT. RECEIVED oats Kaos is the tenant in property located at 1337 Roosevelt Avenue. The property is located between Civic Center Drive and 14th Street. I am writing to request increased on -skeet parking be provided in the immediate vicinity. Due to the volume of business in the area parking is routinely difficult to find. There is currently diagonal parking on the east side of Roosevelt Avenue and parallel parking at all other adjacent locations. My suggestion is that diagonal parking be provided on at least one side of 14th Street between National City Blvd. and Hoover Avenue. Please contact me if I can be of any assistance. I understand that a review process is necessary. Anything to expedite the process is greatly appreciated. Sincerely, , //44m Currie J c6eak 1 ,.n .1 v9 /\tA0 •A 13401\ ILT/I A KA A IA A NN\N\\N\N k!K/A/6A Y 4' TRAV / 2' TR / LO SIR \\UET — T STRF FT c= City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 21, 2001 ('ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO EXPAND PARKING DISTRICT "A" BY TWO PROPERTIES ON 21ST STREET TO THE EAST OF "A" AVENUE PREPARED BY Adam J. Landa DEPARTMENT Engineering 10 AGENDA ITEM NO. EXPLANATION Ms. Dolores J. Posada, the Owner of the property at 2106 "B" Avenue, has requested that the Parking District "A" be expanded two properties to the east of "A" Avenue on 21st Street. The two residents have signed a petition for the expansion of the existing Parking District "A". The auto dealer employees are parking their vehicles in front of their place of residence and leaving no parking spaces for them. The request met the minimum City Council criteria for Residential Parking District modifications (See attached Report). The Traffic Safety Committee approved the expansion of Parking District "A" by two properties at their meeting on August 8, 2001 . Environmental Review _X_ N/A Financial Statement N/A STAFF RECOMMENDATIO Adopt the Re olutio Account No. BOARD I COMMISSION RECOMMENDATION The Traffic Safety Committee at its meeting of August 8, 2001, approved the expansion of Parking District "A" by two properties to the East of "A" Avenue on 21 st Street. Resolution No. 2001-126 ATTACHMENTS ( Listed Below 1. Resolution 2. Staff Report to the Traffic Safety Committee A-200 (9/80) as RESOLUTION NO; 2001 -126 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO EXPAND PARKING DISTRICT "A" BY TWO PROPERTIES ON 21sr STREET TO THE EAST OF "A" AVENUE WHEREAS, Dolores J. Posada, the owner of the property at 2106 "B" Avenue, has requested that Parking District "A" be expanded the length of the two properties to the east of "A" Avenue on 21' Street; and WHEREAS, the Traffic Safety Committee has recommended approval for the expansion of Parking District "A" by the length of the two properties to the east of "A" Avenue on 21' Street at its regular meeting on August 8, 2001. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City that the City Engineer is authorized to expand Parking District "A" by the length of the two properties to the east of "A" Avenue on 21" Street. PASSED and ADOPTED this 21" day of August, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. miser, III City Attorney 4 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR AUGUST 8, 2001 ITEM TITLE: REQUEST FOR EXPANDING THE PARKING DISTRICT "A" BY TWO PROPERTIES ON 21ST STREET EAST OF "A" AVENUE (BY: D. POSADA, TEL. NO. 477-6545} PREPARED BY: Adam J. Landa, Engineering Department DISCUSSION: Ms. Dolores J. Posada, the owner of the property at 2106 "B" Avenue, has requested that the Parking District "A" be expanded two properties to the east of "A" Avenue on 21st Street. The two residents have signed a petition for the expansion of the existing Parking District "A". The auto dealer employees are parking their vehicles in front of their place of residence and leaving no parking spaces for Ms. Posada. City Council has adopted a policy to evaluate requests for residential parking districts. The Policy minimum criteria are as follows: 1. The Residential Parking Permit District shall consists of at least one side of a street section between two consecutive intersection streets. This condition is met. 2. At least 70 percent of the available curbside parking spaces are occupied by commuter vehicles during the time the parking study is being conducted. This condition is met. It also requires that time limitations be established. Time limitations shall match existing time limits which are 7:00 a.m. to 7:00 p.m. Monday through Friday. STAFF RECOMMENDATION: Staff recommends the approval of the expansion of Parking District "A' by two properties to the east of "A" Avenue on 21st Street. EXHIBITS: 1. Letter 2. Location Map 2001-26 July 23, 2001 George H. Waters, Mayor City of National City 1243 National City Blvd. National City, CA 91950 Dear Mayor Waters, We the undersigned would like to request that the Traffic Safety Committee install a paid "Parking District" along the 100 Block of E. 21st Street, between "A" and "B" Avenues. This request is being made due to the fact that the employees of the "Ball Auto Group" continuously take the parking away from the residents of this area. We would appreciate it very much if this request could be granted,as soon as possible. Attached please find a map of the designated area, which is highlighted in pink. Thank You for your kind attention to this matter. Respectfully yours, /3i chic-) Dolores J. Posada 2106 "B" Avenue National City, CA 91950 (619)477-6545 e fd,z_. / t* yr S(po'2-72— Sce_ 2-12--►Z PaL ott, r r D SADA- Y 0 x 0 tr p rL a Z rc. a;t?Md ' 4a K �. cGEy Z6 Z.-0 4 o a ?#€P? d 1 vert: RUD ft4 To ? 4 t N DE STOA c:sC , Loci p e N City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 21, 2001 AGENDA ITEM NO. 11 ITEM TITLE RESOLUTION OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TOE SRM CONSTRUCTION AND PAVING FOR THE NATIONAL CITY STREET RESURFACING PROJECT, SPECIFICATION NO. 00-8 PREPARED BY Michael Long DEPARTMENT Engineering EXPLANATION On August 2, 2001, six bids were received and opened for the National City Street Resurfacing Project, Specification No. 00-8. The project includes the repair of bituminous pavements in various locations within the City of National City. The pavement repairs vary from full depth reconstruction, including replacement of base materials, to pavement overlays, depending on the type and severity of failure. All affected pavement markings shall be replaced. Staff has reviewed all the proposals and found the lowest responsive bidder, SRM Construction and Paving, qualified to perform the work. The total cost of the project is estimated to be $1,496,400.00. This amount includes the construction bid price of $1,247,000.00 plus 10% ($124,700.00) for contingencies, 5% ($62,350.00) for materials testing, and 5% ($62,350.00) for surveying and inspection. Environmental Review X N/A Financial Statement The total cost of the project is estimated to be $1,496,400.00. Funding is available through Account Numbers. 109-409-500-598-6035, 307-409-500-598-6035, 342-409-500- 598-6035, and 343-409-500-598-6035. Ad Account No. STAFF RECOMMENDATION Adopt the Resolution. K 3tV BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Bid Opening Sheet 3. Bid Results Spreadsheet 0-8 A-200 (9/80) Resolution No. 200i _1 97 RESOLUTION NO. 2001 - 127 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO SRM CONSTRUCTION AND PAVING FOR THE NATIONAL CITY STREET RESURFACING PROJECT (Engineering Spec. No. 00-8) WHEREAS, the Engineering Department of the City of National City did, in open session on August 2, 2001, publicly open, examine and declare all sealed bids for the National City Street Resurfacing Project. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Street Resurfacing Project to the lowest responsive, responsible bidder, to wit: SRM CONSTRUCTION AND PAVING BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract between SRM Construction and Paving and the City of National City for the National City Street Resurfacing Project. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 21st day of August, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, IR City Attorney BID OPENING SPECIFICATION NUMBER: 00-8 PROJECT TITLE: NATIONAL CITY STREET RESURFACING PROJECT, FY 00-01, OPENING DATE: THURSDAY, AUGUST 2, 2001 TIME: 11:00 A.M. ESTIMATE: $1,310,000.00 PROJECT ENGINEER: MICHAEL LONG NO. BIDDER'S NAME (PAGE 13 OR 14) BID AMOUNT (PAGE 15 & 16) ADDENDA (PAGE 13) BID SECURITY (PAGE 19-CHECK) (PAGE 19 -BOND) 1. SRM CONTRACTING & PAVING 7192 MISSION GORGE ROAD SAN DIEGO, CA 92120-1131 $1,247,000.00 , BOND 2. SOUTHLAND PAVING, INC. 361 NORTH HALE AVENUE ESCONDIDO, CA 92029-1716 $1,306,266.45 BOND 3. NICHOLAS GRANT CORP. 5370 EASTGATE MALL SAN DIEGO,CA 92121 $1,398,883.00 / BOND 4. HANSON SJH CONSTRUCTION P.O. BOX SAN DIEGOO,, CA CA 92163-9069 $1,512,949.74 BOND 5. HAZARD CONSTRUCTION CO. P.O. BOX 229000 SAN DIEGO, CA 92192-9000 $1,530,415.15 / Y/ BOND 6. ABC CONSTRUCTION 3120 NATIONAL AVENUE SAN DIEGO, CA 92113-2597 $1,671,592.89 V BOND 7 August 2, 2001 Final Bid Results for: National City Street Resurfacing Project FY 00-01, Specification No. 00-8 SRM Const. & Paving Southland Paving Nicholas Grant Corp. Hanson Hazard Construction ABC Construction Rank 1 2 3 4 5 6 No. Item Ginty Unit Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount 1 Mobilization 1 LS $18,624.00 $18,824.00 $28,000.00 $28,000.00 $30,000.00 $30,000.00 $43,000.00 $43,000.00 $100,000.00 $100000.00 $32,000.00 $10,230.00 $5,500.00 $10,230.00 $5,500.00 2 Clearing and Grubbing 1 LS $7,227.00 $7,227.00 $14,500.00 $14,500.00 $500.00 $500.00 $30,000.00 $30,000.00 $32,000.00 3 Remove and Replace Street Section 1.5" AC on 8" Base 179,533 SF $1.70 $305,206.10 $2.16 $387,791.28 $2.60 $486,785.80 $2.50 $448,832.50 $2.70 $484,739.10 $3.54 $835,548.82 4 Remove and Replace Street Section 2" AC on 10" Base 39,893 SF $2.25 $89,759.25 $2.49 $99,333.57 $3.25 $129,652.25 $3.08 $122,870.44 $3.05 $121,673.65 $4.51 $179,917.43 5 Unclassified Excavation 500 CY $39.43 $19,715.00 $47.00 $23,500.00 $35.00 $17,500.00 $54.31 $27,155.00 $50.00 $25,000.00 $76.00 $38,000.00 8 Pavement Milling 47,350 LF $0.75 $35,512.50 $0.75 $35,512.50 $0.80 $37,880.00 $0.81 $38,353.50 $0.83 $39,300.50 $0.81 $38,353.60 7 Pavement Fabric 88,961 SY $0.85 $75,616.85 $0.78 $69,389.58 $0.75 $68,720.75 $0.78 $89,389.58 $0.70 $62,272.70 $0.87 $77,396.07 8 1-1/2" AC Overlay 4,900 TONS $45.60 $222,960.00 $39.92 $195,808.00 $44.50 $218,050.00 $42.28 $207,172.00 $40.00 $196,000.00 $50.58 $247,744.00 9 2" AC Overlay 3,096 TONS $43.85 $135,759.60 $39.92 $123,592.32 $44.50 $137,772.00 $43.36 $134,242.58 $40.00 $123,840.00 $50.67 $156,874.32 10 Curb and Gutter (Remove & Replace) 2,000 LF $32.25 $64,500.00 $31.90 $63,800.00 $28.00 $66,000.00 $27.76 $55,520.00 $30.00 $80,000.00 $19.80 $39,600.00 11 New Curb & Gutter 28 LF $32.25 $903.00 $31.90 $893.20 $30.00 $840.00 $22.52 $630.56 $30.00 $840.00 $17.60 $492.80 12 New Sidewalk 3,016 SF $6.80 $20,508.80 $6.75 $20,358.00 $4.15 $12,518.40 $5.00 $15,080.00 $6.30 $19,000.80 $5.50 $16,588.00 13 Sidewalk (Remove 8, Replace) 2,790 SF $7.45 $20,786.60 $7.40 $20,646.00 $4.40 $12,276.00 $8.90 $24,831.00 $7.00 $19,530.00 $7.15 $19,948.50 14 Pedestrian Ramps 28 EA $1,445.00 $40,480.00 $1,450.00 $40,600.00 $740.00 $20,720.00 $1,000.00 $28,000.00 $1,325.00 $37,100.00 $1,375.00 $38,500.00 15 New Cross Gutter 1,430 SF $12.79 $18,289.70 $12.70 $18,161.00 $17.00 $24,310.00 $18.83 $26,926.90 $12.00 $17,160.00 $8.60 $9,438.00 16 Remove &Replace Cross Gutter 4,580 SF $12.79 $58,322.40 $12.70 $57,912.00 $9.50 $43,320.00 $22.52 $102,891.20 $12.00 $54,720.00 $8.25 $37,820.00 17 Adjust Manhole Covers 55 EA $190.38 $10,470.90 $165.00 $9,075.00 $125.00 $6,875.00 $100.00 $5,500.00 $170.00 $9,350.00 $125.00 $6,875.00- 18 Adjust Monument Covers 14 EA $48.90 $684.80 $150.00 $2,100.00 $240.00 $3,360.00 $81.00 $1,134.00 $60.00 $840.00 $50.00 $700.00 19 Adjust Sewer Cleanouts 2 EA $205.60 $411.20 $185.00 $330.00 $240.00 $480.00 $100.00 $200.00 $60.00 $120.00 $50.00 $100.00 20 Reinstall Traffic Loops 48 EA $188.00 $9,024.00 $231.00 $11,088.00 $173.00 - $8,304.00 $250.00 $12,000.00 $175.00 $8,400.00 $186.00 $8,928.00 21 Traffic Stripping 1 LS $21,700.00 $21,700.00 $20,300.00 $20,300.00 $25,000.00 $25,000.00 $21,257.00 $21,257.00 $26,000.00 $25,000.00 $21,650.20 $21,650.20 22 Traffic Control 1 LS $30,990.00 $30,990.00 $40,000.00 $40,000.00 $47,000.00 $47,000.00 $58,740.00 $68,740.00 $81,000.00 $61,000.00 $50,160.00 $50,160.00 23 10' Type B-1 Curb inlet 2 EA $7,565.00 $15,130.00 $3,850.00 $7,700.00 $3,500.00 $7,000.00 $7,348.00 $14,6996.00 $4,500.00 $9,000.00 $4,290.00 $8,580.00 24 18" Schedule 80 PVC Pipe 100 LF $152.33 $15,233.00 $87.00 $6,700.00 $190.00 $19,000.00 $150.00 $15,000.00 $150.00 $16,000.00 $138.00 $13,800.00 25 Ailey Apron (Remove & Replace) 600 LS $8.90 $5,340.00 $9.00 $5,400.00 $6.40 $3,840.00 $10.00 $6,000.00 $8.25 $4,950.00 $8.25 $4,950.00 26 Driveway (Remove & Replace) 497 LS $7.80 $3,876.80 $8.00 $3,976.00 $6.40 $3,180.80 $7.50 $3,727.50 $7.20 $3,578.40 $8.26 $4,100.25 Total Bld $1,247,000.00 $1,306,266.45 $1,398,883.00 $1,612,949.74 $1,630,416.16 $1,671,592.89 Engineers Est/mate $1,310,000.00 $1,310,000.00 $1,310,000.00 $1,310,000.00 $1,310,000.00 $1,310,000.00 Percent Under/Over Estimate -4.81% -0.29% 6.78% 15.49% 16.83% 27.60% Page 1 appropriate into Account No. 312-409-500-598-6569. ru STAFF RECOMMENDATIONi 1. Adopt the Resolution 2. Di '-ct the City Clerk to insert council resolution number and date in the duplicate copies of the Program Supplement and mail the executed duplicate copies along with a copy of the resolution to Caltrans. _BOARD /COMMISSION REC MMENDATION City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE AUGUST 21, 2001 ITEM TITLE RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A PROGRAM SUPPLEMENT NO. M004 TIO ADMINISTERING AGENCY -STATE AGREEMENT FOR PLAZA BOULEVARD WIDENING PROJECT, FEDERAL -AID PROJECT NO. STPL-5066(011) PREPARED BY Din Daneshfar DEPARTMENT Engineering/Public Works EXPLANATION On May 17, 2001, the State authorized the City of National City to proceed with preliminary Engineering for the Plaza Boulevard Widening from Highland Avenue to Euclid Avenue. On June 26, 2001, we requested statement of qualifications from various civil engineering firms. On July 27, 2001, we received (6) six statement of qualifications. The statement of qualifications are currently being evaluated by a selection committee. In order to process the upcoming invoices through the Department of Transportation, the City must execute a program supplement agreement. This resolution is to approve the Program Supplement No. M004 for the preliminary engineering services. The project is 88.5% funded by the Federal funds and 11.5% by the local funds. The project was approved by SANDAG for the total amount at $9,060,000. The amount authorized for the preliminary Engineering is $708,240. AGENDA ITEM NO. 12 Environmental Review X N/A Financial Statement The funds should be deposited into th - ccount No. 312-00000-3498 and 1r�1 Account No. N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Duplicate copies of the Program Supplement No. M004 Resolution No. 2001-128 A 20$J9/a0) RESOLUTION NO. 2001 -128 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT NO. M004 TO ADMINISTERING AGENCY -STATE AGREEMENT NO. 11-5066 FOR THE PLAZA BOULEVARD WIDENING PROJECT (Federal Aid Project No. STPL-5066(011) WHEREAS, on May 17, 2001, the State authorized the City of National City to proceed with preliminary engineering for the Plaza Boulevard Widening Project from Highland Avenue to Euclid Avenue; and WHEREAS, in order to process the invoices through the Department of Transportation, the City must execute Program Supplement Agreement No. M004 to Administering Agency -State Agreement No. 11-5066 for the preliminary engineering services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Program Supplement Agreement No. M004 to Administering Agency -State Agreement No. 11-5066 for the preliminary engineering services for the Plaza Boulevard Widening Project from Highland Avenue to Euclid Avenue. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 21' day of August, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney STATE OF CALIFORNIA . BUSINESS, TRANSPORTATION AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION Division of Local Assistance P.O. BOX 942874, MS# 1 Sacramento, CA 94274-0001 TDD (916) 654-4014 (916) 654-3151 Fax (916) 654-2409 July 27, 2001 Mr. Curtis Williams, Jr. Director of Public Works City of National City 1243 National City Boulevard National City, CA 91950 GRAY DAVIS,Governor File : 11-SD-0-NATC STPL-5066(011) In the City of National City on Plaza Blvd from Highland Ave. to Euclid Ave Attn: Mr. Din Daneshfar Dear Mr. Williams, Jr.: Enclosed are two originals of Program Supplement Agreement No. 004-M to Administering Agency -State Agreement No. 11-5066 covering: Preliminary Engineering for the above -referenced project. Please sign both copies of this Agreement and return them to this office, Office of Local Programs - MS1. Alterations should not be made to the agreement language or funding. Attach your local agency's certified authorizing resolution that clearly identifies the project and the official authorized to execute the agreement. A fully executed copy of the agreement will be retumed to you upon ratification by Caltrans. Your prompt action is requested. No invoices for reimbursement can be processed until the agreement is fully executed. Sincerely, Office of Proje Division of Enclosure SA, Chief mplementation, South ocal Assistance c: OLP AE Project Files (11) DLAE - Gary Vettese PROGRAM SUPPLEMENT NO. M004 ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 11-5066 Date:July 20, 2001 Project Number: STPL-5066(011) E.A. Number:11-956123 This Program Supplement is hereby incorporated into the Agency -State Agreement for Federal Aid which was entered into between the Agency and the State on 07/24/97 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Article I of the aforementioned MasterAgreement under der authority of Resolution No. , approved by the Agency on (See copy attached). The Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT LOCATION: In the City of National City on Plaza Blvd from Highland Ave. to Euclid Ave TYPE OF WORK: Roadway Widening PROJECT CLASSIFICATION OR PHASE(S) OF WORK [X] Preliminary Engineering [ ] Construction Engineering Estimated Cost $800,000.00 LENGTH: 1.2(MILES) [ ] Right -Of -Way Federal Funds Q23 $708,240.00 CITY OF NATIONAL CITY By Date Attest Title [ ]Construction LOCAL $91,760.00 Matching Funds $0.00 OTHER $0.00 STATE OF CALIFORNIA Department of Transportation By Chief, Office of Local Programs Project Implementation Date I hereby certify upon my personal knowledge that budgeted funds are available%for this 1encumbrance: -ab Date / • a' 3 • v / Accounting Offi Chapter I Statutes 52 2000 Item Year Pr gram .3 $708,240.00 BC Category Fund Source AMOUNT 2660-101-890 2000-2 20 18.: 0 C 262040 892-F 708,240.00 Program Supplement 11-5066-M004- ISTEA Page 1 of 2 11-SD-0-NATC 07/20/2001 STPL-5066(011) SPECIAL COVENANTS OR REMARKS 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article III MAINTENANCE of the aforementioned Master Agreement will be the responsibility of the ADMINISTERING AGENCY and shall be performed at regular intervals or as required for efficient operation of the completed improvements. 2. The ADMINISTERING AGENCY agrees that payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration (FHWA) in the Federal -Aid Project Authorization/Agreement or Amendment/Modification (E-76) and accepts any increases in ADMINISTERING AGENCY funds as shown on the Finance or Bid letter or its modification as prepared by the Division of Local Assistance, Office of Project Implementation. 3. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current Local Assistance Procedures Manual. 4. The ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act and OMB A-133, if it receives $300,000 or more in federal funds in a single fiscal year. The federal funds received under this project are a part of the Catalogue of Federal Domestic Assistance (CFDA) 20.205, Highway Planning and Research. OMB A-133 superceded OMB A-128 in 1996. Reference to OMB A-128 in Master Agreement (if any) is superceded by this covenant. 5. This Program Supplement will be revised at a later date to include other phases of work. Program Supplement 11-5066-M004- ISTEA Page 2 of 2 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE AUGUST 21, 2001 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL TO APPROVE, ACCEPT, AND RECORD" ON BEHALF OF THE PUBLIC A PORTION OF 9TH STREET AND PARADISE KNOLL COURT AS SHOWN ON PARADISE KNOLL SUBDIVISION MAP (S-1991-1, LS-1999-1) PREPARED BY Adam J. Landa DEPARTMENT Engineering EXPLANATION Paradise Knolls L.L.C. has submitted a final subdivision map with the dedication of Paradise Knoll Court and a portion of 9th Street for the City Council approval, acceptance, and filing with the County Recorder. The subdivision map consists of 11 parcels. The tentative subdivision map has been reviewed and approved by the City Council Resolution No. 99-171, dated October 26, 1999. The sidewalks and new streets will be utilized by the general public. The final subdivision map, grading plan, and all required street improvements plans have also been approved by the Engineering Department. 13 Environmental Review Financial Statement ._ N/A N/A Account No. STAFF RECOMMENDAT Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Final Subdivision Map A•200 (9/80) Resolution No. 2001-129 I RESOLUTION NO. 2001 —129 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE FINAL SUBDIVISION MAP FOR THE PARADISE KNOLL SUBDIVISION AT THE SOUTHEAST CORNER OF NINTH STREET AND PARADISE DRIVE, AND ACCEPTING A DEDICATION OF PROPERTY FOR PUBLIC RIGHT-OF-WAY PURPOSES WHEREAS, at a regular meeting of the City Council held on October 26, 1999, the City Council adopted Resolution No. 99-171, approving the tentative subdivision map for the property at the southeast corner of Ninth Street and Paradise Drive; and WHEREAS, all requirements of the tentative subdivision map, the State Subdivision Map Act and Title 17 of the City of National City Municipal Code have been complied with; and - WHEREAS, the final map contains an offer of dedication, for public right-of-way purposes, of a portion of the property to be known as Paradise Knoll Court. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, that the final subdivision map for the property at the southeast corner of Ninth Street and Paradise Drive is hereby approved. BE IT FURTHER RESOLVED, that the Mayor, City Clerk and City Engineer are hereby authorized and directed to file said final subdivision map with the County Recorder. BE IT FURTHER RESOLVED, that the portion of the property offered for dedication known as Paradise Knoll Court is hereby accepted for public right-of-way purposes. PASSED and ADOPTED this 21' day of August, 2001. ATTEST: Michael R. Dalla, City Clerk George H. Waters, Mayor APPROVED AS TO FORM: George H. iser, III City Attorney BY E E OWNERS IN THEE LAND EMBRACEDTU,1WEYITHIN TTHHE SUBDMSION ORTME INTERESTED IN PARADISE KNOLL MD WE HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF THIS MAP, CONSISONO F 3 SHEETS MID DESCRIBED IN THE CAPTION THEREOF. WE TSTO THE LLCWNISE OLL UMID OR ION OF NINTBY HTREET, AASSHOWN ON THIIS MAPWR THIS SUBDMSION. PARADISE KNOLL, A LIMITED LIABILITY COMPANY, AS OWNER BY: _triole EVEN D. TOLBERTDATE NEIGHBORHOOD NATIONAL BANK, AS BENEFICIARY UNDER DEED OF TRUST RECORDED AUGUST 2, 2001 AS FILE NO. 2001-0540082 OF OFFICIAL RECORD. STATE OF CALIFORNIA, I S.S. COUNTY �AIO'FF- LSAN DISCO ANNOTAflYPPUBCCy'FRSONALLYQ PFEAREDESTEVEN D. TOLB , PE ORAL Y OKNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BEE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THONE SAME IN WE NSTRUIS MENTT AUTHORIZED PERSON,, OR THEDENTITY UPON BY HN BEHALF OF WHICH THE PERSON ACTED, EXECUTED THE INSTRUMENT. WITNESS MY FHWlD: SIGNATURE PRINT NAME NOTARY PUBLIC IN AND FOR D COU AND STATE MY PRINCIPAL' PUCE OF BUSINESS IS IN SAN DIEGO COUNTY MY COMMISSION EXPIRES ON1-(1MAIB4)'(1 11.0(6 COUNTY OF SANBEE OF 001 S.S. ON IN 2 , BEFORE M �V,I A NOT U PERSO APPEARED .417774371111927717 MD Y ' T PROVED TO ME ON THE BASIS OF SATISFACTORY CADENCE) TO BE E PAND ACKNO NS EDGED TO ME THE NAMES ARE AT THREYEEDTO XECUTTEED THEWITHIN SAMES INSTRUMENT AUTHORIZED CAPACITY, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ATEO, EXECUTED THE INSTRUMENT. WITNESS MY HAND: SIGNATURE7y%rxlr, PRINT NAME tS IA T%/b7F1 NOMYTPRNCIPAL PLACE OF BUSINESPUBUC IN MD FOR S IS IN SAN DIEGOD ECOUNTY MY COMMISSION EXPIRES ON .Dec./G2.1. ZOO a DGB SURVEY & MAPPING !] 1/2 NAPA S41,1. CAW& MU, CA 01011 TW.. Ie10W2-Y2e9 FAT (e10)429-e547 PARADISE KNOLL MAP NO. BEING A SUBDMSION OF THAT PORTION OF LOT 13 OF HILLS OF PARADISE, IN THE CRY OF NATIONAL CITY COUNTY OFSAN DIEGO, STATE OF CAUFORNU, ACCORDING TO IMP THEREOF NO. MOO, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO TSLSEFTESLHEY�NERFSAIDESPAUEL0ERIG�EOARIGHTANGESFROM HOUUTTHERLUEOLOT 3. SAID SOPARALLEL LINE A STRAIGHT BEARING NORTH EAST. SUBDMSION GUARANTEE PROVIDED SY: FIRST AMERICAN TITLE INSURANCE COMPANY; ORDER NO. 1238358-22, DATED JULY 18, 2001 STATE OF CALIFORNIA, COUNTY OF SAN DIEGO i S.S. WE, DIEGO, STATE OF CAUURFOR A AND DIRECTOR, DEPARTMEENT OF PUBLICC WORKS F SAID COUNTY, HEREBY CERTIFY THAT THERE ME NO UNPAID SPECIAL ASSESSMENTS OR BONDS WHICH MAY BE PAD IN FULL, SHOWN BY OR MIT PART THERE SHOWN THE AGAINST NENEXEDD MAPE TOR DESCRIBED IN THE CAPTION THEREOF. BART HARTMAN COUNTY TREASURER- DEPUTY TAX COLLECTOR DATE: JOHN SNIDER BY: DIRECTOR, DEPARTMENT FOR DIRECTOR OF PUBLIC WORKS DATE: TE OF CALIFORNIA, Is OF SAN 01E00 I. GEORGE ':.', CITY TREASURER FOR THE CITY OF NATION CRY, DO HEREBY CERTT '. T THERE ME NO UNPAID SPEC. SESSMENTS OR BONDS WHICH ' :E PAID IN FULL SHO - THE BOOKS FOR THE CITY OF NATIONAL C .GMNST THE ' ' SUBDMSION OR ANY PART THEROF SHOWN ON T NEXE' .I• MD DESCRIBED IN THE CAPTION THEREOF. CITY TREASURER, C BY. DATE I, T J. PASIUSZKA, CLERK OF THE BOARD OF SUP 5, HEREBY THAT THE PROVISIONS OF' THE SUBDM ACT S (OMSION 2 Of OF E GOVERNMENT CO EGMDINO (A LIENS)ENSSFOITS FUONPAD TAESTATE, C CERTIFlGDO L OR LOCAL TAXESO SPECIAL ACCESSMENTS COLLECTED EXCEPT THOSE NOT YET PAYABLE, HAVE BEEN COMPU"' EBS EN:' EBOARDDEPUTY PERWSORS DATE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO �35 WE, OEOROE WATERS, MAYOR, MD MICHAEL R. DALLA, CITY CLERK OF NATIONAL CRY CAUFORNLA, HEREBY CERTIFY THAT THE CITY COUNCIL BY RESOLUTION NO. HAS APPROVED THIS SUBDMSION MAP CONSISTING OF 3 SHEETS MD DESCRIBED IN THE CAPTION THEREOF, AND HAS ACCEPTED ON BEHALF OF THE PUBLIC PARADISE KNOLL COURT AND A PORTION OF NINTH STREET AS DEDICATED AND SHOWN ON SAID MAP. BY: BY: GEORGE WATERS, MAYOR NATIONAL CITY, CALIFORNIA MICHAEL R. DALIA CRY CLERK OF NATIONAL CITY, CALIFORNIA ATE SHEET 1 OF 3 SHEETS I, DONALD O. RIKER, A LICENSED LAND SURVEYOR OF THE STATE OF CALIFORNIA. HEREBY CERTIFY THAT THE SURVEY OF' THIS SUBDMSION WAS MADE BY ME OR UNDER MY DIRECTION ON MAY B 2000 AND THAT SSD SURVEY S T ALL STAKES, MONUMENTS' AND MARKKS SET,UE AMPLETE TOGETHER WTIH ASSHOWTHOSEEFFOUND, ME OF THE CHARACTER INDICATED MID OCCUPY THE POSITIONS SHOWN THEREON. I WILL SET ALL OTHER MONUMENTS OF CHARACTER, AND AT THE POSITIONS INDICATED BY THE LEGEND ON THIS MAP WITHIN THIRTY (30) DAYS AFTER THE COMPLETION OF THE REQUIRED IMPROVEMENTS AND THEIR ACCEPTANCE BY THE CITY OF NATIONAL CITY MID ALL SUCH MONUMENTS ARE OR WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. (SEE LEGEND ON SHEET NO. 2) DONALD 0. SANER, LS 8085 Lo/TE LICENSE EXPIRES JUNE 30, 2004 1, BURTON S. MYERS, CITY ENGINEER OF THE CITY OF NATIONAL CITY CALIFORNIA. HEREBY CERTIFY THAT I HAVE EXAMINED THE ANNEXED MAP SISTINOF G OF 3IS USHETSOALD DESO CRIBED IN TTHE PARADISE KNOLL, FOR CORRECTNESS OF SURVEY DATA. MATHEMATICAL DATA, AND COMPUTATIONS AID SETTING OF MONUMENTS MID HAVE FOUND THAT THE DESIGN IS SUNSTANTVLLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREF, THAT ALL THE PROVISIONS OF THE SUBDMSION MAP ACT OF THE STATE OF CALIFORNIA, AS AMENDED, MD OF ANY LOOM. ORDINANCE OF SAID CRY APPLICABLE AT THE TIME OF THE APPROVAL OF THE TENTATIVE MAP HAVE EEN COMPLIED WITH AND ISATISFIED AND HEREBY CERTIFY TI ,IT'AID MAP IS TECHNICAMALLY CORRECT. S. S, C i ENOI'' RCE 24028, EXPIRES '/31/2001 r AIM OB IA. �Bi„kaI . M P "E OfCA,?Q� FILE NO* 1, OREGORY J. SMITH, COUNTY RECORDER OF THE COUNTY OF SAN DIE00, CALIFORNIA, HEREBY CERTIFY THAT I HAVE ACCEPTED FOR RECORDATION THIS MAP FILED AT THE REQUEST OF DONALD C. BAKER, THIS DAY OF 2Q_ AT O'CLOCK _OIL GREGORY J. SMITH BY: COUNTY RECORDER DEPUry OQUNTY RECORDER FEE 112.00 00-09T9 TM 1999-1 VICINITY MAP NOT TO SCALE CONVERGENCE ANGLE AT PT/ 1242 100 0 100 200 SCALE: 1' - 100' GRAPHIC SCALE SEL 000. D^`Y DGB SURVEY & MAPPING W 1/2 NANee Well. Chula TWA, CA. 01011 Tete. (612)469-7969 FAX (619)162-6647 PARADISE KNOLL \\ DETAIL "A" 1017.3j ' / 35�-/. MAP NO. -_-------J/ 99819. OF BGAINU3 FR 2.5' BRCS 05Y W A1Tl NON CENTERLINE WIERSEC0011 OF MUD AlC ; 6 BM SE., PDT ROS /092 PI/ 1242 114,619,211.99 E•RSOS,33050 , MONUMENTATION LEGEND QA ED. LEAD & TACK, NO RECORD @8 TO. OPEN 3/4' IRON PIPE. NO RECORD © FD. NAIL NO RECORD Q FD. LEAD & DISC, 'RCE 28375', NO RECORD Q ED. LEAD & DISC, 'ROE 1534', NO RECORD QF FD. 'PM NAIL NO RECORD Q F0. 1' IRON PIPE. 'CALTRANS", PER MS 783 QH TO. CALTRANS CONTROL MONUMENT STAMPED 'aL-908' PER MS 783 0 FD. CALTRANS CONTROL MONUMENT STAMPED '3L-909' PER MS 783 Q FD. RAILROAD SPIKE PER MS 783 MONUMENTATION TABLE NO DELTA OR BRO. PER RECORD RADIUS LENGTH T A-74'54'O8' A.74'S8' 57.98' 75.80' 2 4974.47'40- A-74'83' 10.00' 130.54' 2` NIT57'44'W N18'27'W 94.96' 4 A-64'22'0' 61.93' 69.57' I' A•64'26'16' A, .64'22' 35.00' 39.36' 6 N72'04'28'E N71'38'E 110.53' 116.74' 072'08'44'E N71'38'E 175.67' PROCEDURE OF SURVEY SHEET 2 OF 3 SHEETS I& 1E10 & DISH SIMPER 'S0 07Y EWE AH78,E I , SE . ' SE MOOS 14492 PE/ I246 N4,829,795.59 E•A3D7,794.52 \ BASIS OF BEARINGS THE BEARINGI BOF ETWEEN PT/ 1242 THIS MAPAND PTI 1246 PERRROB 3, 144 2 NE 6, GRID I.E. N75'13'59'E. QUOTED BEARINGS MAPS/DEEDS MAY OR MAY NOT BE IN TERMS OF SYSTEM. THE CDISTANCE D GROUND DISTANCE XPOINTSCALE FACTOR AT COMBINEDINED SCALE NO. 1242 IS I94 FACTOR GRID LEGEND • INDICATES FOUND MONUMENT AS NOTED O SET 2'924' IRON PIPE WITH DISC STAMPED 'LS 6665' • 2 92C4' IRON PISTANDARD AND DISC SSTTAMEET PED 'LSURVEY M6665' MENT WRN () INDICATES RECORD DATA PER MAP 1860, UNLESS OTHERWISE NOTED INDICATES RECORD DATA PER MAP 2787 INDICATES SUBDIVISION BOUNDARY (R) INDICATES RADIAL (1 MONUMENTATION NOTE; UNLESS OTHERWISE SHOWN A 3//4'918' IRON PIPE WITH DISC STAMPED 'LS 6665' WILL BE SET AT ALL REAR AND INTERIOR LOT CORNERS. FRONT LOT CORNERS AND ALL POINTS OF CURVATURE ALONG DEDICATED STREETS WILL BE MONUMENIED BY A LEAD & DISC STAMPED 'LS 6665' IN THE SKIEWALR ON AN OFFSET OF 7.00 FEET, SAID OFFSET SHALL BE MEASURED RADIALLY OR AT RIGHT ANGLES TO THE RIGHT OF WAY UNE, ALONG THE PROLONGATION OF THE LOT UNE TOTAL AREA OF SUBDIVISION: 67,522 S.F. 2.09 ACRES TOTAL NUMBER OF LOTS: 11 BEGINNING OF LOT NUMBER: 0 ENDING LOT NUMBER: CD DETAIL "B" TM 1999-1 00-0443 MAP NO. 4, 5WC' DGB SURVEY & MAPPING P] i/[ 3.II.0 84eet Cbult 01.u. C.t 01211 nl... (010)499-0009 9AC (0l0)499.00b 00 0279 tct ,26 tr PARADISE KNOLL J AFA��� C) • \ 66— \ J 1� grVIA tog [V�' Q9' 5.R1'9 S. 051 0 \ 5.05.01' R.130.00' \ 6.3751'44' Al 1.55.55' 5.15005. '15 \ O' T51'44• k'3888' v, \ O 10 S.F• �1yy \ 61561 R.50,Oi � \\ '7 973545• ) /I /I /I / 6lO SF. Ic5� 4. 4E is •, 4100105• In 1A N— VA r 0. p.pp.0��'''15' 6 �.71' ga, 5555 togo \ a1 raksa`yy5, -11 / irl i. O' 1 jYJ�. • <V° S 15A'1 k•115'001. 11 i 6,y66 $ � • b...3455 PARADISE KNOLL COURT, DEDICATED HEREON 11.50410' 4.3d5Q . pd1'1511 Att 4 SHEET 3 OF 3 SHEETS uwoc '"`poFA.211 y 6144 $S' 5 '3 0 T.M. 1999-1 08/15/2001 14:25 6192314684 FIRST AMERICAN TITLE PAGE 01/01 STATE OF CALIFORNIA . SS: COUNTY of SAN DIEGo . I, Bart J. Hartman, certify that I ani the duly qualified and elected Treasurer -Tax Collector of the County of San Diego, State of California; That I have examined the records in my office as to delinquent taxes and assessments collected by the County of San Diego on the property in the subdivision or parcel map known as: PARADISE KNOLL T.M. 1999-1 A final map of which subdivision or parcel map is about to be filed with the appropriate legislative body in the County of San Diego for approval; and I hereby certify that at the date hereof there are NO liens against said subdivision or parcel map, or any part thereof for unpaid State, County, Municipal or local taxes and special assessments for the fiscal year 2000/2001. I further certify that there are against the parcel or parcels of real property within which the subdivision or parcel map is situated liens for State, County and local taxes and special assessments collected as taxes which are a lien bat which are not yet payable and which I estimate as follows: 0.00 State, County, School and Special District Taxes S1,812.00 Include city of NATIONAL CITY Tilt Milk OF 11118 DOM! 116 REINS OH fdl& 15, 2001 Docaur NEER 2OO1-057)447 GEM I. 91111 CONY WEBER SIN DIEGO curt RIER'S (FM ID E.1O 4`i f14 In WITNESS *HEREOF, I have hereunto set my hand this 15 Tl-I day of AUGUST 2001 Certificate No. 01-334 BART J. HARTMAN • TREASURER TAX COT LECTOR IBIS CERTIFICATE VOID BEGINNING: • SEPTEMBER 20, 2001 tsel No. SS1220•11.00 BY. Subject to Government Code Section 66493 Tax Surety l Bond Required Yes ® No ❑ This certificate must be filed with the County Recorder and a Co^:::rated copy delivered to the appropriate legislative body in the County of San Diego.• r. MEETING DATE ITEM TITLE RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE ZRRERPLACE STREETS.N 10111 AND 11114 APPLICANT: AN :PAAMANOPSEVATION, L.P.CASE FILE NO. SC2001-1 PREPARED BY DEPARTMEN Planning Jon Cain EXPLANATION. The City Council approved the vacation of the west half of Arcadia Place between 10th and 11th street following a public hearing held on June 12, 2001. The approval included a condition requiring the applicant to obtain a variance for an 8-foot fence along Arcadia Place to prevent traffic between the apartment complex and the adjacent single-family neighborhood. The variance has been approved by the Planning Commission; a Notice of Decision is included on this Council agenda. The applicant has satisfied all of the remaining conditions. Street improvement plans were submitted and Engineering Department requirements met, and an easement has been granted to SDG&E. Adoption of this resolution will finalize Council's action for the street vacation and cause ownership of the property to be conveyed to the owner of the adjacent Plaza Manor apartment complex. City of National City, California COUNCIL AGENDA STATEMENT August 21, 2001 14 AGENDA ITEM NO. Environmental Review _N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Rcp Adopt the attached resolution. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution Order of Vacation Exhibit A Resolution No. 2001-130 A-200 (Rev. 9/80) RESOLUTION NO. 2001 - 130 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE THE WEST HALF OF ARCADIA PLACE BETWEEN lOTM AND 11TH STREETS CASE FILE NO. SC-2001-1 WHEREAS, the City Council of the City of National City adopted Resolution No. 2001-72 on May 15, 2001 declaring its intention to vacate and close portions of the west half of Arcadia Place between 10d' and 11"' Streets, more particularly described in Exhibit "A" attached hereto and incorporated herein as though set forth in full, as more particularly described hereafter, in the City of National City, County of San Diego, State of California, and WHEREAS, the City Engineer of the City of National City, California, has caused notice of said vacation and closure to be posted in the manner specified by law, and WHEREAS, the Planning Commission of the City of National City, California has considered the proposed vacation and closure and has found and determined that the said, proposed vacation and closure of the west half of Arcadia Place between 10i6 and 11th Streets is in conformity with the City's adopted General Plan; and that said portion of public right-of- way is not useful as a nonmotorized transportation facility, as defined in Section 156 of the Streets and Highways Code of California, and is not needed for present or prospective public use, and WHEREAS, the City. Council has considered the Planning Commission's report and recommendation, and the presentation of staff regarding the proposed vacation and closure, and WHEREAS, all things and acts necessary to be done as required by Part 3 of Division 9 of the Streets and Highways Code of the State of California, in order to abandon said street have been done and accomplished, and WHEREAS, a hearing was held on June 12, 2001 in the City Council Chambers of the City of National City, at which time all persons interested in or objecting to the proposed vacation and closure were afforded the opportunity to appear and be heard, and WHEREAS, the City Council at said hearing, found, from all evidence submitted, that said portion of public right-of-way is unnecessary for present or prospective public street purposes, and are not useful as a nonmotorized transportation facility, as defined in Section 156 of the California Streets and Highways Code; and Resolution No. 2001 -130 August 21, 2001 Page Two WHEREAS, the City Council at said hearing further found that vacation and closure of said portion of public right-of-way is in conformity with the adopted General Plan. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the Mayor and City Clerk are respectively authorized and directed to execute and attest an Order to Vacate the above described portion of public right-of-way. 2. The City Clerk is hereby authorized and directed to cause a certified copy of subject order to be recorded in the office of the County Recorder of San Diego County, pursuant Section 8324, California Streets and Highways Code. PASSED and ADOPTED this 214 day of August, 2001. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: MC George H. Eiser, III City Attorney George H. Waters, Mayor LEGAL DESCRIPTION: THAT PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF QUARTER SECTION.106 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO. 166 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF SAID. QUARTER SECTION, IN THE CENTER UNE OF A PUBLIC STREET 80.00 FEET .WIDE; THENCE SOUTH 1831'23" EAST (RECORD SOUTH 19' EAST), 631.68 FEET ALONG THE EASTERLY UNE OF SAID NORTHWEST QUARTER OF SAID QUARTER SECTION TO THE TRUE POINT OF BEGINNING, THE TRUE POINT OF BEGINNING ALSO BEING ON 1HE CENTERLINE OF ARCADIA PLACE, THE RIGHT—OF—WAY OF ARCADIA PLACE BEING 60.00 I'tL I IN WIDTH; THENCE LEAVING SAID EASTERLY UNE SOUTH 7116'22* WEST, 30.00 FEET ALONG THE WESTERLY PROLONGATION OF THE NORTHERLY RIGHT—OF—WAY UNE OF TENTH STREET, THE RIGHT—OF—WAY OF TENTH S i tzttT BEING 60.00 FEET IN WIDTH; THENCE SOUTH 18'31'23" EAST, 30250 FEET ALONG A UNE 30.00 FLtI WEST OF AND PARAI I Fl TO SAID EASTERLY UNE; THENCE NORTH 7116 '22* EAST, 30.00 FEET ALONG THE WESTERLY PROLONGATION OF THE SOUTHERLY RIGHT—OF—WAY LINE OF ELEVENTH STREET, THE RIGHT—OF—WAY OF ELEVENTH STREET BONG 60.00 I-ELI IN WIDTH, TO A POINT ON SAID EASTERLY LINE, SAID POINT ALSO BEING ON THE CENTERLINE OF ARCADIA PLACE; THENCE NORTH 18'31'23" WEST, 302.50 FEET ALONG SAID EASTERLY LINE THE TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED AREA HAVING AN AREA OF 9075.00 SQUARE FEET, MORE OR LESS. RON MART»I AND ASSOCIATES, INC. EXHIBIT "A" LEGAL DESCRIPTION Scale PROPOSED VACATION OF ARCADIA r:evtsootis sheet 942 CAIE Joao. 91E too sa aEMBfE CA. �s u i — EXHIBIT "A" City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 07, 2001 15 AGENDA ITEM NO. / ITEM TITLE WARRANT REGISTER #06 ( Environmental Review N/A PREPARED BY C. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #06 per Government Section Code 37208. J Financial Statement Not applicable. Approved By: Finance Dire "i r Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $1,140,404.20. BOARD / COMMISSION JECOMMEN ATION ATTACHMENTS ( Listed Below ) 1. Warrant Register #06 2. Workers Comp Warrant Register dated 08/01/0 3. Payroll Warrant Register dated 08/01/01 Resolution No. A-200 (9/99) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 21, 2001 AGENDA ITEM NO. 16 ITEM TITLE WARRANT REGISTER#07 PREPARED BY C. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #07 per Government Section Code 37208. ( Environmental Review Financial Statement Not applicable. N/A Approved By: Finae Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $314,667.57. BOARD / COMMISSION RECOMMENDATION /7//2/-/7//,9 ATTACHMENTS ( Listed Below ) 1. Warrant Register #07 2. Workers Comp Warrant Register dated 08/08/01 Resolution No. A-200 (9/99) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 21, 2001 17 AGENDA ITEM NO. ITEM TITLE CONSOLIDATED CASH AND INVESTMENT REPORT AS OF APRIL 30, 2001 PREPARED BY T. LimfuecoU EXPLANATION DEPARTMENT Finance For the City Council's information and in compliance with the City's investment policy, the consolidated cash and investment report as of April 30, 2001 is hereby submitted. This report reflects the components of the investment portfolio as of April 30, 2001 and the results of the investment program for the period then ended. The investment portfolio provides for sufficient liquidity to meet the following month's estimated expenditures. ( Environmental Review Financial Statement Not applicable. N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION We recommend that the report be accepted and filed. BOARD / COMMISSIO RECOMMENDATION �>g7ticri/L: , 24/41 ATTACHMENTS ( Listed Below ) 1. Cash Account Summary. 2. Portfolio Summary. 3. Portfolio Details - Investments. 4. Activity Report — Sorted by Brokers 5. Consolidated Cash 6. Monthly Statement 7. Monthly Statement 8. Pooled Investment Resolution No. Report. of Receipts. of Disbursements. Transactions Report. A-200 (9i99) CITY OF NATIONAL CITY CASH ACCOUNT SUMMARY 30-Apr-01 BALANCE REVOLVING CASH $ 3,597.34 RETURNED CHECKS 6,074.72 BANK OF AMERICA #80200 (494,390.45) OUTSTANDING WARRANTS (137,395.61) PAYROLL OUTSTANDING WARRANTS (39,976.51) CASH HELD BY BROKERS 2,800.24 INVESTMENTS 20,296,599.69 LAIF 16,409,950.09 TOTAL $ 36,047,259.51 INVESTMENT EARNINGS HISTORY: FISCAL YEAR YEAR-TO-DATE TOTAL YEAR 2000-01 $ 1,548,594.20 $ 1999-00 1,102,752.84 1,841,539.16 1998-99 1,067,833.47 1,702,889.57 1997-98 807,771.46 1,478,232.91 1996-97 855,194.65 1,256,907.31 1995-96 915,958.70 974,113.25 1994-95 887,377.54 1,001,709.56 1993-94 766,139.99 1,011,586.52 1992-93 458,069.70 721,913.49 1991-92 668,168.31 864,052.63 1990-91 954,006.53 1,303,878.52 1989-90 1,106,292.45 1,544,993.71 1988-89 839,400.25 1,311,930.94 1987-88 750,689.96 979,435.87 1986-87 805,437.80 1,048,978.23 1985-86 1,072,502.14 1,321,688.93 0401 Combined Cash Reconciliation Worksheets SymPro City of National City Portfolio Management Portfolio Summary April 30, 2001 City of National City Book % of Days to YTMIC YTM/C Par Market Term Maturity 380 Equiv. 365 Equiv. Investments Value Value Value Portfolio 8,011,000.00 8,011,000.00 8,011,000.00 39.47 490 228 6.345 6.433 Certificates of Deposit - Monthlyturit95,000.00 95,000.00 0.47 1,827 1,115 6.000 6.083 C Negotiable/Transferable le Tofr Deposit -Maturity 7095,000.008.182 4,670,000.00 4,474,317.42 4,312,288.23 21.25 1,993 1,229 8.070 P Federal Agency ncy Sec Ole CDs 00 7,648,156.67 7,724,490.20 38.06 1,204. 946 5.749 5.829 Agency Securities 7,149,t186.15 10,061.15 153,453.32 153,823.26 0.76 1,364 7.871 7.980 Pass Through Securities 20,296,599.69 100.00% 1,094 720 6.495 6.585 Investments 20,650,061.15 20,381,927.41 Total Earnings April 30 Month Ending Fiscal Year To Date Current Year 112,686.93 1,212,770.15 20,224,274.26 22,408,860.31 Average Daily Balance n 6.50% Effective Rate of Return 6.78 /o R. Marylot.tMatienzo, Director of Finance Ur-U-4'qt— t�j�_ o Portfolio CNC CC PM (PRF PM1) SymRept V5.02f Run Date: 08/15/2001 - 08:38 Certificates of Deposit - Monthly 10440 Admiralty Bank 12/21/2000 99,000.00 99,000.00 99,000.00 6.950 6.950 50 06/20/2001 10183 Argo Federal Savings Bank 04/30/1999 99,000.00 99,000.00 99,000.00 5.800 5.600 364 04/30/2002 10445 American Investment Bank 01/05/2001 99,000.00 99,000.00 99,000.00 6.820 8.820 251 01/07/2002 10449 Anderson Brothers Bank 01/19/2001 99,000.00 99,000.00 99,000.00 8.200 6.200 78 07/18/2001 10201 Ashbum Bank 05/11/1999 99,000.00 99,000.00 99,000.00 5.600 5.600 10 05/11/2001 10425 Asia Europe Americas Bank 10/24/2000 99,000.00 99,000.00 99,000.00 7.120 7.120 176 10/24/2001 10192 Associates National Bank 05/08/1999 100,000,00 100,000.00 100,000.00 5.850 5.850 370 05/00/2002 10459 Astoria Federal Savings & Loan 02/05/2001 100,000.00 100,000.00 100,000.00 5.900 5.900 280 02/05/2002 10410 Bank of Alamo 09/08/2000 99,000.00 99,000.00 99,000.00 7.300 7.300 132 09/10/2001 10428 Bank of Alice, The 10/24/2000 99,000.00 99,000,00 99,000.00 7.100 7.100 177 10/25/2001 10431 Bank of Kentucky, The 11/14/2000 99,000.00 99,000.00 99,000.00 7.100 7.100 197 11/14/2001 10491 Bank of Nashville, The 03/30/2001 99,000.00 99,000.00 99,000.00 5.240 5.240 384 04/30/2002 10428 Bank of Wilmington 10/30/2000 99,000.00 99,000.00 99,000.00 7.110 7.110 182 10/30/2001 10398 Boundary Waters Community Bank 06/30/2000 99,000.00 99,000.00 99,000.00 7.600 7.600 62 07/02/2001 10446 Capital One Bank 01/09/2001 100,000.00 100,000.00 100,000.00 6.640 6.840 434 07/09/2002 10225 Corn Belt B & T Co 08/28/1999 99,000.00 99,000.00 99,000.00 6.200 6.200 58 06/28/2001 10503 Centennial Bank of the West 04/30/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 364 04/30/2002 10515 Commerce Exchange Bank 04/24/2001 99,000.00 99,000.00 99,000.00 5.050 5.050 358 04/24/2002 10452 Century Bank 01/24/2001 99,000.00 99,000.00 99,000.00 6.050 6.050 268 01/24/2002 10505 Capitol Federal Savings Bank 04/17/2001 99,000.00 99,000.00 99,000.00 5.310 5.310 412 06/17/2002 10417 Citizens Bank 09/29/2000 99,000.00 99,000.00 99,000.00 7.250 7.250 150 09/28/2001 220872DT9 10447 Capital One FSB 01/09/2001 99,000.00 99,000.00 99,000.00 6.630 8.630 434 07/09/2002 10174 Corus Bank 04/16/1999 95,000.00 95,000.00 95,000.00 5.450 5.450 350 04/16/2002 10384 Cowlitz Bank 05/08/2000 99,000.00 99,000.00 99,000.00 7.250 7.250 7 05/08/2001 10422 Credit America Savings Co 10/18/2000 99,000.00 99,000.00 99,000.00 7.150 7.150 170 10/18/2001 10407 Community Savings Bank 08/31/2000 99,000.00 99,000.00 99,000.00 7.250 7.250 122 08/31/2001 10438 Direct Merchants Bank 12/15/2000 100,000.00 - 100,000.00 100,000.00 7.000 7.000 228 12/15/2001 10474 Eaton Federal Savings Bank 03/12/2001 99,000.00 99,000.00 99,000.00 5.500 5.500 315 03/12/2002 10437 Enterprise Bank 12/05/2000 99,000.00 99,000.00 99,000.00- 7.050 7.050 218 12/05/2001 10453 Farmers State Bank of Oakley 01/29/2001 99,000.00 99,000.00 99,000.00 6.000 6.000 274 01/30/2002 10182 First Bank of Richmond SB 04/29/1999 99,000.00 99,000.00 99,000.00 5.600 5.600 363 04/29/2002 10408 First Capital Bank of Kentucky 09/06/2000 99,000.00 99,000.00 - 99,000.00 7.400 7.400 309 03/06/2002 10388 First Financial Bank 06/02/2000 99,000.00 99,000.00 99,000.00 7.750 7.750 32 06/02/2001 10463 First Enterprise Bank, West Br 02/15/2001 99,000.00 99,000.00 99,000.00 5.900 5.900 654 02/14/2003 10420 First Western Bank 10/11/2000 99,000.00 99,000.00 99,000.00 7.150 7.150 69 07/09/2001 10414 FNB of Bamesville 09/22/2000 99,000.00 99,000.00 99,000.00 7.300 7.300 329 03/26/2002 City of National City Portfolio Management Portfolio Details - Investments April 30, 2001 Page 2 CUSIP Investment # Issuer Average Purchase Stated YTM/C Days to Maturity Balance Date Par Value Market Value Book Value Rate Moody's 385 Maturity Date Run Date: 08/15/2001 - 06:38 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f CUSIP Investment # I City of National City Portfolio Management Portfolio Details - Investments April 30, 2001 Average Purchase Balance Date Par Value Page 3 Stated YTM/C Days to Maturity Market Value Book Value Rate Moody's 385 Maturity Date Certificates of Deposit - Monthly 10179 FNB of Elk River 04/22/1999 99,000.00 99,000.00 99,000.00 5.600 5.600 358 04/22/2002 10209 FNB of Jackson 05/20/1999 99,000.00 99,000.00 99,000.00 5.800 5.800 20 05/21/2001 10430 First State Bank 10/20/2000 99,000.00 99,000.00 99,000.00 7.070 7.070 171 10/19/2001 10514 First State Bank 04/25/2001 99,000.00 09,000.00 99,000.00 5.200 5.200 359 04/25/2002 10513 First State Bank of Texas 04/20/2001 99,000.00 99,000.00 99,000.00 5.260 5.260 538 10/21/2002 10467 F S B of Donalsonville 02/23/2001 99,000.00 99,000.00 99,000.00 5.700 5.700 300 02/25/2002 10432 First Security Bank & Trust 11/17/2000 99,000.00 99,000.00 99,000.00 7.100 7.100 261 01/17/2002 10403 First State Bank- Wisconsin 08/17/2000 99,000.00 99,000.00 99,000.00 7.400 7.400 107 08/16/2001 10401 Signal Bank S (Goodhue County) 07/24/2000 99,000.00 99,000.00 99,000.00 7.500 7.500 84 07/24/2001 10402 Golden Security Thrift & Loan 07/28/2000 90,000.00 90,000.00 90,000.00 7.500 7.500 88 07/28/2001 10473 Guaranty National Bank 03/12/2001 99,000.00 99,000.00 99,000.00 5.500 5.500 314 03/11/2002 10444 Habersham Bank 01/03/2001 99,000.00 99,000.00 99,000.00 6.870 6.870 247 01/03/2002 10412 Hometown Bank 09/19/2000 99,000.00 99,000.00 99,000.00 7.350 7.350 71 07/11/2001 10385 Heritage Bank of Commerce 05/11/2000 99,000.00 99,000.00 99,000.00 7.350 7.350 10 05/11/2001 10438 IndyMac Bank FSB 11/29/2000 99,000.00 99,000.00 99,000.00 7.100 7.100 212 11/29/2001 1041542/117391 10178 Insouth Bank 04/21/1999 99,000.00 99,000.00 99,000.00 5.800 5.600 358 04/22/2002 10488 Intrust Bank 03/22/2001 100,000.00 100,000.00 100,000.00 5.350 5.350 325 03/22/2002 10490 Iowa State Bank 03/27/2001 99,000.00 99,000.00 99,000.00 5.350 5.350 330 03/27/2002 10450 Iowa State Bank & Trust Co 01/19/2001 99,000.00 99,000.00 99,000.00 6.250 8.250 266 01/22/2002 10489 Lewiston State Bank 03/24/2001 99,000.00 99,000.00 99,000.00 5.300 5.300 327 03/24/2002 10433 Mercedes National Bank 11/27/2000 99,000.00 99,000.00 99,000.00 7.100 7.100 210 11/27/2001 10223 Menick Banking Corporation 08/22/1999 99,000.00 99,000.00 99,000.00 6.000 8.000 51 06/21/2001 10204 Michigan Heritage Bank 05/13/1999 99,000.00 99,000.00 99,000.00 5.700 5.700 377 05/13/2002 10416 Mid -America Bank 09/29/2000 99,000.00 99,000.00 99,000.00 7.200 7.200 153 10/01/2001 10415 Moms State Bank, The 09/27/2000 99,000.00 - 99,000.00 99,000.00 7.200 7.200 149 09/27/2001 10477 North Central Bank for Savings 03/19/2001 99,000.00 99,000.00 99,000.00 5.400 5.400 322 03/19/2002 10504 NCB Savings Bank FSB 04/30/2001 99,000.00 99,000.00 99,000.00 5.050 5.050 335 04/01/2002 10462 Newberry Federal S & L 02/15/2001 99,000.00 99,000.00 99,000.00 6.000 6,000 135 09/13/2001 10512 New South Federal Savings Bank 04/19/2001 99,000.00 99,000.00 99,000.00 5.050 5.050 353 04/19/2002 10499 Omni Bank (United National Bk) 04/05/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 339 04/05/2002 10224 Park Avenue Bank NA, The 06/24/1999 99,000.00 99,000.00 99,000.00 8.050 6.050 55 06/25/2001 10398 Peoples Bank of Kentucky 06/05/2000 99,000.00 99,000.00 99,000.00 7.500 7.500 35 06/05/2001 10429 Peoples Bank & Trust Co 11/07/2000 99,000.00 99,000.00 99,000.00 7.100 7.100 190 11/07/2001 10177 Queens County Savings Bank 04/20/1999 99,000.00 99,000.00 99,000.00 5.650 5.650 356 04/22/2002 10478 Republic National Bank 03/22/2001 99,000.00 99,000.00 99,000.00 5.450 5.450 892 03/24/2003 10386 Rushmore State Bank 05/15/2000 99,000.00 99,000.00 99,000.00 7.400 7.400 14 05/15/2001 Run Date: 08/152001 -08:38 Portfolio CNC CC PM (PRF PM2) SymRept V5.02f CUSIP investmentll Certificates of Deposit - Monthly 10427 10193 10400 10418 10381 10389 10397 10442 10198 Issuer Average Balance City of National City Portfolio Management Portfolio Details - Investments April 30, 2001 Purchase Date Par Value Market Value Small Town Bank Eirade Bank (TeleBank) Traders Bank Triad Bank Tumbeny Bank Universal Savings Bank FSB Western Security Bank Westland Savings Bank Winton Savings & Loan Subtotal and Average Certificates of Deposit - Maturity 066320ZF2 10234 Negotlable/rransferable CDs 0279999X1 10358 06035ADT7 10072 0649999X5 10346 15840XBK6 10158 203584AD9 10071 258115AV8 10041 29874FA32 10134 10031 30241HXE3 10159 33847EGE1 10205 32109VAH7 10203 10195 358611FU2080 10168 10324 10325 39739BS36080 10162 10262 10037 441800AY8060 10167 44921CBN6 10042 Run Date: 05/15/2001 -08:38 10/24/2000 05/08/1999 07/11/2000 09/29/2000 05/03/2000 05/18/2000 08/28/2000 12/21/2000 05/07/1999 7,816,333.33 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 Page 4 Stated YTM/C Days to Maturity Book Value Rate Moody's 365 Maturity Date 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 8,011,000.00 8,011,000.00 8,011,000.00 7.100 6.680 7.600 7.200 7.250 7.500 7.600 8.940 5.800 7.100 5.660 7.706 7.200 7.250 7.500 7.800 8.940 5.600 8.433 177 10/25/2001 188 11/05/2001 71 07/11/2001 150 09/28/2001 2 05/03/2001 107 08/18/2001 56 08/28/2001 599 12/21/2002 6 05/07/2001 228 Bankers Trust Subtotal and Average 95,000.00 05/20/1999 95,000.00 95,000.00 95,000.00 6.000 95,000.00 95,000.00 95,000.00 American National B & TC Bank & Trust of Puerto Rico Bank One, Colorado Centura National Bank Community Bank of Ravenswood Doral FSB European American Bank Fanners Bank FCC National Bank Flagstar Bank FNB of Lucedale FNB of America Fremont Investment & Loan First Bank & Trust First Union Bank Greenwood Trust Company DE Great South Texas Bank Hometown Bank NA Household Bank IBJ Schroder Bank & Trust Co 02/18/2000 01/27/1999 01/25/2000 03/09/1999 01/28/1999 12/10/1998 02/04/1999 10/02/1998 03/10/1999 05/14/1999 05/12/1999 05/08/1999 04/07/1999 04/28/1999 02/23/1999 03/17/1999 09/15/1999 11/20/1998 04/07/1999 12/23/1998 100,000.00 95,000.00 100,000.00 95,000.00 95,000.00 99,000.00 95,000.00 100,000.00 95,000.00 95,000.00 .97,000.00 95,000.00 97,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 97,000.00 95,000.00 100,000.00 95,000.00 100,000.00 94,762.50 95,000.00 99,000.00 95,000.00 76,948.98 95,000.00 95,000.00 97,739.14 95,000.00 97,795.40 85,278.39 84,801.52 100,844.00 75,811.23 85,328.48 97,000.00 94,762.50 74,790.18 95,000.00 74,790.18 95,000.00 95,000.00 98,384.22 95,000.00 75,948.98 95,000.00 95,000.00 97,000,00 95,000.00 97,000.00 85,276.39 84,801.62 100,000.00 75,811.23 85,328.46 97,000.00 95,000.00 6.780 5.300 6.760 8.000 5.350 5.350 5.500 5.850 5.700 6.500 5.600 5.500 6.600 5.750 5.820 5.600 8.550 5.650 5.500 5.550 8.083 1,115 05/20/2004 6.083 1,115 15.799 5.300 15.798 6.000 5.350 5.493 5.500 13.769 5.700 5.500 5.500 5.500 5.800 12.530 12.683 5.800 15.190 12.402 5.500 5.550 1,382 02/11/2005 1,001 01/27/2004 1,353 01/13/2005 1,957 09/09/2006 1,002 01/28/2004 953 12/10/2003 1,191 08/04/2004 884 10/02/2003 1,044 03/10/2004 378 05/14/2002 377 05/13/2002 370 05/06/2002 1,072 04/07/2004 355 04/21/2002 326 03/23/2002 1,051 03/17/2004 1,184 07/28/2004 160 10/08/2001 1,072 04/07/2004 968 12/23/2003 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f CUSIP City of National City Portfolio Management Portfolio Details - Investments April 30, 2001 Page 5 Average Purchase Stated YTM/C Days to maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 366 Maturity Dat Negotiable/Transferable CDs 45383NA04 10160 Independent Bank W Michigan 03/15/1999 95,000.00 95,000.00 95,000.00 6.000 5.999 1,038 03/04/2004 47816HAB3 10161 Johnson Bank. 03/17/1999 95,000.00 95,000.00 95,000.00 6.260 6.250 2,877 03/17/2009 51803KG35 10078 Lasalle Bank NA 01/25/1999 95,000.00 95,000.00 95,000.00 6.000 6.000 4,652 01/25/2014 61803AVL0 10327 Lasalle Bank NA 02/03/1999 100,000.00 100,000.00 49,892.25 8.210 24.865 3,647 04/26/2011 531554AG8 10166 Libertyville Bank & Trust 04/08/1999 95,000.00 95,000.00 95,000.00 5.550 5.550 1,060 03/20/2004 509685AC7 10165 Lake Forest Bank & Trust 04/06/1999 95,000.00 95,000.00 95,000.00 5.550 5.550 1,000 03/20/2004 55256NKS2 10077 M & I Marshall & Ilsley Bank 01/27/1999 95,000.00 95,000.00 94,818.55 6.050 6.076 2,828 01/27/2009 564759LT3 10152 Manufacturers & Traders Trust 03/04/1999 95,000.00 94,782.50 93,114.92 5.500 5.847 1,760 02/24/2006 552622WWR3080 10151 MBNAAmerica 03/03/1999 97,000.00 97,861.38 97,000.00 5.400 5.400 871 03/03/2003 59020WDF5 10216 Merdll Lynch Bank USA 05/27/1999 95,000.00 95,000.00 95,000.00 6.000 8.000 1,127 06/01/2004 10329 Bank of Mount Vernon 02/26/1999 100,000.00 69,971.36 69,971.36 8.550 15.910 1,597 09/14/2005 10038 Nations Bank (Barnett Bank) 12/01/1998 99,000.00 99,000.00 99,000.00 5.850 5.850 824 08/03/2003 848807GC5060 10136 New South Federal Savings Bank 02/23/1999 97,000.00 97,598.49 97,000.00 5.300 5.299 468 08/12/2002 885621CW2060 10034 Orchard Federal Savings Bank 11/04/1998 99,000.00 88,780.43 99,000.00 5.750 5.750 917 11/04/2003 680061BK3 10076 Old National Bank 01/28/1999 95,000.00 95,000.00 94,772.00 6.000 6.032 2,829 01/28/2009 710198GA4 10133 Peoples Bank 02/10/1999 95,000.00 95,000.00 95,000.00 5.500 5.500 1,197 08/10/2004 10341 Pony Express Bank 10/13/1999 100,000.00 65,799.53 65,799.53 7.240 21.020 1,328 12/19/2004 743836TD0 10043 Provident Bank 01/21/1999 99,000.00 99,501.93 99,000.00 5.500 5.500 1,177 07/21/2004 AN 82861YAG8 10339 Signal Bank N A 11/02/1998 95,000.00 95,000.00 95,249.24 8.500 6.432 834 08/13/2003 82668FCS4 10137 Signet Bank 03/01/1999 95,000.00 95,000.00 97,886.10 6.250 5.500 911 10/29/2003 798219AB7060 10146 San Jose National Bank 03/03/1999 97,000.00 97,325.92 97,000.00 5.400 5.400 1,037 03/03/2004 N 10283 South Bay Bank 07/28/1999 100,000.00 88,988.23 88,986.23 6.180 13.125 86 07/26/2001 856284GL2080 10135 State Bank of India 02/12/1999 97,000.00 98,895.58 98,058.70 5.850 5.405 791 07/01/2003 789369HG3 10075 St Francis Bank FSB 01/29/1999 95,000.00 95,000.00 94,525.00 6.000 6.067 2,830 01/29/2009 8649999X9 10347 Success National Bank 01/31/2000 100,000.00 100,000.00 79,937.85 6.270 14.114 1,005 01/31/2004 10281 Upstate National Bank 10/05/1999 100,000.00 78,983.99 78,983.99 6.570 14.890 906 10/24/2003 90331V9X2 10353 U S Bank NA 02/04/2000 100,000.00 100,000.00 74,008.71 7.020 16.605 1,374 02/03/2005 10332 Wilmington Trust Co 03/08/1999 100,000.00 100,000.00 78,570.64 6.150 14.182 1,031 02/26/2004 Subtotal and Average 4,312,286.23 4,670,000.00 4,474,317.42 4,312,286.23 8.182 1,229 Federal Agency Securities 31331LDS4 10481 Federal Farm Credit Bank 03/19/2001 200,000.00 200,000.00 200,000.00 5.550 5.550 1,053 03/19/2004 31331LDS4 10482 Federal Farm Credit Bank 03/19/2001 200,000.00 200,312.00 200,000.00 5.550 5.550 1,053 03/19/2004 31331L0H6 10488 Federal Farm Credit Bank 03/15/2001 100,000.00 100,000.00 100,000.00 5.720 5.720 1,233 09/15/2004 31331LEV6 10498 Federal Farm Credit Bank 04/02/2001 100,000.00 100,000.00 100,000.00 5.220 5.220 1,067 04/02/2004 31331LFJ2C 10534 Federal Farm Credit Bank 04/12/2001 100,000.00 100,000.00 100,000.00 5.390 5.390 1,280 10/12/2004 Run Date: 08/15/2001 -08:38 Portfolio CNC CC PM (PRF_PM2) SymRept VS.02f City of National City Portfolio Management Portfolio Details - Investments April 30, 2001 Page 6 Average Purchase CUSIP Investment # Issuer Balance Date Par Value Stated YTM/C Days to Maturity Market Value Book Value Rate Moody's 365 Maturity Date Federal Agency Securities 31331LFT0C 10540 Federal Farm Credit Bank 04/28/2001 3133M6N79C 10057 100,000.00 100,000.00 100,000.00 5.490 5.490 1,091 2/0/2003 Federal Home Loan Bank 12/01/1998 100,000.00 100,133.10 100,000.00 5.930 3133M6005 10063 Federal Home Loan Bank 11/17/1998 5.785 944 12/01/200311 3133M6NC8 10065 100,000.00 100,150.00 100,000.00 5.785 5.785 930 11/17/2003 Federal Home Loan Bank 12/01/1998 100,000.00 100,219.00 3133M6K98 10069 Federal Home Loan Bank 11/25/1998 100,000.00 5.910 5.910 944 12/01/200311/25/2002 3133M6PD4060 10119 Federal Home Loan Bank100,000.00 100,180.00 100,000.00 5.640 5.640 573 3133M6PX0060 10128 12/04/1998 100,000.00 100,180.00 100,000.00 5.875 Federal Home Loan Bank 12/02/1998 125,000.005.875 947 12/04/2003 3133M8N83C 10202 Federal Home Loan Bank 125,273.751125,000.00 5.795 5.795 945 12/02/2003111 3133M8UA0 05/12/1999 100,000.00 10,083.80 100,000.00 5.740 10210 Federal Home Loan Bank 05/24/1999 100,000.00 5.7408388 05/24/2002 3133M8V92C 10228 Federal Home Loan Bank100,175.50 100,000.00 8J105 6.000 388 2/09/2002 3133M8ZP2C 10230 06/09/1999 100,000.00 100,175.50 100,000.00 8,000 Federal Home Loan Bank 06/24/1999 100,000.00 6.000 587 12/09/2002 3133M8J33060 10239 Federal Home Loan Bank 115,179.40 100,000.0015.730 5.730 419 06/24/2003 3133M94LC3 10240 11/24/1998 115,000.00 11b,179.40 115,000.00 5.730 Federal Home Loan Bank 06/17/1999 100,000.006.140 230 11/24/200311 3133M94L3 10242 Federal Home Loan Bank 100,237.500100,000.00 6.140 6.140 230 12/17/2001 3133M9A85 OB/17/1999 100,000.00 100,340.00 100,000.00 6.140 10266 Federal Home Loan Bank 07/09/1999 100,000.006.00 230 07/09/2002 2 3133M9D90 10271 Federal Home Loan Bank100,440.00 100,000.00 6.200 6.200 434 07/19/2001 3133M9NW8 07/19/1999 100,000.00 100,331.00 100,000.00 6.040 10279 Federal Home Loan Bank 08/25/1999 100,000.006.540 00 02/5/2002 3133M9A85 10280 Federal Home Loan Bank 101,891.000100,000.00 8.200 6.540 434 02/25/2002 3133M9NW8 10285 07/10/1999 100,000.00 100,390.00 100,000.00 8.200 Federal Home Loan Bank 08/25/1999 100,000.00 6.200 434 07/09/200225 2 3133M9J45 10360 Federal Home Loan Bank 100,550.00 100,000.00 6.540 6.540 107 08/16/2001 3133MB154 08N8/1999 100,000.00 100,550.00 100,000.00 6.080 10390 Federal Home Loan Bank 00/00/2000 100,000.007.500 006/06/2002 3133MBXF0C 10405 Federal Home Loan Bank100,427.00 100,000.00 7.500 7.500 401 06/06/2002 3133M7F50 08/22/2000 100,000.00 100,807.90 100,000,00 7.030 10464 Federal Home Loan Bank 02/22/2001 250,000.00 251,255.42 7.030 477108/21/200202/10/2004 3133MD5H2 10485 Federal Home Loan Bank 02/23/2001 00,000.00 5.550 5.550 1,028 2 3133M0DR1 10469 15DAoo.00 100,124.90 100,000.00 5.550 5.550 1,028 02/23/2004 Federal Home Loan Bank 03/01/2001 150,000 00 3133MDEJ8C 10476 Federal Home Loan Bank 100,253.80 100,000.00 6.000 6.000 1,413 09/01/200414 3133MDF7C 10479 03/14/2001 100,000.00 100,253.80 100,000.00 6.050 Federal Home Loan Bank 03/15/2001 100,000.00 6.050 1,049 03/15/2004 3133MDF57 10480 Federal Home Loan Bank100,000.0 100,000.00 5.740 5.740 1,049 03/15/2004 3133MDJ61C 10485 03/15/2001 100,000.00 100,000.00 100,000,00 5.740 Federal Home Loan Bank 03/22/2001 100,000.00 5.740 1,056 03/15/20042 3133M0J61 10487 Federal Home Loan Bank 200,000.00 200,000.00 5.550 5.550 1,056 03/22/2004 3133MDLR2 10492 03/22/2001 200,000.00 200,000.00 200,000.00 5.550 Federal Home Loan Bank 03/26/2001 200,000.00 5.550 1,060 03/22/20048 3133M0S53 10493 Federal Home Loan Bank 100,226.00 100,000.00 5.520 5.520 1,247 09/29/2004 3133MDUE1 10495 03/29/2001 100,000.00 100,226.00 100,000.00 5.880 Federal Home Loan Bank 03/29/2001 100,000.00 5.585 1,247 09/29/2004 3133M0T45 10496 Federal Home Loan Bank 100,000.00 100,000.00 5.585 5.585 1,247 09/29/2004 3133MDR39 10497 03/29/2001 100,000.00 100,000.00 100,000.00 5.625 Federal Home Loan Bank 03/29/2001 100,000.00 5.62511,043 09/29/2004 3133MDY31 10501 Federal Home Loan Bank 100,000.00 100,000.00 5.210 5.210 1,070 03/29/2004 04/05/2001 100,000.00 100,000.00 100,000.00 5.210 5.210 1,070 04/05/2004 Run Date: 08115/2001 - 08:38 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f CUSIP Average Investment # Issuer Balance City of National City Portfolio Management Portfolio Details - Investments April 30, 2001 Purchase Date Par Value Market Value Page 7 Stated YTM/C Days to Maturity Book Value Rate Moody's 365 Maturity Date Federal Agency Securities 3133MDW33 3133ME5B3 3133MDZ71 3133MDZN6 3133ME2T7C 3133MECT6C 3133MEF97C 3133MECD1 3133MECT8 3133TGSG5 312902XD8 3134A2Z04 312923GV1 312923LAIC 312923LA1 312923LA1 312923PB5 312923PB5C 312923SD8 3129235X4 31364G4L0 EC3079372 31384KB58 31364K2M1 88387R2P6 10502 10530 10531 10532 10537 10598 10539 10541 10542 10301 10391 10411 10468 10470 10471 10472 10483 10484 10494 10533 10277 10434 10441 10488 10278 Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Mrtgage Corp Federal Home Loan Mrtgage Corp Federal Home Loan Mrtgage Corp Federal Home Loan Mrtgage Corp Federal Home Loan Mrtgage Corp Federal Home Loan Mrtgage Corp Federal Home Loan Mrtgage Corp Federal Home Loan Mrtgage Corp Federal Home Loan Mrtgage Corp Federal Home Loan Mrtgage Corp Federal Home Loan Mrtgage Corp Federal Natl. Mortgage Assoc. Federal Natl. Mortgage Assoc. Federal Natl. Mortgage Assoc. Federal Natl. Mortgage Assoc. Sallie Mae Agency Bond Subtotal and Average 7,837,675.30 04/06/2001 200,000.00 200,000.00 200,000,00 5.550 5.550 1,254 10/08/2004 04/12/2001 100,000.00 100,000.00 100,000.00 5.520 5.520 1,260 10/12/2004 04/12/2001 100,000.00 100,000.00 100,000.00 5.210 5.210 1,077 04/12/2004 04/12/2001 100,000.00 100,000.00 100,000.00 5.400 5.400 1,261 10/13/2004 04/18/2001 100,000.00 100,000.00 100,000.00 5.490 5.490 1,266 10/18/2004 04/25/2001 100,000.00 100,000.00 100,000.00 5.500 5.500 1,273 10/25/2004 04/25/2001 99,875.00 99,875.00 99,875.00 5.485 5.485 1,455 04/25/2005 04/25/2001 100,000.00 100,000.00 100,000.00 5.470 5.470 1,273 10/25/2004 04/25/2001 100,000.00 100,000.00 100,000.00 5.500 5.500 1,273 10/25/2004 12/01/1998 100,000.00 97,562.50 100,000.00 6.000 6.083 822 08/01/2003 05/17/2000 100,000.00 100,000.00 100,000.00 7.150 7.150 381 05/17/2002 09/12/2000 85,000.00 85,212.50 83,951.97 5.580 6.000 953 12/10/2003 03/01/2001 260,000.00 200,800.00 200,300.00 6.000 5.982 1,758 02/22/2006 03/08/2001 100,000.00 100,171.40 100,000.00 5.750 5.750 1,042 03/08/2004 03/08/2001 100,000.00 100,230.00 100,000.00 5.750 5.750 1,042 03/08/2004 03/08/2001 100,000.00 100,000.00 100,000.00 5.750 5.750 1,042 03/08/2004 03/21/2001 100,000.00 100,000.00 100,000.00 5.865 5.665 1,239 09/21/2004 03/21/2001 200,000.00 200,054.60 200,000.00 5.665 5.665 1,239 09/21/2004 03/29/2001 200,000.00 200,373.80 200,000.00 5.500 5.500 1,083 03/29/2004 04/12/2001 200,000.00 200,000.00 200,000.00 5.450 5.450 1,260 10/12/2004 08/05/1999 100,000.00 100,274.00 100,000.00 6.170 6.170 98 08/07/2001 11/17/2000 100,000.00 100,242.00 100,000.00 7.000 7.000 930 11/17/2003 12/20/2000 100,000.00 100,380.00 100,000.00 8.500 8.600 598 12/20/2002 02/23/2001 100,000.00 100,450.00 100,000.00 6.000 8.000 1,210 08/23/2004 08/24/1999 100,000.00 100,719.00 100,000.00 6.300 6.300 116 08/24/2001 7,724,875.00 7,648,156.67 7,724,490.20 5.829 946 Pass Through Securities 31341SZX2080 10094 31341RVL4060 10095 31341RDX8010 10096 313401WX5060 10099 31341UZL3060 10406 313810E06060 10092 31361SN51 10098 31361T4J0060 10102 Run Date: 08/15/2001 -08:38 Federal Home Loan Mrtgage Corp Federal Home Loan Mrtgage Corp Federal Home Loan Mrtgage Corp Federal Home Loan Mrtgage Corp Federal Home Loan Mrtgage Corp Federal Natl. Mortgage Assoc. Federal Natl. Mortgage Assoc. Federal Natl. Mortgage Assoc. 02/18/1998 02/18/1998 02/18/1998 02/18/1998 08/22/2000 12/23/1997 02/18/1998 02/18/1998 1,940.21 2,270.01 1,501.08 1,277.64 31,058.71 1,255.80 1,758.98 0.00 1,945.28 2,279.79 1,505.00 1,317.02 31,915.25 1,302.30 1,824.12 0.00 2,015.42 9.000 2,358.02 9.000 1,581.20 9.000 1,319.19 8.500 31,059.20 8.000 1,297.42 8.500 1,824.94 8.500 0.00 8.500 7.405 7.514 7.412 7.359 12.477 7.494 7.107 6.967 184 11/01/2001 153 10/01/2001 123 09/01/2001 245 01/01/2002 304 03/01/2002 335 04/01/2002 245 01/01/2002 0 02/01/2002 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02r City of National City Portfolio Management Portfolio Details - Investments April 30, 2001 Page 8 Average Purchase Stated YTMIC Days to CUSIP Investment U Issuer Balance Date Par Value Market Value Book Value Rate Moody 'a 365 Maturity Maturity Date Pass Through Securities 31384TKP5060 10103 Federal Natl. Mortgage Assoc. 02/18/1998 0.00 0.000.00 8.250 31378PGY5 10126 Federal Nab. Mortgage Assoc. 12/01/1998 45,479.14 46,842.60 47,398.63 8.500 36216XMV0020 10079 Govt. National Mortgage Assoc. 08/26/1997 807.41 840.40 837.47 8.500 36217EBM3020 10080 Govt. National Mortgage Assoc. 08/28/1997 595.29 36202AXN2020 10083 81981 817.45 8.500 Govt. National Mortgage Assoc. 10/15/1997 1,591.76 1,640.88 1,651.48 8.500 36202AX77020 10084 Govt. National Mortgage Assoc. 10/21/1997 3,400.31 3,605.24 36217LQQ2020 10085 Govt. National Mortgage3,527.82 8.500 Assoc. 10/30/1997 5,454.11 5.676.98 5,682.15 8.500 36216TKS8020 10086 Govt. National Mortgage Assoc. 10/30/1997 1,618.89 38218V059020 10087 1,882.95 1,877.53 8.500 Govt. National Mortgage Assoc. 11/12/1997 1,412.78 1,470.50 1,471.10 8.600 36217AUE8020 10086 Govt. National Mortgage Assoc. 11/12/1997 5,889.92 36202AYQ4020 10090 Govt. National Mortgage Assoc. 11/21/1997 6,120.93 8,4 5,948.29 6,120.93 8,141.8.000 36202A5C7020.89 9 8.000 10091 Govt. National Mortgage Assoc. 11/25/1997 5,576.17 5,748.25 5,785.35 8.500 36215S055020 10100 Govl. National Mortgage Assoc. 02/18/1998 -081 36215N3C8020 10104 Govt. National Mortgage Assoc. 03/17/1998 -0.61 -0.65 9.000 36216NJL8020 10105 186.50 160.19 173.99 9.000 Govt. National Mortgage Assoc. 03/17/1998 2,007.76 2,013.88 36202A2B2020 10106 Govt. National Mortgage4,594.62 9.000 Assoc. 03/17/1998 4,477.03 4,491,64 4,594.62 7.500 3621614N8020 10107 Govt. National Mortgage Assoc. 03/17/1998 2,382.51 362161DT5020 10108 2,401.45 2,495.71 9.000 �Q Govt. National Mortgage Assoc. 03/28/1998 2,324.93 2,343.42 2,417.96 9.000 38217LVM5020 10109 Govt. National Mortgage Assoc. 04/16/1998 7,677.78 36218NZQ7020 10110 7,977.37 7,927.30 8.000 Govt. National Mortgage Assoc. 04/16/1998 4,888.75 4,871.72 4,852.88 8.000 1, 36202AZU4020 10111 10236 Govt. National Mortgage Assoc. Govt. National Mortgage Assoc. 04/16/1998 10/21/1997 5,055.57 1,571.45 5,211.58 5,339.19 8.500 (�" 36202AW52020 1,819.94 1,630.42 8.500 Subtotal and Average 162,979A0 149,186.15 153,453.32 153,823.26 Total Investments and Average 20,224,274.28 Run Date: 08/15/2001 • 08:38 7.307 6.626 8.671 6.727 7.361 7.495 6.857 7.329 6.885 0.424 7.239 7.000 7.767 6.220 7.549 8.957 7.483 7.150 8.352 6.344 7.513 6.624 0 11/01/2004 791 07/01/2003 167 10/15/2001 228 12/15/2001 233 12/20/2001 264 01/20/2002 259 01/15/2002 106 08/15/2001 502 09/15/2002 318 03/15/2002 295 02/20/2002 507 09/20/2002 19 05/20/2001 14 06/15/2001 198 11/15/2001 384 05/20/2002 198 11/15/2001 228 12/15/2001 318 03/15/2002 440 07/15/2002 354 04/20/2002 203 11/20/2001 7.980 454 20,650,001.15 20,381,927.41 20,298,599.69 6.585 720 Portfolio CNC CC PM (PRF_PM2) SymRept V5.021 SymPro401. City of National City Activity Report Sorted By Brokers April 1, 2001 - April 30, 2001 Par Value Par Value City of National City Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending CUSIP Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Brokers: Finance 500 Inc Certificates of Deposit - Monthly Subtotal and Balance 185,000.00 185,000.00 Certificates of Deposit - Maturity Subtotal and Balance 95,000,00 95,000.00 Negotiable/Transferable CDs Subtotal and Balance 3,893,000.00 3,693,000.00 Federal Agency Securities 31364GDH9 10062 Federal Natl. Mortgage Assoc. 6.040 04/02/2001 0.00 250,000.00 3134A2D39 10068 Federal Home Loan Bank 5.820 04/19/2001 0.00 100,000.00 3134A3NM4 10191 Federal Home Loan Mrtgage Corp 6.105 04/16/2001 0.00 100,000.00 450,000.00 885,000.00 Subtotal and Balance 1,335,000.00 0.00 Pass Through Securities Subtotal and Balance 45,479.14 45,479.14 Brokers Subtotal 23.746% 5,353,479.14 0.00 450,000.00 4,903,479.14 Brokers: Gilford Securities Inc Federal Agency Securities 3134A2D39C 10058 Federal Home Loan Mrtgage Corp 5.820 04/19/2001 0.00 100,000.00 3134A3PA8C 10200 Federal Home Loan Mrtgage Corp 6.140 04/08/2001 0.00 100,000.00 3129022J7C 10421 Federal Home Loan Mrtgage Corp 7.000 04/10/2001 0.00 100,000.00 3t33MCRP2 10458 Federal Home Loan Bank 8.030 04/24/2001 0.00 100,000.00 3133MCWB7 10457 Federal Home Loan Bank - 6.010 04/30/2001 0.00 100,000.00 31331LFJ2C 10534 Federal Farm Credit Bank 5.390 04/12/2001 100,000.00 0.00 3133ME2T7C 10537 Federal Home Loan Bank 5.490 04/18/2001 100,000.00 0.00 3133MECT6C 10538 Federal Home Loan Bank 5.500 04/25/2001 100,000.00 0.00 3133MEF97C 10539 Federal Home Loan Bank 5.485 04/26/2001 99,875.00 0.00 Run Date: 08/15/2001 •08:40 Portfolio CNC CC DA (PRF_DA) SymRept V5.021 Brokers: Gifford Securities Inc Federal Agency Securities City of National City Activity Report April 1, 2001 - April 30, 2001 Par Value Percent Par Value CUSIP Investment N Issuer of Portfolio Beginning Currant Transaction Purchases Sales/Calls/Maturltles Balance Rate Date or Deposits or Withdrawals ce Balance Page 2 31331LFTOC 10640 Federal Farm Credit Bank Subtotal and Balance Brokers Subtotal 11.022% Brokers: Multi -Bank Securities Inc 5.490 04/28/2001 2,400,000.00 2,400,000.00 100,000.00 0.00 499,875.00 499,875.00 600,000.00 2,399,875.00 Certificates of Deposit - Monthly 10173 Cross Country Bank Subtotal and Balance 500,000.00 2,399,875.00 992,000.00 5.580 04/02/2001 Pass Through Securities Negotiable/Transferable CDs Federal Agency Securities Subtotal and Balance 977,000.00 0.00 100,000,00 0.00 100,000.00 892,000.00 977,000.00 31384GDH9080 10114 Federal Natl. Mortgage Assoc. 6.040 04/02/2001 3134A2G93060 10122 Co 0.00 250,000.00 Federal Home Loan Mrtgage rp 6.000 04/12/2001 0.00 200,000.00 Subtotal and Balance 790,000.00 0.00 460,000.00 340,000.00 ilk 36216XMV0020 10079 Govt. National Mortgage Assoc. 8.500 04/16/2001 36217EBM3020 10080 Govt. National Mortgage Assoc. 0.00 143.85 /4 36202AXN2020 10083 8.600 04/10/2001 0.00 758.41 Govt. National Mortgage Assoc. 8.600 04/20/2001 36202AX77020 10084 Govt. National Mortgage0.00 058 72 Assoc. 8.500 04/20/2001 0.00 657.72 36217LQQ2020 10085 Govt. National Mortgage Assoc. 8.500 04/18/2001 362167KS8020 10086 Govt. National Mortgage Assoc. 0.00 627.48 36218VD59020 10087 8.� 04/16/2001 0.00 897.08 Govt. National Mortgage Assoc. 8.500 04/16/2001 36217AUE8020 10088 Govt. National Mortgage Assoc. 0.00 97.08 38202AYQ4020 10090 8.000 04/10/2001 0 00 892 97 Govt. National Mortgage Assoc, 8.000 04/20/2001 38202A5C7020 10091 Govt. National Mortgage Assoc. 0.00 950.90 313610EQ6080 10092 8.� 04/25/2001 0.00 950.90 Federal Natl. Mortgage Assoc. 8.500 04/25/2001 31341SZX2060 10094 Federal Home Loan Mrtgage Co 0.00 239.26 31341RVL4060 10095 Federal Home Loan Mrtgage 9.000 04/16/2001 0.00 402.90 9a9 Corp 9.000 04/16/2001 0.00 385.70 31341 RDX8010 10090 Federal Home Loan Mrtgage Corp 9.000 04/10/2001 31361SN51 10098 Federal Natl. Mortgage Assoc. 0.00 209 8.600 04/25/2001 0.00 203.19 9 Run Date: 08/15/2001 - 08:40 Portfolio CNC CC DA (PRF DA) SymRept V5.02f City of National City Activity Report April 1, 2001 - April 30, 2001 Par Value Par Value Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending CUSIP Investment # Issuer of:Portfolio Balance Rate Date or Deposits or Withdrawals Balance Page 3 Brokers: Multi -Bank Securities Inc Pass Through Securities 313401WX5060 10099 Federal Home Loan Mrtgage Corp 8.500 04/18/2001 0.00 260.87 36215N3C8020 10104 Govt. National Mortgage Assoc. 9.000 04/15/2001 0.00 232.99 38218NJL8020 10105 Govt. National Mortgage Assoc. 9.000 04/17/2001 0.00 885.44 36202A2B2020 10106 Govt. National Mortgage Assoc. 7.500 04/20/2001 0.00 847.78 3821814N8020 10107 Govt. National Mortgage Assoc. 9.000 04/16/2001 0.00 985.22 362161 DT5020 10108 Govt. National Mortgage Assoc. 9.000 04/18/2001 0.00 385.54 38217LVM5020 10109 Govt. National Mortgage Assoc. 8.000 04/16/2001 0.00 758.37 36218NZ07020 10110 Govt. National Mortgage Assoc. 8.000 04/16/2001 0.00 392.52 38202AZU4020 10111 Govt. National Mortgage Assoc. 8.500 04/20/2001 0.00 593.32 36202AW52020 10236 Govt. National Mortgage Assoc. 8.500 04/20/2001 0.00 378.28 31341 UZL3080 10406 Federal Home Loan Mrtgage Corp 8.000 04/15/2001 0.00 3,830.74 Subtotal and Balance 119,834.11 0.00 16,127.10 103,707.01 Brokers Subtotal 11.200% 2,878,834.11 0.00 588,127.10 2,312,707.01 Brokers: Mischier Financial Group Inc Federal Agency Securities 3134A2D39 31364GTC3 10048 Federal Home Loan Mrtgage Corp 10143 Federal Natl. Mortgage Assoc. Subtotal and Balance 5.820 04/19/2001 5.500 04/20/2001 0.00 100,000.00 0.00 100,000.00 700,000.00 0.00 200,000.00 500,000.00 Brokers Subtotal 2.421% 700,000.00 0.00 200,000.00 500,000.00 Brokers: Morgan Keegan Federal Agency Securities Subtotal and Balance 200,000.00 Brokers Subtotal 0.969% 200,000.00 200,000.00 0.00 0.00 200,000.00 Brokers: PaineWebber Inc Federal Agency Securities Subtotal and Balance 300,000.00 Run Date: 08/15/2001 -08:40 300,000.00 Portfolio CNC CC DA (PRF_DA) SymRept V5.02f CUSIP Investment it Percent Issuer of Portfolio Brokers Subtotal 1.463% Brokers: U.S. Sterling Capital Corp. Certificates of Deposit - Monthly City of National City Activity Report April 1, 2001 - April 30, 2001 Par Value Beginning Balance Current Transaction Rate Date Par Value 300,000.00 Purchases Sales/Calls/Maturities or Deposits or Withdrawals 0.00 0.00 Ending Balance 300,000.00 Page 4 10189 Key Bank USA 10181 Centennial Bank (Eaton Bank) 10373 Progrowth Bank (Nicollet S B) 10374 First Federal Bank FSB 10379 Walton Bank & Trust Co 10380 NCB Savings Bank FSB 10419 Premier Bank 10499 Omni Bank (United National Bk) 10503 Centennial Bank of the West 10504 NCB Savings Bank FSB 10505 Capitol Federal Savings Bank 10512 New South Federal Savings Bank 10513 First State Bank of Texas 10514 First State Bank 10515 Commerce Exchange Bank Subtotal and Balance t, Brokers: Vining -Sparks IBG Federal Agency Securities 3133MBBZ9 10378 31331RSV8 10454 3133MCRP2 10458 31331LEV8 10498 3133MDY31 10501 3133MDW33 10502 3133ME5B3 10530 3133MDZ71 10531 3133MDZN8 10532 312923SX4 10533 3133MECD1 10541 3133MECT8 10542 Run Date: 08/15/2001 - 08:40 Brokers Subtotal 33.579% 6,835,000.00 8,835,000.00 5.600 5.800 7.050 7.050 7.050 7.100 7.050 5.150 5.100 5.050 5.310 5.050 5.260 5.200 5.050 04/05/2001 04/30/2001 04/03/2001 04/19/2001 04/20/2001 04/30/2001 04/09/2001 04/05/2001 04/30/2001 04/30/2001 04/17/2001 04/19/2001 04/20/2001 04/25/2001 04/24/2001 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09,000.00 90,000.00 90,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 792,000.00 792,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 893,000.00 893,000.00 8,934,000.00 8,934,000.00 Federal Home Loan Bank Federal Farm Credit Bank Federal Home Loan Bank Federal Farm Credit Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Mrtgage Corp Federal Home Loan Bank Federal Home Loan Bank 7.125 04/18/2001 8.100 04/14/2001 6.030 04/24/2001 5.220 04/02/2091 5.210 04/05/2001 5.650 04/06/2001 5.520 04/12/2001 5.210 04/12/2001 5.400 04/12/2001 5.450 04/12/2001 5.470 04/25/2001 5.500 04/25/2001 0.00 0.00 0.00 100,000.00 100,000.00 200,000.00 100,000.60 100,000.00 100,000.00 200,000.00 100,000.00 100,000.00 100,000.00 250,000.00 100,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Portfolio CNC CC DA (PRF_DA) SymRepl V5.02f CUSIP City of National City Activity Report April 1, 2001 - April 30, 2001 Par ValUe Par Value Percent 5eginning Current Transaction Purchases Sales/Calls/Maturities Ending investment# issuer of ortfollo Balanl/e Rate Date or Deposits or Withdrawals Balance Page 5 Subtotal and Balance 2,490,000.00 1,100,000.00 450,000.00 3,100,000.00 Brokers Subtotal 15.012% 2,490,000.00 1,100,000.00 450,000.00 3,100,000.00 Total 100.00014. 21,117,313.25 Run Date: 05/152001 - 05:40 2,391,876.00 2,859,127.10 20,850,081.16 Portfolio CNC CC DA (PRF_DA) SymRept V5.02f CITY OF NATIONAL CITY CONSOLIDATED CASH REPORT ALL FUNDS FUND APRIL 30, 2001 NUMBER FUND TITLE 001 GENERAL FUND 103 GENERAL CAPITAL OUTLAY FUND 105 PARKS MAINTENANCE FUND 106 GRANT -CA LITERACY CAMPAIGN 107 RETIREMENT FUND 108 LIBRARY CAPITAL OUTLAY 109 GAS TAXES FUND 110 EMERGENCY PREPAREDNESS FUND 113 CULTURAL ARTS FUND 115 PARK & REC CAPITAL OUTLAY FUND 120 PLAN CHECKING REVOLVING FUND 123 GRANT -FAMILIES FOR LITERACY 125 SEWER SERVICE FUND 126 FIRE DEPT ACTIVITIES FUND 130 EMT-D REVOLVING FUND 131 ASSET FORFEITURE FUND 135 SD COUNTY REG AUTO THEFT TASK 136 TINY TOT CLASSES FUND 145 JUVENILE EDUCATION FUND 154 STATE PUBLIC LIBRARY FUND 157 GRANT-SUPPL. LAW ENF. (SLESF) 158 SWIMMING POOL REVOLVING FUND 159 GENERAL PLAN UPDATE RESERVE 169 GRANT -LOCAL LAW ENF. BLOCK 172 TRASH RATE STABILIZATION FUND 174 SWEETWATER SCHOOL DIST CONTRAC 176 POLICE REIMBURSED OVERTIME 178 POLICE HAT BADGES 179 NPT BUS DONATIONS FUND 183 LITERACY INITIATIVES VI 189 CIVIC CENTER REFURBISHING 190 30TH STREET CLEANUP FUND - 1303 191 GRANT - STOP PROJECT 195 LANDSCAPE RESERVE 196 CAPITAL PROJECT RESERVE 197 PRODUCTIVITY IMPROVEMENT RESER 198 PROPERTY EVIDENCE SEIZURE 199 SOUTH BAY COMMUNITY SVCS GRANT 200 30TH STREET CLEANUP FUND -1304 203 PARK SECURITY/GTE LEASE 205 YOUTH SERVICES MATERIALS GRANT 208 FY99-00 SUPP. LAW ENFORCEMENT (SLESF) 209 FY99-00 LITERACY INITIATIVES VIII 210 FY99-00 F.U.L.F.I.L.L. 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 214 EVERY 15 MINUTES GRANT FY1999-2000 219 FY00-01 LITERACY INITIATIVE IX 220 LOCAL LAW ENF. BLOCK GRANT FY2000-2001 225 ENGLISH LANGUAGE LITERACY INCENTIVE ELLI 227 CI,LS MATCHING FUNDS FY 2000-2001 _ 228 GROWING WITH MOTHER GOOSE GRANT 229 CLEEP GRANT 270 NUISANCE ABATEMENT FUND 303 CAPITAL FACILITIES FUND 304 PARK DEVELOPMENT FUND 307 PROPOSITION A" FUND ENDING RAI ANCE 7,646,243.86 261,511.68 184,960.16 876.09 489.16 139,022.71 1,628,790.04 40,000.00 75,000.00 34,129.15 96,999.54 32,591.98 11,856,368.51 248.11 189,110.86 204,024.58 16,988.22 13,691.23 7,211.49 141,699.46 29,250.81 26,040.00 143,207.58 1,246.32 355,684.72 83,821.75 64,857.46 36.28 614.65 1,991.68 922,787.63 269,974.72 128,011.09 445,132.03 636,534.48 50,000.00 11,730.79 52,749.00 601,816.74 28,000.00 0.57 950.11 8.60 12,068.16 74,290.86 100,000.00 2,833.95 354,880.18 138,411.00 150,962.46 16,608.50 21,300.33 119,151.00 2,633.38 299,571.00 94,098.25 2,120,584.20 FUND ENDING NUMRFR FUND TITLE RAI AN(:F 308 GRANT -HIGHWAY BRIDGE REHAB 109,754.61 312 STP LOCALJTRANSNET HIGHWAY 457,821.25 315 FY98 LOCAL LAW ENF BLOCK GRANT (LLEBG) 33,189.00 343 STATE -LOCAL PARTNERSHIP 37,728.25 363 SECURITY & FIRE ALARM REGULATION FUND 35,972.50 552 TDA 110,318.93 627 LIABILITY INS. FUND 3,941,551.55 629 INFORMATION SYSTEMS MAINTENANC 17,875.00 630 OFFICE EQUIPMENT DEPRECIATION 1,057,881.31 631 TELECOMMUNICATIONS REVOLVING 99,589.91 633 UNEMPLOYMENT INSURANCE RESERVE 70,000.00 643 MOTOR VEHICLE SVC FUND 91,743.59 -719 1911 ACT IMPROVEMENT BONDS 1,424.52 721 LIBRARY TRUST FUND 50,611.98 TOTAL ALL FUNDS 36,047,259.51 ok2 MONTHLY STATEMENT OF RECEIPTS FOR THE MONTH ENDING APRIL FUND FUND TITLE NI IMRFR APRIL 001 GENERAL FUND 2,354,717.50 103 GENERAL CAPITAL OUTLAY FUND 0.00 109,885.38 128,044.41 6,124.42 90,872.86 0.00 0.00 0.00 5,337.77 0.00 450,523.32 0.00 36,286.89 0.00 60.00 0.00 0.00 1,869.50 0.00 17,740.00 16,615.89 0.00 625.24 0.00 0.00 0.00 1,306.03 9,371.00 2,389.57 18,706.00 2,906.04 0.00 0.00 797.40 0.00 0.00 5,092.65 0.00 0.00 369,600.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 55,073.28 41,000.00 2,812.49 0.00 0.00 0.00 0.00 0.00 241,241.18 74,569.63 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 108 LIBRARY CAPITAL OUTLAY 109 GAS TAXES FUND 111 P.O.S.T. FUND 112 LOWER SWEETWATER FUND 115 PARK & REC CAPITAL OUTLAY FUND 120 PLAN CHECKING REVOLVING FUND 123 GRANT -FAMILIES FOR LITERACY 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 131 ASSET FORFEITURE FUND 135 SD COUNTY REG AUTO THEFT TASK 136 TINY TOT CLASSES FUND 147 GRANT -JUDGE PROGRAM 154 STATE PUBLIC LIBRARY FUND 158 SWIMMING POOL REVOLVING FUND 169 GRANT -LOCAL LAW ENF. BLOCK 171 LIBRARY SCHOOL DISTRICT CNTRCT 172 TRASH RATE STABILIZATION FUND 174 SWEETWATER SCHOOL DIST CONTRAC 176 POLICE REIMBURSED OVERTIME 178 POLICE HAT BADGES 185 COPS MORE 97-CM-WX-0949 188 GRANT - HIDTA 190 30TH STREET CLEANUP FUND - 1303 191 GRANT - STOP PROJECT 192 LEASE ESCROW FUND 199 SOUTH BAY COMMUNITY SVCS GRANT 200 30TH STREET CLEANUP FUND - 1304 201 NCJPFA DEBT SERVICE FUND 204 GALE GRANT 208 FY99-00 SUPP. LAW ENFORCEMENT (SLESF) 209 FY99-00 LITERACY INITIATIVES VIII 210 FY99-00 F.U.L.F.I.L.L. 211 SECURITY AND ALARM REGULATION FUND 214 EVERY 15 MINUTES GRANT FY1999-2000 218 HIHG INTENSITY PREVENTION ZONE 219 FY00-01 LITERACY INITIATIVE IX 220 LOCAL LAW ENF. BLOCK GRANT FY2000-2001 223 FACE TO FACE INFORMATION GRANT FY 00-01 225 ENGLISH LANGUAGE LITERACY INCENTIVE ELLI 227 CLLS MATCHING FUNDS FY 2000-2001 228 GROWING WITH MOTHER GOOSE GRANT 229 CLEEP GRANT 270 NUISANCE ABATEMENT FUND 301 NEIGBORHOOD POLICING EXPANSION FY2001 302 CDC PAYMENTS 307 PROPOSITION A" FUND 308 GRANT -HIGHWAY BRIDGE REHAB 312 STP LOCALITRANSNET HIGHWAY 313 GRANT-CMAQ 314 OTS GRANT 343 STATE -LOCAL PARTNERSHIP 347 PUBLIC RESOURCES ACCOUNT 552 TDA 627 LIABILITY INS. FUND /7 cliff/ 8/15/01 YTD.APR 21,291,239.28 46,363.94 373,705.34 435,461.73 72,082.48 548,950.17 59,246.84 33,672.61 22,927.00 70,254.77 67,397.00 4,135,434.39 18,284.77 96,706.29 57,076.74 5,244.20 48,094.00 92,309.00 28,424.50 (18.39) 23,021.15 109,844.55 117,711.00 48,128.37 36.28 111,120.00 42,372.30 23,137.23 194,569.57 35,252.46 213,559.00 31,844.41 737,956.52 19,516.60 797.40 108,427.00 59,450.00 50,293.90 2,833.95 35,998.67 480,480.00 138,411.00 30,676.00 330,000.00 25,648.00 68,706.00 119,151.00 2,633.38 28,867.56 254,292.62 799,881.12 2,812.49 33,889.04 39,476.30 22,851.72 (555.64) 159,105.00 1,733,413.26 757,154.30 FUND FUND TITLE APRIL YTD.APR NI 1MRFR 629 INFORMATION SYSTEMS MAINTENANC 0.00 22,807.00 643 MOTOR VEHICLE SVC FUND 0.00 563.04 721 LIBRARY TRUST FUND 0.00 (745.58) TOTAL ALL FUNDS 4,043,568.45 34,518,244.63 /2 co.z/ paw SM' IA IgigeizSEMENTS 8/15/01 F FUND NO. FUND TITLE APRIL YTD.APR 001 UtNEHAL 1-UNU 1,234,973.72 13,233,019.76 103 GENERAL CAPITAL OUTLAY FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 108 LIBRARY CAPITAL OUTLAY 109 GAS TAXES FUND 111 P.O.S.T. FUND 112 LOWER SWEETWATER FUND 115 PARK & REC CAPITAL OUTLAY FUND 120 PLAN CHECKING REVOLVING FUND 123 GRANT -FAMILIES FOR LITERACY 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 131 ASSET FORFEITURE FUND 135 SD COUNTY REG AUTO THEFT TASK 136 TINY TOT CLASSES FUND 145 JUVENILE EDUCATION FUND 147 GRANT -JUDGE PROGRAM 154 STATE PUBLIC LIBRARY FUND 157 GRANT-SUPPL. LAW ENF. (SLESF) 159 GENERAL PLAN UPDATE RESERVE 171 LIBRARY SCHOOL DISTRICT CNTRCT 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 179 NPT BUS DONATIONS FUND 182 COPS GRANT PART II 185 COPS MORE 97-CM-WX-0949 188 GRANT- HIDTA 189 CIVIC CENTER REFURBISHING 190 30TH STREET CLEANUP FUND -1303 191 GRANT - STOP PROJECT 192 LEASE ESCROW FUND 193 COPS GRANT PART III 195 LANDSCAPE RESERVE 196 CAPITAL PROJECT RESERVE 198 PROPERTY EVIDENCE SEIZURE 199 SOUTH BAY COMMUNITY SVCS GRANT 200 30TH STREET CLEANUP FUND -1304 201 NCJPFA DEBT SERVICE FUND 204 GALE GRANT 207 CLLS MATCHING FUNDS FY99-00 208 FY99-00 SUPP. LAW ENFORCEMENT (SLESF) 209 FY99-00 LITERACY INITIATIVES VIII 210 FY99-00 F.U.L.F.I.L.L. 211 SECURITY AND ALARM REGULATION FUND 218 HIHG INTENSITY PREVENTION ZONE 219 FY00-01 LITERACY INITIATIVE IX 222 WOW -MOBILE GRANT FY 2000-2001 223 FACE TO FACE INFORMATION GRANT FY 00-01 225 ENGLISH LANGUAGE LITERACY INCENTIVE ELLI 227 CLLS MATCHING FUNDS FY 2000-2001 228 GROWING WITH MOTHER GOOSE GRANT 301 REROOF LOW SEC CAMACHO REC 302 CDC PAYMENTS 304 PARK DEVELOPMENT FUND 307 PROPOSITION A" FUND 308 GRANT -HIGHWAY BRIDGE REHAB 313 GRANT-CMAQ 347 PUBLIC RESOURCES ACCOUNT 348 STATE GRANT 552 TDA 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 0.00 3,000.00 54,482.36 576,765.73 44,414.23 455,598.49 998.86 9,970.92 5,258.43 67,475.15 14,085.33 97,056.96 5,106.06 59,180.07 0.00 (97.16) 0.00 4,236.10 8,719.71 24,794.43 84,645.73 4,045,922.42 159.28 1,746.48 5,375.00 28,660.51 0.00 18,985.20 717.76 2,285.15 0.00 1,665.95 5,809.13 55,518.22 984.23 52,331.70 0.00 82,908.25 512.54 612.54 3,291.24 59,947.29 2,824.86 37,159.07 1,778.27 18,556.04 6,454.47 64,520.06 0.00 200.00 6,977.00 85,011.02 0.00 52,158.00 0.00 59,089.13 192.96 7,483.22 0.00 272,089.09 3,974.90 103,850.50 62,531.74 273,917.39 1,734.16 19,967.98 0.00 45,137.14 0.00 72,765.54 0.00 3,892.93 0.00 160,810.00 143.71 26,283.34 0.00 737,403.53 0.00 350.00 0.00 77.00 0.00 69,352.66 0.00 93,736.27 0.00 46,881.84 2,883.85 27,414.07 16,436.47 128,530.85 83,273.36 125,599.82 71,110.45 137,785.11 2,980.63 39,565.96 39,190.13 179,037.54 5,325.31 9,039.50 6,286.92 47,405.67 141,802.50 1,656,206.97 37,363.73 375,505.81 5,901.75 5,901.75 7,913.20 159,202.59 0.00 49.14 64,399.85 186,833.42 0.00 15,981.38 0.00 210,283.71 163,737.67 1,739,053.41 97,858.38 1,269,722.17 68,263.66 729,019.51 10,478.17 146,982.19 5,473.19 188,565.81 28,608.92 422,579.15 FUND NO. FUND TITLE APRIL YTD.APR b31 I tLtC:OMMUNIGAI IONS REVOLVING 1,578.1-4 100,998.41 632 INFORMATION SERVICES 33,441.59 347,452.00 643 MOTOR VEHICLE SVC FUND 38,651.53 644,542.02 TOTAL ALL FUNDS 2,489,105.08 30,025,533.87 Date City of National City Pooled Investment Transactions Report For the Month of April 2001 Description Institution Ref. No. Amount Beginning Balance 14,109,341.35 4/4 Deposit LAIF 487349 500,000.00 4/6 Withdrawal LAIF 776235 (300,000.00) 4/10 Deposit LAIF 800477 500,000.00 4/12 Deposit LAIF 363879 700,000.00 4/13 Interest LAIF System 200,608.74 4/17 Deposit LAIF 261584 800,000.00 4/19 Deposit LAIF 611530 1,000,000.00 4/25 Withdrawal LAIF 657017 (1,100,000.00) Ending Balance 16,409,950.09 0401 Combined Cash Reconciliation Worksheets Page 1 8/15/01 D 2/ City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 21, 2001 18 AGENDA ITEM NO. ITEM TITLE CLAIM FOR DAMAGES: Maria A. Barrios PREPARED BY Michael R. Dalla, CMG. EARTMENT City Clerk EXPLANATION The claim of Maria A. Barrios arises from an occurrence on June 29, 2001 and was filed with the City Clerk's Office on July 10, 2001 . Environmental Review XX N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) N/A Resolution No. A-200 (9/80) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 21, 2001 AGENDA ITEM NO. 19 / ITEM TITLE CLAIM FOR DAMAGES: Eric Wayne Smith Michael R. Dalla, CM City Clerk PREPARED BY EPARTMENT EXPLANATION The claim of Eric Wayne Smith arises from an occurrence on June 1, 2001 and was filed with the City Clerk's Office on July 18, 2001 . Environmental Review XX N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) N/A Resolution No. A-200 (9/80) MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT August 21 7r101 / / ITEM TITLE RESOLUTION APPROVING AN INTERBUDGET ADJUSTMENT REQUEST (IBAR) APPROPRIATING $1,260,247 FROM SEWER UNDESIGNATED FUND BALANCE ACCOUNT 125-2501 TO WASTEWATER ACCOUNT 125-422-222-272 SEWER TRANSPORTATION AND TREATMENT PREPARED BY Burton Myers DEPARTMENT Public Works 20 AGENDA ITEM NO. EXPLANATION See attached report - Metropolitan Wastewater Department (MWWD) FY-2000 Retro Year -End Adjustment Environmental Review X N/A Financial Statement Appropriate $1,260,247 from the Sewer Undesignated Fund Balance Account #125-2501 to Sewer Transportation and Treatment Ac? t # 25-4?t 22-72. ©f . a 1 " Account No. STAFF RECOMMENDATI .. ��' .�. I • Adopt the Resolution appr• - e I. R prg ri ting 1,260,247 from the Sewer Undesignated Fund 125-2501 to Wastewater Account #125-422-222-272. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below ) Resolution No. 2001-131 Resolution Report - MWWD FY-2000 Retro Year -End Adjustment IBAR A-200 (9/80) RESOLUTION NO. 2001 —131 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN INTERBUDGET ADJUSTMENT REQUEST (IBAR) APPROPRIATING $1,260,247 FROM SEWER UNDESIGNATED FUND BALANCE ACCOUNT 125-2501 TO WASTEWATER ACCOUNT 125-422-222-272 SEWER TRANSPORTATION AND TREATMENT WHEREAS, as reported to the City Council on January 16, 2001, the City of San Diego Metropolitan Wastewater Department has adopted a new billing formula for all of the member agencies, which is based on total flow, chemical oxygen demand, biological oxygen demand, and suspended solids; and WHEREAS, the new adopted Preliminary National City FY 2001-02 Budget has taken these new billing formula costs into consideration and the costs are programmed into the budget; and WHEREAS, it has been determined that the Fiscal Year budget for sewer transportation must be increased by $1,260,247 to cover the increased costs associated with the increased flow. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves an interbudget adjustment request (IBAR) appropriating $1,260,247 from Sewer Undesignated Fund Balance Account 125-2501 to Wastewater Account 125-422-222-272, Sewer Transportation and Treatment to cover the increased costs associated with the increased sewer transportation flow. PASSED and ADOPTED this 21' day of August, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney METROPOLITAN WASTEWATER DEPARTMENT (MWWD) FY RETRO YEAR END ADJUSTMENT The City of San Diego Metropolitan Wastewater Department has recently sent out the final FY 2000 year-end adjustments bill to all of the participating members. The FY 2000 annual retro cost adjustment process was extremely complex this time because it covered three overlapping fiscal years FY 1998-FY 2000. To further complicate matters the FY 2000 retro bill includes new meter locations, upgraded meters at the existing locations, and the implementation of the revised billing formula which is based on total flow, chemical and biological oxygen demand, and suspended solids. Fiscal Year 2001 was the first full year that the new billing formula was in use. National City was required to supplement its existing sewerage budget by an additional $900,000. The new adopted Preliminary National City FY 2001-02 Budget has taken these new billing formula costs into consideration and the costs are programmed into the budget. National City's flow rates have increased by approximately 1 million -gallon per day (approximately a 20% increase). In order to attempt to find out why the City flow rates have increased so dramatically, the City has retained various consultants. The first consultant checked out the major meter installation where the greatest increases occurred. The consultant installed additional meters to check out the Metro meters. After a period of testing it was determined that all of the meters that were checked were within 5% of each other, an acceptable accuracy level. The second consultant reviewed all of the aspects of the new formula and found the following changes which could account for the increase in the quantity of flow: 1. Additional meter locations. 2. Revised house counts for un-metered areas. 3. Back-up in flow from the South Metro Interceptor as a result of the nightly shutdown of Metro Pump Station No. 1 over the past several years for repairs. 4. Sediment levels at the NC3 meter (NC3 meter represents approximately 60% of the City's overall flow). There is a potential problem with the measuring ability of the meter due to existing configuration of the piping system. One of the proposed Capital Improvement Projects will consist of correcting the piping configuration. We are also investigating relocating the meter. The FY 2000 Retro Year End Adjustment Bill is based upon upgrades maintenance, and Capital Improvement projects to the Metro System, minus any State of California Revolving Funds (SCRF) loans or grants which were obtained by the MWWD. A portion of the City's Retro costs to the MWWD are based upon an estimate of these costs. However, the final costs are obtained after an independent audit of the system is made and a final cost is developed by applying the new formula to all of the costs. Unfortunately, since National City's flow rates have increased by 1 Million Gallons per day, our share of the Retro Costs have also increased by $1,260,247. National City is presently in the process of evaluating all of the cost increases and is developing a total cost projection to forecast into future years. The inevitable result will be a rate increase for the consumers. In the near future we have also implemented a wastewater master plan to track and implement maintenance and capital improvement needs. Both projected transportation and treatment costs and operating and maintenance costs will then be used to determine and set the appropriate sewer rates. The rate study will be the subject of a future council report. DATE. August 21, 2001 INTRABUDGET ADJUSTMENT REQUEST DEPARTMENT ACTIVITY OR DIVISION Public Works Wastewater STATEMENT OF PROBLEM AND TIME URGENCY It is imperative that the check for the Retro costs be delivered to San Diego Metro before August 25, 2001, AMOUNT NEEDED S 1,260,247 TRANSFER: ACCT. # DEPARTMENT HEAD TITLE FROM: 125-2501 Sewer Undesignated Fund TO: 125-422-222-272 Transportation and Treatment ADMINISTRATIVE REVIEW/COMMENTS THIS PORTION TO BE COMPLETED BY FINANCE DEPARTMENT UNENCUMBERED AS FINANCE BALANCE OF INmAL ORIGINAL PREVIOUS APPROPRIATION TRANSFERS IN[OUT] C.M. Date Approval Disapproval cc: Budget File - White Requesting Dept. Head - Yellow City Manager - Pink Originating Dept. - Goldenrod Approval Disapproval FIN. DIR. Date Date Posted FIN-003 4/90 City of National City, California COUNCIL AGENDA STATEMENT .4EETING DATE August 21, :2001 SECOND READING AGENDA ITEM NO. - - 21 / ITEM TITLE ORDINANCE AMENDING TITLE 12 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO NOISE CONTROL PREPARED BY Rudolf Hradecky EXPLANATION DEPARTMENT City Attorneyfel Please see attached staff report. Environmental Review 1-Financial Statement N/A N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt proposed ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Staff Report with Attachments "A" through "D" Proposed ordinance. Resolution No. A-200 (9;99) STAFF REPORT ORDINANCE AMENDING TITLE 12 (Noise Control) This ordinance proposes to make non -substantive, clarifying editorial revisions to each of the chapters contained in Title 12 relating to noise control, and has been coordinated with the Planning and Police Departments. The City's Noise Control Ordinance was first adopted in 1979 by Ordinance No. 1697. It has undergone only minor revision in the interim. The existing provisions of Chapter 12.10 regarding nuisance noise disturbances have been reviewed to ensure clarity of language and standards of noise levels. The current language of Title 12 is generally adequate to that task, but room for improvement exists. These proposed revisions accomplish that goal of review to ensure that older ordinances remain current and valid. Attached as Attachment "A" is a strikeout version of the proposed revisions to Title 12. Attachment "B" is a report prepared by Alex Segal, Ph.D., dated March 28, 1999, which regards particular amendments to Sections 12.06.020E(3) and 12.06.040D. Attachment "C" is a further report prepared by Dr. Segal concerning the remainder of the additional revisions being proposed. The proposed ordinance is set out in complete text as the entire Title 12, rather than in separate sections to be revised. This is because many of the revisions, although minor in nature, would cause the entire section to be reprinted, and it is simpler, for reprinting purposes, to do it this way. Editorial revisions are proposed in this ordinance in order to clarify certain language to make Title 12 as objective as possible, and eliminate areas of potential incongruity. Emphasis has been placed on equating noise disturbances to sound level limits and eliminating miscellaneous language suggesting subjective judgment may be considered in making noise determinations. Tables III and IV maintain existing exterior and interior noise levels, measured in decibels on an A Scale of a sound meter. No changes have been proposed to those noise levels, which are generally accepted noise levels in most jurisdictions, and have been in use in National City, since 1979. Nuisance noise levels prescribed in Table III, based on receiving land use categories, are based on event level rather than hourly averaging as Leg(h). A primary focus of the revision was to ensure that the regulations in Title 12 for noise control continue to meet constitutional standards for "content neutral, time, place, manner" restrictions. A summary of pertinent case law is attached as Attachment "D" regarding restrictions on the use of sound amplifying equipment for the dissemination of "speech". This is an area where the Courts will scrutinize regulations that may have the effect of acting as a restraint on speech. The courts, however, recognize that the right to speak is coexistent with the right not to listen or to have one's private property interests unnecessarily disturbed. 1 Title 12 Staff Report July 17, 2001 Page Two Review of Attachment "A" generally demonstrates the editorial nature of these revisions. The recommendations by Dr. Segal in Attachment "B" were also included in this revision to Sections 12.060.020E(3) and 12.06.040D establishing a more accurate mechanism for measuring and limiting environmental noise. Please note that the recommendations in Attachment "B" are based upon a consideration of alternative language once suggested by the Planning Commission. Dr. Segal's recommendations are considered to be the more effective, however, for accurate determination of noise effects at the boundary of an affected property, and hence more consistent with the goals of Title 12. In essence, those revisions direct the measurement to occur on the affected property or at the boundary of the sound generating property, so that topography and acoustical irregularities can be taken into account. Other non -editorial revisions that have been made are highlighted as follows: 1. Eliminates definitional references to "commercial" and "non-commercial" sound trucks (Section 12.04.660). 2. Clarifies that the exterior noise level limits for both multi -family and public space is the same. (Table III, Chapter 12.06). 3. Eliminates an incongruity in interior noise levels regarding multi -family residences, by defining multi -family residences for purposes of interior noise levels to be two units or more, instead of nine of more dwelling units (Table IV, Chapter 12.08). (Normally, multi -family units are referenced in the Land Use Code as nine or more units. For example, see Section 18.14.400. This revision to Title 12 does not affect land use issues). 4. Establishes a prima facie evidence rule for nuisance sound levels at 50 feet, unless a higher sound level is allowed by code (Section 12.10.040), thus allowing an alternative objective method for nuisance sound measurement. 5. An additional clarification is proposed in Section 12.10.090 to prohibit the use of sound amplifying equipment to project telephone sound beyond the limit of the property, so as to be consistent with current industrial practice, rather than to absolutely prohibit the equipment. 6. Repeals restrictions applicable to street sales in Section 12.10.100 relating to "outcrying", a somewhat archaic concept. 7. Adds an objective time duration for nuisance noise from noisy animals and birds in Section 12.10.120. 8. Requires portable loudspeakers and other sound amplifying equipment, to be equipped with, and not operated unless, a volume limiting switch is installed, and clarifies the maximum noise levels permitted during sound operation, based upon the receiving land use. Makes the hours of prohibited operation for both sound trucks and sound amplifying equipment the same between 9 p.m. to 8 a.m., in residential and commercial zones. 2 Title 12 Staff Report July 17, 2001 Page Three 9. Eliminates an incongruity in noise disturbances for construction and demolition activity between 7 p.m. and 7 a.m. This revision corrects the incongruity by prohibiting construction and demolition noise between 7 p.m. and 7 a.m., and all day Sunday and holidays in residential and commercial zones, except for emergency and public health related work (see Section 12.10.160). 10. The requirement for the location of required signage is clarified to be at the street corners in designated sound sensitive zones (Section 12.10.280). 11. Establishes more objective equipment and operating criteria for sound trucks, and eliminates distinctions between commercial and non-commercial sound trucks. A business license is required for sound trucks doing business within city limits. Requires a sound calibrated volume -limiting device to be installed and utilized during operation. Licensing is a ministerial function; operating licenses are limited to a thirty (30) day period, following which they are subject to renewal. Once the equipment has been certified, issuance of sound truck operating licenses would be a ministerial function of the Finance Department rather than discretionary with the City Council. Specific standards are prescribed for controlling sound limits in a time, place and manner methodology (Chapter 12.14). 12. Enforcement of nuisance noise disturbances requires prior notification to the offender regarding the noise excedance level before enforcement action may be initiated (Section 12.18.060). 13. This section generally provides that noise disturbances that are both environmental and nuisance shall be enforced as nuisance noises, unless a determination is made to enforce the disturbance as environmental. The Planning Director is now substituted for the Chief of Police for making determinations whether noise disturbances that are both environmental and nuisance are be treated and enforced as an environmental noise disturbance instead (Section 12.18.080). 14. Adds a section on how noise shall be measured based on the Model Community Noise Control Ordinance prepared by the Department of Health. Berkely, California. (Section 12.18.090), and repeals section 12.18.120 regarding injunctive actions against the city to compel enforcement of the provisions of title 12. 3 STRIKEOUT VERSION Title 12 NOISE CONTROL Chapter 12.02 GENERAL PROVISIONS 12.02.020 Title. The ordinance codified in this title shall be known and may be cited as "The Noise Control Ordinance" of the city of National City. (Ord. 1697 § 2 (part), 1979) 12.02.040 Declaration of findings and policy. Whereas, excessive noise and vibration are a serious hazard to the public health and welfare and the quality of life, and Whereas, the people have a right to and should be ensured an environment free from noise and vibration that may jeopardize their health or welfare or degrade the quality of life; Now, therefore, it is the policy of the city to prevent noise and vibration whichvibration that may jeopardize the health or welfare of its citizens or degrade the quality of life. (Ord. 1697 § 2 (part), 1979) 12.02.060 Criteria. As criteria for this chapter, Table I is a chart showing sound levels and their expected impact in terms of human response. Table II is a list of National Goals for Noise Reduction as set forth by the U.S. Environmental Protection Agency in their publication "Toward a National Strategy for Noise Control" April 1977. ABLE I SOUND LEVELS AND HUMAN RESPONSE Common Sounds Noise Level (dBdB) Effect Carrier deck Jet operation Air raid siren 140 Painfully loud Jet takeoff (200 feet) Thunderclap Discotheque Auto horn (3 feet) 130 120 Maximum vocal effort 1 Attachment "A" Pile drivers Chain saw (2 feet) 110 Garbage truck 767.10 Power lawn mower (4 feet) 100 Heavy truck (50 feet) City traffic 90 Very annoying Hearing damage (8 hrs) Alarm clock (2 feet) Hair dryer Vacuum cleaner 80 Annoying Noisy restaurant Freeway traffic Man's voice 70 Telephone use difficult Air conditioning unit (20 feet) 60 Intrusive Light auto traffic (100 feet) 50 Quiet Living room Bedroom Quiet office 40 Library Soft whisper (15 feet) 30 Very quiet Broadcasting studio 20 10 Just audible 0 Hearing begins This decibel (dBdB) table compares some common sounds and shows how they rank in potential harm to hearing. Note that 70 dBdB is the point at which noise may begins to harm hearing, that 60 dBdB is the threshold of stress response and 45 cl-BdB disturbs sleep. To the ear, each 10 dBdB increase seems twice as loud. 2 Attachment "A" TABLE II A. To take all practical steps to eliminate hearing loss resulting from noise exposure; B. To reduce environmental noise exposure to an Ldn value of no more than 75 dBdB immediately; C. To reduce noise exposure levels to Ldn 65 dBdB by vigorous regulatory and planning actions; D. To strive for an eventual reduction of noise levels to an Ldn of 55 dBdB. (Ord. 1697 § 2 (part), 1979) Chapter 12.04 DEFINITIONS 12.04.020 Terminology. All terminology used in this title, not defined in this chapter shall be in conformance with the American National Standards Institute standards ANSI S1.1 1971 1971, or most currentAeeustical revision. Terminology {attached by reference). (Ord. 1697 § 2 (part), 1979) 12.04.040 A -weighted sound level. "A -weighted sound level" means the sound level in decibels as measured on a sound level meter using the A -weighting network. The level so read is often designated dBdB(A) or dBdBA. (Ord. 1697 § 2 (part), 1979) 12.04.060 Ambient noise level. "Ambient noise level" means the composite of noise from all sources near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location and time. (Ord. 1697 § 2 (part), 1979) 3 Attachment "A" 12.04.080 Code enforcement officer. "Code enforcement office(r)" means the -any city employee and/or police officer having lead responsibility for enforcing this chapter; and, the city employee having responsibility for making noise surveys, noise analyses, noise investigations and for the the administration of this chapter, other than enforcement. (Ord. 1697 § 2 (part), 1979) 12.04.100 Construction. "Construction" means any site preparation, assembly, substantial repair, alteration or similar action, for or of public or private rights -of -way, structures, utilities or similar property or similar activity upon public or private structures or land. (Ord. 1697 § 2 (part), 1979) 12.04.120 Continuous sound. "Continuous sound" means sound which is of a steady and uninterrupted nature of a specified time period. For the purposes of this title, the minimum time period shall be one hour, unless otherwise provided. (Ord. 1697 § 2 (part), 1979) 12.04.140 Cumulative period. "Cumulative period" means an additive period of time composed of individual time segments whichsegments that may be continuous or interrupted. (Ord. 1697 § 2 (part), 1979) 12.04.160 Day/night average sound level (Ldn). "Day/night average sound level (Ldn)" means a twenty-four hour average of the A -weighted sound level, with the level during the period ten p.m. to seven a.m. increased by ten dBdB(a) before averaging. It is denoted "Ldn." It is typically used for assessing noise impacts from transportation noise sources. (Ord. 1697 § 2 (part), 1979) 12.04.180 Decibel. "Decibel" (also "dB") means a unit for measuring the amplitude of sound, equal to twenty times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is twenty micropascals. (Ord. 1697 § 2 (part), 1979) 12.04.200 Demolition. "Demolition" means any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces, or similar property. 4 Attachment "A" 12.04.220 Equivalent sound level (Leq). "Equivalent sound level (Legg)" means the average sound level of an event measured over a stated time period, typically one hour, in which case it may also be represented as "Leq(h)". (Ord. 1697 § 2 (part), 1979) 12.04.240 Emergency work. "Emergency work" means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. (Ord. 1697 § 2 (part), 1979) 12.04.260 Environmental noise. See "Noise disturbance —environmental" as defined in Section 12.04.480A. (Ord. 1697 § 2 (part), 1979) 12.04.280 Fixed noise source. "Fixed noise source" means a stationary device-whichdevice that creates sounds while fixed or motionless, including but not limited to residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air conditioners, and refrigeration equipment. (Ord. 1697 § 2 (part), 1979) 12.04.300 Impulsive sound. "Impulsive sound" means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms. (Ord. 1697 § 2 (part), 1979) 12.04.320 Intermittent sound. "Intermittent sound" means sound which is not continuous or which is of a cyclic or repetitive nature. (Ord. 1697 § 2 (part), 1979) 12.04.340 Intrusive noise. "Intrusive noise" means that noise which intrudes over and above the existing ambient noise at a given location. The relative intrusiveness of a sound depends upon its amplitude, duration, frequency and time of occurrence, and tonal or informational content as well as the prevailing ambient noise level. (Ord. 1697 § 2 (part), 1979) 5 Attachment "A" 12.04.360 Licensed. "Licensed" means the possession of a formal license or a permit issued by the appropriate jurisdictional authority; or, where no permits or licenses are issued, the sanctioning of the activity by the jurisdiction as noted in public record. (Ord. 1697 § 2 (part), 1979) 12.04.370 Loudspeaker. "Loudspeaker" —see "Sound Amolifvino Eaui•ment". 12.04.380 Message. "Message" means any voice, music, sound or other audible stimulation. (Ord. 1697 § 2 (part), 1979) 12.04.400 Mobile noise source. "Mobile noise source" means any noise source other than a fixed noise source. (Ord. 1697 § 2 (part), 1979) 12.04.420 Motor vehicle. "Motor vehicle" means any and all self-propelled vehicles as defined in the California Motor Vehicle Code, including all on -highway type motor vehicles subject to registration under the code, and all off -highway type motor vehicles subject to identification under the code. (Ord. 1697 § 2 (part), 1979) 12.04.440 Motorboat. "Motorboat" means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion, but shall not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States government or any federal agency successor thereto (Section 651(d), Harbors and Navigation Code). (Ord. 1697 § 2 (part), 1979) 12.04.460 Muffler or sound dissipative device. "Muffler or sound dissipative device" means a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from an internal combustion engine_, and effective in rcducing to reduce exhaust noise. (Ord. 1697 § 2 (part), 1979) 6 Attachment "A" 12.04.480 Noise disturbance. Any noise exceeding the noise level limits for a designated receiving land use category specified in Table III, or the noise emanating from any of the prohibited actions as -specified in Chapters 12.08,12.10 or 12.14 shall be deemed to lads a noise disturbance. Noise disturbances are classified as either environmental or nuisance, or, in some cases, both. A. Noise Disturbance --Environmental. Those noises disturbances resulting from land use activity normally permitted under the Land Use Code, but which exceed the noise level limits set by this code for that particular land use. Environmental noise sources are specified in, but not limited by the list in Appendix A of Chapter 12.22. B. Noise Disturbance --Nuisance. Those intrusive noises disturbancco, other than environmental noises d'ic+u�es, which} because of their unusual presence, are or may be considered harmful to health and well-being, due to their raucous, annoying, or obnoxious and unpleasant nature and characteristics. A nuisance noise is a noise that constitutes a "public nuisance", as defined in Civil Code section 3479. Types of Nnuisance noise disturbances are further specified in, but not limited to, the examples in Chapter 12.10 and Appendix A of Chapter 12.22. (Ord. 1697 § 2 (part), 1979) 12.04.500 Noise sensitive zone. "Noise sensitive zone" means any area designated by the planning commission for the purpose of ensuring exceptional-guletnoise control. (Ord. 1697 § 2 (part), 1979) 12.04.520 Powered model vehicle. "Powered model vehicle" means any self-propelled, airborne, waterborne or landborne plane, vessel, or vehicle, which is not designed to carry persons, including but not limited to any model airplane, boat, car, or rocket. (Ord. 1697 § 2 (part), 1979) 12.04.540 Public right-of-way. "Public right-of-way" means any street, avenue, boulevard, highway, bikeway, sidewalk or alley or similar place whichplace that is owned or controlled by a government entity. (Ord. 1697 § 2 (part), 1979) 12.04.560 Public space. "Public space" means any real property or structures thereon which are owned or controlled by a governmental entity, other than the public rights of way. (Ord. 1697 § 2 (part), 1979) 7 Attachment "A" 12.04.580 Pure tone. "Pure tone" means any seund-whichsound that can be judgcd acis audible as a single pitch or a set of single pitches pelice-officer. (Ord. 1697 § 2 (part), 1979) 12.04.600 Real property boundary or real property line. "Real property boundary" or "real property line" means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra- building real property divisions. (Ord. 1697 § 2 (part), 1979) 12.04.620 Sound amplifying equipment. "Sound -amplifying equipment," as used means any machine or device using electronic, mechanical or combination means for the amplification of the human voice, music or any other sound. This includes handheld or portable louds • eakers and remote) located loudspeakers attached to and/or o • erated from a vehicle. Sound amplifying equipment, as used in this title, shall not be construed as includei standard automotive audio systems installed as factory or dealer original equipment, warning devices on authorized emergency vehicles, or horns or other warning devices on other vehicles used only for traffic and public safety purposes. This definition shalt vehicle. (Ord. 1697 § 2 (part), 1979) 12.04.640 Sound level meter. "Sound level meter" means an instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels, which meets or exceeds the requirements pertinent for Ttype S2A 2 or S2A sound level meters -in per American National Standards Institute specifications for sound level meters, S1.4 19711983, or more current revision. (Ord. 1697 § 2 (part), 1979) 12.04.660 Sound truck. "Sound truck" means any motor vehicle, or any other vehicle regardless of motive power, whether in motion or stationary, having mounted thereon or attached thereto, any sound -amplifying equipment. It included, 8 Attachment "A" 12.04.680 Vibration perception threshold. "Vibration perception threshold" means the minimum ground -borne or structure - borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or the visual observation of moving objects. The perception threshold shall be presumed to be a motion velocity of 0.01 in/sec over the range of 1 to 100 Hz. (Ord. 1697 § 2 (part), 1979) 12.04.700 Weekday. "Weekday" means any day, Monday through Friday, which is not a legal holiday. (Ord. 1697 § 2 (part), 1979) Chapter 12.06 EXTERIOR NOISE LIMITS 12.06.020 Maximum permissible sound levels by receiving land use. A. The noise standards for the various categories of land use as presented in Table Ill of this Chapter and cct forth in terms for various categories of land uses defined in Chapter 18.10 in -of the city land use code set forth in Chapter 18.10, shall, unless otherwise specifically indicated, apply to each property or portion of property substantially used for a particular type of land use reasonably similar to the land use types shown in Table Ill. Where two or more dissimilar land uses occur on a single property, the more restrictive noise limits shall apply. B. Additional land use classifications may be added by resolution of the planning commission to reflect both lower and higher existing ambient levels than those shown. C. Where doubt exists when making identification of receiving land use, the planning commission may make an interpretation in the manner provided by Section 18.134.020 of the land use code. D. No person shall operate or cause to be operated; any source of sound at any location within the city or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level to exceed the environmental noise level and/or nuisance interpretation noise level, or both, of the applicable limits given in Table ta-llll of this chapter at any point on or beyond the boundaries of the property on which the sound is produced. E. 1. Environmental noise shall be measured assessed by the A -weighted equivalent sound level (LegLeq) for any hour (Leq(h)). 2. Nuisance noise shall be measured assessed as an A -weighted sound level not to be exceeded at any time. Nuisance noise is not subject to hourly averaging as Leg(h). The sound level of an event may be assessed by sound level meters or recording devices, or by other objective methods. However, 9 Attachment "A" failure or inability to conduct measurements of the sound level shall not bar enforcement or abatement. 3. Sound levels by receiving land use shall be measured at the boundary of the property on which the sound is produced (generated) or at any point within the boundary of the property affected. 4. Fixed location public utility distribution or fixed transmission facilities, located on or adjacent to a property line shall be subject to noise level limits of this section measured at or beyond six feet from the boundary of the easement upon which the equipment is located. (Ord. 1697 § 2 (part), 1979) 12.06.040 Corrections to exterior noise level limits. A. If the noise is continuous as defined in Section 12.04.120, the Leg Lee for any hour will -can be represented by any lesser time period within that hour. Noise measurements of a few minutes only will thus suffice to define the noise level. B. If the noise is intermittent as defined in Section 12.04.32, the Leg Leg for any hour may be represented by a time period typical of the operating cycle. Measurement should be made of a representative number of noisy/quiet periods. A measurement period of not less than fifteen minutes is, however, strongly recommended when dealing with intermittent noise. C. In the event the alleged offensive noise_, officer, contains a steady, audible sound such as a whine, screech or hum, or contains a repetitive impulsive noise such as hammering or riveting, or contains music or speech , the standard limits set forth in Table III shall be reduced by 5 dBdB. D. If the measured ambient level exceeds that permissible in Table III, the allowable noise gxposurc level standard shall be the ambient noise level. The ambient level shall be measured when the alleged noise vielation-sviolation source is not operating. TABLE Ill EXTERIOR ENVIRONMENTAL NOISE LIMITS1 1. Environmental Noise --shall be measured as Leq in any hour (Leq(h)). 2. Nuisance Noise —shall be measured as a decibel level Not not to be exceeded at any time. 3. Except when other hours are s•ecified in Chaster 12.10. 10 Attachment "A" RECEIVING LAND USE CATEGORY Allowable Noise Level (dbd6 (A)) 10 p.m. to 7 a.m. 7 a.m. to 10 p.m. All residential (exc nulti- unitless than 9 dwelling units) 45 55 Multi -unit residential -(consisting of 9 dwelling units or 50 60 more,) and 9Public sSpace) Commercial 60 65 Light Industry Industry east of 1-5 70 70 Heavy Industry Industry west of 1-5 80 80 (Ord. 1697 § 2 (part), 1979) 11 Attachment "A" Chapter 12.08 INTERIOR NOISE LIMITS 12.08.020 Maximum permissible dwelling interior sound levels. A. No person shall operate or cause to operate, any source of sound within a residential -dwelling unit residential dwelling unit within a multifamily residential structure consisting of 2 or more dwelling units or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which thereby causes the noise level at the adjacent interior boundary wall of an affected property to exceed the the applicable noise level limits given in Table IV. I ra LI L.I.. I V Type of Land Use Time Interval Maximum Allowable Interior Noise Level (dbdBA) No Time 1 min in 1 hour 5 or more mini in 1 hour Multifamily residential 10 pm-7 am > 45 <= 40 <= 35 (consisting of 2 or more units) Rcsidcntia 7 am-10 pm > 55 <= 50 <= 45 Multifamily residential (consisting of 2 or more units) I (> greater than) ( <= less than or equal to) 12 Attachment "A" B. If the ambient noise level inside the receiving dwelling unit exceeds that permissible within any of the noise limit categories in Table IV, the allowable noise exposure standard in that category shall be the measured ambient for a cumulative period of five minutes in any hour, ambient plus 5 dB(A) for one minute in any hour and shall not exceed the ambient plus 10 dBdB(A) at any time. (Ord. 1697 § 2 (part) 1979) 12.08.040 Correction for character of sound. In the event than alleged offensive noise event , edged la the cede enforcement officer, contains a steady, audible tone such as a whine, screech, or hum, or is an impulsive and repetitive noise such as hammering or riveting, or contains music or speech , the standard limits set forth in Table IV shall be reduced by 5 dBdB. (Ord. 1697 § 2 (part), 1979) Chapter 12.10 PROHIBITED ACTS 12.10.020 Noise disturbances prohibited —general prohibition. A. No person shalllt is unlawful to unnecessarily make, continue, or cause to be made or sentimed,continued any noise disturbance. (Ord. 1697 § 2 (part), 1979) B Violations of this title may be charged under this sectionor as a violation of a more specific section delineated elsewhere in this chapter or title. 12.10.040 Prima facie evidence of violation. A. -Exce.t where a hi•her noise limit is s•ecified in this chaster 12.10 or Table III of chanter 12 06 any noise that is audible at a distance of fifty (501 feet or more from the source of the sound, shall be prima facie evidence of a noise disturbance. B. TheThe acts set forth in this chapter , —and the causing or permitting thereof; are declared to be specific examples constituting noise disturbances in violation of this title. C. The decibel levels specified in Table III of chapter 12.06 when assessed for nuisance noise shall be measured pursuant to section 12.06. 020 (E) (2) as a noise level not to be exceeded at any time, and shall not be subject to hourly averaging as Leq(h). ( Ord. 1697 § 2 (part), 1979) 12.10.060 Radios, television sets, musical instruments and similar devices. It is unlawful to 9operatcing, playing or permitting the operation or playing of any radio, television set, phonograph, drum, musical instrument, or similar device which produces or reproduces sound: A. Between the hours of ten p.m. and seven a.m. in such a mannerat a level as tothat create a noise dicturbanccexceeds the interior noise limits of Table IV of chapter 12.08 across the interior wall or boundary separatin• attached 13 Attachment "A" multifamily dwelling units from each other, or the exterior noise limits of Table III of chapter 12.06 across a residential or commercial real property line;line; or, at any time to violate the provisions of Section 12.06.020, except for activities for which an exception has been issued per -pursuant Chapterto Chapter 12.16; it B. In such a manner as to exceed the levels set forth for public space in Table III of chapter 12.06, measured at a distance of at least twenty-five feet from such device operating on a public right-of-way or within or upon a public space. 12.10.080 Loudspeakers (Amplified sound) (Sound -amplifying equipment). A. Except as otherwise provided in chapter 12.14 for sound trucks it is unlawful to Uuseing or operating operate outdoors for any purpose any sound amplifying equipment, including a loudspeaker, loudspeaker system, or similar device, between the hours of ten-9 p.m. and scven8 a a.m.., such that the sound therefrom creates a noise disturbance acros.,outdoors in a residential er-and commercial real property linozone; or at any other time so as to violates the noise level provisions of Section 12.06.020_ B. This prohibition shall not apply to any activity for which an exception exception has been issued, as set forth in pursuant-Chapterto Chapter 12.16 for environmental noise. For sound truck regulations, see Chapter 12.11. (Ord. 1697 § 2 (part), 1-97 C IIItt is unlawful to operate an ry sound amolifvino equipment that is not provided with an operable volume limiting control device or switch. 12.10.090 Projection of telephone sound. The use of sound -amplifying equipment a loudspeaker system or similar device to project telephone sound in or to any outdoor area is expressly prohibited. Any such system in existence upon the effective date of the ordinance codified in this section shall immediately be removed. (Ord. 2064 § 1, 1993) 12.10.100 RESERVED 12.'10.100 Sttreet sales. beverages at licensed orting events, parades, fairs, circuses, or other similar 12.10.120 Animals and birds. It is unlawful to allow any animal or bird which frequently, or for long duration,to howls, barks, meows, squawks, or makes a other sounds characteristic of that species which creates a noise disturbance across a residential or commercial real property line or within a noise sensitive 14 Attachment "A" zone between the hours of 10 PM and 7 AM daily for more than three (3) minutes, or at other times for more than ten (10) consecutive minutes or for more than a total of fifteen (15) minutes within any sixty (60) minute period..- This provision shall not apply to public zoos. (Ord. 1697 § 2 (part), 1979) 12.10.140 Loading and unloading. Loading, unloading, opening, closing or other handlinglt is unlawful to load, unload, open, close or otherwise handle of -boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of ten p.m. and seven a.m. daily in such a manner as to cause a noise disturbancocreate a noise disturbance across a residential real property line or that at any time to -violates the provisions of Section 12.06.020 (Ord. 1697 § 2 (part), 1979) 12.10.160 Construction/demolition. A. Except as provided in sections 12.10.160 B , it is unlawful to A. Operating or causing operate or to allow or cause the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work between weekday hours of seven p.m. and seven a.m., or at any time on weekends or holidays, such that the sound therefrom creates a noise disturbance across a residential or commercial real property line that violates the provisions of section 12.06.020. , except for B. Subsection A shall not apply to: emergency work of -performed by public service utilities; work on private property that is necessary for fire and life safety; or by exception, as set forth in work permitted pursuant to Chapter 12.16.L This oorr to the use of domestic power tools as specified allowed in Section 12.10.300. BC. Noise Restrictions at Affected Properties. Noise from Sconstruction or demolition activities shall be conducted in such a manner thatnot exceed the maximum noise levels at or within the boundaries of affected properties will -not exceed those listed in the following schedule at all other times: (Continued on Page 16) 15 Attachment "A" Mobile Equipment Maximum noise levels for nonscheduled, intermittent, short-term operation (less than 10 days) of mobile equipment: Type I Areas Residential Type II Areas Semi -Residential/ Commercial Daily, except Sundays and Legal Holidays, between7 75 dBdBA 85 diildBA a.m. to 7 p.m. Daily, 7 to 7 dBA 70 dBA 60 p.m. a.m. and all day Sunday Legal and Holidays ion Stationary Equipment Maximum noise levels for repetitively scheduled and relatively long --term operation (periods of 10 days or more) of stationary equipment: Type I Areas Residential Type II Areas Semi -Residential! Commercial Daily, except Sundays and Legal Holidays, 7 a.m. to 7 p.m. 60 dBdBA 70 dBdBA 50 dBA 60 dBA Daily, 7 p.m. to 7 all day a.m. and Sunday and Legal Holiday& - (Ord. 1697 § 2 (part), 19 16 Attachment "A" *********12.10.180 Vibration. It is unlawful to operate or permit the operation of any device that creates a vibration which isveexceeds the vibration perception threshold of -individual -at or beyond the property boundary of the source if the source originates on private property} or at a distance of one hundred fifty feet or more from the source if originating from a location on a public space or public right-of-way. Vibration that occurs as an incidental result of sound generation shall not be governed by this section only, but also by the prohibitions or restrictions applicable to the source of the sound.(Ord. 1697 § 2 (part), 1979) 12.10.200 Powered model vehicles. It is unlawful to Operating „r pe ittingoperate or permit the operation of powered model vehicles: A. Between the hours of ten p.m. and seven a.m. daily so as to create a noise disturbancc acro^disturbance across a residential or commercial real property line} or at any time to violate the provisions of Section 12.06.020 ; or, B. In such a manner as to exceed the levels set forth for public space use in Table III of chapter 12.06 measured at a distance not less than one hundred feet from any point en -along the path of a -the particular model vehicle being operateding on the public space or public right-of-way. (Ord. 1697 § 2 (part), 1979) 12.10.220 Stationary nonemergency signaling devices. A. Except as provided in section 12.10.220B, it is unlawful to A. Sounding or permittingsound or permit the sounding of any electrically operated or electronically amplified signal from any stationary bell, chime, siren, whistle, or similar device, intendeddesigned primarily for nonemergency purposes, from any place, for more than ten seconds continually; in an hourly period, or intermittently sounding -over one thirty-second cumulative period in any hour. B. Sound sources covered by this provision may be exempted or modified by special cxcoptions, as sct forth inauthorization pursuant to -Chapter 12.16. (Ord. 1697 § 2 (part), 1979) 12.10.240 Emergency signaling devices. A. Except as provided in section 12.10.240B, it is unlawful to intentionally sound or permit A. The intentional sounding or permitting the sounding outdoors of any fire, burglar, or civil defense alarm, siren, whistle, or similar stationary emergency signaling device, except for emergency purposes, or -for -testing, as provided in subsection B of this section. 17 Attachment "A" -B. 1. Testing of a stationary emergency signaling device is only permitted after seven a.m. of -and before after seven p.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed sixty seconds. 2. Testing of the complete emergency signaling system, including the functioning of the signaling device, and the personnel response to the signaling device, shall not occur more than once in each calendar month. Such testing shall not occur before seven a.m. or after ten p.m. The time limit specified in subsection B(I) shall not apply to such complete system testing. C. Sounding or permitting the sounding of any exterior burglar security or fire alarm or any motor vehicle burglar security alarm for more than fifteen minutes is prohibited. (Ord. 1697 § 2 (part), 1979) 12.10.260 Motorized off -road vehicles operating off public right-of-way. -No person shaallit is unlawful to operate or cause to be operated any motorized off -road vehicles off a public right-of-way or on private property in such a manner that the sound levels emitted therefrom violate the provisions of Section 12.06.020. This section shall apply to all motorized vehicles, whether or not duly licensed and registered or identified, including, but not limited to, commercial or noncommercial racing vehicles, motorcycles, go-carts, three-wheelers, amphibious craft, campers, snowmobiles and dune buggies, but not including motorboats. (Ord. 1679 § 2 (part), 1979) 12.10.280 Noise sensitive zones. It is unlawful to: A. Create or cause the creation within any noise sensitive zone of any sound ' ' that te-exceeds the specified land use noise standards set forth in Section 12.06.020, provided; that conspicuous signs are -are posted on each corner of the public right of wa at the perimeter of the zone displayed indicating the presence of the zone; or B. Create or cause the creation of any sound within or adjacent to any noise sensitive zone; containing a hospital, nursing home, school, court or other designated areaoccupancy, so as to interfere with the functions of such activity or annoy the occupants in the activity;be audible at the exterior wall of a designated structure within that zone. -provided provided; that conspicuous signs are -are posted on each corner of the public right of wa at the perimeter of the zone displayed indicating the presence of the zone. (Ord. 1697 § 2 (part), 1979) 12.10.300 Domestic power tools and machinery. It is unlawful to: A. Operating or permittingOperate or permit the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar tool between ten p.m. and seven a.m.; so as to create a noise disturbance -across a residential or commercial real property line. 18 Attachment "A" B. To fail to enclose or muffle and to maintain Aany motor, machinery, pump, or other noise producing equipment, such as swimming pool equipment, etc., shall be sufficiently enclosed or muffled and maintained so as not to create or allow the creation of a noise disturbance across a residential or commercial property line disturbance in accordance withexceeding the limits in Section 12.06.020. (Ord. 1697 § 2 (part) 1979) 12.10.320 Residential air conditioning or air handling equipment. It is unlawful to operate or permit the operation of any air conditioning or air handling equipment in such a manner as to exceed any of the sound levels specified in -Section 12.06.020. This applies only to units installed after adoption of the ordinance codified in this title. (Ord. 1697 § 2 (part), 1979) Chapter 12.12 SPECIAL PROVISIONS AND (EXEMPTIONS) 12.12.020 Warning devices. Warning devices on public transportation and public vehicles that are necessary for the protection of public safety, as for example, police, fire and ambulance sirens, and train horns, are exempted from the provisions of this title. (Ord. 1697 § 2 (part) 1979) 12.12.040 Outdoor activities exemptions. The provisions of this title shall not apply to_ occasional outdoor gatherings, public dances, shows, and sporting and entertainment events (excluding reglarly sched lerl school athletic events . v), provided the events are conducted pursuant to a permit or license issued by the city relative to the staging of the cvcnts. under chapter 15.60; to regularly scheduled school activities conducted by a community college or school district; or, to activities for which noise control parameters and regulations have been adopted pursuant to chapter 18.116 of the Land Use Code. The permit authority, as set forth in Chapter 18.116 of the land-usc codc, may, aside from this title, regulate and control noise caused by such outdoor activity. (Ord. 1697 § 2 (part), 1979) 12.12.060 Exemptions from exterior noise standards. The provisions of Section 12.06.020 shall not apply to activities covered by the following sections: Section 1` 1n 100 street sales__ prohibited unless a t' is ranranted-per Chapter 12.16. (See also Chapter 18.92 LUC); -CA. Section 12.10.220, stationary nonemergency signaling devices; 19 Attachment "A" DB. Section 12.10.240, emergency signaling devices; -FC. Chapter 12.14, sound trucks; GD. Section 12.16.020G, wherein noise limit exceptions or cxccsccs allowances are specifically provided for in the issuance of any temporary use permit pursuant to Chapters 15.60 or 18.116, or in other city council approvals of any parades, civic functions or gatherings ' for which noise control is specifically provided for or re•ulated. (Ord. 1697 § 2 (part), 1979) ME. Automotive noise •enerated b vehicles properl eaui•ped and operatin• on public rights of way in accordance with California Vehicle Code. 12.12.080 Federal or state preempted activities. Any other activity to the extent noise regulation thereof has been preempted by state or federal law is exempted from the provisions of this Title 12. (Ord. 1697 § 2 (part), 1979) Chapter 12.14 SOUND TRUCKS 12.14.020 Sound trucks--Sound-amplifying equipment. It is unlawful for any person to operate a sound truck or any vehicle equipped with sound -amplifying equipment without a valid sound truck operating license as provided for in this chapter or in any manner contrary to the provisions of this chapter. (Ord. 1697 § 2 (part), 1979) 12.14.40 RESERVED requiredT cforc 12.14.060 RESERVED 20 Attachment "A" A. No person shall use or cause to be used a sound truck with its sound obtaining a license therefor. Each sound truck must be licensed. conditions attached to such license. C. The city treasurer shall not issue any such license until the application nt has bccn certified h the polio department as to compliance with this chapter• until the city council has authorized such license; and until a fee in an amount to be determined ha, been paid. (Ord. 1697 § 2 (part), 1979) 12.14.080 Applications for license. Persons applying for sound truck operating licenses shall make written application to the police department. The form and content of applications for sound truck licenses shall be prescribed by the city manager. (Ord. 1697 § 2 (part), 1979) 12.14.100 RESERVED A. All applications for licenses, upon being certified complete by the police department, shall be presented to the city council for approval. The city council public convenience and noce-sity and consistency with the purposes of this chapter:. B. No license can be issued without city council approval. (Ord. 1697 § 2 (part), 9) 12.14.120 Inspections and equipment conditions required for issuance of sound truck operating license. A. All sound -amplifying equipment regulated hereunder under this chapter shall be inspected and certified by the police department for compliance with this section before a license is -can be issued} and may be inspected at any other time ordered by the chief of police or his dcicgatcdesignate whenever there is a reasonable basis for concluding that a violation of this title or chapter has occurred. Such inspection shall be made at time and place designated by the police department. B. Whene.ier the pelise department finds that sound_ amplifying eg. ipm t v Nv..vv vl.ra�. au .v..a .. v u .a..a vvaa. .aa w nN.u'u raaf vy�arprrn�r �ti .v 1979)-The vehicle upon which the sound amplifying equipment is installed must 21 Attachment "A" meet all safety and equipment requirements of the Vehicle Code and a current certificate of insurance evidencing the public liability re• uirements for that vehicle shall be presented. C. Exterior sound -am lif in• equipment shall be securely mounted to the bod of the vehicle b means of bolts or other fastening devices of sufficient stren•th to prevent loss of the e•uipment during vehicle o•eration. D. The sound amplifying equipment shall be mounted on the vehicle so as to project sound forward along the path of vehicle travel, with the equipment axis more or less parallel to the centerline of the vehicle not to exceed fifteen (15' degrees to either side of the centerline. E. The interior of the vehicle shall be equipped at all times with a volume control - limiting device that is marked and calibrated to not allow the sound levels that are prescribed by this chapter for mobile and stationary operation to be exceeded. The Police department shall conduct acoustic measurements and ensure that the marks and calibration registered on the volume control-limitin• device meet the requirements of this Title includina the operatin• noise limits. The volume control -limiting device must be capable of controllin• the sound level at all times during operation. 12.14.140 Issuance of sound truck operating license. A. The city treasurer shall issue a sound truck operating license for each application found -certified by the Chief of Police to be in compliance with this chapterSection 12.14.120. Each sound truck operating license shall be for a specific duration as stated thereon. A business license shall also be required for all sound trucks for hire that are or will be conducting business within the cit pursuant to Chapter 6.04. B. In no case shall a sound truck operating license be in effect for more than thirty days, Of-asunless otherwise specified bycity council action pursuant to chapter 15.60. C. Any sound truck operating license application denied by the city treasurer. shall be promptly returned to the applicant with a statement of reasons for that denial. D. Copies of all sound truck operating licenses issued or denied shall be sent to the chief of police and city manager. (Ord. 1697 § 2 (part), 1979) 12.14.160 Possession and display of sound truck operating licenses. A licensee shall keep such the sound truck operating license in his or her possession in the sound truck during the time the sound truck's sound -amplifying equipment is in operation. The sound truck operating license shall be promptly displayed and shown to any code enforcement officer or policeman of the city, upon request. (Ord. 1697 § 2 (part), 1979) 22 Attachment "A" 12.14.180 Surrender and suspension of sound truck operating license. Whenever a policc department inspection or investigation reveals that sound - amplifying equipment is being operated in violation of this chapter or in violation of the terms and conditions attached to a sound truck operating license, the investigating officer may suspend and may demand the immediate surrender of such the sound truck operating license. Upon such demand for suspension of sound operations and surrender of the license, the licensee shall immediately stop using the sound -amplifying equipmentuse and surrender the license. Failure to stop challuse-forthe sound operation -shall authorize the impoundment of the sound -amplifying equipment} including the vehicle if the sound amplifying equipment cannot be conveniently removed, pending an administrative hearing. The operator shall be advised verbally or in writing of the ri • ht to an administrative appeal under section 12.14.200.(Ord. 1697 § 2 (part) 1979) 12.14.200 Administrative hearing. Within the next succeeding work -business day of -following the suspension of a sound truck operating license} the licensee shall; upon verbal or written demand; be given the opportunity for an administrative hearing and review before the city manager or his delegatcdesignate .The designate shall not be a member of the department of the officer ordering the suspension. At the time of such hearing, the city manager or designate may reverse the suspension, or affirm or —modify it or reverse the suspension upon making a finding that preservation of public health, safety and welfare warrants such action. Such determination shall thereafter be administratively final. (Ord. 1697 § 2 (part), 1979) 12.14.220 Regulations for use. It is unlawful for any persons to operate or cause to be operated any sound truck or sound -amplifying equipment mounted on a sound truck in violation of the following regulations: A. The only sounds permitted are -shall be music or human speech, or combination. B. Sound °operations are permittecl-between-the-hotirs-of-eight-a-anel-n-i-ne p.m. or after nine p.m.prohibited after 9 p.m. and before 8 a.m. in all zones, and may be allowed after 9 p.m. in other than residential zones during public events and affairs of interest to the general public. only pursuant to a temporary use permit issued under chapter 15.60. Sound operations may be ordered suspended by the chief of police or designate whenever sound truck operations are impeding traffic. 23 Attachment "A" C. Sound -amplifying equipment shall not be operated unless the sound truck unless the sound system is provided with an ogeratin• volume -limiting device meeting the re•uirements of section 12.14.120 and all the other o • eratina and eaui • ment conditions set forth in that section are met. D. Sound amplifying equipment shall not be issued operated within one hundred yards of hospitals, schools, or churches at any time.; or obscene. FE. The volume of sound shall not exceed a sound level of sixty-five .(65)_decibels" " bA at a distance of fifty (50). feet from the sound -amplifying equipment as measured by a sound level meter_. When the sound truck is stop•ed in traffic or for more than one minute the sound level shall be adjusted so as not to exceed fift (50 dbA at a distance of fifty (50 feet. GF. No sound -amplifying equipment shall not be operated unless the equipment is equipment uscd shall bo mounted facing forward and no more than fifteen degrees to either side of the parallel to the direction of travelcenterline of the sound truck; , so placed upon the sound truck as to not vary more than fifteen degrees either of ' -e of the enter of the direction of tra 14G. No sound truck with -with it amplif7ingsound-amplifying device -equipment in operation shall be driven on the same street past the same point more than twice in a period of one hour. (Ord. 1697 § 2 (part) 1979) H. Sound amplifying equipment shall not be operated on a sound truck unless a valid sound truck operating license issued pursuant to section 12.14.140 is in existence. Chapter 12.16 EXCEPTIONS 12.16.020 Special permit exceptions for environmental noise. A. The planning commission is authorized to grant exceptions for any environmental noise provision of this title, subject to limitations as to area, noise levels, time limits, and other terms and conditions as the planning commission determines are appropriate to protect the public health, safety, and welfare from the noise emanating therefrom. This section shall in no way affect the duty to obtain any permit or license required by law for such activities, nor shall it apply to nuisance noises. 24 Attachment "A" B. Any person seeking an exceptions pursuant to this section shall file an application with the planning director. The application shall be submitted and processed in the same manner as conditional use permits as provided in Section 18.128.060 Bet seq.18.116.060 through 18.128.09018.116.090. The application shall contain information which demonstrates that bringing the ource of seundinformation that demonstrates that bringing the source of sound or activity for which the exception is sought into compliance with this title would constitute an unreasonable hardship on the applicant, on the community, or on other persons. The fee prescribed in the National City Fee Schedule shall accompany the application. A separate application shall be filed for each noise source; provided, however, that several mobile sources under common ownership, or several fixed sources on a single property may be combined into one application. Notice of an application for an exception shall be published according to Section 18.130.080 of the National City Land Use Code. Any individual who claims to be adversely affected by allowance of the exception may file a statement with the planning commission containing any information to support his claim. C. In determining whether to grant or deny the application, the planning commission shall balance the hardship on the applicant, the community, and other persons of not granting the exception against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the exception. Applicants for exceptions and persons contesting such exceptions may be required to submit such information as the planning commission may reasonably require, including sound level studies. In granting or denying an application, the planning commission shall keep on public file a copy of the decision and the reasons for denying or granting the exception. D. Exceptions shall be granted by notice to the applicant containing all necessary conditions including a time limit on the permitted activity. The exception shall not become effective until all conditions arc agreed to by the applicantthe applicant agrees to all conditions. Noncompliance with any condition of the exception shall terminate the exception and subject the person holding it to those provisions of this title for which the exception was granted. E. An exception will not exceed three hundred sixty-five days from the date on which it was granted. Application for extension of time limits specified in exceptions or for modification of other substantial conditions shall be treated like applications for initial exceptions under subsection B of this section. F. The planning director will issue guidelines defining the procedures to be followed in applying for an exception and the criteria to be considered in deciding whether to grant the exception. G. Wherein noiceNoise limit exceptions or excesses allowances are -specifically provided for in the issuance of 1 8exception granted under this Chapter or in -the city council approval of a temporary use permit pursuant to chapter 15.60 for of any parades, civic functions or gathcringoother special events, such specifics shall prevailnot be 25 Attachment "A" considered a noise disturbance. H. Estoppel. An application for exception shall have no effect until properly granted hereunder. Enforcement of violations shall be proper at any time prior to such granting. (Ord. 1697 § 2 (part), 1979) 12.16.040 Exceptions for time to comply. nce codified in this title, theThe owner of any commercial or industrial source of an environmental noise or sound source may apply to the planning commission for an exception in the length of time allotedallotted to achieve compliance with the provisions of this title. The planning commission shall have the authority, consistent with this section, to grant an exception not to exceed one year from the effective date of the ordinance codified or amended in this title. The same procedures and considerations as followed under Section 12.16.020 shall apply. (Ord. 1697 § 2 (part), 1979) Chapter 12.18 ENFORCEMENT 12.18.020 Violations and penalties. owned by them or under their control. C. It is a violation for any person to cause to be operated a sound truck without a E. vViolation of this title by making or allowing a nuisance noise disturbance shall be an infraction for a first violation. B. Re•eat violations may be prosecuted as misdemeanors under the •rovisions of section 1.20.020. (Ord. 1971, 1989; Ord. 1727 § 1, 1980; Ord. 1697 § 2 (part), 1979; Ord. 1621, 1978) 12.18.040 Environmental noise. A. Classification of Environmental Noise. The •tannin• director or desi•nate is responsible for administration and enforcement of environmental noise, andThc CEO shall making determinationse that any given obtrusive noise condition that falls within the definition of environmental noise disturbance, pursuant to Section 12.04.480A, i-s-as an environmental noise. The CEO may use Appendix A of 26 Attachment "A" chapter 12.22, attached ordi ee codified in this title shall be used as an aid in making -such determinations. The planning director may make "determinations"determinations as providcd for by land use code,pursuant to Section 18.104.030 for classifying noise sources not specifically mentioned in Appendix A. Sound level meters shall be used, when practicable or available, to measure the level of a noise disturbance. The duration of the noise event should be assessed, as applicable. Failure to do so shall not bar enforcement action to prosecute or abate violations, and the Planning Director may use other available evidence to justify such action. B. Responsibility. The planning director shall be responsible for investigation and enforcement of environmental noise disturbances. C. Guidelines. The planning director may, from time to time, promulgate additional guidelines for administration and enforcement of the provisions of this title pertaining to noise violations. D. Abatement. The officer responsible for enforcement of any provisions of this section shall first issue an order requiring abatement of a sound source alleged to be in violation of this Title 12. Orders of abatement may be written or verbally administered. The order to abate an environmental noise disturbance may allow a reasonable time for abatement, not to exceed thirty (30) days, and nuisance noise disturbances may be ordered abated immediately. If the source of the noise is equipped with a volume control device, the violator shall be allowed to adjust the volume until the volume complies with lawful sound levels. Failure to comply within the time specified may thereafter be enforced criminally or civilly, or both, as a violation of this title. Abatement of the noise disturbance shall terminate further enforcement action regarding a particular environmental noise disturbance, unless the event is repeated. No complaint or further action shall be taken in the event that the cause of the violation has been removed, the condition abated or fully corrected within the time period specified issued by the planning director or designate. (Ord. 1697 § 2 (part), 1979) 12.18.060 Nuisance noise. A. Classification of Nuisance Noise. The chief of police shall determine thator designate is responsible for administration and enforcement of any given obtrusive noise condition that falls within the definition of nuisance noise disturbance, pursuant to defined under Section 12.04.480B or chapter 12.10.; is a -nuisance noise. The chief of police may use Appendix A, hereto, of chapter 12.22 may be used as an aid in making such determinations. At the request of the chief of police, the planning director may make determinations as provided for by thounder National City Land Use Code, Section 1-318.104.030 for classifying nuisance noise sources not specifically mentioned in Appendix A. B. Responsibility. The chief of police shall be responsible for investigation and enforcement of nuisance noise disturbances. 27 Attachment "A" C. Guidelines. The chief of police may, from time to time, promulgate guidelines for administration and enforcement of the provisions of this title pertaining to nuisance noise violations. Sound level meters shall be used, when practicable or available, to measure the level of the noise disturbance. The duration of the noise event should be assessed, as applicable. Failure to do so shall not bar enforcement action to prosecute or abate violations. •rovided there is other objective evidence available to iustif such action. D. Abatement Order. The officer responsible for enforcement of any provisions of this section may shall first issue an order requiring abatement of a sound source alleged to be in violation of this Title 12. within a reasonable time period °Orders of abatement may be written or verbally administered. The order to abate an environmental noise disturbance may allow a reasonable time for abatement, not to exceed t in (30) days: nuisance noise disturbances ma be ordered abated immediately. If the source of the noise is eauip•ed with a volume control device, the violator shall be allowed to adjust the volume until the volume complies with lawful sound levels. Failure to comply within the time specified may thereafter be-heldbe enforced criminally or civilly, or both, as a violation of this title. (Ord. 1697 § 2 (part), 1979) 12.18.080 Enforcement of noise disturbances that are both environmental and nuisance. A. Where investigation reveals that offending noise violates both the environmental noise regulations and the nuisance noise regulations, the offense shall be enforced as a nuisance noise violation unless the chief of policoplannina director, u • on consultation b the chief of police, makes a specific finding that the environmental noise regulations more nearly apply, in which case the environmental noise regulations shall then apply. B. Nothing contained in this provision shall limit the city's ability to prosecute or abate noise violations as both environmental and nuisance noise. (Ord. 1697 § 2 (part), 1979) 12.18.090 Noise disturbance measurement procedure. -Upon receipt of a complaint, the code enforcement officer shall investigate the complaintmeasure the sound level usin a sound level meter whenever practicable, and gather non -acoustic data to adequately define the noise problem. A. Non -acoustic data. Non -acoustic data shall consist of the following: the type of noise source; location of the source relative to the affected property- time period(s) and duration during which the noise source is considered to be a disturbance; and the date and time(s of the noise measurement surve B. Exterior Noise measurement procedure. Noise measurement •rocedure usin• a sound level meter defined in Section 12.04.640 shall use the "A" weighting scale and the "slow" meter response except that the "fast" response shall be 28 Attachment "A" used for impulsive type sounds. Measurements shall be taken at any point on the receiving property with the microphone located at a height between four to five feet (4'-5') above the ground, and at least ten feet (10') from the source and any nearest reflective surface, if possible. The microphone shall be placed so as to take into account any relevant topography or any acoustical aberration or irregularity. C. Interior noise measurement procedure. If the complaint is related to interior noise, the "A" weighted scale, "slow" response (or fast" if impulsive), shall be used, and measurements shall be taken within the affected dwelling unit at a point at least four feet (4') from the wall, ceiling or floor nearest the noise source, with the windows open or closed in normal seasonal configuration. D. Calibration. The sound level meter shall be calibrated both immediately before and after recording any noise data, using an acoustic calibrator. 12.18.100 Violations: Additional remedies --Injunctions. As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision of this chapter which causes or creates sound levels or vibration exceeding the allowable limits as -specified in this chapter title is declared to be a public nuisance, and may shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction, or through administrative means pursuant to chapters 1.44 or 1.48. Additionally, no provision of this title shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person or injury or damage arising from any violation of this title or from other law. (Ord. 1697 § 2 (part), 1979) cnforccmcnt of this title. porcon or entity from commencing a civil action on his, her or its own behalf at any timo againct any other porson or ontit who is alleged to be in violation of any provisions of this title. (Ord. 1CfJ7 § 2 (part), 1070) Chapter 12.20 NOISE CORRIDOR(S) MAP 12.20.010 Preparation and maintenance. The planning director shall prepare and maintain a noise corridors map showing noise contours of 60 dBdB(A) Ldn or higher along all public streets, highways, and freeways, for use in designing noise insulation systems for new buildings and as a guideline for administration of this title. (Ord. 1697 § 2 (part), 1979) 29 Attachment "A" 12.20.020 Contents and use. This map shall be based upon assessment of community noise survey data. It may also show designated noise sensitive zones, and related data for administrative use. A copy of the current noise corrideFscorridor map shall be posted in the planning department for public use. A copy shall be provided to the department of building and housing -safety. (Ord. 1697 § 2 (part), 1979) Chapter 12.22 APPENDICES 12.22.020 Description, effect, and adoption. Appendices as described in Chapter 18.136 may be adopted to supplement this title. The effect of such appendices as well as adoption, amendment, and other administrative procedures shall also be as provided in Chapter 18.136. (Ord. 1697 § 2 (part), 1979) 12.22.040 Appendix A --Adoption. Appendix A to this title, codified in Section 12.22.060, is adopted concurrently with the adoption of the ordinance codified in this title. (Ord. 1697 § 2 (part), 1979) 12.22.060 Appendix A --Designated. (See attached) 30 Attachment "A" ACOUSTICAL REPORT ANALYSIS OF PROPOSED AMENDMENTS TO TITLE 12 OF THE NATIONAL CITY MUNICIPAL CODE Prepared for: City of National City Prepared by: Alexander Segal, Ph.D., INCE March 28, 1999 Attachment "B" TABLE OF CONTENTS PAGE SUMMARY OF FINDINGS III 1.0 INTRODUCTION 1 1.1 APPLICABLE NOISE STANDARDS 2 1.2 APPLICABLE ACOUSTICAL TERMS AND DEFINITIONS 4 2.0 AMENDMENTS TO SUBSECTION 12.06.020 E.3 5 3.0 AMENDMENTS TO SUBSECTION 12.06.040 D 7 4.0 CONCLUSIONS 12 5.0 REFERENCES 14 Title 12 of the National City Municipal Code Amendments Acoustical Analysis Report Attachment "B" ii SUMMARY OF FINDINGS The City of National City is planning to amend Subsections 12.06.020 E.3 and 12.06.040 D of Title 12 of the National City Municipal Code. At the City of National City request, this Acoustical Report analyzes potential acoustical implications of the proposed amendments. Based on the analysis of the proposed amendments, alternative modifications to Subsections 12.06.020 E.3 and 12.06.040 D of Title 12 of the National City Municipal Code are proposed. Title 12 of the National City Municipal Code Amendments Acoustical Analysis Report Attachment "B" 1.0 INTRODUCTION The City of National City is planning to amend Title 12 ("Noise Control") of the National City Municipal Code. As part of this amendment, the existing language of Subsection 12.06.020 E.3 of Title 12 will be modified. Subsection 12.06.040 D of Title 12 will be deleted. Subsections 12.06.020 E.3 and 12.06.040 D are part of Chapter 12.06 ("Exterior Noise Limits") of Title 12. Subsection 12.06.020 E.3 is included in Section 12.06.020 - "Maximum permissible sound levels by receiving land uses." The City of National City is considering replacing the existing language of Subsection 12.06.020 E.3 by new language as follows: Existing language: Sound levels by receiving land use shall be measured at the boundary or at any point within the boundary of the property affected. Proposed language: Sound levels shall be measured at the boundary of the property where the noise source is generated. Subsection 12.06.040 D is included in Section 12.06.040 - "Corrections to exterior noise limits." As has been noted above, the City of National City is considering excluding (deleting) this Subsection from Title 12 of the National City Municipal Code. The existing language of Subsection 12.06.040 D is as follows: If the measured ambient level exceeds that permissible in Table III, the allowable noise exposure standard shall be the ambient noise level. The ambient level shall be measured when the alleged noise violations source is not operating. This Acoustical Report analyzes potential acoustical implications of the proposed amendments. Based on the analysis contained in this Report, alternative modifications to Subsections 12.06.020 E.3 and 12.06.040 D are considered. Title 12 of the National City Municipal Code Amendments Acoustical Analysis Report Attachment "B" 1.1 APPLICABLE NOISE STANDARDS The National City Municipal Code addresses noise control regulations in Title 12 "Noise Control". Title 12 includes 11 Chapters that deal with different aspects of noise control (General Provisions, Definitions, Exterior and Interior Noise Limits, and others). Chapter 12.06 ("Exterior Noise Limits") includes 2 Sections (Section 12.06.020 and Section 12.06.040). Subsection 12.06.020 E.3 is included in Section 12.06.020. Subsection 12.06.040 D is included in Section 12.06.040). The following is the existing language of Sections 12.06.020 and 12.06.040: Section 12.06.020 — Maximum permissible sound levels by receiving land uses A. The noise standards for the various categories of land use as presented in Table III and set forth in terms defined in the city land use code set forth in Chapter 18.10, shall, unless otherwise specifically indicated, apply to each property or portion of property substantially used for a particular type of land use reasonably similar to the land use types shown in Table III. Where two or more dissimilar land uses occur on a single property, the more restrictive noise limits shall apply. B. Additional land use classifications may be added by resolution of the planning commission to reflect both lower and higher existing ambient levels than those shown. C. Where doubt exists when making identification of receiving land use, the planning commission may make an interpretation in the manner provided by Section 18.134.020 of the land use code. D. No person shall operate or cause to be operated, any source of sound at any location within the city or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level to exceed the environmental and/or nuisance interpretation of the applicable limits given in Table III. E. 1. Environmental noise shall be measured by the equivalent sound level (Leq) for any hour. 2. Nuisance noise shall be measured as a sound level not to be exceeded at any time. 3. Sound levels by receiving land use shall be measured at the boundary or at any point within the boundary of the property affected. 4. Fixed location public utility distribution or fixed transmission facilities, located on or adjacent to a property line shall be subject to noise level limits of this section measured at or beyond six feet from the boundary of the easement upon which the equipment is located. (Ord. 1697 S2(part), 1979). Title 12 of the National City Municipal Code Amendments Acoustical Analysis Report Attachment `B" 2 Section 12.06.040 — Corrections to exterior noise limits A. If the noise is continuous as defined in Section 12.04.120, the Leq for any hour will be represented by any lesser time period within that hour. Noise measurements of a few minutes only will thus suffice to define the noise level. B. If the noise is intermittent as defined in Section 12.04.32, the Leq for any hour may be represented by a time period typical of the operating cycle. Measurement should be made of a representative number of noisy/quiet periods. A measurement period of not less than fifteen minutes is, however, strongly recommended when dealing with intermittent noise. C. In the event the alleged offensive noise, as judged by the code enforcement officer, contains a steady, audible sound such as a whine, screech or hum, or contains a repetitive impulsive noise such as hammering or riveting, or contains music or speech conveying informational content, the standard limits set forth in Table III shall be reduced by 5 dB. D. If the measured ambient level exceeds that permissible in Table III, the allowable noise exposure standard shall be the ambient noise level. The ambient level shall be measured when the alleged noise violations source is not operating. TABLE III EXTERIOR NOISE LIMITS 1.2 1. Environmental Noise - Leq in any hour. 2. Nuisance Noise Not to be exceeded any time. Receiving Land Use Category Noise Level (dB(A)) 10 p.m. to 7 a.m. 7 a.m. to 10 p.m. All residential (except multi -unit) 45 55 Multi -unit residential (9 units or more public space) 50 60 Commercial 60 65 Light Industry (Industry east of 1-5) 70 70 Heavy Industrial (Industry west of 1-5) 80 80 Title 12 of the National City Municipal Code Amendments Acoustical Analysis Report Attachment `B" 3 1.2 APPLICABLE ACOUSTICAL TERMS AND DEFINITIONS Chapter 12.04 of Title 12 of the National City Municipal Code includes the following Definitions that relate to information provided in Chapter 12.06: 12.04.040 A -weighted sound level. "A -weighted sound level" means the sound level in decibels as measured on a sound level meter using the A -weighting network. The level so read is designated dB(A) or dBA. (Ord. 1697 S2(part), 1979). 12.04.060 Ambient noise level. "Ambient noise level" means the composite of noise from all sources near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location and time. (Ord. 1697 S2(part), 1979). 12.04.120 Continuous sound. "Continuous sound" means sound which is of a steady and uninterrupted nature of a specified time period. For the purposes of this title, the minimum time period shall be one hour. (Ord. 1697 S2(part), 1979). 12.04.180 Decibel. "Decibel" means a unit for measuring the amplitude of sound, equal to twenty times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is twenty micropascals. (Ord. 1697 S2(part), 1979). 12.04.220 Equivalent sound level (Leo). "Equivalent sound level (Leq)" means the average sound level measured over a stated time period. (Ord. 1697 S2(part), 1979). 12.04.320 Intermittent sound. "Intermittent sound" means sound which is not continuous or which is of a cyclic or repetitive nature. (Ord. 1697 S2(part), 1979). 12.04.500 Noise sensitive zone. "Noise sensitive zone" means any area designated by the planning commission for the purpose of ensuring exceptional quiet. (Ord. 1697 S2 (part), 1979) 12.04.600 Real property boundary. "Real property boundary" means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property divisions. (Ord. 1697 S2 (part), 1979) . Section 12.22.060 of Title 12 includes Appendix A ("Designated"). Appendix A provides "Classification of Noise Sources" that lists main sources of "Environmental Noise" and "Nuisance Noise" considered in Title 12. The noise sources listed in the "Classification of Noise Sources" are subject to local regulations. Transportation noise sources such as traffic on public roadways, railroad line operations and aircraft in flight are not included in the "Classification of Noise Sources". Control of noise from these sources is preempted by Federal and State regulations. Title 12 of the National City Municipal Code Amendments Acoustical Analysis Report Attachment "B" 4 2.0 AMENDMENTS TO SUBSECTION 12.06.020 E.3 The existing language of Subsection 12.06.020 E.3 specifies that "Sound levels by receiving land use shall be measured at the boundary or at any point within the boundary of the property affected." The above language addresses specifics of sound propagation from a noise source to a receiving location. Similar language is included in Noise Ordinances of many local jurisdictions. Due to several acoustic phenomena, including so-called "geometric spreading", noise level decreases as the distance from the noise source increases. Depending on the type of the noise source, the rate of the sound level decrease with distance is different. For fixed noise sources (often called "point sources"), sound level decreases by 6 dBA per the doubling of distance from the noise source (drop-off rate of 6 dBA/DD). For so-called "line" noise sources (traffic, for example), sound level decreases by 3 dBA per the doubling of distance from the noise source (drop-off rate of 3 dBA/DD). At certain noise source and receiver heights above the ground and the ground conditions ("hard site" or "soft site"), additional noise reduction with distance may occur. Therefore, in realty, the drop-off rates may be somewhere between 6 dBA/DD to 7.5 dBA/DD for "point sources" and between 3 dBA/DD and 4.5 dBA/DD for "line" sources. Noise at the receiving location may be further reduced of topography or man-made constructions (building structures, noise attenuation walls, etc.) located between the noise source and the receiver. Because of this, at some locations along the sound propagation path, the noise levels could be lower than it can be expected based on the "geometric spreading" rules. The existing provision that "Sound levels by receiving land use shall be measured at the boundary or at any point within the boundary of the property affected" accounts for different aspects of sound propagation with distance. This provision allows verifying that noise from the alleged noise violations source complies with the permissible noise limit at any location within the affected property. The proposed provision that "Sound levels shall be measured at the boundary of the property where the noise source is generated" limits the noise compliance verification to the property boundary only. In some cases, this does not ensure that the permissible limit would not be exceeded at receiving locations inside the affected property. The following two examples illustrate the above finding: • The elevation of both the area where the noise is produced and the area where the receiving land use is located is higher than the elevation of the property boundary. Due to topography noise attenuation, the noise level at the property boundary can be lower than the noise level at the receiving location. Therefore, while the noise level at the property boundary may comply with the permissible exterior noise limit of Title 12, the noise level at the receiving location could exceed this limit. • The elevation of the property where the receiving land use is located is higher than the elevation of the property on which the noise is produced. Existing building structures and walls along the property boundary shield the property boundary from the noise source. The receiving land use at elevated locations has a direct line -of -sight to the Title 12 of the National City Municipal Code Amendments Acoustical Analysis Report Attachment "B" noise source. Because of the barrier noise attenuation effect of the existing building structures, the noise level at the property boundary can be lower than the noise level at the receiving location. As a result, while the noise level at the property boundary may not exceed the permissible exterior noise limit of Title 12, the noise levels at the receiving location could exceed this limit. If the City of National City want to ensure that the exterior noise limit is not exceeded at any location outside the property on which the sound is produced, the existing language of Subsection 12.06.020 E.3 should not be changed. If desired, it can be slightly clarified, for example, as follows: Sound levels by receiving land use shall be measured at the boundary of the property on which the sound is produced (generated) or at any point beyond the boundary of the property on which the sound is produced (within the boundaries of the affected property). If the City of National City want to ensure that the exterior noise limit is not exceeded at the property boundary only, the proposed modifications to the Subsection 12.06.020 E.3 language should be applied. It should be noted that the existing language of Subsection 12.06.020 E.3 addresses the sound level measurement procedure (locations). It may be beneficial if Subsection 12.06.020 D, that deals with the permissible limits, would emphasize that the Exterior Noise Limits listed in Table III are applicable to any point on or beyond the boundaries of the property on which the sound is produced. Title 12 of the National City Municipal Code Amendments Acoustical Analysis Report Attachment "B" 6 3.0 AMENDMENTS TO SUBSECTION 12.06.040 D The existing language of Subsection 12.06.040 D specifies that "If the measured ambient level exceeds that permissible in Table III, the allowable noise exposure standard shall be the ambient noise level. The ambient level shall be measured when the alleged noise violations source is not operating." Similar language is included in Noise Ordinances of many local jurisdictions. The City of National City is considering excluding this Subsection from Title 12 of the National City Municipal Code. Subsection 12.06.040 D provisions address the effects of the existing ambient noise levels (noise levels when the alleged noise violations source is not operating) on the permissible noise limit and on the total noise level at the receiving location. Subsection 12.06.040 D provisions are associated with noise level summation and subtraction process. Logarithmic nature of terms used for assessing noise (decibels) does not allow simple arithmetic addition or subtraction of noise levels. Instead, the rules of the logarithmic summation and subtraction must be applied. Since these rules are somewhat complicated, simplified tables or charts are often used. According to decibel addition rules, when adding a noise level with another approximately equal noise level, the total noise level rises 3 dB. When two noise levels are 10 dB or more apart, the lower value does not contribute significantly (< 0.5 dB) to the total noise level. When combining sound levels that differ by less than 10 dB, Table 3.1 data may be used as an approximation. Table 3.1 yields results within t 1 dB of the mathematically exact value Table 3.1 Decibel Addition When Two Decibel Values Differ By: Add This Amount to the Higher Value Example: 0 or 1 dB 3 dB 50+49 = 53 2or3dB 2dB 54+51=56 4 to 9 dB 1 dB 56+50 = 57 10 dB or more 0 dB 55+45 = 55 The following examples illustrate the effects of ambient noise levels on the permissible noise limit and on the total noise level at receiving location. The examples assume that at the receiving location the noise level produced by the alleged noise violations source is equal to the permissible limit given in Table III of Title 12. Using the rules of the logarithmic summation, the examples assess the effects of the ambient noise level on the permissible limit and on the total noise level at the receiving location. Title 12 of the National City Municipal Code Amendments 7 Acoustical Analysis Report Attachment "B" Example 1 (this example assumes that Subsection 12.06.040 D is deleted from Title 12) An alleged noise violations source ("Source") produces Leq(h)=50 dBA at a multi -unit residential land use between 10 p.m. and 7 a.m. According to Table Ill of Title 12, Leq(h)=50 dBA is the permissible noise limit for the above land use category between 10 p.m. and 7 a.m. Therefore, the noise level produced by the "Source" complies with the applicable noise level limit of Title 12. The total noise level at the receiving location also depends on the existing ambient noise level. The following Table shows changes in the total noise levels at the receiving location attributable to changes in the ambient noise levels. Table 3.2 Changing Ambient Noise Effects (Total Noise Level versus "Noise Source" Level) "Source" Noise Level (same as the permissible limit), dBA Ambient Noise Level, dBA Total Noise Level, dBA Difference between Total and "Source" Noise Level, dBA 50 36 50.2 0.2 50 38 50.3 0.3 50 40 50.4 0.4 50 42 50.6 0.6 50 44 51.0 1.0 50 46 51.5 1.5 50 48 52.1 2.1 50 50 53.0 3.0 50 52 54.1 4.1 50 54 55.5 5.5 50 56 57.0 7.0 50 58 58.6 8.6 50 60 60.4 10.4 50 62 62.3 12.3 50 64 64.2 14.2 50 66 66.1 16.1 Table 3.2 shows that at low ambient noise level conditions, the alleged noise violations source ("Source") controls the total noise level at the receiving location. With the ambient noise level increase, the total noise level at the receiving location increases. When the ambient noise level is the same as the noise level produced by the "Source", the total noise level at the receiving location is 3 dBA higher than the "Source" noise level. Therefore, if the "Source" noise level reaches the exterior noise limit and the ambient noise level is the same as the exterior noise limit, the resultant total noise level exceeds the exterior noise limit by 3 dBA. With further ambient noise level increase, the total noise level become less dependent on the "Source" noise level. For example, when the ambient noise level is 60 dBA and the "Source" noise level is 50 dBA, the total noise level is only 0.4 dBA higher than the ambient noise level. Table 3.3 illustrates the above phenomenon. Title 12 of the National City Municipal Code Amendments Acoustical Analysis Report Attachment "B" 8 Table 3.3 Noise Source Contribution to Total Noise Level (Total versus Ambient Noise Level) "Source" Noise Level (same as the permissible limit), dBA Ambient Noise Level, dBA Total Noise Level, dBA Difference between Total and Ambient Noise Level, dBA 50 50 53.0 3.0 50 52 54.1 2.1 50 54 55.5 1.5 50 56 57.0 1.0 50 58 58.6 0.6 50 60 60.4 0.4 50 62 62.3 0.3 50 64 64.2 0.2 50 66 66.1 0.1 Table 3.3 shows that in environments where ambient noise level is the same as the noise level attributable to the "Source", noise contribution from the "Source" can result in the total noise level being 3 dBA higher than the ambient noise level. As the ambient noise level increases, the "Source" effect on the total noise level rapidly decreases. The noise contribution from the "Source" to the total noise level is about 2 dBA when the ambient noise exceeds the "Source" noise level by 3 dBA. When the ambient noise exceeds the "Source" noise level by 6 dBA, the noise contribution from the "Source" to the total noise level is within 1 dBA. When the ambient noise exceeds the "Source" noise by 10 dBA and more, the noise contribution from the "Source" to the total noise level become negligible and can be ignored. Example 1 information can be summarized as follows: • When the ambient noise level is 10 dBA lower than the exterior noise limit and the alleged noise violations source noise level is the same as the exterior noise limit, the total noise level at the receiving location does not exceed the exterior noise limit. • When the ambient noise level is equal to the exterior noise limit and the alleged noise violations source noise level is the same as the exterior noise limit, the total noise level at the receiving location exceeds the exterior noise limit by 3 dBA. • When the ambient noise level is 10 dBA higher than the exterior noise limit and the alleged noise violations source noise level is the same as the exterior noise limit, the total noise level at the receiving location is the same as the ambient noise level. Acoustical Analysis Report Title 12 of the National City Municipal Code Amendments Attachment "B" 9 Example 2 (this example assumes that Subsection 12.06.040 D is not deleted from Title 12) At the receiving location described in Example 1, the "Source" noise level is allowed to be as high as the ambient noise level when the ambient noise level exceeds the exterior noise limit of Table III (Subsection 12.06.040 D provision that: "If the measured ambient level exceeds that permissible in Table III, the allowable noise exposure standard shall be the ambient noise level"). When the ambient noise level is Leq(h)=50 dBA or less, the permissible limits is Leq(h)=50 dBA and the "Source" produces Leq(h)=50 dBA. When the ambient noise level exceeds Leq(h)=50 dBA, the noise level produced by the "Source" is the same as the ambient noise level. Using the rules of logarithmic summation, the following Table illustrates changes in the noise levels at the receiving location attributable to the above conditions. Table 3.4 Changing Ambient and "Source" Noise Effects (Total versus "Source" Noise Level) "Source" Noise Level Difference between (same as the permissible limit), dBA Ambient Noise Level, dBA Total Noise Level, dBA Total and "Source" Noise Level, dBA 50 36 50.2 0.2 50 38 50.3 0.3 50 40 50.4 0.4 50 42 50.6 0.6 50 44 51.0 1.0 50 . 46 51.5 1.5 50 48 52.1 2.1 50 50 53.0 3.0 52 52 55.0 3.0 54 54 57.0 3.0 56 56 59.0 3.0 58 58 61.0 3.0 60 60 63.0 3.0 62 62 65.0 3.0 64 64 67.0 3.0 66 66 69.0 3.0 Table 3.4 shows that at low ambient noise level conditions, the "Source" controls the total noise level at the receiving location. With the ambient noise level increase, the total noise level at the receiving location increases. When the ambient noise level is the same as the "Source" noise level, the total noise level at the receiving location is 3 dBA higher than the "Source" noise level. Therefore, if the "Source" noise level reaches the exterior noise limit and the ambient noise level is the same as the exterior noise limit, the resultant total noise level exceeds the limit by 3 dBA. With further ambient noise level increase and corresponding permissible noise level increase per Subsection 12.06.040 D provisions, the total noise level is always 3 dBA higher than the ambient noise level (the "Source" noise level is the same as the permissible noise level and the ambient noise level). Title 12 of the National City Municipal Code Amendments Acoustical Analysis Report 10 Attachment "B" Example 2 information can be summarized as follows: • When the ambient noise level is 10 dBA lower than the exterior noise limit and the alleged noise violations source noise level is the same as the exterior noise limit, the total noise level at the receiving location does not exceed the exterior noise limit. • When the ambient noise level is equal to the exterior noise limit and the alleged noise violations source noise level is the same as the exterior noise limit, the total noise level at the receiving location exceeds the exterior noise limit by 3 dBA. • When the ambient noise level is 10 dBA higher than the exterior noise limit and the alleged noise violations source noise level is the same as the ambient noise level (permissible limit), the total noise level at the receiving location is 3 dBA higher than the ambient noise level. It should be noted that under controlled laboratory conditions, the trained healthy human ear can discern changes in sound level of 1 dB. In normal noise environment, outside the controlled conditions, the trained healthy human ear can detect changes of 2 dB. However, the average human ear can barely perceive noise level change of 3 dB. The noise level change of 5 dB is readily perceptible and the noise level change of 10 dB is perceived as doubling of noise ("sound twice as loud"). Based on the information given above, the following findings can be made: If the City of National City believes that a 3 dBA noise level increase, that occurs when the ambient noise level is the same as the "Source" noise level, is insignificant at any ambient noise level conditions, Subsection 12.06.040 D should not be excluded from the Noise Ordinance. The Subsection 12.06.040 D language can be slightly modified as follows: If the measured ambient noise level exceeds that permissible in Table III, the allowable noise standard shall be the ambient noise level. The ambient noise level shall be measured when the alleged noise violations source is not operating. If the City of National City believes that a 3 dBA noise level increase, that occurs when the ambient noise level is the same as the "Source" noise level, is significant at any ambient noise level conditions, Subsection 12.06.040 D should be excluded from Title 12. It should be noted that this would not prevent the total noise level being 3 dBA higher than the exterior noise limit when the ambient noise level and the "Source" noise level are the same as the exterior noise limit. However, when the ambient noise level is higher than the exterior noise limit, the total noise level increase attributable to the noise from the "Source" would be less than 3 dBA. In making the decision about deleting Subsection 12.06.040 D from Title 12, the issue of enforceability of Title 12 provisions may need to be considered. When ambient noise exceeds the permissible limit, it could be technically difficult to measure the noise level produced by the alleged noise violations source. While rules of logarithmic summation can be applied in this case, these rules are complicated and can be difficult to use by the enforcement personnel. Title 12 of the National City Municipal Code Amendments Acoustical Analysis Report Attachment `B" 11 4.0 CONCLUSIONS Based on the information provided in this Acoustical Analysis Report, the following conclusions can be made: If the City of National City want to ensure that the exterior noise limit is not exceeded at any location outside the property on which the sound is produced, the existing language of Subsection 12.06.020 E.3 should not be changed. Subsection 12.06.020 E.3 language can be clarified, for example, as follows: Sound levels by receiving land use shall be measured at the boundary of the property on which the sound is produced (generated) or at any point beyond the boundary of the property on which the sound is produced (within the boundaries of the affected property). • If the City of National City want to ensure that the exterior noise limit is not exceeded at the property boundary only, the modifications to the Subsection 12.06.020 E.3 language considered by National City should be applied. • If the City of National City considers that a 3 dBA noise level increase, that occurs when the ambient noise level is the same as the noise level attributable to the alleged noise violations source, is insignificant at any ambient noise level conditions, Subsection 12.06.040 D should not be excluded from Title 12. Subsection 12.06.040 D language can be clarified as follows: If the measured ambient noise level exceeds that permissible in Table III, the allowable noise standard shall be the ambient noise level. The ambient noise level shall be measured when the alleged noise violations source is not operating. • If the City of National City considers that a 3 dBA noise level increase, that occurs when the ambient noise level is the same as the noise level attributable to the alleged noise violations source, is significant at any ambient noise level conditions, Subsection 12.06.040 D should be excluded from Title 12. It should be noted that the above act would not prevent the total noise level being 3 dBA higher than the exterior noise limit when the ambient noise level and the noise level produced by the alleged noise violations source are the same as the exterior noise limit. However, when the ambient noise level is higher than the exterior noise limit, the total noise level increase attributable to the noise from the alleged noise violations source would be less than 3 dBA. Title 12 of the National City Municipal Code Amendments Acoustical Analysis Report Attachment "B" 12 In addition to the above findings, the following suggestions are made regarding other noise - related issues: • It may be beneficial if Subsection 12.06.020 D of Title 12 would emphasize that the Exterior Noise Limits listed in Table Ill are applicable to any point on or beyond the boundaries of the property on which the sound is produced. • It may be beneficial if Title 12 would include information on permissible limits for transportation noise sources. Typically, such information is provided in the General Plan. However, the National City General Plan does not include this information. Title 12 of the National City Municipal Code Amendments Acoustical Analysis Report Attachment "B" 13 5.0 REFERENCES 1. National City Municipal Code, Title 12, Noise Control, October 15, 1979. 2. National City General Plan, September 10, 1996. Title 12 of the National City Municipal Code Amendments Acoustical Analysis Report Attachment "B" 14 'IT Alexander Segal 10715 Sunset Ridge Drive, San Diego, CA 92131-2381 Tel: (619) 695-6809 DI JUL 12 PM I: 32 July 11, 2001 Rudolf Hradecky, ESQ. Senior Assistant City Attorney City of National City City Attorney's Office 1243 National City Boulevard National City, CA 91950 RE: Revision of National City Noise Control Ordinance Dear Mr. Hradecky: I have reviewed the proposed revisions of City of National City Municipal Code Title 12 governing "noise control" (National City Noise Control Ordinance). It is my opinion that the revised document provides more complete information on acoustical terms, on sound level limits, and on methods of noise assessment than the existing Municipal Code Title 12. I believe that the information given in the revised sections of Title 12 (governing "noise control") would assist code enforcement officials in dealing with noise -related problems that may jeopardize the health and welfare and degrade the quality of life of National City citizens. Thank you for the opportunity to provide my consulting services to the City of National City. Please contact me if you have any questions. Sincerely, ALEXANDER SEGAL, Ph.D., INCE Attachment "C" NOISE CONTROL AND AMPLWIED SOUND RESTRICTIONS This is a summary of United States and California case law dealing with noise control and freedom of speech. Noise control ordinances are constitutionally valid that are narrowly drafted, content neutral, time, place, manner regulations. The judicial context generally arises in the use of sound amplifying equipment to broadcast information. The Courts recognize that the use of amplified sound to communicate ideas and information is constitutionally permissible and a protected right that may, however, be regulated in a time, place, manner fashion, to include time and noise level limitations. See Wollam v. City of Palm Springs, 59 Cal. 2d 276 (1963). The Court noted that while it was not permissible to require sound truck operations to be conducted only when traffic allowed speeds in excess of 10 mph, it was permissible to require sound levels to be reduced when stationary operation is involved. Outright prohibition against amplification of the human voice above the normal speaking level from a speaker upon a public highway is also impermissible. See Maldonado v. County of Monterey, 330 F.Supp. 1282 (1971). The seminal case of Kovacs v. Cooper, 336 U.S. 71, rehearing denied, 336 U.S. 921 (1949) however held that an ordinance banning "loud and raucous noises "generated through sound amplifying devices was valid. The case noted that while it was impermissible to require prior discretionary approval from official authorities in order to broadcast sound, Saia v. New York, 334 U.S. 558 (1948), it was permissible to regulate the use of sound trucks using narrowly drafted objective standards and regulations pertaining to the hours and volume of sound amplified operation. California cases have maintained this theme, allowing uniformly imposed sound level restrictions on amplified sound to be valid, so long as there was not a discretionary element as to who could, or could not, use the devices to speak. In Haggerty v. Associated Farmers of California, 44 Cal. 2d 60 (1955), rehearing denied, March 3, 1955, the California Supreme Court held that a government has a legitimate interest in the preservation of safety and tranquility of its citizens, and upheld the Kovacs v. Cooper rationale of "loud and raucous noises". The Court held an ordinance was constitutionally valid that regulated sound volume, the hours of sound operation and the location from which sound operations are conducted. In Grayned v. City of Rockford, 408 U.S. 104 (1972), the U.S. Supreme Court held that a city ordinance which prohibited a person from willfully making a noise or diversion that disturbed or tended to disturb the peace or good order of a public school session was also constitutionally permissible. It referred to the rights of a government to require volume control and limits on amplified speech. The principle to be gleaned from these cases and others is that amplified sound can be regulated in a "content neutral, time, place manner" fashion based upon objective standards and non - discretionary regulations. Attachment "D" ORDINANCE NO. 2001 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 12 PERTAINING TO NOISE CONTROL 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 12 is amended by changing the heading and the table of contents to read as follows: TITLE 12 NOISE CONTROL Chapters: 12.02 General Provisions 12.04 Definitions 12.06 Exterior Noise Limits 12.08 Interior Noise Limits 12.10 Prohibited Acts 12.12 Special Provisions and Exemptions 12.14 Sound Trucks 12.16 Exceptions 12.18 Enforcement 12.20 Noise Corridor(s) Map 12.22 Appendices Section 2. That Title 12 is amended in its entirety to read as follows: CHAPTER 12.02 GENERAL PROVISIONS Sections: 12.02.010 Title 12.02.040 Declaration of findings and policy 12.02.060 Criteria Section 12.02.020 Title. The ordinance codified in this title shall be known and may be cited as "The Noise Control Ordinance" of the City of National City. 1 Section 12.02.040 Declaration of findings and policy. Whereas, excessive noise and vibration are a serious hazard to the public health and welfare and the quality of life; and Whereas, the people have a right to and should be ensured an environment free from noise and vibration that may jeopardize their health or welfare or degrade the quality of life. Now, therefore, it is the policy of the City to prevent noise and vibration that may jeopardize the health or welfare of its citizens or degrade the quality of life. Section 12.02.060 Criteria. As criteria for this chapter, Table I is a chart showing sound levels and their expected impact in terms of human response. Table II is a list of National Goals for Noise Reduction as set forth by the U.S. Environmental Protection Agency in their publication "Toward a National Strategy for Noise Control" April 1977. TABLE I SOUND LEVELS AND HUMAN RESPONSE Common Sounds Noise Level (dB) Effect Carrier deck Jet operation Air raid siren 140 Painfully loud Jet takeoff (200 feet) Thunderclap Discotheque Auto horn (3 feet) 130 120 Maximum vocal effort Pile drivers Chain saw (2 feet) 110 Garbage truck 767.10 Power lawn mower (4 feet) 100 Heavy truck (50 feet) City traffic 90 Very annoying Hearing damage (8 hrs) Alarm clock (2 feet) Hair dryer Vacuum cleaner 80 Annoying Noisy restaurant Freeway traffic Man's voice 70 Telephone use difficult Air conditioning unit (20 feet) 60 Intrusive Light auto traffic (100 feet) 50 Quiet Living room Bedroom Quiet office 40 Library Soft whisper (15 feet) 30 Very quiet Broadcasting studio 20 10 Just audible 0 Hearing begins This decibel (dB) table compares some common sounds and shows how they rank in potential harm to hearing. Note that 70 dB is the point at which noise may begin to harm hearing, that 60 dB is the threshold of stress response and 45 dB disturbs sleep. To the ear, each 10 dB increase seems twice as loud. TABLE II A. To take all practical steps to eliminate hearing loss resulting from noise exposure; B. To reduce environmental noise exposure to an Ldn value of no more than 75 dB immediately; C. To reduce noise exposure levels to bin 65 dB by vigorous regulatory and planning actions; D. To strive for an eventual reduction of noise levels to an Lin of 55 dB. 3 CHAPTER 12.04 DEFINITIONS Sections: 12.04.020 Terminology 12.04.040 A -weighted sound level 12.04.060 Ambient noise level 12.04.080 Code Enforcement Officer 12.04.100 Construction 12.04.120 Continuous sound 12.04.140 Cumulative period 12.04.160 Day/night average sound level (Ldn) 12.04.180 Decibel 12.04.200 Demolition 12.04.220 Equivalent sound level (Leg) 12.04.240 Emergency work 12.04.260 Environmental noise 12.04.280 Fixed noise source 12.04.300 Impulsive sound 12.04.320 Intermittent sound 12.04.340 Intrusive noise 12.04.360 Licensed 12.04.370 Loudspeaker 12.04.380 Message 12.04.400 Mobile noise source 12.04.420 Motor vehicle 12.04.440 Motorboat 12.04.460 Muffler or sound dissipative device 12.04.480 Noise disturbance 12.04.500 Noise sensitive zone 12.04.520 Powered model vehicle 12.04.540 Public right-of-way 12.04.560 Public space 12.04.580 Pure tone 12.04.600 Real property boundary or real property line 12.04.620 Sound amplifying equipment 12.04.640 Sound level meter 12.04.660 Sound truck 12.04.680 Vibration perception threshold 12.04.700 Weekday Section 12.04.020 Terminology. All terminology used in this title, not defined in this chapter shall be in conformance with the American National Standards Institute standards ANSI S1.1-1971, or most current revision. 4 Section 12.04.040 A -weighted sound level. "A -weighted sound level" means the sound level in decibels as measured on a sound level meter using the A -weighting network. The level so read is often designated dB(A) or dBA. Section 12.04.060 Ambient noise level. "Ambient noise level" means the composite of noise from all sources near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location and time. Section 12.04.080 Code enforcement officer. "Code enforcement office(r)" means any city employee and/or police officer having lead responsibility for enforcing this chapter; and, the city employee having responsibility for making noise surveys, noise analyses, noise investigations and the administration of this chapter, other than enforcement. Section 12.04.100 Construction. "Construction" means any site preparation, assembly, substantial repair, alteration or similar action, for or of public or private rights -of - way, structures, utilities or similar property or similar activity upon public or private structures or land. Section 12.04.120 Continuous sound. "Continuous sound" means sound that is of a steady and uninterrupted nature of a specified time period. For the purposes of this title, the minimum time period shall be one hour, unless otherwise provided. Section 12.04.140 Cumulative period. "Cumulative period" means an additive period of time composed of individual time segments that may be continuous or interrupted. Section 12.04.160 Day/night average sound level (Ldn). "Day/night average sound level (Ldn)" means a twenty-four hour average of the A -weighted sound level, with the level during the period ten p.m. to seven a.m. increased by ten dB before averaging. It is denoted "Ldn". It is typically used for assessing noise impacts from transportation noise sources. Section 12.04.180 Decibel. "Decibel" (also "dB") means a unit for measuring the amplitude of sound, equal to twenty times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is twenty micropascals. Section 12.04.200 Demolition. "Demolition" means any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces, or similar property. Section 12.04.220 Equivalent sound level (Leq). "Equivalent sound level (Leq)" means the average sound level of an event measured over a stated time period, typically one hour, in which case it may also be represented as "Leq(h)". Section 12.04.240 Emergency work. "Emergency work" means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. 5 Section 12.04.260 Environmental noise. See "Noise disturbance —environmental" as defined in Section 12.04.480A. Section 12.04.280 Fixed noise source. "Fixed noise source" means a stationary device that creates sounds while fixed or motionless, including but not limited to residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air conditioners, and refrigeration equipment. Section 12.04.300 Impulsive sound. "Impulsive sound" means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms. Section 12.04.320 Intermittent sound. "Intermittent sound" means sound which is not continuous or which is of a cyclic or repetitive nature. Section 12.04.340 Intrusive noise. "Intrusive noise" means that noise which intrudes over and above the existing ambient noise at a given location. The relative intrusiveness of a sound depends upon its amplitude, duration, frequency and time of occurrence, and tonal or informational content as well as the prevailing ambient noise level. Section 12.04.360 Licensed. "Licensed" means the possession of a formal license or a permit issued by the appropriate jurisdictional authority; or, where no permits or licenses are issued, the sanctioning of the activity by the jurisdiction as noted in public record. Section 12.04.370 Loudspeaker. "Loudspeaker" —see "Sound Amplifying Equipment". Section 12.04.380 Message. "Message" means any voice, music, sound or other audible stimulation. Section 12.04.400 Mobile noise source. "Mobile noise source" means any noise source other than a fixed noise source. Section 12.04.420 Motor vehicle. "Motor vehicle" means any and all self-propelled vehicles as defined in the California Motor Vehicle Code, including all on -highway type motor vehicles subject to registration under the code, and all off -highway type motor vehicles subject to identification under the code. Section 12.04.440 Motorboat. "Motorboat" means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion, but shall not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States .government or any federal agency successor thereto (Section 651(d), Harbors and Navigation Code). Section 12.04.460 Muffler or sound dissipative device. "Muffler or sound dissipative device" means a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from an internal combustion engine to reduce exhaust noise. Section 12.04.480 Noise disturbance. Any noise exceeding the noise level limits for a designated receiving land use category specified in Table III, or the noise emanating from any of the prohibited actions specified in Chapters 12.08, 12.10 or 12.14 is a noise disturbance. Noise disturbances are classified as either environmental or nuisance, or, in some cases, both. A. Noise Disturbance —Environmental. Those noises resulting from land use activity normally permitted under the Land Use Code, but which exceed the noise level limits set by this code for that particular land use. Environmental noise sources are specified in, but not limited by, the list in Appendix A of Chapter 12.22. B. Noise Disturbance —Nuisance. Those intrusive noises, other than environmental noises, which, because of their unusual presence, are or may be considered harmful to health and well-being, due to their raucous, annoying, or obnoxious and unpleasant nature and characteristics. A nuisance noise is a noise that constitutes a "public nuisance", as defined in Civil Code section 3479. Types of nuisance noise disturbances are further specified in, but not limited to, the examples in Chapter 12.10 and Appendix A of Chapter 12.22. Section 12.04.500 Noise sensitive zone. "Noise sensitive zone" means any area designated by the planning commission for the purpose of ensuring noise control. Section 12.04.520 Powered model vehicle. "Powered model vehicle" means any self-propelled, airborne, waterborne or landbome plane, vessel, or vehicle, which is not designed to carry persons, including but not limited to any model airplane, boat, car, or rocket. Section 12.04.540 Public right-of-way. "Public right-of-way" means any street, avenue, boulevard, highway, bikeway, sidewalk or alley or similar place that is owned or controlled by a government entity. Section 12.04.560 Public space. "Public space" means any real property or structures thereon which are owned or controlled by a governmental entity, other than the public rights of way. Section 12.04.580 Pure tone. "Pure tone" means any sound that is audible as a single pitch or a set of single pitches. Section 12.04.600 Real property boundary or real property line. "Real property boundary" or "real property line" means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property divisions. 7 Section 12.04.620 Sound amplifying equipment. "Sound -amplifying equipment," means any machine or device using electronic, mechanical or combination means for the amplification of the human voice, music or any other sound. This includes handheld or portable loudspeakers and remotely located loudspeakers attached to and/or operated from a vehicle. Sound amplifying equipment, as used in this title, shall not include standard automotive audio systems installed as factory or dealer original equipment, warning devices on authorized emergency vehicles, or horns or other warning devices on other vehicles used only for traffic and public safety purposes. Section 12.04.640 Sound level meter. "Sound level meter" means an instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels, which meets or exceeds the requirements pertinent for Type 2 or S2A sound level meters, per American National Standards Institute specifications for sound level meters, S1.4-1983, or more current revision. Section 12.04.660 Sound truck. "Sound truck" means any motor vehicle, or any other vehicle regardless of motive power, whether in motion or stationary, having mounted thereon or attached thereto, any sound -amplifying equipment. Section 12.04.680 Vibration perception threshold. "Vibration perception threshold" means the minimum ground -borne or structure -borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or the visual observation of moving objects. The perception threshold shall be presumed to be a motion velocity of 0.01 in/sec over the range of 1 to 100 Hz. Section 12.04.700 Weekday. "Weekday" means any day, Monday through Friday, which is not a legal holiday. Sections: 12.06.020 12.06.040 CHAPTER 12.06 EXTERIOR NOISE LIMITS Maximum permissible sound levels by receiving land use Corrections to exterior noise level limits Section 12.06.020 Maximum permissible sound levels by receiving land use. A. The noise standards presented in Table III of this chapter for various categories of land uses defined in Chapter 18.10 of the city land use code, shall, unless otherwise specifically indicated, apply to each property or portion of property substantially used for a particular type of land use reasonably similar to the land use types shown in Table III. Where two or more dissimilar land uses occur on a single property, the more restrictive noise limits shall apply. B. Additional land use classifications may be added by resolution of the planning commission to reflect both lower and higher existing ambient levels than those shown. 8 C. Where doubt exists when making identification of receiving land use, the planning commission may make an interpretation in the manner provided by Section 18.134.020 of the land use code. D. No person shall operate or cause to be operated any source of sound at any location within the city or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level to exceed the environmental noise level or nuisance noise level, or both, of the applicable limits given in Table III of this chapter at any point on or beyond the boundaries of the property on which the sound is produced. E. 1. Environmental noise shall be assessed by the A -weighted equivalent sound level (Leq) for any hour (Leq(h)). 2. Nuisance noise shall be assessed as an A -weighted sound level not to be exceeded at any time. Nuisance noise is not subject to hourly averaging as Leq(h). The sound level of an event may be assessed by sound level meters or recording devices, or by other objective methods. However, failure or inability to conduct measurements of the sound level shall not bar enforcement or abatement. 3. Sound levels by receiving land use shall be measured at the boundary of the property on which the sound is produced (generated) or at any point within the boundary of the property affected. 4. Fixed location public utility distribution or fixed transmission facilities, located on or adjacent to a property line shall be subject to noise level limits of this section measured at or beyond six feet from the boundary of the easement upon which the equipment is located. Section 12.06.040 Corrections to exterior noise level limits. A. If the noise is continuous as defined in Section 12.04.120, the Leq for any hour can be represented by any lesser time period within that hour. Noise measurements of a few minutes only will thus suffice to define the noise level. B. If the noise is intermittent as defined in Section 12.04.320, the Leq for any hour may be represented by a time period typical of the operating cycle. Measurement should be made of a representative number of noisy/quiet periods. A measurement period of not less than fifteen minutes is, however, strongly recommended when dealing with intermittent noise. C. In the event the alleged offensive noise contains a steady, audible sound such as • a whine, screech or hum, or contains a repetitive impulsive noise such as hammering or riveting, or contains music or speech, the standard limits set forth in Table III shall be reduced by 5 dB. D. If the measured ambient level exceeds that permissible in Table III, the allowable noise level standard shall be the ambient noise level. The ambient level shall be measured when the alleged noise violation source is not operating. 9 TABLE III EXTERIOR ENVIRONMENTAL NOISE LIMITS1,2,3 1. Environmental Noise —shall be measured as Leq in any hour (Leigh)). 2. Nuisance Noise —shall be measured as a decibel level not to be exceeded at any time. 3. Except when other hours are specified in Chapter 12.10. RECEIVING LAND USE CATEGORY Allowable Noise Level (dB(A)) 10 p.m. to 7 a.m. 7 a.m. to 10 p.m. All residential (less than 9 dwelling units) 45 55 Multi -unit residential (Consisting of 9 dwelling units or more) and Public Space 50 60 Commercial 60 65 Light Industry Industry east of I-5 70 70 Heavy Industry Industry west of I-5 80 80 Sections: 12.08.020 12.08.040 CHAPTER 12.08 INTERIOR NOISE LIMITS Maximum permissible dwelling interior sound levels Correction for character of sound Section 12.08.020 Maximum permissible dwelling interior sound levels. A. No person shall operate or cause to operate, any source of sound within a residential dwelling unit within "a multifamily residential structure consisting of 2 or more dwelling units, or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which thereby causes the noise level at the adjacent interior boundary wall of an affected property to exceed the applicable noise level limits given in Table IV. 10 TABLE IV Type of Land Use Time Interval Maximum Allowable Interior Noise Level (dBA) No Time 1 min in 1 hour 5 or more min in 1 hour Multifamily Residential (Consisting of 2 or more units) 10 pm-7 am > 45 < = 40 < = 35 Multifamily Residential (Consisting of 2 or more units) 7 am-10 pm > 55 < = 50 < = 45 ( > greater than) (< = less than or equal to) B. If the ambient noise level inside the receiving dwelling unit exceeds that permissible within any of the noise limit categories in Table IV, the allowable noise exposure standard in that category shall be the measured ambient for a cumulative period of five minutes in any hour, ambient plus 5 dB(A) for one minute in any hour and shall not exceed the ambient plus 10 dB(A) at any time. Section 12.08.040 Correction for character of sound. In the event an alleged offensive noise event contains a steady, audible tone such as a whine, screech, or hum, or is an impulsive and repetitive noise such as hammering or riveting, or contains music or speech, the standard limits set forth in Table IV shall be reduced by 5 dB. Sections: 12.10.020 12.10.040 12.10.060 12.10.080 CHAPTER 12.10 PROHIBITED ACTS Noise disturbances prohibited —general prohibition Prima facie evidence of violation Radios, television sets, musical instruments and similar devices Loudspeakers (Amplified sound) (Sound -amplifying equipment) 11 12.10.090 Projection of telephone sound 12.10.100 Reserved 12.10.120 Animals and birds 12.10.140 Loading and unloading 12.10.160 Construction/demolition 12.10.180 Vibration 12.10.200 Powered model vehicles 12.10.220 Stationary non -emergency signaling devices 12.10.240 Emergency signaling devices 12.10.260 Motorized off -road vehicles operating off public right-of-way 12.10.280 Noise sensitive zones 12.10.300 Domestic power tools and machinery 12.10.320 Residential air conditioning or air handling equipment Section 12.10.020 Noise disturbances prohibited —general prohibition. A. It is unlawful to make, continue, or cause to be made or continued any noise disturbance. B. Violations of this title may be charged under this section, or as a violation of a more specific section delineated elsewhere in this chapter or title. Section 12.10.040 Prima fade evidence of violation. A. Except where a higher noise limit is specified in this Chapter 12.10 or Table III of Chapter 12.06, any noise that is audible at a distance of fifty (50) feet or more from the source of the sound, shall be prima facie evidence of a noise disturbance. B. The acts set forth in this chapter and the causing or permitting thereof are declared to be specific examples constituting noise disturbances in violation of this title. C. The decibel levels specified in Table III of Chapter 12.06 when assessed for nuisance noise shall be measured pursuant to section 12.06.020 (E) (2) as a noise level not to be exceeded at any time, and shall not be subject to hourly averaging as Leq(h). Section 12.10.060 Radios, television sets, musical instruments and similar devices. It is unlawful to operate, play or permit the operation or playing of any radio, television set, phonograph, drum, musical instrument, or similar device which produces or reproduces sound: A. Between the hours of ten p.m. and seven a.m. at a level that exceeds the interior noise limits of Table IV of Chapter 12.08 across the interior wall or boundary separating attached multifamily dwelling units from each other, or the exterior noise limits of Table III of Chapter 12.06 across a residential or commercial real property line; or, at any time to violate the provisions of Section 12.06.020, except for activities for which an exception has been issued pursuant to Chapter 12.16; or B. In such a manner as to exceed the levels set forth for public space in Table III of Chapter 12.06, measured at a distance of at least twenty-five feet from such device operating on a public right-of-way or within or upon a public space. 12 Section 12.10.080 Loudspeakers (Amplified sound) (Sound -amplifying equipment). A. Except as otherwise provided in Chapter 12.14 for sound trucks, it is unlawful to use or operate outdoors for any purpose any sound amplifying equipment, including a loudspeaker, loudspeaker system, or similar device, between the hours of 9 p.m. and 8 a.m. outdoors in a residential or commercial zone; and at any other time so as to violate the noise level provisions of Section 12.06.020. B. This prohibition shall not apply to any activity for which an exception has been issued pursuant to Chapter 12.16 for environmental noise. C. It is unlawful to operate any sound amplifying equipment that is not provided with an operable volume limiting control device or switch. Section 12.10.090 Projection of telephone sound. The use of sound -amplifying equipment to project telephone sound in or to any outdoor area is expressly prohibited. Any such system in existence upon the effective date of the ordinance codified in this section shall immediately be removed. Section 12.10.100 RESERVED Section 12.10.120 Animals and birds. It is unlawful to allow any animal or bird to howl, bark, meow, squawk, or make a sound characteristic of that species which creates a noise disturbance across a residential or commercial real property line or within a noise sensitive zone between the hours of 10 PM and 7 AM daily for more than three (3) minutes, or at other times for more than ten (10) consecutive minutes or for more than a total of fifteen (15) minutes within any sixty (60) minute period. This provision shall not apply to public zoos. Section 12.10.140 Loading and unloading. It is unlawful to load, unload, open, close or otherwise handle boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of ten p.m. and seven a.m. daily in such a manner as to create a noise disturbance across a residential real property line, or that at any time violates the provisions of Section 12.06.020. Section 12.10.160 Construction/demolition. A. Except as provided in Section 12.10.160 B, it is unlawful to operate or to allow or cause the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work between weekday hours of seven p.m. and seven a.m., or at any time on weekends or holidays, such that the sound therefrom creates a noise across a residential or commercial real property line that violates the provisions of section 12.06.020. B. Subsection A shall not apply to: emergency work performed by public service utilities; work on private property that is necessary for fire and life safety; work permitted pursuant to Chapter 12.16; or, to the use of domestic power tools as allowed in Section 12.10.300. C. Noise from construction or demolition activities shall not exceed the maximum noise levels at or within the boundaries of affected properties listed in the followingschedule at all other times: 13 Mobile Equipment Maximum noise levels for nonscheduled, intermittent, short-term operation (less than 10 days) of mobile equipment: Daily, except Sundays and Legal Holidays, between 7 a.m. to 7 p.m. Type I Type II Areas Areas Semi -Residential/ Residential Commercial 75 dBA 85 dBA Stationary Equipment Maximum noise levels for repetitively scheduled and relatively long --term operation (periods of 10 days or more) of stationary equipment: Daily, except Sundays and Legal Holidays, 7 a.m. to 7 p.m. Type I Areas Residential 60 dBA Type II Areas Semi -Residential/ Commercial 70 dBA Section 12.10.180 Vibration. It is unlawful to operate or permit the operation of any device that creates a vibration which exceeds the vibration perception threshold at or beyond the property boundary of the source if the source originates on private property, or at a distance of one hundred fifty feet or more from the source if originating from a location on a public space or public right-of-way. Vibration that occurs as an incidental result of sound generation shall not be governed by this section only, but also by the prohibitions or restrictions applicable to the source of the sound. Section 12.10.200 Powered model vehicles. It is unlawful to operate or permit the operation of powered model vehicles: A. Between the hours of ten p.m. and seven a.m. daily so as to create a noise disturbance across a residential or commercial real property line, or at any time to violate the provisions of Section 12.06.020; or B. In such a manner as to exceed the levels set forth for public space use in Table III of Chapter 12.06 measured at a distance not less than one hundred feet from any point along the path of the particular model vehicle being operated on the public space or public right-of-way. 14 Section 12.10.220 Stationary non -emergency signaling devices. A. Except as provided in section 12.10.220B, it is unlawful to sound or permit the sounding of any electrically operated or electronically amplified signal from any stationary bell, chime, siren, whistle, or similar device, designed primarily for non -emergency purposes, from any place, for more than ten seconds continually in an hourly period, or intermittently over one thirty- second cumulative period in any hour. B. Sound sources covered by this provision may be exempted or modified by special authorization pursuant to Chapter 12.16. Section 12.10.240 Emergency signaling devices. A. Except as provided in section 12.10.240B, it is unlawful to intentionally sound or permit the sounding outdoors of any fire, burglar, or civil defense alarm, siren, whistle, or similar stationary emergency signaling device, except for emergency purposes. B. 1. Testing of a stationary emergency signaling device is only permitted after seven a.m. and before seven p.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed sixty seconds. 2. Testing of the complete emergency signaling system, including the functioning of the signaling device, and the personnel response to the signaling device, shall not occur more than once in each calendar month. Such testing shall not occur before seven a.m. or after ten p.m. The time limit specified in subsection B(l) shall not apply to such complete system testing. C. Sounding or permitting the sounding of any exterior security or fire alarm or any motor vehicle security alarm for more than fifteen minutes is prohibited. Section 12.10.260 Motorized off -road vehicles operating off public right-of-way. It is unlawful to operate or cause to be operated any motorized off -road vehicle off a public right-of-way or on private property in such a manner that the sound levels emitted therefrom violate the provisions of Section 12.06.020. This section shall apply to all motorized vehicles, whether or not duly licensed and registered or identified, including, but not limited to, commercial or noncommercial racing vehicles, motorcycles, go-carts, three-wheelers, amphibious craft, campers, snowmobiles and dune buggies, but not including motorboats. Section 12.10.280 Noise sensitive zones. It is unlawful to: A. Create or cause the creation within any noise sensitive zone of any sound that exceeds the specified land use noise standards set forth in Section 12.06.020, provided that conspicuous signs are posted on each corner of the public right of way at the perimeter of the zone indicating the presence of the zone; or B. Create or cause the creation of any sound within or adjacent to any noise sensitive zone containing a hospital, nursing home, school, court or other designated occupancy, so as to be audible at the exterior wall of a designated structure within that zone, provided that conspicuous signs are posted on each corner of the public right of way at the perimeter of the zone indicating the presence of the zone. 15 Section 12.10.300 Domestic power tools and machinery. It is unlawful to: A. Operate or permit the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar tool between ten p.m. and seven a.m. so as to create a noise disturbance across a residential or commercial real property line. B. To fail to enclose or muffle and to maintain any motor, machinery, pump, or other noise producing equipment, such as swimming pool equipment, etc., so as to create or allow the creation of a noise disturbance across a residential or commercial property line exceeding the limits in Section 12.06.020. Section 12.10.320 Residential air conditioning or air handling equipment. It is unlawful to operate or permit the operation of any air conditioning or air -handling equipment in such a manner as to exceed any of the sound levels specified in Section 12.06.020. CHAPTER 12.12 SPECIAL PROVISIONS AND EXEMPTIONS Sections: 12.12.020 12.12.040 12.12.060 12.12.080 Warning devices Outdoor activity exemptions Exemptions from exterior noise standards Federal or state preempted activities Section 12.12.020 Warning devices. Warning devices on public transportation and public vehicles that are necessary for the protection of public safety, as for example, police, fire and ambulance sirens, and train horns, are exempted from the provisions of this title. Section 12.12.040 Outdoor activity exemptions. The provisions of this title shall not apply to occasional outdoor gatherings, public dances, shows, and sporting and entertainment events conducted pursuant to a permit or license issued under Chapter 15.60; to regularly scheduled school activities conducted by a community college or school district; or, to activities for which noise control parameters and regulations have been adopted pursuant to Chapter 18.116 of the Land Use Code. Section 12.12.060 Exemptions from exterior noise standards. The provisions of Section 12.06.020 shall not apply to activities covered by the following sections: A. Section 12.10.220, stationary non -emergency signaling devices; B. Section 12.10.240, emergency -signaling devices; C. Chapter 12.14, sound trucks; 16 D. Section 12.16.020G, wherein noise limit exceptions or allowances are specifically provided for in the issuance of any temporary use permit pursuant to Chapters 15.60 or 18.116, or in other city council approvals of parades, civic functions or gatherings for which noise control is specifically provided for or regulated. E. Automotive noise generated by vehicles properly equipped and operating on public rights of way in accordance with California Vehicle Code. Section 12.12.080 Federal or state preempted activities. Any other activity to the extent noise regulation thereof has been preempted by state or federal law is exempted from the provisions of this Title 12. Sections: 12.14.020 12.14.040 12.14.060 12.14.080 12.14.100 12.14.120 12.14.140 12.14.160 12.14.180 12.14.200 12.14.220 CHAPTER 12.14 SOUND TRUCKS Sound trucks —Sound -amplifying equipment Reserved Reserved Applications for license Reserved Inspections and equipment conditions required for issuance of sound truck operating license Issuance of sound truck operating license Possession and display of sound truck operating license Surrender and suspension of sound truck operating license Administrative hearing Regulations for use Section 12.14.020 Sound trucks —Sound -amplifying equipment. It is unlawful for any person to operate a sound truck or any vehicle equipped with sound -amplifying equipment without a valid sound truck operating license as provided for in this chapter or in any manner contrary to the provisions of this chapter. Section 12.14.040 RESERVED. Section 12.14.060 RESERVED. Section 12.14.080 " Applications for license. Persons applying for sound truck operating licenses shall make written application to the police department. The form and content of applications for sound truck licenses shall be prescribed by the city manager. Section 12.14.100 RESERVED. 17 Section 12.14.120 Inspections and equipment conditions required for issuance of sound truck operating license. A. All sound -amplifying equipment regulated under this chapter shall be inspected and certified by the police department for compliance with this section before a license can be issued, and may be inspected at any other time by the chief of police or designate whenever there is a reasonable basis for concluding that a violation of this title or chapter has occurred. Such inspection shall be made at time and place designated by the police department. B. The vehicle upon which the sound amplifying equipment is installed must meet all safety and equipment requirements of the Vehicle Code, and a current certificate of insurance evidencing the public liability requirements for that vehicle shall be presented. C. Exterior sound -amplifying equipment shall be securely mounted to the body of the vehicle by means of bolts or other fastening devices of sufficient strength to prevent loss of the equipment during vehicle operation. D. The sound amplifying equipment shall be mounted on the vehicle so as to project sound forward along the path of vehicle travel, with the equipment axis more or less parallel to the centerline of the vehicle, not to exceed fifteen (15) degrees to either side of the centerline. E. The interior of the vehicle shall be equipped at all times with a volume control - limiting device that is marked and calibrated to not allow the sound levels that are prescribed by this chapter for mobile and stationary operation to be exceeded. The Police department shall conduct acoustic measurements and ensure that the marks and calibration registered on the volume control -limiting device meet the requirements of this Title, including the operating noise limits. The volume control -limiting device must be capable of controlling the sound level at all times during operation. Section 12.14.140 Issuance of sound truck operating license. A. The city treasurer shall issue a sound truck operating license for each application certified by the Chief of Police to be in compliance with Section 12.14.120. Each sound truck operating license shall be for a specific duration as stated thereon. A business license shall also be required for all sound trucks for hire that are or will be conducting business within the city pursuant to Chapter 6.04. B. In no case shall a sound truck operating license be in effect for more than thirty days, unless otherwise specified by city council action pursuant to Chapter 15.60. C. Any sound truck operating license application denied by the city treasurer shall be promptly returned to the applicant with a statement of reasons for that denial. D. Copies of all sound truck operating licenses issued or denied shall be sent to the chief of police and city manager. Section 12.14.160 Possession and display of sound truck operating license. A licensee shall keep the sound truck operating license in his or her possession in the sound truck during the time the sound truck's sound -amplifying equipment is in operation. The sound truck operating license shall be promptly displayed and shown to any code enforcement officer or policeman of the city, upon request. 18 Section 12.14.180 Surrender and suspension of sound truck operating license. Whenever inspection or investigation reveals that sound -amplifying equipment is being operated in violation of this chapter or in violation of the terms and conditions attached to a sound truck operating license, the investigating officer may suspend and demand the immediate surrender of the sound truck operating license. Upon such demand for suspension of sound operations and surrender of the license, the licensee shall immediately stop using the sound - amplifying equipment and surrender the license. Failure to stop the sound operation shall authorize the impoundment of the sound -amplifying equipment, including the vehicle if the sound amplifying equipment cannot be conveniently removed, pending an administrative hearing. The operator shall be advised verbally or in writing of the right to an administrative appeal under section 12.14.200. Section 12.14.200 Administrative hearing. Within the next succeeding business day following the suspension of a sound truck operating license, the licensee shall upon verbal or written demand be given the opportunity for an administrative hearing and review before the city manager or his designate. The designate shall not be a member of the department of the officer ordering the suspension. At the time of such hearing, the city manager or designate may reverse the suspension, or affirm or modify it upon making a finding that preservation of public health, safety and welfare warrants such action. Such determination shall thereafter be administratively final. Section 12.14.220 Regulations for use. It is unlawful for any person to operate or cause to be operated any sound truck or sound -amplifying equipment mounted on a sound truck in violation of the following regulations: A. The only sounds permitted shall be music or human speech, or combination. B. Sound operations are prohibited after 9 p.m. and before 8 a.m. in all zones, and may be allowed after 9 p.m. in other than residential zones only pursuant to a temporary use permit issued under Chapter 15.60. Sound operations may be ordered suspended by the chief of police or designate whenever sound truck operations are impeding traffic. C. Sound -amplifying equipment shall not be operated unless the sound system is provided with an operating volume -limiting device meeting the requirements of section 12.14.120, and all the other operating and equipment conditions set forth in that section are met. D. Sound amplifying equipment shall not be operated within one hundred yards of hospitals, schools, or churches at any time. E. The volume of sound shall not exceed a sound level of sixty-five (65) dBA at a distance of fifty (50) feet from the sound -amplifying equipment as measured by a sound level meter. When the sound truck is stopped in traffic or for more than one minute, the sound level shall be adjusted so as not to exceed fifty (50) dBA at a distance of fifty (50) feet. F. Sound -amplifying equipment shall not be operated unless the equipment is mounted facing forward and no more than fifteen degrees to either side of the centerline of the sound truck. G. No sound truck with sound -amplifying equipment in operation shall be driven on the same street past the same point more than twice in a period of one hour. 19 H. Sound -amplifying equipment shall not be operated on a sound truck unless a valid sound truck operating license issued pursuant to section 12.14.140 is in existence. CHAPTER 12.16 EXCEPTIONS Sections: 12.16.020 Special permit exceptions for environmental noise 12.16.040 Exceptions for time to comply Section 12.16.020 Special permit exceptions for environmental noise. A. The planning commission is authorized to grant exceptions for any environmental noise provision of this title, subject to limitations as to area, noise levels, time limits, and other terms and conditions as the planning commission determines are appropriate to protect the public health, safety, and welfare from the noise emanating therefrom. This section shall in no way affect the duty to obtain any permit or license required by law for such activities, nor shall it apply to nuisance noises. B. Any person seeking an exception pursuant to this section shall file an application with the planning director. The application shall be submitted and processed in the same manner as conditional use permits as provided in Section 18.116.060 through 18.116.090. The application shall contain information that demonstrates that bringing the source of sound or activity for which the exception is sought into compliance with this title would constitute an unreasonable hardship on the applicant, on the community, or on other persons. The fee prescribed in the National City Fee Schedule shall accompany the application. A separate application shall be filed for each noise source; provided, however, that several mobile sources under common ownership, or several fixed sources on a single property may be combined into one application. Notice of an application for an exception shall be published according to Section 18.130.080 of the National City Land Use Code. Any individual who claims to be adversely affected by allowance of the exception may file a statement with the planning commission containing any information to support his claim. C. In determining whether to grant or deny the application, the planning commission shall balance the hardship on the applicant, the community, and other persons of not granting the exception against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the exception. Applicants for exceptions and persons contesting such exceptions may be required to submit such information as the planning commission may reasonably require, including sound level studies. In granting or denying an application, the planning commission shall keep on public file a copy of the decision and the reasons for denying or granting the exception. D. Exceptions shall be granted by notice to the applicant containing all necessary conditions including a time limit on the permitted activity. The exception shall not become effective until the applicant agrees to all conditions. Noncompliance with any condition of the 20 exception shall terminate the exception and subject the person holding it to those provisions of this title for which the exception was granted. E. An exception will not exceed three hundred sixty-five days from the date on which it was granted. Application for extension of time limits specified in exceptions or for modification of other substantial conditions shall be treated like applications for initial exceptions under subsection B of this section. F. The planning director will issue guidelines defining the procedures to be followed in applying for an exception and the criteria to be considered in deciding whether to grant the exception. G. Noise limit exceptions or allowances specifically provided for in the issuance of any exception granted under this Chapter or the city council approval of a temporary use permit pursuant to Chapter 15.60 for parades, civic functions or other special events, shall not be considered a noise disturbance. H. Estoppel. An application for exception shall have no effect until properly granted hereunder. Enforcement of violations shall be proper at any time prior to such granting. Section 12.16.040 Exceptions for time to comply. The owner of any commercial or industrial source of an environmental noise or sound source may apply to the planning commission for an exception in the length of time allotted to achieve compliance with the provisions of this title. The planning commission shall have the authority, consistent with this section, to grant an exception not to exceed one year from the effective date of the ordinance codified or amended in this title. The same procedures and considerations as followed under Section 12.16.020 shall apply. Sections: 12.18.020 12.18.040 12.18.060 12.18.080 12.18.090 12.18.100 CHAPTER 12.18 ENFORCEMENT Violations and penalties Environmental noise Nuisance noise Enforcement of noise disturbances that are both environmental and nuisance Noise disturbance measurement procedure Violations: Additional remedies —Injunctions Section 12.18.020 Violations and penalties. A. Violation of this title by making or allowing a nuisance noise disturbance shall be an infraction for a first violation. B. Repeat violations may be prosecuted as misdemeanors under the provisions of section 1.20.020. 21 Section 12.18.040 Environmental noise. A. Classification of Environmental Noise. The planning director or designate is responsible for administration and enforcement of environmental noise, and making determinations that any given obtrusive noise condition falls within the definition of environmental noise disturbance, pursuant to Section 12.04.480A, as an environmental noise. Appendix A of Chapter 12.22 shall be used as an aid in such determinations. The planning director may make determinations pursuant to Section 18.104.030 for classifying noise sources not specifically mentioned in Appendix A. Sound level meters shall be used, when practicable or available, to measure the level of a noise disturbance. The duration of the noise event should be assessed, as applicable. Failure to do so shall not bar enforcement action to prosecute or abate violations, and the Planning Director may use other available evidence to justify such action. B. Responsibility. The planning director shall be responsible for investigation and enforcement of environmental noise disturbances. C. Guidelines. The planning director may, from time to time, promulgate additional guidelines for administration and enforcement of the provisions of this title pertaining to noise violations. D. Abatement. The officer responsible for enforcement of any provisions of this section shall first issue an order requiring abatement of a sound source alleged to be in violation of this Title 12. Orders of abatement may be written or verbally administered. The order to abate an environmental noise disturbance may allow a reasonable time for abatement, not to exceed thirty (30) days, and nuisance noise disturbances may be ordered abated immediately. If the source of the noise is equipped with a volume control device, the violator shall be allowed to adjust the volume until the volume complies with lawful sound levels. Failure to comply within the time specified may thereafter be enforced criminally or civilly, or both, as a violation of this title. Abatement of the noise disturbance shall terminate further enforcement action regarding a particular environmental noise disturbance, unless the event is repeated. No complaint or further action shall be taken in the event that the cause of the violation has been removed, the condition abated or fully corrected within the time period specified by the planning director or designate. Section 12.18.060 Nuisance noise. A. Classification of Nuisance Noise. The chief of police or designate is responsible for administration and enforcement of any obtrusive noise condition that falls within the definition of nuisance noise disturbance defined under Section 12.04.480B or Chapter 12.10. Appendix A of Chapter 12.22 may be used as an aid in making such, determinations. At the request of the chief of police, the planning director may make determinations as provided for under National City Land Use Code, Section 18.104.030 for classifying nuisance noise sources not specifically mentioned in Appendix A. B. Responsibility. The chief of police shall be responsible for investigation and enforcement of nuisance noise disturbances. C. Guidelines. The chief of police may, from time to time, promulgate guidelines for administration and enforcement of the provisions of this title pertaining to nuisance noise violations. Sound level meters shall be used, when practicable or available, to measure the level of the noise disturbance. The duration of the noise event should be assessed, as applicable. Failure to do so shall not bar enforcement action to prosecute or abate violations, provided there is other objective evidence available to justify such action. 22 D. Abatement Order. The officer responsible for enforcement of any provisions of this section shall first issue an order requiring abatement of a sound source alleged to be in violation of this Title 12. Orders of abatement may be written or verbally administered. The order to abate an environmental noise disturbance may allow a reasonable time for abatement, not to exceed thirty (30) days; nuisance noise disturbances may be ordered abated immediately. If the source of the noise is equipped with a volume control device, the violator shall be allowed to adjust the volume until the volume complies with lawful sound levels. Failure to comply within the time specified may thereafter be enforced criminally or civilly, or both, as a violation of this title. Section 12.18.080 Enforcement of noise disturbances that are both environmental and nuisance. A. Where investigation reveals that offending noise violates both the environmental noise regulations and the nuisance noise regulations, the offense shall be enforced as a nuisance noise violation unless the planning director, upon consultation by the chief of police, makes a specific fmding that the environmental noise regulations more nearly apply, in which case the environmental noise regulations shall then apply. B. Nothing contained in this provision shall limit the city's ability to prosecute or abate noise violations as both environmental and nuisance noise. Section 12.18.090 Noise disturbance measurement procedure. Upon receipt of a complaint, the code enforcement officer shall investigate the complaint, measure the sound level using a sound level meter whenever practicable, and gather non -acoustic data to adequately define the noise problem. A. Non -acoustic data. Non -acoustic data shall consist of the following: the type of noise source; location of the source relative to the affected property; time period(s) and duration during which the noise source is considered to be a disturbance; and the date and time(s) of the noise measurement survey. B. Exterior Noise measurement procedure. Noise measurement procedure using a sound level meter defined in "Section 12.04.640 shall use the "A" weighting scale and the "slow" meter response, except that the "fast" response shall be used for impulsive type sounds. Measurements shall be taken at any point on the receiving property with the microphone located at a height between four to five feet (4'-5') above the ground, and at least ten feet (10') from the source and any nearest reflective surface, if possible. The microphone shall be placed so as to take into account any relevant topography or any acoustical aberration or irregularity. C. Interior noise measurement procedure. If the complaint is related to interior noise, the "A" weighted scale, "slow" response (or "fast" if impulsive) shall be used, and measurements shall be taken within the affected dwelling unit at a point at least four feet (4') from the wall, ceiling or floor nearest the noise source, with the windows open or closed in normal seasonal configuration. D. Calibration. The sound level meter shall be calibrated both immediately before and after recording any noise data, using an acoustic calibrator. 23 Section 12.18.100 Violations: Additional remedies —Injunctions. As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery which causes or creates sound levels or vibration exceeding the allowable limits specified in this title is declared to be a public nuisance, and shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction, or through administrative means pursuant to Chapters 1.44 or 1.48. Additionally, no provision of this title shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person or injury or damage arising from any violation of this title or from other law. CHAPTER 12.20 NOISE CORRIDOR(S) MAP Sections: 12.20.010 Preparation and maintenance 12.20.020 Contents and use Section 12.20.010 Preparation and maintenance. The planning director shall prepare and maintain a noise corridors map showing noise contours of 60 dB(A) Ldn or higher along all public streets, highways, and freeways, for use in designing noise insulation systems for new buildings and as a guideline for administration of this title. Section 12.20.020 Contents and use. This map shall be based upon assessment of community noise survey data. It may also show designated noise sensitive zones, and related data for administrative use. A copy of the current noise corridor map shall be posted in the planning department for public use. A copy shall be provided to the department of building and safety. CHAPTER 12.22 APPENDICES Sections: 12.22.020 Description, effect and adoption 12.22.040 Appendix A —Adoption 12.22.060 Appendix A —Designated Section 12.22.020 Description, effect and adoption. Appendices as described in Chapter 18.136 may be adopted to supplement this title. The effect of such appendices as well as adoption, amendment, and other administrative procedures shall also be as provided in Chapter 18.136. 24 Section 12.22.040 Appendix A —Adoption. Appendix A to this title, codified in Section 12.22.060, is adopted concurrently with the adoption of the ordinance codified in this title. Section 12.22.060 Appendix A —Designated. (See attached) 25 APPENDIX A TO TITLE 12 CLASSIFICATION OF NOISE SOURCES ENVIRONMENTAL NOISE Air-conditioning units (fixed) Animal shelters Auto and vehicle repair in conjunction with permitted commercial or industrial activity Commercial activities normally found in connection with a permitted activity Industrial activities normally found in conjunction with a permitted activity Loose shutters, squeaky gates, clattering drain covers, and other conditions resulting from inadequate property Machinery and compressors (fixed or maintained in conjunction with a permitted activity NUISANCE NOISE Air-conditioning units (improperly maintained) Animals, pets Auto and vehicle repairs on residential sites Carbide igniters and similar devices producing impactive noise Commercial activities, other than those permitted which are causing a nuisance. Also, outdoor commercial sales activities Construction/demolition activities (of a temporary nature) Industrial activities, other than environmental, and creating Machinery and compressors other than environmental Off -road vehicles Outcrying, shouting, screaming, whistling, singing Powered model toys, devices, vehicles and equipment 26 APPENDIX A TO TITLE 12 (Continued) ENVIRONMENTAL NOISE Power tools normally found in conjunction with permitted uses Lawn mowers Pumps - Same as machinery and compressors Public address and public assembly, indoor and outdoor, as permitted Signaling devices (non -emergency) radio stationary Outside phone bells School Bells NUISANCE NOISE Power tools, other than environmental. Also, hobby activities Pumps - Same as machinery and compressors Private parties, gathering, assemblages of limited duration Public address and public assembly, indoor and outdoor, as "temporary use" or as an assembly other than use environmental Radios, stereos, televisions, sound amplifiers, musical instruments, drums Signaling devices (non -emergency) mobile utility truck speakers Emergency Burglar alarms Auto theft alarms Sound trucks -- Signature Page to Follow — 27 Noise Control Ordinance Ordinance No. 2001 - PASSED,. and ADOFIED this day of 2001. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. l;`iser, III City Attorney George H. Waters, Mayor 28 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 21, 2001 AGENDA ITEM NO. 22 ITEM TITLE REPORT ON SPECIFIC PLAN REQUIREMENT FOR THE BLOCK BETWEEN 18TH AND 19TH STREETS, WILSON AND HARDING AVENUES PREPARED BY DEPARTMENT Steve Ray Planning EXPLANATION The City has a requirement for a Specific Plan for the block between 18th and 19th Streets, Wilson and Harding Avenues. HAR Construction has submitted a letter seeking relief from this requirement. The attached report discusses the issue. Environmental Review N/A Financial Statement N/A Exempt Account No. STAFF RECOMMENDATION Council direction requested ok00 BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Background Report 2. Letter from property owner Resolution No. 3. Ordinance No. 92-2024 (Section 7) 4. Location Map A-200 (9/80) REPORT ON SPECIFIC PLAN REQUIREMENT FOR THE BLOCK BETWEEN 18TH AND 19TH STREETS, WILSON AND HARDING AVENUES The block between 18th and 19a` Streets, Wilson and Harding Avenues is zoned MLR, Light Manufacturing/Residential. This zone also applies to most of the surrounding Westside area. The block is also affected by a City Council requirement for a Specific Plan, which would go beyond zoning regulations. The Council specified this in 1992, by Ordinance 92-2024. The objectives of the requirement are to plan for common parking and access, as well as compatible architectural design, as properties are developed. The block is the only part of the Westside where this applies. The reason for this is discussed below. No Specific Plan has actually been adopted or proposed. The block is similar in size and shape to most of the others in this older section of the City, with 250 feet of street frontage on each side. Approximately half the block is occupied by Saint Anthony's Church and related buildings and parking. area. The rest is divided under seven owners and includes four single-family lots, one parcel with two detached homes, and three adjacent vacant parcels under two separate ownerships. Although the Westside and the blocks across Wilson are developed with a mix of housing and industrial use, this block contains no businesses. Two adjacent vacant parcels comprise the second largest ownership in the block. This 7,500 square foot property was acquired earlier this year by HAR Construction (Hector and Leonar Romero). They have used it and adjacent property to the east to store construction equipment, vehicles, materials and debris, without City approvals. Code Conformance has been trying to get this corrected. HAR construction has expressed interest in constructing a building for its own use on its property. A concept was shown to staff but has not been reviewed in detail, as the owner's priority in meeting with staff was to obtain relief from the requirement for a Specific Plan in order to pursue their project independently. Planning staff met with the Romero's and explained that the requirement for a Specific Plan was part of a series of actions taken in 1992 with regard to Westside neighborhood quality concerns. Section 7 of the attached Ordinance states the Specific Plan requirement. The Specific Plan was required to provide a tool where small properties could be planned as a unit to provide common access, parking, and compatible architectural design, similar to industrial parks built on larger parcels. This would avoid the need for individual driveways and isolated parking areas on small parcels. The requirement was applied to this block to prevent future development from negatively affecting Saint Anthony's Church, which was then on the City's list of historic properties. The church remains a neighborhood landmark. However, it was rebuilt after being destroyed by fire and is no longer on the City's historic list. Planning staff also discussed with the Romero's how a Specific Plan could be prepared. It could address their particular development proposal and provide for continuation of access to adjacent property. As other parcels later develop, they could also be required to extend access and could propose additional access and common parking, where feasible. The Romero's could also take the lead in proposing architectural criteria for future development in the block. As development plans for other properties may not be clear at this time, the City could review future proposals separately. The Romero's are not the first to face the Specific Plan requirement. Building plans were reviewed for the same property in 1998. The previous owner abandoned the project after exploring various alternatives. Staff acknowledged that the preparation of a Specific Plan by a single property owner would be a challenge. It does involve application fees and design consultant expense. In the absence of a Specific Plan requirement, any commercial or industrial development in this block would still need approval of a conditional use permit, as does such development elsewhere in the MLR Zone when adjacent to residential or institutional use. The CUP process could be a viable alternative if Council wishes to provide greater flexibility to individual property owners. NATIONAL CITY PLANNING DEPARTMENT AU6 0 6 2001 August 6, 2001 Roger Post Planning Director City of National City Planning Department 1243 National City Blvd. National City, CA 91950 Subject: Property located at 1839 Wilson Avenue Dear Mr. Post, In January of 2001 we bought the abovementioned property located on Wilson Ave. with the intentions of building our construction company offices. We visited your planning department to find out what type of building was allowed on this property before purchasing it. We found that the zoning was rated MRL and zoned for light manufacture ring. With this information in hand we went ahead and purchased the lot. We had an architect draw some preliminary plans to present to the planning department to get permits to start this project. At this time we were told by your planning department that they could not take our application for conditional use permit because this particular block had a Specific Plan in accordance with ordinance 92-2024 which needed to be submitted beforehand. When I asked for information on this Specific Plan I found out that the plan has a Section (Section 7), which states the following: Section 7. A specific plan shall be adopted in accordance with procedures referenced in Chapter 18.08 of the Municipal Code to provide common parking and driveway access and architectural unity among parcels prior to authorization of any permits for industrial or commercial development for the block bounded by 18thand 19th Streets and Wilson and Harding Avenues. This particular Section has become a burden on us as property owners because of the common parking and driveway access section. We are willing to comply with the architectural unity of the area, but the common parking issue seems to be a bit more complicated. This complicity comes from the fact that we would have to request the other property owners, some of which are homeowners and newly acquired homeowners, to give up some of there property to accommodate this Specific Plan. And if you look at the property lines of each lot in this block you will see the complexity that this plan places on property owners like us. With all do respect, I would like to ask you a couple of questions. 1) Who would use these parking spaces? 2) How would it benefit this block to have common parking spaces? I have done some surveying of the parking spaces available in this block and I have come up with the following: The Church has 24 parking spaces and 1 handicap space with in its 2 handicap spaces on Harding Street property lines.There are 12 here are salsosparking , spy on 18t street and all around right in front ofthe Thereapproximately 7 parking spaces on our lot the block. Our proposed building would have Codes. There is for personnel use that conforms to the City of National City Building also parking spaces across all streets in the perimeter of this block. As property owners of 1839 Wilson Ave. we respectfully request that you review this Specific Plan and help us in the task of improving this community. Sincerely, Hector and Leonor Ro Property Owners r Page 6 of 7 Ordinance No. Section 6. Appendix D of Title 18 (Land Use) of the National City Municipal Code is amended as follows: a. Within Use Group 4, the following uses shall be transferred from the column of typical permitted uses to the column of conditional use permit required: Auto painting in conjunction with a driving school Auto painting (with accessory body and fender work as regulated by Section 18.72.030) b. Within Use Group 19, the following uses shall be transferred from the column of typical permitted uses to the column of conditional use permit required: Fuel store Pest control service company c. Within Use Group 22, the following uses shaII be transferred from the column of typical permitted uses to the column of conditional use permit required: Assembly or packaging of articles or products prepared from asbestos Auto body repairing Fiberglass boat fabrication •. R;,? A specific plan shall be adopted in accordance with procedures referenced in Chapter 18.08 of the Municipal Code to provide common parking and driveway access and architectural unity among parcels prior to authorization of any permits for industrial or commercial development for the block bounded by 18th and 19th Streets and Wilson and Harding Avenues. Section 8. Section V. B. 6. d. of the National City Design Guidelines is amended to read as follows: Wall surfaces should be finished to reduce opportunities for graffiti. If walls have smooth surfaces they should be painted a neutral color. CONTINUED ON PAGE 7 NATIONAL CITY PLANNING City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 21, 2001 AGENDA ITEM NO. ITEM TITLE NOTICE OF DECISION — VARIANCE FOR AN 8-FOOT TALL FENCE ALONG THE EASTERN BOUNDARY OF THE PLAZA MANOR APARTMENTS, ON THE WEST SIDE OF ARCADIA PLACE BETWEEN 10TH AND 11TH STREETS (APPLICANT: PLAZA MANOR PRESERVATION, L.P.) (CASE FILE NO.: Z-2001-12) PREPARED BY Jon Cain 'NC-- DEPARTMENT Planning EXPLANATION This variance is requested to satisfy a condition required by the Council for the street vacation of the west half of Arcadia Place between 10th and 1 1 th Streets. The street vacation proposal would allow the west half of Arcadia at the east boundary of the Plaza Manor apartment complex to become part of the parking area for the apartments. A 6-foot fence was proposed at the new property boundary. In response to citizen concerns expressed at the hearing regarding access between the apartments and the adjacent single-family neighborhood, the Council voted to approve the street vacation with a condition requiring a variance to be obtained allowing an 8-foot fence along the new property boundary at Arcadia Place. The proposed 8-foot, wrought -iron fence will be curved at the top, extending out from the line of the fence in both directions to discourage people from scaling it. To comply with Fire Department requirements, an emergency access gate with a Knox box will be installed in the new fence. This gate will be accessible only to Fire Department personnel. At the Planning Commission public hearing for the project, neighbors spoke in favor of the variance proposal. There was no public testimony in opposition to the project. Commissioners voted to approve the variance unanimously. 23 Environmental Review Financial Statement N/A X N/A Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION [he Planning Commission voted to approve the Lone Variance. Vote: Ayes — Valderrama, Flores, Parra, Ungab, Baca, Reynolds Absent - Detzer I. Planning Commission ResoluBtion No. 26-2001 2. Location Map Resolution No. A-200 (9/80) RESOLUTION 26-2001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A ZONE VARIANCE FOR AN EIGHT -FOOT TALL FENCE ALONG THE EASTERN BOUNDARY OF THE PLAZA MANOR APARTMENTS, ON THE WEST SIDE OF ARCADIA PLACE BETWEEN 10TH AND 11TH STREETS APPLICANT: JOSEPH MICHAELS CASE FILE NO. Z-2001-12 WHEREAS, the Planning Commission of the City of National City considered a Zone Variance application for an eight -foot tall fence along the eastern boundary of the Plaza Manor Apartments, on the west side of Arcadia Place between 10th and 11th Streets at a duly advertised public hearing held on July 16, 2001, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. Z-2001-12 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 July 16, 2001, support the following findings: 1. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since an 8-foot fence is needed to address ongoing security concerns in the area. 2. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since other properties in the RM-2-PD zone in the area could have 8-foot side yard fences without a variance and since the proposed fence must comply with the approved plans. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since fences are permitted in the RM-2-PD zone. BE IT FURTHER RESOLVED that the application for Zone Variance is approved subject to the following conditions: 1. This Zone Variance authorizes an 8-foot fence along the eastern property boundary at Arcadia Place. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A, B, and C, case file no. Z-2001- 12, dated 6/19/2001, 7/5/2001, and 6/26/2001. 2. Plans submitted with any application for a building permit must comply with the 1998 edition of the California Building Code. 3. Emergency access shall be provided in the form of a gate along Arcadia Place in compliance with Fire Department requirements. The gate shall have a Knox key switch. The gate shall be subject to the approval of the Fire Department. 4. Before this Zone Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form,provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Zone Variance. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Zone Variance are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 5. This permit shall become null and void if not exercised within (one year) after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CER 1'11.1CATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 6, 2001, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: VALDERRAMA, FLORES, PARRA, UNGAB, BACA, REYNOLDS DETZER Future vacated portion of Arcadia Place Proposed 8-foot tall fence X X X XX X Zone Boundary — — — — AN LOCATION MAP Arcadia Place between 10th and 11th Streets Z-2001-12 NATIONAL CITY PLANNING DRN: 7/2/2001 INITIAL HEARING: 7/16/2001 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 21, 2001 AGENDA ITEM NO. 24 ITEM TITLE NOTICE OF DECISION- ZONE VARIANCE FOR AN ADDITIONAL FREESTANDING, MONUMENT SIGN AT 3007 HIGHLAND AVENUE (APPLICANT:CHEVRON) (CASE FILE NO. Z-2001-8) PREPARED BY EXPLANATION Andrew Hoskinson DEPARTMENT Planning The project site is adjacent the west side of the Chevron gas station, which is located on the east side of Highland Avenue approximately 550 feet south of 301 Street. The sign will be placed 21 feet east of the property line or street right-of-way, within a 31 foot landscaped slope. The gas station is in a General Commercial (CG) zone. The Variance is to allow an additional freestanding sign on the site along the Highland Avenue frontage of Sweetwater Square shopping center. The seven -foot by seven -foot sign will be the only freestanding sign serving the gas station; it will advertise gas prices. It will be designed to resemble the modern, angular -shaped pylon sign and to meet the sign criteria approved as part of the recent modernization of the center. Additionally, the existing gasoline price cabinet sign, which is attached to the pylon, will be removed as part of the project. The Planning Commission considered the project at a public hearing on July 16, 2001. The Commission approved the Variance because of the large size and substantial street frontage of the subject property. If the gas station were on a smaller, separate parcel, it would be permitted a freestanding sign. Additionally, the proposed sign will harmonize with the modern look of the center. Environmental Review X N/A Categorical Exemption Financial Statement N/A STAFF RECOMMENDATION Staff concurs with the decision of the Planning Decision and recommends that the Notice of Decision be filed. Account No. BOARD / COMMISSION RECOMMENDATION The Planning Commission voted to approve the application. Vote: Ayes- Valderrama, Flores, Parra, Ungab, Baca, Reynolds Absent- Detzer ATTACHMENTS ( Listed Below ) 1. Resolution 2. Location Map A-200 (9/80) Resolution No. RESOLUTION 25-2001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A ZONE VARIANCE FOR AN ADDITIONAL FREESTANDING MONUMENT SIGN AT 3007 HIGHLAND AVENUE APPLICANT: GREG HOHN CASE FILE NO. Z-2001-8 WHEREAS, the Planning Commission of the City of National City considered a Zone Variance application for an additional freestanding monument sign at 3007 Highland Avenue at a duly advertised public hearing held on July 16, 2001, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. Z-2001-8 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 July 16, 2001, support the following findings: 1. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since this site is large with substantial street frontage compared with most parcels which front on Highland Avenue in the General Commercial (CG) zone, and since the variance would not be required for an additional freestanding sign on Highland Avenue if the site were divided into separate parcels. 2. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since smaller parcels in the area may be permitted to install freestanding signs, whereas the large site would only be permitted one freestanding sign without the variance. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since freestanding signs are permitted in the General Commercial (CG) zone. BE IT FURTHER RESOLVED that the application for Zone Variance is approved subject to the following conditions: 1. This Zone Varianceauthorizes a freestanding sign at 3007 Highland Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. Z-2001-8, dated 6/13/01. 2. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 3. The sign structure 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. 4. Before this Zone Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Zone Variance. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Zone Variance are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 5. The existing gas station price sign shall be removed upon installation of the new monument sign. 6. All landscaping that is disturbed by the construction of the new monument sign shall be replaced to the satisfaction of the Planning Director. 7. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the 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. CER 11FF1CATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 6, 2001, by the following vote: AYES: VALDERRAMA, FLORES, PARRA, UNGAB, BACA, REYNOLDS NAYS: ABSENT: DETZER ABSTAIN: Zsm EXISTING GAS STATION \\ ZONE BOUNDARY °ie.CITY BOUNDARY N A LOCATION MAP 3007 Highland Avenue Z-2001-8 NATIONAL CITY PLANNING DRN. DATE: 7/2/01 INITIAL HEARING: 7/16/01 City of National City, California COUNCIL AGENDA STATEMENT August 21, 2001 AGENDA ITEM NO. 25 MEETING DATE (ITEM TITLE TEMPORARY USE PERMIT—SEAFOODANCITY ILIPINO-MEXI SUPERMARKET - ANNUAL KARAOKE PREPARED BY Claudia Caro, Permit Tech. DEPARTMENT Building and Safety EXPLANATION This is a request from Seafood City Supermarket to conduct their annual Filipino -Mexican singing contest and grand karaoke competition. This will consist of a Karaoke Contest with prizes and giveaways. The event is free and no food will be given away or sold. The event will be held Saturday, October 20,2001. The hours of the event are from 10:00 a.m. until 10:00 p.m. i ( Environmental Review N/A Financial Statement /wi.LQ./J� Approved By: The City has incurred $150.00 in costs in processing the T.U.P. application through vari s°OiN A` Departments. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Application For A Temporary Use Permit with recommended conditions of approval Resolution No. A-200 (9;99) 616i15?217101 E19:26 61933643377 CITY OF NATLONAL CTY PAGE E1 Type of Event: Public Concert Fair Parade Demonstration Motion Picture _ _ Grand Opening Festival Community Event Block Party Circus Other %lt aaIt 1 Event Title: Ti - I4firifit y.(kf<(C- t c 't Rj.--) Event Location: ;��-�o'�I, CA,'n cU4Pe i-0 44uv-r1- Event Date(s): From ( O. = co I / ci' Total Anticipated Attendance: MontfirDayMeaf Participants) „� to Spectators) Actual Event Hours: IC el`' epm to , le: s1i%" am/e Setup/assembly/construction Date: Ot • I ti `"5 artitime: Please describe the scope of your setup/assembly work (specific details): Dismantle Date: Oct • a I t v Completion Time: 12 : am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization m v b Otr "J C 4llb' -ZL For Profit 9 (Name) RA) '1-K'�� _/p4 y-P,�ofij,;� Chief Officer of Organization �A-.�-, �t c � , ,� ,�l-� i-a �� P%'�•f Applicant (Name): s )`-T v �' eir , l:,t ze u 1(°k r -fr T Address: 14-(� ( - &U , J C CK11 Daytime Phone: ( l4- 411400 Evening Phone: L__ Fax: &I 11(, Contact Person "on site" day of the event: f g t R) C✓'t pirt [' Pager/Cellular: 4-1 1 L1.0 0 sc70-G a73 NOTE: THIS PERSON MUST BE IN ATTd4DANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CI'FY.OFFICIALS I ElS336,43,3 t r CITY OF NATIONAL CT'Y PAGE C3 O6:'15./2001 Eli: Is your organization a "Tax Exempt, nonprofit" organization? • YES NO Are admission, entry, vendor or participant fees required? YES NO If YES, please explain the purpose and provide amount(s): Estimated Gross Receipts Including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. $ N What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. i • I 2 06/15/2001 09:26 61933643377 CITY OF N'TIOONAL CTY PAGE 10 - YES YES NO Does the event involve the sale or use of alcoholic beverages? 0 Will items or services be sold at the event? If yes, please describe: - YES 4,NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES 7`NO Does the event involve a fixed venue site? if YES, attach a detailed site map' showing all streets impacted by the event. In addition to the route map required above, please attach a diagram showing the overall layout ;, and set-up locations for the following Items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas: > Food Concession and/or Food Preparation areas f y / Please describe how food will be served at the event: t" f If you intend to cook food in the event area please specify the method: GAS ELECTRIC _ CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities In the immediate area available to the public during the event) (fJ -i. tirr 'f-t ''f b ([,,V Tables and Chairs Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clam condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: }ice/ tI k UU (`l ..5 cyr0 % t(-) V V V V V V V V V 3 06/15/2001 09: 26 61933643377 CITY OF NATIONAL CITY PAGE 11 Please describe your procedures for bath Crowd Control and Internal Security: YES 0 Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: V. YES NO is this a night event? if YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipmerft. Please describe your Accessibility Plan for access at your event by individuals with disabilities:'. WA+g- enu-k41 N Please provide a detailed description of your PARKING plan: (.04) 4 CITY OF NATIONAL CTY EOE 15./2EO1 09:2E 61933E43377 PAGE 12 Please describe your plan for DISABLED PARKING: Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours In advance when events are scheduled In the City parks. YES — NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Bands: I Number of Stages: Type of Music: \ YES _ NO Will sound amplification be used? If YES, please indicate: Start time: ((Yi 0 0 o 10 . (N arn/pe m Finish Time V YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: ID - (h) ar prn Finish Time ')� ' U u am/) Please describe the sound equipment that will be used for your event: _ YESX, NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: JYES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: E16 15!'2001 005_26 E1933643377 CITY OF NATIONAL CTY PAGE 13 Department Yes No Condition(s) of Approval Specific Conditions of Approval For Office 'Use Only Date Initial 6 BUILDING AND SAFETY DEPi. RECEIVED JUL 2 fi 2001 NATIONAL CITY, CALIF. i CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Seafood City Supermarket EVENT: Annual Filipino -Mexican Singing Contest DATE OF EVENT: October 20, 2001 TIME: 10:00 a.m. until 10:00 p.m. APPROVALS: PLANNING YES [x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x SPECIFIC Conditions of Approval: FIRE (336-4550) 1. Fire Department access to Fire lanes, fire hydrants and all Fire Department connections shall be maintained at all times during this event. 2. The use of any canopies over 400 sq.ft or tents over 200 sqft. will require a Fire Department permit. FINANCE (336-4330) 1. A Business License is required of all vendors and businesses participating in the special event. Each separate vendor must have a separate business license. Merchants licensed for the site can operate on their current license. POLICE (336-4400) event. 1. On site security at this location is usually very good and should be adequate for this OILY OF NATIONAL OTV PAGE 14 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization g'bV Qt l� im Person In Charge ofActivity(:)Z-(-0 Address [O _ C/(�� aV 1St Telephone 4�1 ` (1/O Date(s) of Use NAA HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, or ads, costs, h, or any litigation lity or, for any personal injury, death or propertydamage, and other liability, including attorneys fees and the costs of litigation, arising out of or elated to the use of public property or the activity taken under the permit by" thermittee,gr its agents, employees or contractors. nature of Applicant 1 C Official Title Date F-or Orrice Use Only Certificate of Insurance Approved Date 7 City of National City, California COUNCIL AGENDA STATEMENT August 21, 2001 MEETING DATE 26 AGENDA ITEM NO. ITEM TITLE TEMPORARY USE PERMIT — EPPERSON PRODUCTONS -FRANK TOYOTA TENT SALE PREPARED BY Claudia Caro, Permit TechbENT Building and Safety EXPLANATION This is a request from Epperson Productions to conduct a vehicle tent sale on the property of Frank Toyota, from Wednesday September 5— Sunday September 30, 2001. No food or drinks will be sold and there will not be any type of entertainment. The hours of operation are as follows: Monday -Friday 8:00 am. until 9:00 p.m. Saturday 8:30 a.m. until 8:00 p.m. Sunday 9:30 a.m. until 7:00 p.m. Environmental Review N/A Financial Statement The City has incurred $115.00 in costs in processing the T.U.P. application through various City Departments. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application For A Temporary Use Permit with recommended conditions of approval A-200 (9/80) 08/07/2001 01:33 19042387180 DME PAGE 02 08/67/2081 09:19 61933643377 'Poe of Event _ Pubic Canoed _ Ponds *Non More Damenitradon �Pik _Otend Opp*. CITY OF NATIONAL CTY FeatIval 1Ga Odrer PAGE BB I _ Sleep Event Event Ties: Annext. 5.in Ottrip. Cei Tie Oftan Terd.t s Evsnttaa..mc a FY.Ilk, 10.EPA matey u(i : Ron ' / 5181 9hl TON Anddpoh4 AttendeacottetedtWitor PettldP+res) tar.rd H.Yq anYpm to Ellopiewenthlykenstruallon Dal� C 5lo I swttenet Plume doltellot the soaped your eeruplsosernbly work (aprrallle *NEW 3 Ittcat. GAON-fents Bo Nib in choiairN+ Vrst bitlt.� v - /4 t:t_eL O cle0-4Ais144,00 oorA ally DIe entie ONO: I 011 to I Completion Tkme: NNW LJ EN auks) requiring closure •a MN of Oda event. Winds street name(.) day and Erne of end day Vmeettip. �copa+rk v1. IIIIIIIIIIIIIP Chief (Ulcer d Orgrrtrapon (None) Apptlotnt (Nyne); £ilpLmt R uOIonS Aatlr ss: a4)-3CeulA WI od K.+ci_ S. #2E14 GJ I Y/CO'$ Daytime Phone:,. �►r�� r tiqI-41 M Evening Phone: MD Fax dir 4 r FAN Contact Poser "en AV day of the avant la I (-1'o Va#1 LottAra"— P erc.+lrr.r: ton- 6.7.2-giit NOTE: THIS PERSON "MUST SE M FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO GT ': r�ICIALS 1 08/07/2001 01:33 19042387180 PAGE 03 08/07/2001 09:19 61933643377 CITY OF NATIONAL CTY PAGE 09 Renee provide aDETAIL DMSCIiPT1ONofywfevent Mbadedebits rowing s17 GYnlpnn!'Itt of your event such M the MS Ct vehicles. i , I..M., (Ides Of env OIIIer pertinent Informal= about.* avert. 1 hes,L -41•Urea 4e..45 Lodi II& crcckd Fcce nee. likiisk fop,(g• v u cc64.0 e de --III aowca9 Soak /MLA sifter I &VSI Hass w, N I C.e.ut X4 t as (.S uJ 04 At. -jA , 2 03/07/2001 01:33 19042387180 DME PAGE 04 06/07/2001 09:19 61993643377 CITY OF NATIONAL CTv PAGE 10 - YES YNO Ore the event Ywiha to Ore Or use of alcoholic beverages? _ YES NO VAN Items orsenrioesbaser atthe ever? byes, pleasedseere»: VOA ►c.2ts - YES NO him? NYE*, Archwwont Involve* moving roues ef twist map your propeold mule indicts Ma d*UDtia, of brief, end Farb mitten nssretlwb rrplrn your roLLe. - YES .NO Draft ours involve a tbsd Yenuu oils? It YES, arch a drawled ete mos atwlMnp all seers impeded by flue even. In addition to the route mop required above. planes WW1 a disown showing the porno famed and 'skip lowborn for thecollo ing Nees: > Alcoholic end Nomita dk Conralen Omer Beer linden errs. > Food Cameron rdlbr FON Pnparrsn areas Meesedaeap how feed ws be served atthaPool: If you intend b cook food in the event free psess epeelly the rmavot OAS _ELECTRIC CHARDOAL _ OT E (spetly): > Tout FL.., . Number of pdfebts WafS (1 *revery 2O0 people is required, Mess the aplicaft can show Mat there in the bfansriste area available to the public dieing the event} > Tobias and Chris > Fencing, bulls mire brhidadr > cieneredor taatlora smiler source of eleoatdy > Cerapse or lent frallens (include fontfor opi dimensions) > Scotia, e,Sdbls. *Ow orentiosres >SiPrelfrhhs�slaga,Mra�rnloaania iandstur s Wlirisrhdbrb > Orr Wald evert eenmpran is rot covered above > Trash £r.UYnrs and dunpofws (Nero: You neat Psprly dispose of weals and grrbspetlsough0ut the than of your event and invioleasly upon eeredusfon of the event the out must be rekmad to a as ocneblonJ Number aftomb milk Tram cenairersri th Vdt Oaptbe your glen for dero-up and removal of wore and ga b.ue during and seer the wren: 3 08/07/2001 01:33 19042387180 DIE PAGE 05 09/07/2001 39:19 61933643377 CITY OF NATIONAL CTV PAGE 11 Reese daalanyow procedure, for bath Creed Control and Wens' Security: YNO to _YES Piave you hired any ProlaeMonel S a1ly orponsrtion handle sentry for this If VIM, Net ananpemenle went? pease t earNy Otp_tsallae SemrtlyC peasallonAddress: Hassey Din ttor plierney Phora: YE9 NO lath** night If YES, _ evert, plena slate how the evert Sid summing anal be aturarrlsd to the wsa ensure safety of penldpRss and spectators; Place indicate** have for Flit hid Equiprnert aeagsmentyou made providing Staffing and Pismo describe your A orsaibisly Plen for mane at your event try Individuals with dsabiltties: Reese preside a d.Wlad dwatpllon dyer PARKING plat 4 BB/ 07/2001 91:33 19042397180 DME PAGE 96 08/07/2001 09:19 61933643377 CITY OF NATIONAL CTY PAGE 12 Mem depoubir your Alen for DISABLED PARKING: Reese dworibe your pie to nobly MI residues, businesses ad dMebhee impeded by the event NOTE: Nscheduled Ind mustbs WNW 72 tows In edvaros Wien crests w _YES )(ND Are erne any mutest enlstialre isre futures meted to your event? If YES, aeese Now the tweet or MOW number of bends slid type of music. Number oration: Number of Sonde Type a Music — YES KNO WIN sound emplllioedon be used? If YES, Wiese Iridicser KNO • time: anion Finish Time autrPm YES p NO Wlt scud checks be concluded prior totte event? If YES, Woe Indicate: 8tat ems: pnMprn Finish Time aNpn P lows describe the sound equipment that wlt be hued for your evert: YES X/NO Ftrewaloc, rockets or other Pyratedudee? If YES, dews deerilbs: _yes_ NO Any!Ipm, banners, decoction, spodal liplitnp? tf YES, deese dssenbs: 3)00 # slims wN1 be 4,064, b 41,41 3 k45.. 5 08/07/2001 01:33 19042367180 DhE PAGE 07 88/07/2001 09:19 61E33E4337T CITY OF NATIONAL CTY PAGE 13 yor Office 'Use Orsfy Department . Dais Yes No Conditions) of Approval Initial Specific Conditions of Approval BL ILDING AND SAFETY DEPT. RECEIVED AUG 0 7 2001 ?NATIONAL CITY, CALIF. 6 CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: Epperson Productions EVENT: Vehicle Tent Sale DATE OF EVENT: September 5-30, 2001 APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] SPECIFIC Conditions of Approval: FIRE (336-4550) 1. A permit will be required for the use of 3 (600 sqft each) tent/canopies from the Fire Department. FINANCE (336-4330) A business license is required of all vendors and businesses participating in the special event. Each separate vendor must have a separate business license. Merchants licensed for the site can operate on their current license. Item #27 8/21/01 MTDB SOUTH BAY STUDY — COUNCILMAN BEAUCHAMP